Journal of the House of Representatives of the State of Georgia at the regular session commenced at Atlanta, Monday, January 8, 1968 and adjourned Friday, March 8, 1968, volume I

Compiler's Note
The Journal of the House of Representatives regular session of 1968 is bound in two separate volumes. The large number of pages made it impractical to bind into one volume.
Volume I contains January 8, 1968 through February 27, 1968. Volume II contains February 28, 1968 through March 8, 1968, the committee reports, and the complete index.

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 8, 1968 and adjourned Friday, March 8, 1968
1968 ATLANTA, GA.

OFFICERS
OF THE
HOUSE OF REPRESENTATIVES
1967-1968
GEO. L. SMITH II._.__.__._.._......_______________....Speaker
54th DISTRICT, EMANUEL COUNTY
MADDOX J. HALE........_........._.............................Speaker Pro Tern
1st DISTRICT, DADE COUNTY
GLENN W. ELLARD..-_........._______.__.._____.......Clerk
HABERSHAM COUNTY
JACK GREEN________________ Assistant Clerk
FULTON COUNTY
JANETTE HIRSCH...........___..._______..__.......____...Assistant Clerk
FULTON COUNTY
AMELIA SMITH.................................__.__...__........Assistant Clerk
FULTON COUNTY
ELMORE C. THEASH__________-__________Messenger
LOWNDES COUNTY
MARION TOMS .___.....--_..____..__ ______......______Doorkeeper
QUITMAN COUNTY

HOUSE JOURNAL

Representative Hall, Atlanta, Georgia Monday, January 8, 1958

The Representatives of the General Assembly of Georgia for the years 19671968 met in regular session in the Hall of the House of Representatives at 10:00 o'clock, A. M., this day and were called to order by Honorable George L. Smith, II, Speaker of the House of Representatives.

The following prayer was offered by the Reverend Felix Turner, pastor, First Baptist Church, Swainsboro, Georgia:
Eternal God, Maker of heaven and earth, may glory be yours now.
We are conscious, our Father, of our need for Your guidance and we ask You to give us the direction we need, and the faith to accept it.
We ask your very special blessing upon each member of this Body. Through Your forgiveness and cleansing power, remove from them any hindrance to fairness and good judgment.
Make each to care for that which is worth pursuing and to despise that which is unworthy. Give to each sensitivity to discern right from wrong, and character to be governed by love.
And teach us the discipline of patience. "Let the words of our mouths and the meditations of our hearts be acceptable in Your sight, for you are our Strength and our Redeemer."
Teach us how to walk softly when ours is the task of offering rebuke, and how to thunder our convictions when truth would be the loser for our keeping silent.
Grant that our servitude may be unto You through Jesus Christ our Lord, Amen.
The following communication from Honorable Ben W. Fortson, Jr., Secretary of State was received and read:

SECRETARY OF STATE Ben W. Fortson, Jr. Secretary of State
Atlanta, Georgia 30334
Honorable Geo. L. Smith II Speaker, House of Representatives State Capitol Atlanta, Georgia

June 1, 1967

Dear Sir:

I hereby certify that the consolidated returns on file in this office of the special run-off election held on the 30th day of May, 1967, in the llth District, Habersham County, Georgia, for the purpose of electing

6

JOURNAL OP THE HOUSE,

a Representative to the General Assembly from the llth District, shows the following result:
JACK N. GUNTER _._____.........__.......Received__.. _ _.._. .1734 votes
Chester Barren ..._...___._... __.. Received....-___________.....1556 votes
Given under my hand and seal of office on this the 1st day of June, 1967. /s/ Ben W. Fortson
Secretary of State
(Seal)

The following oath of office was administered to Honorable Jack N. Gunter by Honorable Lamar N. Smith, Judge, Mountain Judicial Circuit:
OATH OF OFFICE OF MEMBERS OF THHE GENERAL ASSEMBLY I do hereby solemnly swear or affirm that I will support the Consti-
tution 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 and that I am not a member of the Communist Party.
/s/ Jack N. Gunter
Sworn to and subscribed before me this 19 day of June, 1967. /s/ Lamar N. Smith
Judge Superior Court Habersham County.

The following communication from Honorable Ben W. Fortson, Jr., Secretary of State, was received and read:

SECRETARY OF STATE Ben W. Fortson, Jr. Secretary of State
Atlanta, Georgia 30334
June 30, 1967 Honorable Geo. L. Smith II Speaker, House of Representatives State Capitol Atlanta, Georgia
Dear Sir:
I hereby certify that the consolidated returns on file in this office of the Special Run-off Election held on the 28th day of June, 1967, in

MONDAY, JANUARY 8, 1968

7

the 13th District, Post 2, Floyd County, Georgia, for the purpose of electing a Representative to the General Assembly from the 13th Dis-
trict, shows the following result:

CHARLES GRAVES ....................................received.......___..___.3,846

E. B. TOLES ......___.-.........._.___._.....received____.___.__...3,000

ROY KNOWLES __...___.._______.received__________ 1

(Seal)

Given under my hand and seal of office on this the 30th day of June, 1967. fa/ Ben W. Fortson, Jr.
Secretary of State

The following oath of office was administered to Honorable Charles E. Graves by Honorable Hiram K. Undercofler, Associate Justice, Supreme Court of Georgia:
OATH OF OFFICE OF MEMBERS OF THE 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 and that I am not a member of the Communist Party.
/a/ Charles E. Graves

Sworn to and subscribed before me
this 5th day of July, 1966. /a/ Hiram F. Undercofler
Associate Justice Supreme Court of Georgia

The following communication from Honorable Ben W. Fortson, Jr. Secretary of State, was received and read:

SECRETARY OF STATE Ben W. Fortson, Jr. Secretary of State
Atlanta, Georgia 30334 August 21, 1967
Honorable Geo. L. Smith II Speaker, House of Representatives State Capitol Atlanta, Georgia
Dear Sir:
I hereby certify that the consolidated returns on file in this ofifce of the Special Election held on the 17th day of August, 1967, in the 77th

JOURNAL OF THE HOUSE,
District, Wayne County, Georgia, for the purpose of electing a Repre sentative to the General Assembly from the 77th District, shows the following result:

DR. McKEE HARGRETT ..------------..received--------_.._..1530 votes Robert L. (Bob) Harrison ..................received...._.__,,_.....__ 459 votes Barney H. Odum ,,__________--_________-....received_.___..._....... 402 votes J. R. (Bob) Weaver _------..__....-_--...received...----...------.-._ 386 votes Jim Collins ----__------------------_received,_...._____._ 239 votes Write-in: Lee Poppell ----------------received------__.......... I vote

(Seal)

Given under my hand and seal of office on this 21st day of August, 1967. /s/ Ben W. Fortson, Jr.
Secretary of State

The following oath of office was administered to Honorable McKee Hargrett by Honorable Hiram K. Undercofler, Associate Justice, Supreme Court of Geor gia:
OATH OF OFFICE OF MEMBERS OF THE GENERAL ASSEMBLY
I do hereby solemnly swear or affirm that I will support the Consti tution 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 hloder 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 that I am not a member of the Communist Party.
/s/ Dr. McKee Hargrett
Sworn to and subscribed before me this 24th day of August, 1967.

/s/ Hiram F. Undercofler Assoc. Justice Supreme Court

MONDAY, JANUARY 8, 1968

The roll was called and the following members answered to their names:

Adams Alexander Anderson
Ballard Barber Barfield
Battle Bennett Berry, C. E. Berry, J. K.
Black Blalock Bond
Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D.
Brown, C. Buck Busbee Caldwell
Carnes Gates Cato Chandler Cheeks
Clarke Cole Collins, J. P. Collins, M. Colwell Conner Cook, R. M. Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Dollar Dorminy Doster Douglas

Edwards Egan Fallin Farmer Farrar Fleming
Floyd Funk Gary
Gay
Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway Hale Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howard
Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambert Lambros Land Lane, Dick
Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard

Levitas Lewis Longino Lovell
Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Moreland
Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Odom
Oglesby Otwell
Pafford Palmer
Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss Ragland Rainey Reaves Richardson
Roach
Ross Rowland Rush Russell Savage Scarlett Shanahan

10
Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis

JOURNAL OF THE HOUSE,

Sullivan Sweat Thompson, A. W. Thompson, R. Threadgill
Townsend Tucker Turner Tye Underwood
Vaughan, D. N.
Vaughn, C. R. Walling

Wamble Ward Ware Wells Westlake
Whaley Wiggins Williams, W. M. Wilson, J. M. Wilson, R. W.
Winkles
Wood Mr. Speaker

Honorable George L. Smith, II, Speaker of the House of Representatives delivered the following address:
LADIES AND GENTLEMEN OF THE HOUSE . . . DISTINGUISHED AND SPECIAL GUESTS . . . AND FRIENDS OF THE HOUSE OF REPRESENTATIVES OF GEORGIA.
We are about to begin what well may be one of the most event ful ... and hopefully, one of the most productive sessions in the great and honorable history of this house. Before we begin however, I deem it necessary and fitting to express brief words of appreciation for your services in the past and your pending contributions to this session.
Since our adjournment last winter, much has been done through the work of our various interim committees. The long hours of discus sion, debate and deliberation in various committee meetings over the past year does not always receive the attention deserved but it will certainly pay dividends on the current calendar of legislation that lays before us.
Yet, may I remind each of you of your great responsibility to the citizens of Georgia. You have been entrusted with one of the greatest obligations of citizenship--the privilege of public service.
This is no time for complacency. We cannot and must not--in the days ahead--allow either the achievements or failures in our past to be a drag on our present and let us not be so simple to believe that future generations of Georgians will reap what we here in this assembly do not sow.
The lasting achievement of this assembly should not be approval of a record-breaking budget or the number of bills and resolutions we may consider.
Our final measure of greatness will be whether you and I--as indi viduals and elected representatives entrusted with the faith and hopes of all our citizens--will, by the end of this session, have increased the value of citizenship for all Georgians.

MONDAY, JANUARY 8, 1968

11

This house--in the days ahead--can lay a foundation of promise and progress for our state and all its citizens.

If we are true to ourselves, honest with those for whom we serve and face--without evasion or compromise--the many and massive chal lenges before us, I believe our honesty of purpose and conviction in the rights of free discussion and debate will let history say of us, "they served well".

Ladies and Gentlemen . . . Let us begin . . .

The following Resolutions of the House were read and adopted:
HR 371. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th and Lee of the 79th:
A RESOLUTION
To notify the Senate that the House has convened; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Clerk of the House is hereby instructed to notify the Senate that the House of Representatives has convened in regular session and is now ready for the transaction of business.

HR 372. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th and Lee of the 79th:
A RESOLUTION
To notify the Governor that the General Assembly has convened; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that a committee of fourteen, seven from the House to be named by that a committee of fourteen, seven from the House to be named by the Speaker, and seven from the Senate to be named by the President, be appointed and notify his Excellency, the Governor, that the General Assembly has convened in regular session and is now ready for the transaction of business.
Pursuant to the provisions of HR 372, the Speaker appointed as a committee of the part of House the following members:

12

JOURNAL OP THE HOUSE,

Messrs. Paris of the 23rd, Lane of the 64th, Northcutt of the 35th, Dent of the 104th, Gunter of the llth, Leggett of the 21st and Magoon of the 19th.

HE 373. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th and Lee of the 79th:
A RESOLUTION
Amending House Resolution 3; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that House Resolution 3, adopted at the 1967 regular session, is hereby amended by adding a new paragraph at the end of Part II, to read as follows:
"The provisions of this resolution relative to the period between the first and second portions of the 1967 regular session shall also apply to any similar periods during the 1968 regular session."

HR 374. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th and Lee of the 79th:
A RESOLUTION
Adopting the Rules of the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Rules of the House of Representatives in force at the adjourn ment of the regular 1967 session of the General Assembly of Georgia are hereby adopted as the Rules of the House of Representatives for the regular 1968 session.

HR 375. By Messrs. Smith of the 54th, Hale of the 1st, Buzbee of the 79th, Jones of the 38th and Lee of the 79th:
A RESOLUTION
Calling a joint session of the House of Representatives and Senate for the purpose of hearing a message from the Governor; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that his Excellency, Governor Lester G. Maddox, is hereby invited to address a joint session of the House of Representatives and Senate at 12:00 o'clock Noon, January 9, 1968, in the Hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and Senate be held in the Hall of the House of Repre-

MONDAY, JANUARY 8, 1968

13

sentatives at 11:30 o'clock on the aforesaid date for the purpose of hearing an address from his Excellency, the Governor.

BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker, and seven from the Senate to be named by the President, be appointed to escort his Excellency, the Governor, to the Hall of the House of Representatives.

Pursuant to the provisions of HR 375, the Speaker appointed as a committee on the part of the House the following members:

Messrs. Murphy of the 26th, Caldwell of the 51st, Barber of the 24th, Funk of the 116th, Brantley of the 63rd, Pafford of the 97th and Dean of the 20th.

HR 376. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, Jones of the 76th, Lambert of the 38th and Lee of the 79th:
A RESOLUTION
Calling a joint session of the House of Representatives and Senate for the purpose of hearing a message from the Governor; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that his Excellency, Governor Lester G. Maddox, is hereby invited to address a joint session of the House of Representatives and Senate at 12:00 o'clock Noon, January 12, 1968, in the Hall of the House of Representatives.
BE IT FURTHHER RESOLVED that a joint session of the House of Representatives and Senate be held in the Hall of the House of Representatives at 11:30 o'clock on the aforesaid date for the puropse of hearing an address from his Excellency, the Governor.
BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker, and seven from the Senate to be named by the President, be appointed to escort his Excellency, the Governor, to the Hall of the House of Representatives.

Pursuant to the provisions of HR 376, the Speaker appointed as a committee on the part of the House the following members:

Messrs. Adams of the 125th, Sweat of the 83rd, Farmer of the 29th, Parker of the 68th, Henderson of the 102nd, Harrington of the 47th and Brown of the 34th.

14

JOURNAL OF THE HOUSE,

Mr. Black of the 56th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals, reported that the proceedings of the last legislative day of the 1967 session, had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker, in his discretion, may call up any Bill on the General Calendar in any order he deems advisable.
By unanimous consent, the following Bill and Resolution of the House were read the second time:
HB 838. By Mr. Barber of the 24th: A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court, the Ordinary, and the Tax Collector of Jackson County, known as the fee system, so as to provide in lieu thereof annual salaries for such officers; and for other purposes.
HR 322-838. By Mr. Barber of the 24th: A Resolution proposing an amendment to the Constitution to provide that when no person receives a majority of the votes in an election for Governor, a runoff election shall be held between the two persons re ceiving the highest number of votes; and for other purposes.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate, to-wit:

MONDAY, JANUARY 8, 1968

15

SR 138. By Senator Coggin of the 35th: A Resolution notifying the House of Representatives that the Senate has convened in regular session and is now ready for the transaction of business; and for other purposes.

The following communication was received from Honorable Lester G. Maddox, Governor of Georgia:
EXECUTIVE DEPARTMENT Lester Maddox, Governor Atlanta
Honorable George L. Smith II Speaker of the House of Representatives State of Georgia State Capitol Atlanta, Georgia
Dear Speaker Smith:
Pursuant to the provisions of Article V, Section I, Paragraph XV of the Constitution of Georgia, the following House Bills and House Resolution passed and adopted at the 1967 Session of the General Assembly of Georgia were vetoed by me for the reasons set forth below:
H. B. 470--By Representative Hood of the 124th and others, amend ing an Act known as the "City of Atlanta and Fulton County Recreation Authority Act", so as to provide for additional members of said author ity; and for other purposes. This bill was vetoed by me due to the fact that I questioned the wisdom of adding any additional members to said Authority. I was reliably informed that the Authority as presently con stituted was acting in a businesslike manner and that an increase of the membership of said Authority would not increase the economy or efficiency of the Authority nor materially improve its operation.
H. B. 210--By Representative Harrison of the 98th and others, adding one additional judge of the superior courts of the Brunswick Judicial Circuit; and for other purposes. H. B. 772, which was approved by me on March 28, 1967, provided for an additional judge of the superior courts of the Brunswick Judicial Circuit. Because of the provision of H. B. 210 relative to the appointment of said new judge, I, in my dis cretion, chose to veto said bill rather than H. B. 772, which I approved.
H. B. 138--By Representative Williams of the 16th and others, providing for the use of speed detection devices by counties and munici palities; and for other purposes. This bill was vetoed by me because I felt that the approval of said bill would lead to an increase in the number of "speed traps" in the State of Georiga. It was further observed that notwithstanding the provision in said bill that it would be unlawful for any municipality or county to use speed detection devices when the per mit to do so had been revoked, the bill did not contain a penalty for said unlawful use nor a provision that it would be unlawful for an officer

16

JOURNAL OP THE HOUSE,

of any municipality or county not having a permit to use speed detection devices.

H. B. 57--By Representative Ware of the 42nd and others, relative to the registration and licensing of motor vehicles in the counties throughout the State, so as to provide that in addition to the issuance of license plates, the Revenue Commissioner and his agents shall also issue certain decals; and for other purposes. This bill was vetoed by me because of the cost of implementing the same and because no funds were appropriated to implement its provisions in the Appropriations Bill for Fiscal Year 1969. It is believed that the cost involved for the decals plus administrative expenses would outweigh the advantages of pro viding said decals.

H. B. 107--By Representative Smith of the 3rd and others, author izing the disclosure of information in medical records under certain circumstances; and for other purposes. This bill was vetoed by me be cause it was my opinion that the provisions of said bill were too liberal in its terms. As a matter of information, the vetoing of this bill met with the approval of the Georgia Hospital Administrators Association.

H. B. 825--By Representative Parker of the 55th, creating and estab lishing a joint Airport Authority for the City of Sylvania and the County of Screven; and for other purposes. This bill was vetoed at the author's request.

H. B. 21--By Representative Harris of the 118th, amending Code Section 30-127, relating to the custody of children in connection with the granting of divorces, so as to provide that in all divorce cases and in cases where a change of custody is sought, where the child has reaced the age of 14 years, said child shall have the right to testify as to which parent with whom said child desires to live and the reason for such desire; and for other purposes. This bill was vetoed by me at the request of members of the House of Representatives who voted for said bill, who stated that there was little discussion relative to the bill and the bill was unnoticed by many members. It was the feeling of those re questing its veto that some change should be made in the law, but that they did not feel the law should be changed so that a child would not have the right to choose the parent with which it desired to live so long as said child was under 21 years of age and not otherwise emancipated.

H. B. 103--By Representative Lane of the 126th and others, granting to the incorporated municipalities of this State located within any
county having a population of more than 300,000 certain basic powers, including certain powers to require the repair, closing or demolition of certain dwellings, buildings, or structures; and for other purposes. This bill was vetoed by me principally because of the undue hardship which it would impose upon the small homeowners in the City of Atlanta. The bill, in part, provided that mandatory demolition could be required for dwellings, buildings, or structures declared unfit for human habitation or commercial, industrial or business use, if repairs, alterations or improvements to said dwellings, buildings or structures could not be made at reasonable cost in relation to the value of the building, so as to render it suitable for human habitation. The bill further provided that in the event the building was not demolished, the demolition could be

MONDAY, JANUARY 8, 1968

17

carried out by authority granted to public officials and liens placed against the real estate upon which such demolished structure was located. The bill did not provide any method whatsoever of providing funds to citizens financially unable to afford repairs to structures owned by them which had been declared unfit for human habitation. The restric tions that could be imposed by said bill would cause many persons to lose what shelter they owned. The hardships that would be caused by said bill, in my opinion, far outweigh the advantages that would be afforded by it until such time as low-cost public or private financing could be afforded such citizens on a moderate repayment basis.

H. B. 292--By Representative Lambert of the 38th and others, providing for an additional Judge of the Superior Courts of the Ocmulgee Judicial Circuit; and for other purposes. This bill was vetoed by me because of the controversy among those interested in said bill relative to the election of the additional judge provided therein. Due to the fact that said bill provided for an election of the additional judge in the General Election in 1968, it was felt that some accord relative to the election or appointment of said judge could be agreed upon by the 1968 regular Session of the General Assembly, at which time a new bill could be introduced.

H. B. 300--By Representative Cook of the 123rd and others, amend ing an Act known as "Authority to require repair, closing or demolition of certain buildings in certain cities (300,000 or more)", Ga. Laws 1966, page 3089 et seq., approved March 4, 1966, so as to fix the time of the attachment of liens against the real property for the cost of vacating and closing dwellings. This bill was vetoed for the same reason I vetoed H. B. 103.

H. B. 577--By Representative Jordan of the 78th, amending an Act granting a new charter for the City of Leary, so as to change the term of office of the mayor and councilmen; and for other purposes. This bill was vetoed for the reason that the same was unconstitutional in that it did not comply with the provisions of law governing notice of intention to seek local legislation as provided by the Georgia Constitution (Article III, Section VII, Paragraph XV) according to existing decision of the Supreme Court of Georgia.

H. B. 779--By Representatives Sherman and DeLong of the 105th and others, declaring abandoned Alien Park in the City of Augusta. This bill was vetoed for the reason that the same was unconstitutional in that it did not comply with the provisions of law governing notice of intention to seek local legislation as provided by the Georgia Constitu tion (Article III, Section VII, Paragraph XV) according to existing decisions of the Supreme Court of Georgia.
H. R. 52-134--By Representative Lambros of the 130th, authorizing and directing the State Librarian to furnish certain volumes of the Georgia Supreme Court Reports to the Judges of the Superior Court of the Atlanta Judicial Circuit; and for other purposes. This resolution was vetoed by me because of the fact that Code Section 101-205, as amended, provides that reports of the Supreme Court and Court of Appeals furnished to counties shall remain the property of the State of Georgia and each official to whom such reports are furnished shall

18

JOURNAL OF THE HOUSE,

account to his successor in officer for those volumes missing, and no volumes of such reports shall be replaced unless proof of destruction by fire or other cause beyond the control of the county shall be submitted with the request for replacement volumes. The resolution did not pro vide any exception to the prohibition stated in said Code Section. The resolution was also vetoed for the reason that no funds have been appropriated for the replacement of missing volumes of reports of the Supreme Court or the Court of Appeals lost or otherwise destroyed heretofore furnished as provided by law.

A total of fifteen bills passed by the General Assembly and one resolution adopted by the General Assembly at the 1967 Session of the General Assembly of Georgia were vetoed by me.

House Bills numbered 470, 210, 138, 57, 107, 825, 21, 103, 292, 300, 577, 779 were numbered votoes 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12 and 13 respectively, and House Resolution 52-134 was numbered veto number 16. Vetoes numbered 7, 14 and 15 were Senate Bills.

This 27th day of April, 1967.

LM:jc

Respectfully submitted, /s/ Lester Maddox
Governor

cc: Honorable Arthur Bolton Honorable Ben W. Fortson, Jr. Honorable Frank Edwards

Mr. Harris of 118th District, Chairman of the Committee on Judiciary, sub mitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 5. Do Pass, by Committee Substitute.
Respectfully submitted, Harris of 118th, Chairman.
Mr. Busbee of the 79th moved that the House do now adjourn until 9:30 o'clock, tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 9:30 o'clock, tomorrow morning.

TUESDAY, JANUARY 9, 1968

19

Representative Hall, Atlanta, Georgia Tuesday, January 9, 1968

The House met pursuant to adjournment at 9:30 o'clock, A. M., this day and was called to order by the Speaker.

The following prayer was offered by Rev. Felix Turner, Pastor, First Baptist Church, Swainsboro, Georgia:
Our Heavenly Father, You have given us this good land for our heritage. We ask You to help us to indicate that we are mindful of your goodness toward us. Bless us with awareness of Yourself and understanding of our opportunities and responsibilities.
Save us from violence, discord, and confusion; from pride and arrogance, and from every evil way.
Give to these whom we entrust with the authority of government the spirit of wisdom. Through obedience to Your law let us show forth Your praise among the nations of the earth.
We pray for the leaders of our nation as well as the leaders of our state and communities. We pray for the world, and we ask that you give a very special measure of courage and strength to those involved in the conflict for liberty in Vietnam.
In this day of prosperity fill our hearths with thankfulness, and in this day of trouble suffer not our trust in You to fail.
We pray through Jesus Christ, our Lord. Amen.
By unanimous consent the call of the roll was dispensed with.

Mr. Black of the 56th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:

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1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General "Jaiendar in any order that he desires.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

HB 839. By Messrs. Williams and Wood of the 16th, Johnson of the 40th, Anderson of the 71st, Lambros of the 130th, Adams of the 125th, and Dillon of the 128th:
A Bill to be entitled an Act to amend Code Section 68-214, relating to motor vehicle license plates and their description, so as to require that the faces of license plates shall be treated with a reflective material in order to reduce road accidents and improve the visibility and legibility of license plates after dark; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 840. By Messrs. Williams of the 16th, Dillon of the 128th, Lambros of the 130th, Cox of the 127th and Wood of the 16th:
A Bill to be entitled an Act to amend an act creating the Department of Public Safety and providing for the issuance, suspension and revocation of motor vehicle driver licenses, so as to provide for the expiration of all driver licenses on the birth date of that year in which the age of the licensee is evenly divisible by four; to provide for the renewal of such licenses; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 841. By Messrs. Williams and Wood of the 16th, Johnson of the 40th, Lambros of the 130th, Anderson of the 71st, Adams of the 125th and Dillon of the 128th:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to change the speed restrictions for vehicles traveling on four lane limited access highways; and for other purposes.
Referred to the Committee on Motor Vehicles.

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21

HB 842. By Messrs. Williams and Wood of the 16th, Johnson of the 40th, Anderson of the 71st, Adams of the 125th, Dillon of the 128th and Lane of the 126th:
A Bill to be entitled an Act to provide that the State Board of Education shall prescribe by rules and regulations that a driver education course shall be included as part of the curriculum of all public high schools in this State by the 1968-69 school year; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 843. By Messrs. Williams and Wood of the 16th, Johnson of the 40th, Adams of the 125th, Dillon of the 128th, Cox of the 127th and Levitas of the 118th:
A Bill to be entitled an Act to provide for the use of speed detection devices by counties and municipalities; to provide for permits for the use of such devices from the Department of Public Safety; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 844. By Mr. Shanahan of the 8th:
A Bill to be entitled an Act to provide for the Gordon County Develop ment Authority, to provide for the members of the Authority, their terms and method of appointment; and for other purposes.
Referred to the Committee on Local Affairs.

HB 845. By Mr. Shanahan of the 8th:
A Bill to be entitled an Act to create a board of commissioners of roads and revenues for Gordon County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 846. By Mr. Higginbotham of the 119th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt the sale of food to be consumed on the premises of private elementary schools by pupils and employees from the taxes imposed by said Act; and for other purposes.
Referred to the Committee on Ways and Means.

HB 847. By Messrs. Lewis and Newton of the 50th:
A Bill to be entitled an Act to amend an Act creating the City Court of Waynesboro in Burke County, so as to change the compensation of the judge and solicitor of said court; and for other purposes.
Referred to the Committee on Local Affairs.

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HB 848. By Mr. Mauldin of the 18th:
A Bill to be entitled an Act to amend an Act incorporating the City of Franklin Springs in the County of Franklin, so as to change the terms of office of the Mayor and Councilmen of said City; and for other purposes.
Referred to the Committee on Local Affairs.

HB 849. By Messrs. Lane of the 126th, Cox of the 127th, Dillon of the 128th and Davis of the 119th:
A Bill to be entitled an Act to create the Board of Recreation Examiners of the State of Georgia as a division of the Georgia Recreation Com mission; and for other purposes.
Referred to the Committee on Education.

HB 850. By Messrs. Levitas of the 118th, Egan of the 141st and McClatchey of the 138th:
A Bill to be entitled an Act to adopt the Uniform Deceptive Trade Prac tices Act; and for other purposes.
Referred to the Committee on Industry.

HB 851. By Messrs. Levitas and Harris of the 118th:
A Bill to be entitled an Act to amend Code Chapter 26-19 relating to conspiracy, so as to provide that conspiracy to commit a crime shall be a crime; and for other purposes.
Referred to the Committee on Judiciary.

HB 852. By Mr. Howell of the 86th:
A Bill to be entitled an Act to provide that the Commissioners of Roads and Revenues of Early County shall be elected by the electors of the entire county; and for other purposes.
Referred to the Committee on Local Affairs.

HB 853. By Messrs. Carnes of the 129th, Cooper of the 16th, Fallin of the 94th, Lane of the 126th and Dodson of the 107th:
A Bill to be entitled an Act to amend an Act establishing Juvenile Courts, so as to change provisions relating to jurisdiction and procedure and to clarify provisions relating to rights of juvenile offenders; and for other purposes.
Referred to the Committee on Judiciary.

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23

HE 377-853. By Mr. Johnson of the 25th:
A Resolution to recreate the Elbert County Industrial Building Author ity, to provide for powers, authority, funds, purposes and procedure con nected therewith; and for other purposes.
Referred to the Committee on Local Affairs.

HR 378-853. By Messrs. Williams and Wood of the 16th, Johnson of the 40th, Anderson of the 71st, Adams of the 125th, Dillon of the 128th and Lane of the 126th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to allocate not more than 10% of all fines and forfeitures derived from violations of traffic laws and ordi nances to the Department of Education for the purpose of providing a program of instruction in driver education in the public schools of this State; and for other purposes.
Referred to the Committee on State of Republic.

HR 379-853. By Messrs. Carnes of the 129th, Lane of the 126th, Dodson of the 107th, Cooper of the 16th and Fallin of the 94th:
A Resolution creating the Juvenile Court Law Study Commission; and for other purposes.
Referred to the Committee on Judiciary.

HB 854. By Mr. Dodson of the 107th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' Consumers' Sales and Use Tax Act", so as to exempt all Federal and State excise taxes which are imposed upon motor fuel from the tax imposed by said Act; and for other purposes.
Referred to the Committee on Ways and Means.

HB 855. By Mr. Funk of the 116th:
A Bill to be entitled an Act to provide that it shall be a breach of war ranty for any manufacturer of a motor vehicle to notify the purchaser thereof to surrender the vehicle to the manufacturer or its agent for the purpose of having corrections made in defects and imperfections known or suspected to exist in vehicles sold by the manufacturer; and for other purposes.
Referred to the Committee on Industry.

HR 380-855. By Mr. Gaynor of the 114th:
A Resolution compensating Mr. Joseph E. Hinely, Jr.; and for other purposes.
Referred to the Committee on Appropriations.

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HB 856. By Mr. Lambros of the 130th:
A Bill to be entitled an Act to provide a system for the identification of persons who are not qualified to acquire or possess firearms or firearm ammunition; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 857. By Mr. Lambros of the 130th:
A Bill to be entitled an Act to define the offense of unlawful sale of firearms; to define the offense of unlawful possession of firearms and firearm ammunition; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 858. By Mr. Shuman of the 65th:
A Bill to be entitled an Act to amend an Act incorporating the City of Springfield, so as to change the date of election for Mayor and Alder men; and for other purposes.
Referred to the Committee on Local Affairs.

HB 859. By Mr. Shuman of the 65th:
A Bill to be entitled an Act to amend an Act abolishing the offices of Tax Receiver and Tax Collector of Bryan County, and creating the office of Tax Commissioner, so as to change the compensation of the Tax Commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

HB 860. By Mr. Shuman of the 65th:
A Bill to be entitled an Act to amend an Act supplementing the com pensation received by the Ordinary of Bryan County, so as to change the compensation to be paid to the Ordinary; and for other purposes.
Referred to the Committee on Local Affairs.

HB 861. By Mr. Lee of the 35th:
A Bill to be entitled an Act to amend Code Title 114, relating to Work men's Compensation, so as to change certain benefits; to change proce dures for review of settlements; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 862. By Messrs. Parker of the 55th, Lewis and Newton of the 50th, Wiggins and Threadgill of the 32nd, Nessmith of the 64th and Reaves of the 99th:
A Bill to be entitled an Act to amend an Act providing for grants to

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25

certain municipalities, so as to provide that the State Treasurer shall disburse grants on a quarterly basis; and for other purposes.
Referred to the Committee on State of Republic.

HB 863. By Mr. Henderson of the 102nd:
A Bill to be entitled an Act to amend Code Chapter 84-15, relating to the regulation of the practice of veterinary medicine, so as to require the attendance of applicants for renewal licenses at educational programs prior to the renewal of licenses to practice veterinary medicine; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 864. By Messrs. Henderson of the 102nd and Nessmith of the 64th:
A Bill to be entitled an Act to amend Code Section 88-1305 relating to the Radiation Control Council, so as to provide that one member of the council shall be a veterinarian; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 865. By Mr. Richardson of the 116th:
A Bill to be entitled an Act to provide that it shall be unlawful for any person to possess a firearm during the commission or attempt to commit any felony; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 866. By Mr. Richardson of the 116th: A Bill to be entitled an Act to provide that it shall be unlawful for any person to have in his possession a firearm in, or in close proximity to, any area in which a riot is taking place or in any area which has been designated by the governing authority of any county or municipality, or by the Governor, as a riot area; and for other purposes.
Referred to the Committee on Special Judiciary.
HR 381-866. By Messrs. Townsend of the 140th, Snow of the 1st: A Resolution creating a commission to study the processes and opera tions of the legislative branch of the government of the State of Georgia; and for other purposes.
Referred to the Committee on Rules.
Mr. Steis of 100th District, Chairman of the Committee on Special Judiciary, submitted the following report:

26 Mr. Speaker:

JOURNAL OP THE HOUSE,

Your Committee on Special Judiciary has had under consideration the follow ing Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:

HB 130. Do Pass, by Substitute.

Respectfully submitted, Steis of the 100th District, Chairman.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolutions of the House and Senate, to-wit:

SR 141. By Senators Webb of the llth, Coggin of the 35th, and Smith of the 18th: Extending an invitation to Senator Richard B. Russell to address a joint session of the House and Senate on January 15, 1968.
SR 142. By Senators Webb of the llth, Coggin of the 35th, and Smith of the 18th: Extending an invitation to Senator Herman E. Talmadge to address a joint session of the House and Senate on January 15, 1968.

HR 372. By Messrs. Smith of the 54th, Hale of the 1st, and Busbee of the 79th, and others:
Notifying the Governor that the General Assembly has convened; and for other purposes.

HR 375. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, and others:
Calling a joint session of the House and Senate for the purpose of hearing a message from the Governor; and for other purposes.

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27

HR 376. By Messrs. Smith of the 54th, Hale of the 1st, Busbee of the 79th, and others:
Calling a joint session of the House and Senate for the purpose of hearing a message from the Governor; and for other purposes.

Mr. Paris of the 23rd asked unanimous consent that the rules of the House be suspended in order that the following Bills of the House could be introduced, read the first time and referred to the committees:

HB 881. By Messrs. Paris of the 23rd, Wamble of the 90th, Sims of the 131st, Sherman of the 105th, Harris of the 14th and others:
A Bill to be entitled an Act to establish a violation point system for the assessment of points for all of the various moving traffic violations occurring within or without the State of Georgia which are committed by holders of Georgia driver's licenses; and for other purposes.

HB 882. By Messrs. Paris of the 23rd, Wamble of the 90th, Sims of the 131st, Sherman of the 105th, Harris of the 14th and others:
A Bill to be entitled an Act to amend the financial responsibility law: to provide that when proof of financial responsibility is required by said Act the financial responsibility shall be maintained for certain periods of time after the reinstatement of the licenses; and for other purposes.

The consent was granted, and HB 881 and HB 882 were introduced, read the first time and referred to the Committee on Motor Vehicles.

Under the general order of business, the following Bill of the House was again taken up for consideration:

HB 5. By Messrs. Smith of the 54th, Steis of the 100th and Harris of the 118th: A Bill to be entitled an Act to revise, supersede and consolidate the Criminal Code of Georgia; and for other purposes.
The following Committee substitute was read:
AN ACT
To revise, classify, consolidate, and supersede the present laws relating to crimes and the punishment therefor and to establishing new laws relating thereto; to define that which constitutes each crime and to provide for punishment and for the imposition of punishment

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therefor; to provide safeguards for the rights of those accused of crimes; to provide a new Criminal Code composed as follows: Chapter 26-1, title and construction of Act, including general purposes of the Act, application of the Act to crimes committed on and after the effective date of the Act, and providing punishment for conduct made criminal by the Act or by another statute of this State and for which punishment is not otherwise provided; Chapter 26-2, applicability of common law, providing that no conduct constitutes a crime unless it is described as a crime in the Act or in another statute of this State and providing that benefit of clergy shall not exist; Chapter 26-3, jurisdiction and venue, providing the policy of this State as to the exercise of its jurisdiction over crime and persons charged with the commission of crime, providing for the instances in which a person shall be subject to prosecution in this State for a crime which he commits while either within or outside the State, providing the circumstances under which a crime is com mitted party within this State and that a crime based on an omission to perform a duty imposed by the law of the State is committed within the State, and providing for the venue for trial of criminal offenses and the cumulative effect of this venue provision; Chapter 26-4, general definitions, providing that, for the purposes of this Act, the terms set out and defined in the section of this Chapter have the meanings desig nated therein except when a particular context clearly requires a dif ferent meaning; Chapter 26-5, rights of accused, providing for the presumption of innocence of every person until proved guilty, prohibit ing conviction of a crime unless each element of such crime is proved beyond a reasonable doubt, providing for limitations of prosecutions, periods excluded from limitations of prosecutions, extension of limitation of prosecutions, crimes included within a crime charged and when a crime is so included, multiple prosecutions for the same act or conduct and limiting such multiple prosecutions, providing for the effect of former prosecution; Chapter 26-6, criminal act and mental state, de fining a crime, providing for misfortune or accident not being a crime, the presumption that the acts of a person of sound mind and discretion are the product of the person's will and the rebuttal of this presumption, how intention may be manifested, intention as a question of fact, the presumption of sanity; Chapter 26-7, responsibility, providing for the minimum age at which a person shall be considered or found guilty of a crime, lack of mental capacity to distinguish between right and wrong in relation to the crime committed, insanity, delusional compulsion over mastering will to resist committing crime, no finding of guilty of crime when involuntary intoxication results in lack of sufficient mental ca pacity to distinguish between right and wrong in relation to such crime, definition of involuntary intoxication, voluntary intoxication as no excuse for criminal act or omission; Chapter 26-8, parties to crime, providing for persons concerned in the commission of a crime being parties, the circumstances under which a person is concerned in the commission of a crime, the trial and conviction of a party to a crime who did not directly commit the crime, the criminal responsibility of corporations; Chapter 26-9, defenses to criminal liability, providing for justification as a defense to prosecution for a crime and the circum stances and instances when the defense of justification can be claimed, the circumstances under which the use of force in the defense of self or others is and is not justifiable, the circumstances under which the use of force in the defense of a habitation is justifiable, the circum stances under which the use of force in the defense of real and personal property is justifiable, entrapment as a defense to prosecution for a

TUESDAY, JANUARY 9, 1968

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crime, coercion as a defense to prosecution for a crime, and providing that a defense based upon any of the provisions of this chapter is an affirmative defense; Chapter 26-10, attempts, providing the circum stances under which or the occasion when a person commits criminal attempt, that impossibility of commission of the crime is no defense to a charge of criminal attempt, that abandonment of effort to commit the crime or prevention of its commission is an affirmative defense to criminal attempt, that there can be a conviction of criminal attempt if the crime attempted was committed in pursuance of the attempt but not conviction of both the criminal attempt and the completed crime, that the charge of a crime includes criminal attempt as to that crime, and providing the punishment for conviction of criminal attempts to commit felonies and misdemeanors and crimes punishable by death or by life imprisonment; Chapter 26-11, criminal homicide, providing for the crime of murder, the definition of express malice, when malice shall be implied, the punishment for murder, the crime of voluntary manslaughter and the punishment therefor, the crime of involuntary manslaughter and the punishment therefor, and the crime of concealing the death of another and the punishment therefor; Chapter 26-12, abortion, providing for the crime of criminal abortion, providing that nothing in this chapter shall be construed to prohibit therapeutic abortion perfoi-med by a licensed physician in a licensed hospital or other medical institution when said abortion is medically advisable in the written opinion of at least two other licensed physicians which opinions are to be based on personal medical examination of the woman and filed in advance with such hospital or other medical institution, providing for the filing and furnishing to the solicitor general of the judicial circuit in which the aforesaid hospital or other medical insti tution is located upon his written request of the aforesaid written opinions of the two licensed physicians, and providing the punishment for the crime of criminal abortion; Chapter 26-13, bodily injury and related offenses, providing for the crime of simple assault and the punishment therefor, the crime of aggravated assault and the punish ment therefor, the conviction of assault with intent to commit the crime if the intended crime was committed as a result of the assault but not conviction of both the assault and the completed crime, the crime of simple battery and the punishment therefor, the crime of aggravated battery and the punishment therefor, the justification for simple assault or simple battery on the grounds of opprobrious or abusive language used by the person against whom force was threatened or used, the crime of terroristic threat and the punishment therefor, the crime of false imprisonment and the punishment therefor, the crime of false imprisonment under color of legal process and the punishment therefor, the crime of maliciously causing the imprisonment of a sane person and the punishment therefor, the crime of kidnapping and the punish ment therefor, the crime of interference with custody of a committed person and the punishment therefor, and providing the definition of the words "committed person"; Chapter 26-14, arson and related of fenses, providing for the crimes of arson in the first degree, arson in the second degree, arson in the third degree, criminal possession of explosives, and prescribing the punishment for each of the above said crimes; Chapter 26-15, criminal damage to property, providing for the crimes of criminal damage to property in the first degree, criminal damage to property in the second degree, criminal trespass upon the land or premises of another, criminal trespass to vehicles, damaging, destroying, or secreting property to defraud another person, vandalism

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to a place of worship, and prescribing the punishment for each of the above said crimes; Chapter 26-16, burglary and related offenses, pro viding for the crime of burglary and the crime of possession of tools used in the commission of crime, and prescribing the punishment for each of the above said crimes; Chapter 26-17, deceptive practices, pro viding for the crime of forgery, the crime of making, drawing, uttering, or delivering a check, draft, or order for the payment of money on any bank or other depository in exchange for present consideration or wages knowing that it will not be honored by the drawee, the crime of im proper use of a credit card, the crime of deceptive business practice, the crime of destroying, removing, concealing, encumbering, transferring, or otherwise dealing with property subject to a security interest with intent to hinder enforcement of that interest, and prescribing punish ment for each of the above said crimes; Chapter 26-18, theft, defining the words and terms "deprive," "financial institution," and "property of another" as used in the chapter, providing for the crime of theft by taking, the crime of theft by deception, the crime of theft by extortion and the venue of prosecutions for said crime and the punishment for said crime, the crime of theft of lost or mislaid property, the crime of theft by receiving stolen property, the crime of theft of services, the crime of theft by conversion, the crime of theft of a trade secret and the punishment for said crime, providing for an affirmative defense of claim of right to prosecution for violation of specified sections of this chapter, providing for venue in a prosecution under specified sections of this chapter, and prescribing punishment for the violation of sections 26-1802, 26-1803, 26-1805, 26-1806, 26-1807, 26-1808; Chapter 26-19, rob bery, providing for the crime of robbery and the crime of armed robbery and prescribing the punishment for each of the above said crimes; Chapter 26-20, sexual offenses, providing for the crimes of rape, sodomy, aggravated sodomy, solicitation of sodomy, bestiality, seduction, incest, bigamy, marrying a bigamist, adultery, fornication, public indecency by performing in a public place an act of sexual intercourse or lewd exposure of sexual organs or lewd appearance in a state of partial or complete nudity or lewd caress or indecent fondling of body of another person, prostitution, pimping, keeping a place of prostitution, pandering, pandering by compulsion, statutory rape, child molestation, enticing a child for indecent purposes, and prescribing punishment for each of the above said crimes, providing for an affirmative defense to the crime of bigamy and the crime of marrying a bigamist based upon continual absence of the prior spouse for a period of seven years, and providing that no conviction for the crimes of rape or statutory rape shall be had upon the unsupported testimony of the female; Chapter 26-21, dis tributing obscene materials, providing for the crime of distributing obscene materials and prescribing punishment for said crime; Chapter 26-22, treason and related offenses, providing for the crimes of treason, insurrection, attempt to incite insurrection, advocating the overthrow of the government of the State or any political subdivision thereof, and prescribing the punishment for each of the above said crimes; Chapter 26-23, abuse of governmental office, providing for the crimes of bribery, violation of oath by public officer, State government officers or em ployees receiving funds to be used in the enforcement of penal laws or regulations of the State, local government officers or employees re ceiving funds to be used in the enforcement of penal laws or regula tions of the political subdivision of which they are officers or employees, State government officers or employees improperly influencing legisla tive action of the General Assembly or approval or disapproval of same

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31

by the Governor, local government officers or employees improperly influencing legislative action of the legislative body of the political subdivision of which they are officers or employees, State officers or employees improperly influencing another officer or employee of the State or any agency thereof, local government officers or employees improperly influencing another officer or employee of the political subdivision of which they are officers or employees, a State officer or employee selling to the State government or any agency thereof, an officer or employee of a political subdivision selling to the political subdivision of which he is an officer or employee, conspiracy to defraud the State, conspiracy to defraud a political subdivision, conspiracy in restraint of free and open competition in transactions with the State or any agency therefor, conspiracy in restraint of free and open com petition in transactions with political subdivisions or any agency thereof, officer making a false acknowledgement of appearance or oath, officer of State or political subdivision or other authorized persons making false official certificates or writings, acceptance by person who is or may be a witness of reward or consideration pursuant to an agreement that his testimony will be influenced thereby or that he will absent himself, and providing that it shall be unlawful for members of the General Assembly to accept or hold office or employment in the execu tive or judicial branches of State government and unlawful for judges of courts of record or their clerks or assistants to accept or hold office or employment in the executive or legislative branches of State govern ment and unlawful for officers or employees of the executive branch of State government to accept or hold office or employment in the legislative or judicial branches of State government and specifying the punishment for the violation of the foregoing provisions; Chapter 26-24, perjury and other falsifications, providing for the crimes of perjury, false swearing, subornation of perjury or false swearing, impersonating in a legal proceeding, impersonating a public officer or employee, bar ratry, embracery, and specifying the punishment for each of the above said crimes; Chapter 26-25, obstruction of law enforcement, providing for the crimes of escape, aiding another to escape, a peace officer or employee of a penal institution recklessly permitting a person in his custody to escape, hindering the apprehension or punishment of a crimi nal, compounding a crime, obstruction of law enforcement officer in lawful discharge of his official duties, giving a false name or address to a law enforcement officer in the lawful discharge of his official duties with intent to mislead him, mutiny in penal institutions, insti gating mutiny in penal institutions, and specifying the punishment for each of the above said crimes; Chapter 26-26, disorderly conduct and related offenses, providing for the crimes of riot, inciting to riot, affray, unlawful assembly, public disturbance--preventing or disrupting a lawful meeting or gathering or procession, refusal of person in a gather ing to obey official request or order of peace officer or fireman to dis perse, public drunkenness, transmitting false fire alarm, transmitting false public alarm, abusive or obscene language--use of approbrious words to or of another in his presence or by telephone or use of obscene and vulgar or profane language in presence of or by telephone to a female or to a male under the age of 14 years or communicating to any female within State by writing or printing any obscene or vulgar language or improper proposals or engaging in indecent or disorderly conduct in presence of female in any public place or telephoning an other repeatedly for the purpose of annoying or harassing or molesting another or his family or use over the telephone of language threatening

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bodily harm or telephoning and intentionally failing to disengage the connection or knowingly permitting any telephone under his control to be used for the above prohibited purposes, obstructing highways or streets or sidewalks or other public passages, dumping trash on right-of-way of a highway or on the land of another, criminal inter ference with government property, keeping and maintaining a dis orderly house, and prescribing the punishment for each of the above said crimes; Chapter 26-27, gambling and related offenses, defining "bet," "gambling place," "gambling device," "lottery," and providing for the crimes of gambling, commercial gambling, keeping a gambling place, advertising commercial gambling, communicating gambling in formation, possession of gambling device or equipment, bribery of a contsstant or coach or trainer or manager or official in any athletic or sporting contest or event, solicitation or acceptance of a bribe by participant or coach or trainer or manager or official in any athletic or sporting contest or event, and specifying punishment for each of the above said crimes, and providing for the seizure and destruction of gambling devices, providing that funds or other things of value seized in any gambling place or found in or on any gambling device shall vest in the county and shall be paid into the county treasury as county funds, and providing for the seizure of vehicles used in transporting gambling devices and equipment, and providing that a purchaser of a federal wagering occupational tax stamp shall register such stamp and shall file a sworn affidavit setting forth the name and address of the true owner of the gaming device for which such stamp was purchased together with the serial number of each such device and prescribing a punishment for failure to register such stamp as above required and providing that holding or owning or possessing or paying the tax for a federal wagering occupational tax stamp shall be prima facie evidence of the guilt of the person paying the tax or so holding or owning or possessing in prosecutions under sections 26-2702 or 26-2703 of this code and providing that payment of tax on coin-operated gaming devices as provided in 26 United States Code Section 4461 or the holding or owning or possessing of any stamp or receipt of such payment shall be prima facie evidence of guilt of the person paying such tax or holding or owning or possessing such stamp or receipt in any prosecution for violation of section 26-2707 of this code, and pro viding further that the State Revenue Commissioner shall annually ascertain what persons have been issued or hold or own or possess or are paying taxes on coin-operated gaming devices and shall report this fact in writing to all law enforcement agencies seated in the county of the residence of such person holding or owning or possessing or paying the aforesaid taxes; Chapter 26-28, malicious mischief of fenses, providing for the crimes of cruelty to children, cruelty to ani mals, misuse of the Federal flag or emblem or the Georgia State Flag or coat of arms or the flag or emblem of the Confederate States of America, criminal defamation, and specifying punishment for each of the above said crimes; Chapter 26-30, invasions of privacy, providing for the crimes of unlawful eavesdropping or surveillance but providing specified exceptions and exemptions from the operation of this criminal provision with reference to the use of certain telephonic equipment to intercept communications under license from the Georgia Public Service Commission or use of certain equipment by telephone companies to pre serve quality of service furnished the public or prevent unlawful use of telephone service and with reference to interception and divulging of messages sent by telephone or telegraph or letter or other means

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33

upon consent of parties thereto and further making provisions con cerning the admissibility into evidence of communications obtained under these exceptions and exemptions, and specifying punishment for each of the above said crimes; Chapter 26-29, crimes involving dangerous instrumentalities and practices, providing for the crime of carrying a concealed weapon, the crime of carrying deadly weapons to or while at a public gathering, the crime of carrying a pistol without a license, the granting and revocation by ordinaries of each county of licenses to carry pistols or revolvers, the crime of furnishing weapons to minors, the crime of selling or manufacturing or purchasing or possessing or carrying machine guns, the exemption of specified persons from the application or effect of sections 26-2901, 26-2902, 26-2903 and 26-2906 of this code, the crime of pointing a gun or pistol at another, the crime of discharging a gun or pistol within fifty yards of a public highway or street, the crime of reckless conduct causing bodily harm to or endangering the bodily safety of another person, the crime of abandon ment of containers with snap-locks, the crime of refusal to relinquish a telephone party line in case of emergency, the crime of making a false statement as to an emergency in order to obtain the line, the requirement that there shall be printed in every telephone directory a notice setting for the substance of the crimes of refusal to re linquish a telephone party line in case of emergency and making a false statement as to an emergency in order to obtain the line, the crime of wearing masks upon any public way or public property or upon the private property of another, the crime of placing or causing to be placed on public or private property a burning or flaming cross or any manner of exhibit in which a burning or flaming cross, real or simulated, is a whole or a part, and prescribing the punishment for each of the above said crimes; Chapter 26-31, reducible felonies-- capital offenses, uroviding for reducible felonies--the circumstances under which a defendant who has been found guilty by a jury or by a judge of a felony punishable by imprisonment for a maximum of ten years or less may be punished as for a misdemeanor, and providing for jury verdict and sentence in capital offenses--upon trial by jury involving an offense punishable by death or imprisonment a sentence of death shall not be imposed unless the jury verdict includes a recom mendation that such sentence be imposed but if such recommendation is made the judge shall impose the death sentence and if such recom mendation is not made the judge shall impose a sentence of imprison ment as provided by law and where trial is by the court and defendant is found guilty of an offense punishable by death or imprisonment the court shall impose sentence of death or imprisonment; Chapter 26-99, miscellaneous, providing for the crime of publication of the name or identity of a female raped or assaulted and prescribing the punishment therefor, providing for trials for escapes from the penitentiary and for other prisoners and convicts as competent witnesses of such trials, providing for convict witnesses on trials of convicts for mutiny, pro viding who may be appointed peace officers and detectives and pro hibiting persons from assuming to act as peace officers and detectives without appointment and requiring the filing of a list of all persons so appointed and prescribing punishment for violation of these provi sions, providing for the crime of intermarriage between specified per sons related by blood or marriage and prescribing the punishment for said crime, providing for the crime of keeping tippling houses open on the Sabbath and prescribing the punishment for said crime, pro viding that on trial for offending against sections 26-2702, 26-2703,

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26-2704 or 26-2707 any other person who may have played and bet at the same time or table shall be a competent witness, providing for the crime of violating the Sabbath day and prescribing the punishment therefor, providing for the crime of a warden or prison official causing a convict to work on Sunday and prescribing the punishment for said crime; to provide specific repeal of certain code sections and statutes; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY ENACTED BY AUTHORITY OF SAME:

Section 1.

The following shall constitute the Criminal Code of Georgia:
CHAPTER 26-1. TITLE AND CONSTRUCTION OF ACT.
Sec. 26-101. Title 26-102. General Purposes 26-103. Application of Title to Crimes Committed Before and After
Enactment 26-104. Punishment for Other Crimes
26-101. Title.
This Code Title 26 shall be known and may be cited as the "Crimi nal Code of Georgia."

26-102. General Purposes.

The general purposes of this Title are:
(a) To forbid and prevent conduct which unjustifiably and in excusably causes or threatens substantial harm to individual or public interests;
(b) To give fair warning of the nature of the conduct forbidden and the sentence authorized upon conviction;
(c) To define that which constitutes each crime; and
(d) To prescribe penalties which are proportionate to the serious ness of crimes and which permit recognition of differences in rehabilita tion possibilities among individual criminals.
26-103. Application of Title to Crimes Committed Before and After Enactment.

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35

The provisions of this Title shall govern the construction and punish ment of any crime defined in this Title committed on and after the effective date hereof, as well as the construction and application of any defense. The provisions of this Title do not apply to or govern the con struction or punishment of any crime committed prior to the effective date of this Title, or the construction or application of any defense. Such a crime must be construed and punished according to the provisions of the law existing at the time of the commission thereof in the same manner as if this Title had not been enacted.

26-104. Punishment for Other Crimes.

Any conduct that is made criminal by this Title or by another statute of this State, and for which punishment is not otherwise pro vided, shall be punished as for a misdemeanor.

CHAPTER 26-2. APPLICABILITY OF COMMON LAW.

Sec. 26-201. Code Governs Crimes 26-202. Benefit of Clergy

26-201. Code Governs Crimes.

No conduct constitutes a crime unless it is described as a crime in this Title or in another statute of this State. However, this provision does not affect the power of a court to punish for contempt or to employ
any sanction authorized by law for the enforcement of an order, civil judgment, or decree.

26-202. Benefit of Clergy.

The ancient device of "benefit of clergy" being no longer needed or appropriate, it shall not exist.

CHAPTER 26-3. JURISDICTION AND VENUE.

Sec. 26-301. Jurisdiction 26-302. Venue

26-301. Jurisdiction.

(a) It is the policy of this State to exercise its jurisdiction over crime and persons charged with the commission of crime to the fullest extent allowable under, and consistent with, the Constitution of this State and the Constitution of the United States.
(b) Pursuant to this policy, a person shall be subject to prosecution in this State for a crime which he commits, while either within or

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outside the State, by his own conduct or that of another for which he is legally accountable, if (1) the crime is committed either wholly or partly within the State; or (2) the conduct outside the State constitutes an attempt to commit a crime within the State; or (3) the conduct within the State constitutes an attempt to commit in another juris diction a crime under the laws of both this State and such other juris
diction.

(c) A crime is committed partly within this State, if either the conduct which is an element of the crime, or the result which is such an element, occurs within the State. In homicide, the "result" is either the act which causes death, or the death itself: and if the body of a homicide victim is found within the State, the death is presumed to have occurred within the State.

(d) A crime which is based on an omission to perform a duty im posed by the law of this State is committed within the State, regardless of the location of the accused at the time of the omission.

26-302. Venue.

(a) Generally. Criminal actions shall be tried in the county where the crime was committed, except as otherwise provided by law.

(b) Crime Committed on Boundary Line of Two Counties. If a crime is committed on, or so near to the boundary line between two counties that it cannot be readily determined in which county the crime was committed, the crime shall be considered as having been committed in either county.

(c) Criminal Homicide. Criminal homicide shall be considered as having been committed in the county in which the cause of death was inflicted. If it cannot be readily determined in which county the cause
of death was inflicted, it shall be considered that it was inflicted in the county in which the death occurred. If a dead body is discovered in this State and it cannot be readily determined in what county the cause of death was inflicted, it shall be considered that the cause of death was inflicted in the county in which the dead body was discovered.

(d) Assailant and Victim in Different Counties. If a person com mitting a crime upon the person or property of another is in one county and his victim or the property is in another county at the time of the commission of the crime, the crime shall be considered as having been committed in either county.
(e) Crime Commenced Outside the State. If the commission of a crime under the laws of this State commenced outside the State is con summated within this State, the crime shall be considered as having been committed in the county where it is consummated.
(f) Crime Committed While in Transit. If a crime is committed upon any railroad car, vehicle, watercraft, or aircraft traveling within this State, and it cannot readily be determined in which county the crime was committed, the crime shall be considered as having been

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37

committed in any county in which such crime could have been committed through which such railroad car, vehicle, watercraft, or aircraft has traveled.

(g) Crime Committed on Water Boundaries; Counties. Whenever a stream or body of water is the boundary between two counties, the jurisdiction of each county shall extend to the center of the main channel of such stream or the center of such body of water, and if a crime is committed on such stream or body of water and it cannot be readily determined in which county the crime was committed, the crime shall be considered as having been committed in either county.

(h) Crime Committed on Water Boundaries; States. Whenever a crime is committed on any river or body of water which forms a boun dary between Georgia and another State, the accused shall be tried in the county of this State which is situated opposite the point where the
crime is committed. If it cannot be readily determined on which side of the line a crime was committed between two counties which border the river or body of water, the crime shall be considered as having been committed in either county.

(i) Cumulative Effect of Section. The provisions of this Section are cumulative and shall not supersede venue provisions found in other parts of the Georgia Code (1933), as amended, in other parts of the Criminal Code of Georgia, or in other parts of the Criminal Procedure Code of Georgia.

CHAPTER 26-4. GENERAL DEFINITIONS.

Sec. 26-401. Definitions. 26-401. Definitions.

For the purposes of this Title, the following terms have the mean ings designated, except when a particular context clearly requires a different meaning:

(a) "Affirmative Defense". With respect to any affirmative de fense authorized in this Title, unless the State's evidence raises the issue invoking the alleged defense, the defendant to raise the issue, must present evidence thereon, or do so by his unsworn statement.

The enumeration in this Title of some affirmative defenses shall not be construed as excluding the existence of others.

(b) "Agency" means (1) when used with respect to the State Gov ernment, any department, commission, committee, authority, board, or
bureau thereof; and (2) when used with respect to any political sub division of the State Government, any department, commission, com mittee, authority, board, or bureau thereof.

(c) "Another" means a person or persons other than the accused.

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(d) "Conviction" includes a final judgment of conviction entered upon a verdict or finding of guilty of a crime or upon a plea of guilty.

(e) "Felony" means a crime punishable by death, or by imprison ment for life, or by imprisonment for more than 12 months.

(f) "Forcible felony" means any felony which involves the use or threat of physical force or violence against any person.
(g) "Misdemeanor" means any crime other than a felony.
(h) "Forcible misdemeanor" means any misdemeanor which in volves the use or threat of physical force or violence against any person.
(i) "Government" means the United States, the State, any political subdivision thereof, or any agency of the foregoing.
(j) "Owner" means a person who has a right to possession of prop erty which is superior to that of a person who takes, uses, obtains, or withholds it from him and which the person taking, using, obtaining or withholding is not privileged to infringe.
(k) "Peace officer" means any person who by virtue of his office or public employment is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all crimes or is limited to specific offenses.
(1) "Person" means an individual, a public or private corporation, an incorporated association, government, government agency, partner ship or unincorporated association.
(m) "Public place" means any place where the conduct involved may reasonably be expected to be viewed by people other than members of the actor's family or household.
(n) "Property" means anything of value, including, but not limited to, real estate, tangible and intangible personal property, contract rights, services, choses-in-action and other interests in or claims to wealth, admission or transportation tickets, captured or domestic animals, food and drink and electric or other power.
(o) "Prosecution" means all legal proceedings by which a person's liability for a crime is determined, commencing with the return of the indictment or the issuance of the information or accusation, and in cluding the final disposition of the case upon appeal.
(p) "Reasonable belief" means that the person concerned, acting as a reasonable man, believes that the described facts exist.
(q) "State" means the State of Georgia, and all land and water in respect to which the State of Georgia has either exclusive or concurrent jurisdiction, and the air space above such land and water.

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39

(r) "Without authority" means without legal right or privilege or without permission of a person legally entitled to withhold the right.

(s) "Without his consent" means that a person whose concurrence is required has not, with knowledge of the essential facts, voluntarily yielded to the proposal of the accused or of another.

CHAPTER 26-5. RIGHTS OP ACCUSED.

Sec. 26-501. Presumption of Innocence and Proof Beyond Reasonable
Doubt 26-502. Limitation of Prosecutions 26-503. Periods Excluded From Limitation 26-504. Extended Limitations 26-505. Included Crime 26-506. Multiple Prosecutions for Same Act 26-507. Effect of Former Prosecution

26-501. Presumption of Innocence and Proof Beyond Reasonable Doubt.

Every person is presumed innocent until proved guilty. No person shall be convicted of a crime unless each element of such crime is proved beyond a reasonable doubt.

26-502. Limitation of Prosecutions.

(a) A prosecution for murder may be commenced at anytime.

(b) Prosecution for other crimes punishable by death or life im prisonment must be commenced within seven years after the commission of the crime.

(c) Prosecution for felonies other than those specified in section 26-502(a) and (b) must be commenced within four years after the commission of the crime.

(d) Prosecution for misdemeanors must be commenced within two years after the commission of the crime.

26-503. Periods Excluded From Limitation.

The period within which a prosecution must be commenced under the provisions of section 26-502, or other applicable statute, does not include any period in which:
(a) The accused is not usually and publicly a resident within this State; or

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(b) The person committing the crime or the crimes is unknown; or

(c) The accused is a government officer or employee and the crime charged is theft by conversion of public property while such an officer or employee.

(d) The accused is a Guardian or Trustee and the crime charged is Theft by conversion of property of the ward or beneficiary.

26-504. Extended Limitations.

If the indictment is found within the time provided for in sections 26-502 or 26-503 or other applicable statute and is quashed or a nolle prosequi entered, the limitation shall be extended six months from the time the first indictment is quashed or the nolle prosequi entered.
26-505. Included Crime.
An accused may be convicted of a crime included in a crime charged in the indictment, information, or accusation. A crime is so included when:
(a) It is established by proof of the same or less than all the facts or a less culpable mental state than is required to establish the commis sion of the crime charged, or

(b) It differs from the crime charged only in the respect that a less serious injury or risk of injury to the same person, property, or public interest or a lesser kind of culpability suffices to establish its commis sion.

26-506. Multiple Prosecutions for Same Act.

(a) When the same conduct of an accused may establish the com mission of more than one crime, the accused may be prosecuted for each crime. He may not, however, be convicted of more than one crime if (1) one crime is included in the other, or (2) the crimes differ only in that one is defined to prohibit a designated kind of conduct generally and the other to prohibit a specific instance of such conduct.

(b) If the several crimes are known to the proper prosecuting offi cer at the time of commencing the prosecution and are within the juris diction of a single court, they must be prosecuted in a single prosecution, except as provided in subsection (c), if they are based on the same conduct.

(c) When two or more crimes are charged as required by subsection (b), the court in the interest of justice may order that one or more of such charges shall be tried separately.

26-507. Effect of Former Prosecution.

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41

(a) A prosecution is barred if the accused was formerly prosecuted for the same crime, based upon the same material facts, if such former prosecution

(1) resulted in either a conviction or an acquittal; or

(2) was terminated improperly after the jury was impaneled and sowrn or, in a trial before a court without a jury, after the first witness was sworn but before findings were rendered by the trier of facts, or after a plea of guilty was accepted by the court.

(b) A conviction of an included crime is an acquittal of the crime charged, whether or not such conviction has been reversed on appeal.

(c) A prosecution is barred if the accused was formerly prosecuted for a different crime, or for the same crime based upon different facts, if such former prosecution

(1) resulted in either a conviction or an acquittal, and the subse quent prosecution is for a crime of which the accused could have been convicted on the former prosecution; or was for a crime with which the accused should have been charged on the former prosecution (unless the court ordered a separate trial of such charge); or was for a crime
which involves the same conduct, unless each prosecution requires proof of a fact not required on the other prosecution, or the crime was not consummated when the former trial began; or

(2) was terminated improperly, and the subsequent prosecution is for a crime of which the accused could have been convicted if the former prosecution had not been terminated improperly.

(d) A prosecution is barred if the accused was formerly prosecuted in a District Court of the United States for a crime which is within the concurrent jurisdiction of this State if such former prosecution resulted in either a conviction or an acquittal, and the subsequent prosecution is for the same conduct, unless each prosecution requires proof of a fact not required in the other prosecution, or the crime was not con summated when the former trial began.

(e) A prosecution is not barred within the meaning of this section (1) if the former prosecution was before a court which lacked jurisdic tion over the accused or the crime; or (2) if subsequent proceedings resulted in the validation, setting aside, reversing, or vacating of the conviction, unless the accused was thereby adjudged not guilty or unless there was a finding that the evidence did not authorize the verdict.

(f) Termination under any of the following circumstances is not improper:

(1) The accused consents to the termination or waives, by motion to dismiss or other affirmative action, his right to object to the termi nation.

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(2) The trial court finds that the termination is necessary because (a) it is physically impossible to proceed with the trial; or (b) preju dicial conduct, in or outside the courtroom, makes it impossible to pro ceed with the trial without injustice to the defendant; or (c) the jury is unable to agree upon a verdict; or (d) false statements of a juror on voir dire prevent a fair trial.

CHAPTER 26.6. CRIMINAL ACT AND MENTAL STATE.

Sec. 26-601. Definition of Crime 26-602. Misfortune or Accident Not a Crime 26-603. Acts Presumed to be Wilful 26-604. Intention, How Manifested 26-605. Intention a Question of Fact 26-606. Presumption of Sanity

26-601. Definition of Crime.
A crime is a violation of a statute of this State in which there shall be a union or joint operation of act, or omission to act, and intention, or criminal negligence.

26-602. Misfortune or Accident Not a Crime.
A person shall not be found guilty of any crime committed by mis fortune or accident where it satisfactorily appears there was no criminal scheme or undertaking, or intention, or criminal negligence.

26-603. Acts Presumed to be Wilful.
The acts of a person of sound mind and discretion are presumed to be the product of the person's will, but the presumption may be rebutted.

26-604. Intention, How Manifested.
Intention may be manifested by the circumstances connected with the perpetration of the crime, and the sound mind and discretion of the accused.

26-605. Intention a Question of Fact.
A person will not be presumed to act with criminal intention, but the trier of facts may find such intention upon consideration of the words, conduct, demeanor, motive, and all other circumstances connected with the act for which the accused is prosecuted.

26-606. Presumption of Sanity.
Every person is presumed to be of sound mind but the presumption may be rebutted.

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CHAPTER 26-7. RESPONSIBILITY.

Sec. 26-701. Minimum Age. 26-702. Mental Capacity; Insanity 26-703. Same; Delusion 26-704. Same; Intoxication

26-701. Minimum Age.
A person shall not be considered or found guilty of a crime unless he has attained the age of 13 years at the time of the act, omission, or negligence constituting the crime.

26-702. Mental Capacity; Insanity.
A person shall not be found guilty of a crime, if at the time of the act, omission, or negligence constituting the crime, such person did not have the mental capacity to distinguish between right and wrong in relation to such act, omission, or negligence.

26-703. Same; Delusion.
A person shall not be found guilty of a crime when at the time of the act, omission, or negligence constituting the crime, such person acted as he did because of a delusional compulsion as to such act which over mastered his will to resist committing the crime.

26-704. Same; Intoxication.
A person shall not be found guilty of a crime when at the time of the act, omission, or negligence constituting the crime, such person, be cause of involuntary intoxication, did not have sufficient mental capacity to distinguish between right and wrong in relation to such act. Involun tary intoxication means intoxication caused by the coercion, fraud, arti fice, or contrivance of another person. Voluntarily intoxication shall not be an excuse for any criminal act or omission.

CHAPTER 26-8. PARTIES TO CRIME.

Sec.
26-801. Parties to Crime; Punishment
26-802. Trial and Conviction of Parties Who Did Not Directly Commit the Crime
26-803. Criminal Responsibility of Corporations

26-801. Parties to Crime; Punishment.
(a) Every person concerned in the commission of a crime is a party thereto and may be charged with and convicted of commission of the crime.

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(b) A person is concerned in the commission of a crime only if he: (1) directly commits the crime; or (2) intentionally causes some other person to commit the crime under such cricumstances that the other person is not guilty of any crime either in fact or because of legal in capacity; or (3) intentionally aids or abets in the commission of the crime; or (4) intentionally advises, encourages, hires, counsels, or pro
cures another to commit the crime.

26-802. Trial and Conviction of Parties Who Did Not Directly Commit the Crime.

Any party to a crime who did not directly commit the crime may be indicted, tried, convicted, and punished for commission of the crime upon proof that the crime was committed and that he was a party thereto, although the person claimed to have directly committed the crime has not been prosecuted or convicted, or has been convicted of a different crime or degree of crime, or is not amenable to justice or has been acquitted.

26-803. Criminal Responsibility of Corporations.

(a) A corporation may be prosecuted for the commission of a crime if, but only if:

(1) The crime is defined by a statute which clearly indicates a legislative purpose to impose liability on a corporation, and an agent of the corporation performs the conduct which is an element of the crime while acting within the scope of his office or employment and in behalf of the corporation; or

(2) The commission of the crime is authorized, requested, com manded, performed, or recklessly tolerated by the board of directors or by a managerial official who is acting within the scope of his employ ment in behalf of the corporation.

(b) For the purposes of this section:

(1) "Agent" means any director, officer, servant, employee, or other person who is authorized to act in behalf of the corporation.

(2) "Managerial official" means an officer of the corporation, or any other agent who has a position of comparable authority for the formulation of corporate policy or the supervision of subordinate em ployees.

CHAPTER 26-9. DEFENSES TO CRIMINAL LIABILITY. Sec. 26-901. Justification as a Defense 26-902. Use of Force in Defense of Self or Others

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26-903. Use of Force in Defense of Habitation

26-904. Use of Force in Defense of Property

26-905. Entrapment as a Defense

26-906. Coercion as a Defense

26-907. Affirmative Defenses

26-901. Justification as a Defense.

The fact that a person's conduct is justified is a defense to prosecu tion for any crime based on that conduct. The defense of justification can be claimed:

(a) When the person's conduct is justified under sections 26-902, 26-903, 26-904, 26-905 and 26-906 of this Chapter; or

(b) When the person's conduct is in reasonable fulfillment of his duties as a government officer or employee; or

(c) When the person's conduct is reasonable discipline of a minor by his parent or a person in loco parentis; or

(d) When the person's conduct is reasonable and is performed in the course of making a lawful arrest; or

(e) When the person's conduct is justified for any other reason under the laws of this State; or

(f) In all other instances which stand upon the same footing of reason and justice as those enumerated in this Chapter.

26-902, Use of Force in Defense of Self or Others.

(a) A person is justified in threatening or using force against an other when and to the extent that he reasonably believes that such threat or force is necessary to defend himself or a third person against such other's imminent use of unlawful force. However, a person is justified in using force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent death or great bodily injury to himself or a third person, or the commission of a felony.
(b) A person is not justified in using force under the circumstances specified in paragraph (a) of this section if he: (1) initially provokes the use of force against himself with the intent to use such force as an excuse to inflict bodily harm upon the assailant; or (2) is attempting to commit, committing, or fleeing after the commission or attempted commission of a felony; or (3) was the initial aggressor or was engaged in a combat by agreement, unless he withdraws from the encounter and

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effectively communicates to such other person his intent to do so and the other notwithstanding continues or threatens to continue the use of unlawful force.

26-903. Use of Force in Defense of Habitation.

A person is justified in threatening or using force against another when and to the extent that he reasonably believes that such threat or force is necessary to prevent or terminate such other's unlawful entry into or attack upon a habitation. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm
only if:

(a) The entry is made or attempted in a violent and tumultuous manner or he reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person dwelling or being therein and that such force is necessary to prevent the assault or offer of personal violence; or
(b) He reasonably believes that the entry is made or attempted for the purpose of committing a felony therein and that such force is neces sary to prevent the commission of the felony.

26-904. Use of Force in Defense of Property.

(a) A person is justified in threatening or using force against an other when and to the extent that he reasonably believes that such threat or force is necessary to prevent or terminate such other's trespass on or other tortious or criminal interference with real property (other than a habitation) or personal property: (1) lawfully in his possession, or (2) lawfully in the possession of a member of his immediate family, or (3) belonging to a person whose property he has a legal duty to protect.

(b) The use of force which is intended or likely to cause death or great bodily harm to prevent trespass on or other tortious or criminal interference with real property (other than a habitation) or personal property is not justified unless the person using such force reasonably believes that it is necessary to prevent the commission of a forcible
felony.

26-905. Entrapment as a Defense.

A person is not guilty of a crime, if, by entrapment, his conduct is induced or solicited by a government officer or employee, or agent of either, for the purpose of obtaining evidence to be used in prosecuting the person for commission of the crime. Entrapment exists where the idea and intention of the commission of a crime originates with a government officer or employee, or with an agent of either, and he, by undue persuasion, incitement, or deceitful means, induces the accused to commit the act which the accused would not have committed except for the conduct of such officer.

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26-906. Coercion as a Defense.
A person is not guilty of a crime, except murder, if the act upon which the supposed criminal liability is based is performed under such coercion that the person reasonably believes that performing the act is the only way to prevent his imminent death or great bodily injury.

26-907. Affirmative Defenses.
A defense based upon any of the provisions of this Chapter is an affirmative defense.
CHAPTER 26-10. ATTEMPTS.

Sec. 26-1001. Criminal Attempt 26-1002. Impossibility No Defense 26-1003. Attempt to Commit a Crime; Defense 26-1004. Criminal Attempt Conviction Lawful Though Crime Was
Committed 26-1005. Charge of Crime Includes Criminal Attempt

26-1006. Punishment

26-1001. Criminal Attempt.
A person commits criminal attempt when, with intent to commit a specific crime, he performs any act which constitutes a substantial step toward the commission of that crime.

26-1002. Impossibility No Defense.
It is no defense to a charge of criminal attempt that the crime the accused is charged with attempting was, under the attendant circum stances, factually or legally impossible of commission if such crime could have been committed had the attendant circumstances been as the accused believed them to be.

26-1003. Attempt to Commit a Crime; Defense.
When a person's conduct would otherwise constitute an attempt to commit a crime under section 26-1001, it is an affirmative defense that he abandoned his effort to commit such crime or in any other manner prevented its commission, under circumstances manifesting a voluntary and complete renunciation of his criminal purpose. A renunciation of criminal purpose is not voluntary and complete if it results from:

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(a) A belief that circumstances exist which increase the probability of detection or apprehension of the person, or which render more difficult the accomplishment of the criminal purpose; or

(b) A decision to postpone the criminal conduct until another time.

26-1004. Criminal Attempt Conviction Lawful Though Crime Was Committed.

A person may be convicted of criminal attempt if the crime at tempted was actually committed in pursuance of the attempt but may not be convicted of both the criminal attempt and the completed crime.

26-1005. Charge of Crime Includes Criminal Attempt.

A person charged with commission of a crime may be convicted of criminal attempt as to that crime without being specifically charged with the criminal attempt in the accusation, indictment, or presentment.

26-1006. Punishment.

A person convicted of criminal attempt to commit a felony shall be punished by imprisonment for not less than one year nor more than one-half the maximum period of time for which he could have been sentenced if he had been convicted of the crime attempted, by one-half the maximum fine to which he could have been subjected if he had been convicted of the crime attempted, or both. A person convicted of criminal attempt to commit a misdemeanor shall be punished as for a misdemeanor. A person convicted of criminal attempt to commit a crime punishable by death or by life imprisonment shall be punished by im prisonment for not less than one year nor more than 10 years.

CHAPTER 26-11. CRIMINAL HOMICIDE
Sec.
26-1101. Murder.
26-1102. Voluntary Manslaughter
26-1103. Involuntary Manslaughter
26-1104. Concealing Death
26-1101. Murder.
A person commits murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being. Express malice is that deliberate intention unlawfully to take away the life of a fellow creature, which is manifested by external circumstances capable of proof. Malice shall be implied where no con-

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49

siderable provocation appears, and where all the circumstances of the killing show an abandoned and malignant heart. A person convicted of murder shall be punished by death or by imprisonment for life.

26-1102. Voluntary Manslaughter.

A person commits voluntary manslaughter when he causes the death of another human being under circumstances which would otherwise be murder if he acts solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person; for if there should have been an interval between the provocation and the killing sufficient for the voice of reason and humanity to be heard, of which the jury in all cases shall be the judge, the killing shall be attributed to deliberate revenge and be pun ished as murder. A person convicted of voluntary manslaughter shall be punished by imprisonment for not less than one nor more than 20 years.

26-1103. Involuntary Manslaughter.

A person commits involuntary manslaughter when he causes the death of another human being without any intention to do so if he causes the death by the commission of any act, lawful or unlawful, in a manner likely to cause death or great bodily harm, but under circum stances not amounting to murder or voluntary manslaughter; provided that where the killing shall happen in the commission of a felony, the
offense shall be deemed and adjudged to be murder. A person convicted of involuntary manslaughter shall be punished by imprisonment for not less than one nor more than five years.

26-1104. Concealing Death.

A person commits concealing death when he, by concealing the death of any other person, hinders a discovery of whether or not such person was unlawfully killed, and upon conviction shall be punished as for a misdemeanor.
CHAPTER 26-12. ABORTION

Sec. 26-1201. Criminal Abortion 26-1202. Exception 26-1203. Opinions

26-1204. Punishment

26-1201. Criminal Abortion.

Except as hereinafter provided, a person commits criminal abortion when he administers any medicine, drug, or other substance whatever

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to any woman or when he uses any instrument or other means whatever upon any woman with intent to produce a miscarriage or abortion. It shall be necessary in order to commit criminal abortion that the woman be pregnant and that a termination of the pregnancy in fact be accom plished.

26-1202. Exception.

Nothing in this chapter shall be construed to prohibit any thera peutic abortion performed by a physician duly licensed under Code Chapter 84-9 in accordance with his best clinical judgment and accepted medical practice in the area which he serves provided said abortion is performed in a hospital or other medical institution licensed by the State Board of Health and provided that, in the written opinion of at least two such licensed physicians other than himself, such opinions to be based on a personal medical examination of the woman and to be filed in advance of the performance of the abortion with such hospital or other medical institution, the abortion is medically advisable because:

(a) A continuance of the pregnancy would endanger the life or would probably seriously impair the physical or mental health of the pregnant woman; or

(b) The fetus might reasonably be expected to be born with a grave and irremediable mental or physical defect.
26-1203. Opinions.

Copies of the written opinions required by section 26-1202 shall be filed and furnished by the hospital or other medical institution to the solicitor general of the judicial circuit in which the hospital or other medical institution is located upon his written request therefor.

26-1204. Punishment.

A person convicted of criminal abortion shall be punished by im prisonment for not less than one nor more than 10 years.

CHAPTER 26-13. BODILY INJURY AND RELATED OFFENSES.

Sec.

26-1301. Simple Assault

26-1302. Aggravated Assault

26-1303. Assault Conviction Lawful Though Intended Crime Was Committed

26-1304. Simple Battery

26-1305. Aggravated Battery

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51

26-1306. Opprobrious or Abusive Language May Be Justification

26-1307. Terroristic Threats

26-1308. False Imprisonment

26-1309. False Imprisonment Under Color of Legal Process

26-1310. Malicious Imprisonment of Sane Person

26-1311. Kidnapping

26-1312. Interference With Custody

26-1301. Simple Assault.

A person commits simple assault when he either (a) attempts to commit a violent injury to the person of another or (b) commits an act which places another in reasonable apprehension of immediately re ceiving a violent injury. A person convicted of simple assault shall be punished as for a misdemeanor.

26-1302. Aggravated Assault.

A person commits aggrevated assault when he assaults (a) with intent to murder, to rape, or to rob, or (b) with a deadly weapon. A person convicted of aggravated assault shall be punished by imprison ment for not less than one nor more than 10 years.

26-1303. Assault Conviction Lawful Though Intended Crime was Committed.

A person may be convicted of an assault with intent to commit a crime if the crime intended was actually committed as a result of the assault but may not be convicted of both the assault and completed crime.

26-1304. Simple Battery.

A person commits simple battery when he either (a) intentionally makes physical contact of an insulting or provoking nature with the person of another or (b) intentionally causes physical harm to another. A person convicted of simple battery shall be punished as for a mis demeanor.

26-1305. Aggravated Battery.

A person commits aggravated battery when he maliciously causes bodily harm to another which results in permanent disability or dis figurement. A person convicted of aggravated battery shall be punished by imprisonment for not less than one nor more than 20 years.

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26-1306. Opprobrious or Abusive Language May Be Justification.

A person charged with assault or battery may introduce in evidence any opprobrious or abusive language used by the person against whom force was threatened or used and the trier of facts may, in its discretion, find that the words used were justification for simple assault or simple battery.

26-1307. Terroristic Threats.

A person commits a terroristic threat when he threatens to commit any crime of violence, or to burn or damage property, with the purpose of terrorizing another, or of causing the evacuation of a building, place of assembly, or facility of public transportation, or otherwise causing serious public inconvenience, or in reckless disregard of the risk of caus ing such terror or inconvenience. No person shall be convicted under this section on the uncorroborated testimony of the party to whom the threat is communicated. A person convicted of making a terroristic threat shall be punished by fine of not more than $1,000, or by imprison ment for not less than one nor more than 10 years, or by both.

26-1308. False Imprisonment.

A person commits false imprisonment when, in violation of the per sonal liberty of another, he arrests, confines, or detains such person without sufficient legal authority. A person convicted of false imprison ment shall be punished by imprisonment for not less than one nor more than 10 years.

26-1309. False Imprisonment Under Color of Legal Process.
When the arrest, confinement, or detention of a person by warrant, mandate, or process is manifestly illegal and shows malice and oppres sion, an officer issuing or knowingly and maliciously executing the same shall, upon conviction, be removed from office and punished by imprisonment for not less than one nor more than 10 years.

26-1310. Malicious Imprisonment of Sane Person.
A person who maliciously causes the imprisonment of a sane person, knowing such person to be sane, in any asylum, public or private, shall upon conviction be punished by imprisonment for not less than one nor more than 10 years.

26-1311. Kidnapping.
(a) A person commits kidnapping when he abducts or steals away any person without lawful authority or warrant and holds such person against his will.
(b) A person commits kidnapping when he forcibly, maliciously, or fraudulently leads, takes, or carries away, or decoys or entices away,

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53

any child under the age of 16 years against the will of the child's parents or other person having lawful custody.

A person convicted of kidnapping shall be punished by imprisonment for not less than one nor more than 20 years: provided that a person convicted of kidnapping for ransom shall be punished by life imprison ment or by death; and provided, further, that if the person kidnapped shall have received bodily injury, the person convicted shall be punished by life imprisonment or by death.

26-1312. Interference with Custody.

A person commits interference with custody when he knowingly or recklessly takes or entices any committed person away from lawful cus tody when he is not privileged to do so, or knowingly harbors any committed person who has absconded, and upon conviction shall be pun ished as for a misdemeanor, or if he takes a committed person beyond the limits of this State, he shall be punished by imprisonment for not less than one nor more than five years.

"Committed person" means, in addition to anyone committed or whose custody is awarded under judicial warrant or court order, any orphan, neglected, or delinquent child, mentally defective or insane person, or other dependent or incompetent person entrusted to another's custody by authority of law.

CHAPTER 26-14. ARSON AND RELATED OFFENSES.

Sec.
26-1401. Arson in the First Degree
26-1402. Arson in the Second Degree
26-1403. Arson in the Third Degree
26-1404. Criminal Possession of Explosives
26-1401. Arson in the First Degree.
A person commits arson in the first degree when, by means of fire or explosive, he knowingly damages: (a) any dwelling house of an other without his consent whether it is occupied, unoccupied, or vacant, or (b) any building, vehicle, railroad car, watercraft, or other structure of another without his consent if such structure is designed for use as a dwelling, whether it is occupied, unoccupied or vacant, or (c) any building or other structure under such circumstances that it is reason ably foreseeable that human life might be endangered. A person con victed of arson in the first degree shall be punished by imprisonment for not less than one nor more than 20 years.

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26-1402. Arson in the Second Degree.

A person commits arson in the second degree as to any buildings and structures not included or described in section 26-1401 when, by means of fire or explosive, he knowingly damages any building or struc ture of another without his consent. A person convicted of arson in the second degree shall be punished by imprisonment for not less than one nor more than 10 years.

26-1403. Arson in the Third Degree.

A person commits arson in the third degree when, by means of fire or explosive, he knowingly damages any personal property of another without his consent and the value of the property is $25 or more. A person convicted of arson in the third degree shall be punished by im prisonment for not less than one nor more than three years.

26-1404. Criminal Possession of Explosives.

A person commits criminal possession of explosives when he pos sesses, manufactures, or transports any explosive compound and either intends to use such explosive to commit a felony or knows that another intends to use such explosive to commit a felony. A person convicted of criminal possession of explosives shall be punished by imprisonment for not less than one nor more than 10 years.

CHAPTER 26-15. CRIMINAL DAMAGE TO PROPERTY.
Sec.
26-1501. Criminal Damage to Property in the First Degree
26-1502. Criminal Damage to Property in the Second Degree
26-1503. Criminal Trespass
26-1504. Criminal Trespass to Vehicles
26-1505. Damaging, Destroying, or Secreting Property to Defraud Another
26-1506. Vandalism to a Place of Worship
26-1501. Criminal Damage to Property in the First Degree.
A person commits criminal damage to property in the first degree when he: (a) knowingly and without authority interferes with public communication, public transportation, sewerage system, supply of water, gas or power, or other public utility service; or (b) knowingly and without authority interferes with any property in a manner so as to endanger human life; or (c) knowingly and without authority destroys

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any property of another person. A person convicted of criminal damage to property in the first degree shall be punished by imprisonment for not less than one nor more than 10 years.

26-1502. Criminal Damage to Property in the Second Degree.
A person commits criminal damage to property in the second de gree when he (a) intentionally damages any property of another person without his consent; or (b) recklessly, or intentionally, by means of fire or explosive, damages property of another person; or (c) with intent to damage starts a fire on the land of another person without his con sent; or (d) knowingly and maliciously interferes with the possession or use of the property of another person without his consent. A person convicted of criminal damage to property in the second degree shall be punished by imprisonment for not less than one nor more than 5 years.

26-1503. Criminal Trespass.
(a) A person commits criminal trespass when he knowingly:
(1) Enters upon the land or premises of another person for an unlawful purpose; or
(2) Enters upon the land or premises of another person after re ceiving, prior to such entry, notice from the owner or rightful occupant that such entry is forbidden; or
(3) Remains upon the land or premises of another person after receiving notice from the owner or rightful occupant to depart.

(b) A person has received notice from the owner or rightful occu pant within the meaning of sub-section (a) if he has been notified personally, either orally or in writing, or if a printed or written notice forbidding such entry is conspicuously posted or exhibited at least once every 1,000 feet so that it is visible from the outside boundary of such property.

(c) A person convicted of criminal trespass shall be punished as for a misdemeanor.
26-1504. Criminal Trespass to Vehicles.
A person commits criminal trespass to vehicles when he knowingly and without authority enters any part of any vehicle, railroad car, air craft, or watercraft of another person. A person convicted of criminal trespass to vehicles shall be punished as for a misdemeanor.
26-1505. Damaging, Destroying, or Secreting Property to Defraud Another.
A person commits the offense of damaging, destroying, or secreting property to defraud another person when he knowingly and with intent

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to defraud another person damages, destroys or secretes any property of whatever class or character, whether the property of himself or of another person. A person convicted of the offense of damaging, destroy ing, or secreting property to defraud another person shall be punished by imprisonment for not less than one nor more than five years.

26-1506. Vandalism to a Place of Worship.

A person commits the offense of vandalism to a place of worship when he maliciously defaces or desecrates a church, synagogue or other place of public religious worship. A person convicted of vandalism to a place of worship shall be punished by imprisonment for not less than one nor more than five years.

CHAPTER 26-16. BURGLARY AND RELATED OPPENSES.

Sec.

26-1601. Burglary

26-1602. Manufacture, Sale or Possession of Tools Used in Com mission of Crime

26-1601. Burglary.

A person commits burglary when, without authority and with the intent to commit a felony or theft therein, he enters or remains within the dwelling house of another or any building, vehicle, railroad car, watercraft, or other such structure designed for use as the dwelling of another, or enters or remains within any other building or any room or any part thereof. A person convicted of burglary shall be punished by imprisonment for not less than one nor more than 20 years.

26-1602. Manufacture, Sale or Possesion of Tools Used in Commission of Crime.

A person who sells, makes or mends, or causes to be sold, made or mended, or offers or advertises to make, sell or mend, or has in his possession any key, tool, instrument, device, or explosive, or plans or instruction for making or assembling any of the same, adapted, designed, or commonly used for the commission of burglary, theft, or other crime, under circumstances evincing an intent to use or employ, or allow the same to be used or employed in the commission of a crime, or knowing that the same is intended to be so used, is guilty of the possession of tools used in the commission of crime. A person convicted of possession of tools used in the commission of crime shall be punished by imprison ment for not less than one nor more than five years.
CHAPTER 26-17. DECEPTIVE PRACTICES.
Sec.
26-1701. Forgery

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26-1702. Bad Checks

26-1703. Improper Use of a Credit Card

26-1704. Deceptive Business Practice

26-1705. Endangering Security Interest

26-1701. Forgery.

A person commits forgery when, with intent to defraud, he know ingly: (a) makes or alters any writing in a fictitious name or in such manner that the writing as made or altered purports to have been made by another person or at another time, or with different provisions, or by authority of one who did not give such authority; or (b) possesses, utters, or delivers such writing knowing it to have been thus made or altered.

"Intent to defraud" means an intention to fraudulently cause an other to assume, create, transfer, alter, or terminate any right, obliga tion, or power with reference to any person or property.
"Writing" includes, but is not limited to, printing or any other method of recording information, money, coins, tokens, stamps, seals, credit cards, badges, trade-marks, and other symbols of value, right, privilege, or identification.

A person convicted of forgery shall be punished by imprisonment for not less than one nor more than 10 years.

26-1702. Bad Checks.
A person who 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, commits a misdemeanor. For the purposes of this section, it is prima facie evidence that the accused knew that the instrument would not be honored, if:

(a) The accused had no account with the drawee at the time the instrument was made, drawn, uttered, or delivered; or

(b) Payment was refused by the drawee for lack of funds, upon presentation within 30 days after delivery and the accused failed to make good within 10 days after receiving notice of that refusal.

26-1703. Improper Use Of a Credit Card.

A person commits improper use of a credit card when for the pur
pose of obtaining credit, he knowingly uses: (a) a credit card which has not been issued to him and which is not used with the consent of the person to whom issued; or (b) a credit card which has been revoked or cancelled by the issuer of such card and written notice thereof has

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been given to the person to whom the card was issued; or (c) a credit card which has expired.

A person convicted of improper use of a credit card shall be punished as for a misdemeanor unless the credit so obtained exceeds $100.00 in which case he shall be punished by imprisonment for not less than one nor more than five years.

"Credit card" as used in this section means an identification card, credit number, credit device, or other credit document issued to a person by a business organization which permits such person to purchase or obtain goods, property, or service on credit.

The presentation of an expired or revoked credit card for the pur pose of obtaining credit shall be prima facie evidence of knowledge that the credit card had expired or had been revoked, if the purchaser shall not have paid to the issued of the credit card the total amount of the credit purchase within 10 days after receiving written notice that such credit card had expired or had been revoked at the time the purchase was made, which notice shall also state the amount due on such pur chase.

26-1704. Deceptive Business Practice.

A person commits a deceptive business practice when in the regu lar course of business he knowingly: (a) uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity; or (b) sells, offers, or exposes for sale, or delivers less than the represented quantity of any commodity; or (c) takes or attempts to take more than the represented quantity of any commodity when as buyer he furnishes the weight or measure. A person convicted of committing a deceptive business practice shall be punished as for a misdemeanor.

26-1705. Endangering Security Interest.

A person commits a misdemeanor when he destroys, removes, con ceals, encumbers, transfers, or otherwise deals with property subject to a security interest with intent to hinder enforcement of that interest. In a prosecution under this section the crime shall be considered as having been committed in any county where any act in furtherance of the criminal scheme was done, or caused to be done.

CHAPTER 26-18. THEFT. Sec. 26-1801. Definitions 26-1802. Theft by Taking 26-1803. Theft by Deception

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26-1804. Theft by Extortion

26-1805. Theft of Lost or Mislaid Property

26-1806. Theft by Receiving Stolen Property

26-1807. Theft of Services

26-1808. Theft by Conversion

26-1809. Theft of a Trade Secret

26-1810. Claim of Right

26-1811. Venue

28-1812. Punishment

26-1801. Definitions.

As used in this Chapter:

(a) "Deprive" means, without justification: (1) to withhold prop erty of another permanently or temporarily; or (2) to dispose of the property so as to make it unlikely that the owner will recover it.

(b) "Financial institution" means a bank, insurance company, credit union, building and loan association, investment trust, or other organiza tion held out to the public as a place of deposit of funds or medium of savings or collective investment.

(c) "Property of another" includes property in which any person other than the accused has an interest. "Property of another" does not include property belonging to the spouse of an accused or to them jointly.

26-1802. Theft by Taking.

A person commits theft by taking when he unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of said property, regard less of the manner in which said property is taken or appropriated.

26-1803. Theft by Deception.

A person commits theft by deception when he obtains property by any deceitful means or artful practice with the intention of depriving the owner of said property.

A person deceives if he intentionally:

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(a) Creates or confirms another's impression of an existing fact or past event which is false and which the accused knows or believes to be false; or

(b) Fails to correct a false impression of an existing fact or past event which he has previously created or confirmed; or

(c) Prevents another from acquiring information pertinent to the disposition of the property involved; or

(d) Sells or otherwise transfers or encumbers property, intention ally failing to disclose a known lien, adverse claim, or other legal im pediment of the enjoyment of the property, whether such impediment is or is not valid, or is or is not a matter of official record; or

(e) Promises performance of services which he does not intend to perform or knows will not be performed. Evidence of failure to perform standing alone shall not be sufficient to authorize a conviction under this subsection.

"Deceitful means" and "artful practice" do not, however, include falsity as to matters having no pecuniary significance, or puffing by statements unlikely to deceive ordinary persons in the group addressed.

26-1804. Theft by Extortion.

(a) A person commits theft by extortion when he unlawfully obtains property of or from another person by threatening to:

(1) Inflict bodily injury on anyone or commit any other criminal offense; or

(2) Accuse anyone of a criminal offense; or

(3) Disseminate any information tending to subject any person to hatred, contempt, or ridicule, or to impair his credit or business repute;

(4) Take or withhold action as a public official, or cause an official to take or withhold action; or
(5) Bring about or continue a strike, boycott, or other collective unofficial action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act; or
(6) Testify or provide information or withhold testimony or in formation with respect to another's legal claim or defense.
(b) Venue. In a prosecution under this section the crime shall be considered as having been committed in the county in which the threat was made or received or in the county in which the property was un lawfully obtained.

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61

(c) It is an affirmative defense to prosecution based on paragraphs (2), (3), (4), or (6) that the property obtained by threat of accusation, exposure, lawsuit, or other invocation of official action was honestly claimed as restitution or indemnification for harm done in the circum stance to which such accusation, exposure, lawsuit, or other official action relates, or as compensation for property or lawful services.

(d) A person convicted of extortion shall be punished by imprison ment for not less than one nor more than 10 years.

26-1805. Theft of Lost or Mislaid Property.

A person commits theft of lost or mislaid property when he comes into control of property that he knows, or learns, to have been lost or mislaid and appropriates the property to his own use without first taking reasonable measures to restore the property to the owner.

26-1806. Theft by Receiving Stolen Property.

(a) Receiving. A person commits theft by receiving stolen property when he receives, disposes of, or retains stolen property which he knows or should know was stolen. It shall be an affirmative defense that such property is received, disposed of, or retained with intent to restore it to the owner. "Receiving" means acquiring possession or control or lend ing on the security of the property.

(b) Prosecution. In any prosecution under this section it shall not be necessary to show a conviction of the principal thief.

26-1807. Theft of Services.

A person commits theft of services when by deception, threat, fraudulent device or method, false token, or fraudulent check he know ingly obtains services which are available only for compensation. "Serv ices" includes, but is not limited to, labor, professional services, hospital service, telephone, or other public service, accommodation in hotels, restaurants, or elsewhere, admission to exhibitions, or use of vehicles, railroad cars, watercraft, aircraft, or other movable propety. Where compensation for service is ordinarily paid immediately upon the ren dering of such service, as in the case of hotels and restaurants, refusal to pay or absconding without payment or offer to pay gives rise to a presumption that the service was obtained by deception as to intention to pay.
26-1808. Theft by Conversion.
A person commits theft by conversion when he obtains funds or other property upon agreement, or subject to a known legal obligation, to make specified payment of such funds or other disposition of such property and knowingly converts the funds or property to his own use in violation of his agreement or of a legal obligation. This section applies whether the payment or disposition is to be made from such funds or property or its proceeds or from the accused's own funds or property in equivalent amount.

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An officer or employee of the government or of a financial insti tution is presumed: (a) to know any legal obligation relevant to his criminal liability under this section, and (b) to have converted the funds or property to his own use if he fails to pay or account upon lawful demand.
26-1809. Theft of a Trade Secret.
(a) As used in this Section:
(1) The word "article" means any object, material, device or sub stance or copy thereof, including any writing, record, recording, drawing, sample, specimen, prototype, model, photograph, micro-organism, blue print or map.
(2) The word "representing" means describing, depicting, contain ing, constituting, reflecting or recording.
(3) The term "trade secret" means the whole or any portion or phase of any scientific or technical information, design, process, pro cedure, formula or improvement which is secret and of value; and a trade secret shall be presumed to be secret when the owner thereof takes measures to prevent it from becoming available to persons other than those selected by the owner to have access thereto for limited purposes.
(4) The word "copy" means any facsimile, replica, photograph or other reproduction of an article, and any note, drawing or sketch made of or from an article.
(b) Any person who:

(1) Steals or embezzles an article representing a trade secret, or

(2) Without authority makes or causes to be made a copy of an article representing a trade secret, with intent to deprive or withhold
from the owner thereof the control of a trade secret, or with an intent to appropriate a trade secret to his own use or to the use of another, shall be guilty of theft of a trade secret and upon conviction shall be punished by imprisonment for not less than one nor more than ten years; provided that if the value of the article stolen, embezzled or copied, in cluding the value of the trade secret represented thereby is not more than $100 he shall be punished as for a misdemeanor.

(c) In a prosecution for any violation of the provisions of this Sec tion it shall be no defense that the person so charged returned or in tended to return the article so stolen, embezzled or copied.

26-1810. Claim of Right.

It is an affirmative defense to prosecution for violation of sections 26-1802, 26-1803, 26-1805, 26-1806, 26-1807 and 26-1808 that the actor:

(a) Was unaware that the property or service was that of an other; or

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63

(b) Acted under an honest claim of right to the property or service involved or under a right to acquire or dispose of it as he did; or

(c) Took property or service exposed for sale, intending to purchase and pay for it promptly, or reasonably believing that the owner, if present, would have consented.

26-1811. Venue.

In a prosecution under sections 26-1802, 26-1803, 26-1805, 26-1806, 26-1807, 26-1808 and 26-1809 of this chapter the crime shall be considered as having been committed in any county in which the accused exercised control over the property which was the subject of the theft.

26-1812. Punishment.

A person convicted of violation of sections 26-1802, 26-1803, 26-1805, 26-1806, 26-1807 and 26-1808 shall be punished as for a misdemeanor except:

(a) If the property which was the subject of the theft exceeded $100.00 in value, or was an automobile or other motor vehicle, by im prisonment for not less than one and not more than 10 years, or, in the discretion of the trial judge, as for a misdemeanor;

(b) If the property was taken by a fiduciary in breach of a fiduciary obligation, or by an officer or employee of a government or a financial institution in breach of his duties as such officer or employee, by im prisonment for not less than one nor more than 15 years.

CHAPTER 26-19. ROBBERY.

Sec.

26-1901. Robbery

26-1902. Armed Robbery

26-1901. Robbery.

A person commits robbery when, with intent to commit theft, he takes property of another from the person or the immediate presence of another (a) by use of force; or (b) by intimidation by the use of threat or coercion or by placing such person in fear of immediate serious bodily injury to himself or to another; or (c) by sudden snatching. A person convicted of robbery shall be punished by imprisonment for not less than one nor more than 20 years.

26-1902. Armed Robbery.

A person commits armed robbery when, with intent to commit theft, he takes property of another from the person or the immediate presence

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of another by the use of an offensive weapon or a replica, article, or device having the appearance of such a weapon. A person convicted of armed robbery shall be punished by death or by imprisonment for life, or by imprisonment for not less than one nor more than 20 years.

CHAPTER 26-20. SEXUAL OFFENSES.
Sec. 26-2001. Rape 26-2002. Sodomy; Aggravated Sodomy 26-2003. Solicitation of Sodomy 26-2004. Bestiality 26-2005. Seduction 26-2006. Incest 26-2007. Bigamy 26-2008. Marrying a Bigamist 26-2009. Adultery 26-2010. Fornication 26-2011. Public Indecency 26-2012. Prostitution 26-2013. Pimping 26-2014. Keeping a Place of Prostitution 26-2015. Punishment 26-2016. Pandering 26-2017. Pandering by Compulsion 26-2018. Statutory Rape 26-2019. Child Molestation 26-2020. Enticing a Child for Indecent Purposes

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26-2001. Rape.

A person commits rape when he has carnal knowledge of a female, forcibly and against her will. Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ. A person convicted of rape shall be punished by death or by imprison ment for life, or by imprisonment for not less than one nor more than 20 years. No conviction shall be had for rape on the unsupported testi mony of the female.
26-2002. Sodomy; Aggravated Sodomy.
A person commits sodomy when he performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another. A person commits aggravated sodomy when he commits sodomy with force and against the will of the other person. A person convicted of sodomy shall be punished by imprisonment for not less than one nor more than 20 years. A person convicted of aggravated sodomy shall be punished by imprisonment for life or by imprisonment for not less than one nor more than 20 years.

26-2003. Solicitation of Sodomy.

A person commits solicitation of sodomy when he solicits another to perform or submit to an act of sodomy and upon conviction shall be punished as for a misdemeanor.
26-2004. Bestiality.
A person commits bestiality when he performs or submits to any sexual act with an animal involving the sex organs of the one and the mouth, anus, or vagina of the other. A person convicted of bestiality shall be punished by imprisonment for not less than one nor more than five years.
26-2005. Seduction.
A person commits seduction when he, by persuasion and by false promise of marriage or other false and fraudulent means, induces a virtuous unmarried female to engage in sexual intercourse with him. A person convicted of seduction shall be punished by imprisonment for not less than one nor more than five years.
26-2006. Incest.
A person commits incest when he engages in sexual intercourse with a person to whom he knows he is related, either by blood or by marriage as follows: (a) father and daughter or stepdaughter; (b) mother and son or stepson; (c) brother and sister of the whole blood or of the half blood; (d) grandparent and grandchild; (e) aunt and nephew; or (f) uncle and niece. A person convicted of incest shall be punished by imprisonment for not less than one nor more than 20 years.
26-2007. Bigamy.
A person commits bigamy when he, being married and knowing that his lawful spouse is living, marries another person or carries on a

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bigamous cohabitation with another person. A person convicted of bigamy shall be punished by imprisonment for not less than one nor more than 10 years.

It shall be an affirmative defense that the prior spouse has been continually absent for a period of seven years during which time the accused did not know the prior spouse to be alive, or that the accused reasonably believed he was eligible to remarry.

26-2008. Marrying a Bigamist.

An unmarried man or woman commits the offense of marrying a bigamist when he marries a person whom he knows to be the wife or husband of another. A person convicted of marrying a bigamist shall be punished by imprisonment for not less than one nor more than 10 years.

It shall be an affirmative defense that the prior spouse of the bigamist has been continually absent for a period of seven years during which time the accused did not know the prior spouse of the bigamist to be alive, or that the accused reasonably believed the bigamist was eligible to remarry.

26-2009. Adultery.
A married person commits adultery when he voluntarily has sexual intercourse with a person other than his spouse and upon conviction shall be punished as for a misdemeanor.

26-2010. Fornication.
An unmarried person commits fornication when he voluntarily has sexual intercourse with another person and upon conviction shall be punished as for a misdemeanor.
26-2011. Public Indecency.

A person commits public indecency when he performs any of the following acts in a public place and upon conviction shall be punished as for a misdemeanor:
(a) An act of sexual intercourse;
(b) A lewd exposure of the sexual organs;
(c) A lewd appearance in a state of partial or complete nudity;
(d) A lewd caress or indecent fondling of the body of another person.

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26-2012. Prostitution.

A person commits prostitution when he performs or offers or con sents to perform an act of sexual intercourse for money.

26-2013. Pimping.

A person commits pimping when he performs any of the following acts:

(a) Offers or agrees to procure a prostitute for another;

(b) Offers or agrees to arrange a meeting of persons for the purpose of prostitution;
(c) Directs another to a place knowing such direction is for the purpose of prostitution; or
(d) Receives money or other thing of value from a prostitute, with out lawful consideration, knowing it was earned in whole or in part from prostitution.
26-2014. Keeping a Place of Prostitution.
A person, having or exercising control over the use of any place or conveyance which would offer seclusion or shelter for the practice of prostitution, commits the offense of keeping a place of prostitution when he knowingly grants or permits the use of such place for the purpose of prostitution.
26-2015. Punishment.
A person convicted of any of the offenses enumerated in sections 26-2012, 26-2013, and 26-2014, shall be punished as for a misdemeanor.
26-2016. Pandering.
A person commits pandering when he solicits a female to perform an act of prostitution, and upon conviction shall be punished as for a misdemeanor.
26-2017. Pandering by Compulsion.
A person commits pandering by compulsion when he by duress or coercion causes a female to perform an act of prostitution and upon conviction shall be punished by imprisonment for not less than one nor more than 10 years.

26-2018. Statutory Rape.
A person commits statutory rape when he engages in sexual inter course with any female under the age of 14 years, not his spouse: Pro vided, that no conviction shall be had for this offense on the unsup-

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ported testimony of the female. A person convicted of statutory rape shall be punished by imprisonment for not less than one nor more than 20 years.

26-2019. Child Molestation.

A person commits child molestation when he does any immoral or indecent act to or in the presence of or with any child under the age of 14 years with the intent to arouse or satisfy the sexual desires of either the child or the person. A person convicted of child molestation shall be punished by imprisonment for not less than one nor more than 20 years.

26-2020. Enticing a Child for Indecent Purposes.

A person commits enticing a child for indecent purposes when he solicits, entices, or takes any child under the age of 14 to any place whatsoever for the purpose of child molestation or indecent acts and upon conviction shall be punished by imprisonment for not less than one nor more than 20 years.

CHAPTER 26-21. DISTRIBUTING OBSCENE MATERIALS.

Sec.

26-2101. Distributing Obscene Materials

26-2101. Distributing Obscene Materials.

(a) A person commits the offense of distributing obscene materials when he sells, lends, rents, leases, gives, advertises, publishes, exhibits or otherwise disseminates to any person any obscene material of any description, knowing the obscene nature thereof, or who offers to do so, or who possesses such material with the intent so to do.

(b) Material is obscene as a whole, applying community standards, its predominate appeal is to prurient interest, that is, a shameful or morbid interest in nudity, sex or excretion, and if, in addition, it goes
substantially beyond customary limits of candor in describing or repre senting such matters. Undeveloped photographs, molds, printing plates and the like shall be deemed obscene notwithstanding that processing or other acts may be required to make the obscenity patent or to dis seminate it.

(c) Material, not otherwise obscene, may be deemed obscene under this section if the distribution thereof, or the offer to do so, or the pos session with the intent to do so is a commercial exploitation of erotica solely for the sake of their prurient appeal.
(d) A person convicted of distributing obscene material shall for the first offense be punished as for a misdemeanor, and for any sub sequent offense shall be punished by imprisonment for not less than one nor more than five years, or by a fine not to exceed $5,000, or both.

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CHAPTER 26-22. TREASON AND RELATED OPFENSES.

Sec. 26-2201. Treason 26-2202. Insurrection 26-2203. Attempt to Incite Insurrection

26-2204. Advocating Overthrow of Government

26-2201. Treason.

A person owing allegiance to the State commits treason when he knowingly levies war against the State, adheres to her enemies, or gives them aid and comfort. No person shall be convicted of treason except on the testimony of two witnesses to the same overt act, or on con fession in open court. When the overt act of treason is committed outside this State, the person charged therewith may be tried in any county in this State. A person convicted of treason shall be punished by death, or by imprisonment for life or for not less than 15 years.
26-2202. Insurrection.
A person commits insurrection when he combines with others to resist the sovereign authority of the State with intent to the denial thereof, when the same is manifested by acts of violence. A person convicted of insurrection shall be punished by imprisonment for not less than one nor more than 20 years. Insurrection shall be bailable only in the discretion of a judge of the superior court.

26-2203. Attempt to Incite Insurrection.

A person commits an attempt to incite insurrection when, by per suasion or otherwise, he attempts to incite others to join in any com bined resistance to the sovereign authority of the State. A person convicted of this offense shall be punished by imprisonment for not less than one nor more than 20 years. Attempt to incite insurrection shall be bailable only in the discretion of a judge of the superior court.
26-2204. Advocating Overthrow of Government.
(a) Definitions.--As used in this section: "Organization" means any corporation, company, partnership, association, trust, foundation, fund, club, society, committee, political party, or any group of persons, whether or not incorporated, permanently or temporarily associated together for joint action or advancement of views on any subject.
"Subversive organization" means any organization which engages in or advocates, abets, advises, or teaches, or a purpose of which is to engage in or advocate, abet, advise, or teach activities intended to over-

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throw, destroy, or to assist in the overthrow or destruction of the gov ernment of the State, or of any political subdivision thereof by force or violence.

(b) Specific subversive activities forbidden.--A person is guilty of advocating the overthrow of the government if he knowingly and wilfully commits any of the following acts:

(1) Advocates, abets, advises, or teaches the duty, necessity, de sirability, or propriety of overthrowing or destroying the government of the State or any political subdivision thereof by force or violence; or

(2) Prints, publishes, edits, issues, circulates, sells, distributes, ex hibits, or displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrow ing or destroying the government of the State or of any political sub division thereof by force or violence; or

(3) Assists in the formation, participates in the management, or contributes to the support of any subversive organization, knowing the purpose thereof; or

(4) Becomes a member or continues to be a member of a subversive organization, knowing the purpose thereof; or

(5) Destroys any books, records, or files, or secretes any funds in this State of a subversive organization, knowing said organization to be such; or

(6) Conspires with one or more persons to commit any of the acts prohibited by this section.

(c) Punishment.--A person convicted of violating any provision of this section shall be punished by a fine of not more than $20,000, or by imprisonment for not less than one nor more than 20 years, or both.

CHAPTER 26-23. ABUSE OF GOVERNMENTAL OFFICE.
Sec.
26-2301. Bribery
26-2302. Violation of Oath by Public Officer
26-2303. Receiving Funds for Enforcement of Penal Laws or Regulations
26-2304. Improperly Influencing Legislation Action
26-2305. Officer or Employee Improperly Influencing Another Officer or Employee

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26-2306. Officer or Employee Selling to Government or Political Subdivision

26-2307. Conspiracy to Defraud State or Political Subdivision

26-2308. Conspiracy in Restraint of Free and Open Competition

26-2309. Enforcement of the Separation of Powers Provision of the Constitution
26-2310. False Acknowledgment of Appearance or Oath

26-2311. False Official Certificates or Writings

26-2312. Acceptance by Witness

26-2301. Bribery.

A person commits bribery when:

(1) He gives or offers to give to any person acting for or on behalf of the State or any political subdivision thereof or of any agency of either, any benefit, reward, or consideration to which he is not entitled with the purpose of influencing him in the performance of any act related to the functions of his office or employment; or

(2) Acting for or on behalf of the State or any political subdivision thereof or of any agency of either, he solicits or receives any such benefit, reward, or consideration.

A person convicted of bribery shall be punished by a fine of not more than $5,000, or by imprisonment for not less than one nor more than 20 years, or both.

26-2302. Violation of Oath by Public Officer.

Any public officer who wilfully and intentionally violates the terms of his oath as prescribed by law shall upon conviction be punished by imprisonment for not less than one nor more than five years.

26-2303. Receiving Funds for Enforcement of Penal Laws or Regu lations.

(a) State Officer or Employee.--Any officer or employee of the State or any agency thereof who receives from any private person, firm, or corporation funds or other things of value to be used in the enforce ment of the penal laws or regulations of the State is guilty of a mis demeanor.

(b) Local Government Officer or Employee.--Any officer or em ployee of a political subdivision who receives from any private person, firm or corporation funds or other things of value to be used in the

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enforcement of the penal laws or regulations of the political subdivision of which he is an officer or employee is guilty of a misdemeanor.

26-2304. Improperly Influencing Legislative Action.

(a) State Officer or Employee.--Any officer or employee of the State or any agency thereof who asks for or receives anything of value to which he is not entitled in return for an agreement to procure or attempt to procure the passage or defeat the passage of any legislation by the General Assembly, or procure or attempt to procure the approval or disapproval of the same by the Governor, shall, upon conviction, be punished by imprisonment for not less than one nor more than five years.

(b) Local Government Officer or Employee.--Any officer or em ployee of a political subdivision who asks for or receives anything of value to which he is not entitled in return for an agreement to procure or attempt to procure the passage or defeat the passage of any legisla tion by the legislative body of the political subdivision of which he is an officer or employee shall, upon conviction, be punished by imprisonment for not less than one nor more than five years.
26-2305. Officer or Employee Improperly Influencing Another Officer or Employee.
(a) State Officer or Employee--Any officer or employee of the State or any agency thereof who asks for or receives anything of value to which he is not entitled in return for an agreement to influence or attempt to influence official action by any other officer or employee of the State or any agency thereof shall, upon conviction, be punished by imprisonment for not less than one nor more than five years.

(b) Local Government Officer or Employee.--Any officer or em ployee of a political subdivision who asks for or receives anything of value to which he is not entitled in return for an agreement to influence or attempt to influence official action by any other officer or employee of that political subdivision shall, upon conviction, be punished by im prisonment for not less than one nor more than five years.
26-2306. Officer or Employee Selling to Government or Political Sub division.

(a) Officer or Employee Selling to Government.--Any officer or employee of the State or any agency thereof, who for himself or in behalf of any business entity sells any personal property to the State or any agency thereof, shall, upon conviction, be punished by imprisonment for not less than one nor more than five years.

(b) Local Government Officer or Employee Selling to Political Sub division.--Any officer or employee of a political subdivision or agency thereof, who for himself or in behalf of any business entity sells any personal property to the political subdivision of which he is an officer or employee or to any agency thereof, shall, upon conviction, be punished by imprisonment for not less than one nor more than five years.

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26-2307. Conspiracy to Defraud State or Political Subdivision.
(a) Conspiracy to Defraud the State.--A person commits conspiracy to defraud the State when he conspires or agrees with another to com mit theft of any property which belongs to the State or to any agency thereof or which is under the control or possession of a State officer or employee in his official capacity. The crime shall be complete when the conspiracy or agreement is effected and an overt act in furtherance thereof has been committed, regardless of whether the theft is con summated. A person convicted of conspiracy to defraud the State shall be punished by imprisonment for not less than one nor more than five years.
(b) Conspiracy to Defraud a Political Subdivision.--A person com mits conspiracy to defraud a political subdivision when he conspires or agrees with another to commit theft of any property which belongs to a political subdivision or to any agency thereof or which is under the control or possession of an officer or employee of a political sub division in his official capacity. The crime shall be complete when the conspiracy or agreement is effected and an overt act in furtherance thereof has been committed, regardless of whether the theft is con summated. A person convicted of conspiracy to defraud a political sub division shall be punished by imprisonment for not less than one nor more than five years.
26-2308. Conspiracy in Restraint of Free and Open Competition.

(a) Transactions With the State.--A person who enters into a con tract, combination, or conspiracy in restraint of trade or in restraint of free and open competition in any transaction with the State or any agency thereof, whether said transaction be for goods, materials, or services shall, upon conviction, be punished by imprisonment for not less than one nor more than five years. The crime of conspiracy in restraint of free and open competition in transactions with the State shall be complete when the contract, combination, or conspiracy is effected, and an overt act in furtherance thereof has been committed.

(b) Transactions With Political Subdivisions.--A person who enters into a contract, combination, or conspiracy in restraint of trade or in restraint of free and open competition in any transaction with a political subdivision, or any agency thereof, whether said transaction be for goods, materials, or services, shall, upon conviction, be punished by imprisonment for not less than one nor more than five years. The crime of conspiracy in restraint of free and open competition in transactions with political subdivisions shall be complete when the contract, combi nation, or conspiracy is effected, and an overt act in furtherance thereof has been committed.
26-2309. Enforcement of the Separation of Powers Provision of the Constitution.
It shall be unlawful for (a) members of the General Assembly to accept or hold office or employment in the executive branch of the State Government, or any agency thereof, or in the judicial branch of the State Government; (b) judges of courts of record or their clerks and assistants to accept or hold office or employment in the executive branch of the State Government, or any agency thereof, or in the legislative branch

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of the State Government; (c) officers or employees of the executive branch of the State Government, to accept or hold office or employment in the legislative or judicial branches of the State Government. A person who knowingly disburses or receives any compensation or money in vio lation of this section is guilty of a misdemeanor: Provided, however, that nothing in this section shall be construed to apply to any officer or employee of the executive branch who has taken a leave of absence without pay from his post for temporary service as an employee of the legislative branch while it is in session and during the authorized stayover period.

26-2310. False Acknowledgment of Appearance or Oath.
Any officer authorized to administer oaths, or to take and certify acknowledgments, who knowingly makes a false acknowledgment, certifi cate, or statement concerning the appearance before him or the taking of an oath or affirmation by any person is guilty of a misdemeanor.
26-2311. False Official or Writings.
An officer or employee of the State or any political subdivision thereof, or other person authorized by law to make or give a certificate or other writing, who knowingly makes and delivers such a certificate or writing, containing any statement which he knows to be false, shall, upon conviction, be punished by imprisonment for not less than one nor more than five years.

26-2312. Acceptance by Witness.

A person who is or may be a witness at a trial, hearing, or other proceeding, before any court or any officer authorized by the law to hear evidence or take testimony, and who receives, or agrees or offers to receive any benefit, reward or consideration to which he is not entitled, pursuant to an agreement or understanding that his testimony will be influenced thereby, or that he will absent himself from the trial, hearing, or other proceeding, shall, upon conviction, be punished by imprisonment for not less than one nor more than five years.
CHAPTER 26-24. PERJURY AND OTHER FALSIFICATIONS.
Sec.
26-2401. Perjury
26-2402. False Swearing
26-2403. Subornation of Perjury or False Swearing
26-2404. Impersonating in a Legal Proceeding
26-2405. Impersonating an Officer
26-2406. Barratry
26-2407. Embracery

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26-2401. Perjury.
A person to whom a lawful oath or affirmation has been admin istered commits perjury, when, in a judicial proceeding, he knowingly and wilfully makes a false statement material to the issue or point in ques tion. A person convicted of perjury shall be punished by a fine of not more than $1,000 or by imprisonment for not less than one nor more than 10 years, or by both. A person convicted of perjury that was a cause of another's being convicted of an offense punishable by death or life imprisonment shall be punished by death or life imprisonment.

26-2402. False Swearing.

A person to whom a lawful oath or affirmation has been admin istered or who executes a document knowing that it purports to be an acknowledgment of a lawful oath or affirmation commits false swearing when, in any matter or thing other than a judicial proceeding, he know ingly and wilfully makes a false statement. A person convicted of false swearing shall be punished by a fine of not more than $1,000 or by imprisonment for not less than one nor more than five years, or both.

26-2403. Subornation of Perjury or False Swearing.

A person commits subornation of perjury or false swearing when he procures or induces another to commit perjury or false swearing, and upon conviction shall be punished by a fine of not more than $1,000, or by imprisonment for not less than one nor more than 10 years, or both.

26-2404. Impersonating in a Legal Proceeding.
Any person except an attorney of record who shall acknowledge, or cause to be acknowledged, in any of the courts of the State or before any authorized officer, any recognizance, bail, or judgment in the name of any person not privy or consenting thereto, is guilty of impersonating in a legal proceeding. A person convicted under this section shall upon conviction be punished by a fine of not more than $1,000, or by im prisonment for not less than one nor more than five years, or both.
26-2405. Impersonating an Officer.
A person who falsely holds himself out as a public officer or em ployee with intent to mislead another into believing that he is actually such officer is guilty of impersonating an officer and upon conviction shall be punished by a fine of not more than $1,000, or by imprisonment for not less than one nor more than five years, or both.
26-2406. Barratry.
A person commits barratry when he knowingly and wilfully com mits the following acts:
(a) Excites and stirs up groundless suits in the courts or quarrels in administrative proceedings; or
(b) Institutes, or causes to be instituted, a legal proceeding without obtaining proper authorization; or

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(c) Solicits or encourages the institution of a judicial or adminis trative proceeding or offers assistance therein before being consulted by a complainant in relation thereto.

A person convicted of barratry shall be punished by a fine of not more than $5,000, or by imprisonment for not less than one nor more than five years, or both.

26-2407. Embracery.

A person commits embracery when he: (a) with intent to influence a person summoned or serving as a juror, communicates with him other wise than is authorized by law, in an attempt to influence his action as a juror; or (b) summoned as a juror, accepts anything of value offered to him with the understanding that it is given with the intent of in fluencing his action as a juror. A person convicted of embracery shall be punished by a fine of not more than $1,000, or by imprisonment for not less than one nor more than five years, or both.

CHAPTER 26-25. OBSTRUCTION OF LAW ENFORCEMENT.
Sec.
26-2501. Escape
26-2502. Aiding Escape
26-2503. Hindering Apprehension or Punishment of a Criminal
26-2504. Compounding a Crime
26-2505. Obstruction of Officers
26-2506. Giving False Name
26-2507. Mutiny in Penal Institutions
26-2508. Instigating Mutiny
26-2501. Escape.
A person commits escape when he: (a) having been convicted of a felony or misdemeanor, or of the violation of a municipal ordinance, intentionally escapes from lawful custody or from any place of lawful confinement; or (b) being in lawful custody or lawful confinement prior to conviction, intentionally escapes from such custody or confinement. A person who, having been convicted of a felony or misdemeanor, is convicted of escape shall be punished by imprisonment for not less than one nor more than five years. Any other person convicted of escape shall be punished as for a misdemeanor except that a person who com mits escape while armed with a dangerous weapon shall, upon convic-

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tion, be punished by imprisonment for not less than one nor more than 10 years.

26-2502. Aiding Escape.

(a) A person who knowingly aids another in escaping from lawful custody or from any place of lawful confinement shall, upon conviction, be punished by imprisonment for not less than one nor more than five years.

(b) A peace officer or employee of any place of lawful confinement who recklessly permits any person in his custody to escape shall be punished as for a misdemeanor.

26-2503. Hindering Apprehension or Punishment of a Criminal.

A person is guilty of hindering apprehension or punishment of a criminal when, with intention to hinder the apprehension of a person whom he knows or has reasonable grounds to believe to be guilty of a felony or to be an escaped convict or prisoner, he (a) harbors or conceals such person; or (b) conceals or destroys evidence of the crime. A person convicted of hindering apprehension or punishment of a criminal shall be punished by imprisonment for not less than one nor more than five years.
26n2504. Compounding a Crime.

A person is guilty of compounding a crime when, after institution of criminal proceedings and without leave of the court, or of the solicitor
of the court where the criminal proceedings are pending, he accepts or agrees to accept any benefit in consideration of a promise, express or implied, not to prosecute or aid in the prosecution of a criminal offense.
A person convicted of compounding a crime which is a felony shall be punished by a fine of not more than $1,000, or by imprisonment for not less than one nor more than five years, or both. A person convicted of compounding a crime which is a misdemeanor shall be punished as for a misdemeanor.

26-2505. Obstruction of Officers.

A person who knowingly and wilfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties is guilty of a misdemeanor.
26-2506. Giving False Name.
A person who gives a false name or address to a law enforcement officer in the lawful discharge of his official duties with the intent of misleading the officer as to his identity is guilty of a misdemeanor.
26-2507. Mutiny in Penal Institutions. A person in the lawful custody of any penal institution who assails,

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opposes, or resists an officer of the law or of such penal institution, or a member of the guard, with intent to cause serious bodily injury com mits mutiny and, upon conviction, shall be punished by imprisonment for not less than one nor more than five years.

26-2508. Instigating Mutiny.
A person who persuades, entices, instigates, counsels, aids, or abets a person in the lawful custody of any penal institution to commit mutiny, shall, upon conviction, be punished by imprisonment for not less than one nor more than five years.
CHAPTER 26-26. DISORDERLY CONDUCT AND RELATED OFFENSES.

Sec.
26-2601. Riot 26-2602. Inciting to Riot 26-2603. Affray 26-2604. Unlawful Assembly 26-2605. Public Disturbance 26-2606. Refusal to Disburse 26-2607. Public Drunkenness 26-2608. False Fire Alarm 26-2609. False Public Alarm 26-2610. Abusive or Obscene Language 26-2611. Obstructing Highways 26-2612. Dumping Trash on Right-of-Way of Highway or on Land
or Water of Another
26-2613. Criminal Interference with Government Property
26-2614. Disorderly House
26-2601. Riot.
Any two or more persons who shall do an unlawful act of violence or any other act in a violent and tumultuous manner, shall be guilty of a riot and upon conviction shall be punished as for a misdemeanor.

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26-2602. Inciting to Riot.
A person who with intent to cause a riot, does enact or engages in conduct which urges, counsels, or advises others to riot, at a time and place and under circumstances which produce a clear and present danger of a riot, shall be guilty of inciting to riot and upon conviction shall be punished as for a misdemeanor.

26-2603. Affray.

An affray is the fighting by two or more persons in some public place to the disturbance of the public tranquility. A person convicted of affray shall be punished as for a misdemeanor.

26-2604. Unlawful Assembly.

A person who knowingly participates in either of the following acts or occurrences is guilty of a misdemeanor:

(a) The assembly of two or more persons for the purpose of com mitting an unlawful act and the failure to withdraw from the assembly on being lawfully commended to do so by a peace officer or before any member of the assembly has inflicted injury to the person or property of another; or
(b) The assembly of two or more persons, without authority of law, for the purpose of doing violence to the person or property of one sup posed by the accused to have been guilty of a violation of the law, or for the purpose of exercising correctional or regulative powers over any person by violence: Provided, however, that it shall be an affirmative defense to a prosecution under this subsection that the accused with drew from the assembly on being lawfully commanded to do so by a peace officer or before any member of the assembly has inflicted injury to the person or property of another.
26-2605. Public Disturbance.
A person who recklessly or knowingly commits any act which may reasonably be expected to prevent or disrupt a lawful meeting, gather ing, or procession is guilty of a misdemeanor. This section shall not be construed to affect the powers delegated to counties or to municipal corporations to pass laws to punish disorderly conduct with their re spective limits.

26-2606. Refusal to Disburse.

A person in a gathering who refuses to obey the reasonable official request or order of a peace officer or fireman to move for the purpose of promoting the public safety by dispersing those gathered in dangerous proximity to a fire or other emergency, is guilty of a misdemeanor.

26-2607. Public Drunkenness.
A person who shall be and appear in an intoxicated condition in any public place or within the curtilage of any private residence not his own

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other than by invitation of the owner or lawful occupant, which condi tion is made manifest by boisterousness, or by indecent condition or act, or by vulgar, profane, loud, or unbecoming language, is guilty of a mis demeanor. This section shall not be construed to affect the powers dele gated to counties or to municipal corporations to pass laws to punish drunkenness or disorderly conduct within their respective limits.

26-2608. False Fire Alarm.
A person who transmits in any manner to a fire department, public or private, or to any other group which is organized for the purpose of preventing or controlling fires, a false report of a fire, knowing at the time that there is no reasonable ground for believing that such fire exists, is guilty of a misdemeanor.

26-2609. False Public Alarm.
A person who transmits in any manner a false alarm to the effect that a bomb or other explosive of any nature is concealed in such place that its explosion would endanger human life, knowing at the time that there is no reasonable ground for believing that such a bomb or explosive is concealed in such place, is guilty of transmitting a false public alarm and upon conviction shall be punished by imprisonment for not less than one nor more than five years.

26-2610. Abusive or Obscene Language.

A person who commits any of the following acts is guilty of a mis demeanor:

(a) Without provocation, uses to or of another, either in his pres ence or by telephone, opprobrious words or abusive language, tending to cause a breach of the peace, or;
(b) Without provocation, uses obscene and vulgar or profane lang uage in the presence of a female or of a male under the age of 14 years, or by telephone to a female or to a male under the age of 14 years; or
(c) Communicates to any female within this State by writing or printing any obscene or vulgar language or improper proposals, or;
(d) Engages in indecent or disorderly conduct in the presence of a female in any public place; or
(e) Telephones another repeatedly, whether or not conversation ensues, for the purpose of annoying, harassing or molesting another or his family, or uses over the telephone language threatening bodily harm, or telephones and intentionally fails to hang up or disengage the con nection, or knowingly permits any telephone under his control to be used for any purpose prohibited by this subsection.

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26-2611. Obstructing Highways.

A person who, without authority of law, purposely or recklessly obstructs any highway, street, sidewalk, or other public passage in such a way as to render it impassable without unreasonable inconvenience or hazard, and fails or refuses to remove the obstruction after receiving a reasonable official request or order of a peace officer that he do so is guilty of a misdemeanor.

26-2612. Dumping Trash on Right-of-Way of Highway or on Land or Water of Another.

A person, firm, or corporation who wilfully empties, dumps, or other wise places any trash, tin cans, garbage, rubbish, dead animals, or other discarded materials upon the right-of-way of any public road, state-aid road, or state highway, or upon the land or waters of another, excluding tidal waters, without first having obtained his permission, is guilty of a misdemeanor.

26-2613. Criminal Interference with Government Property.

A person commits criminal inteference with government property when he: (a) demonstrates or pickets in such a way as to obstruct the passage into or from government property; (b) destroys, damages, or defaces government property; or (c) remains upon government property after receiving from a public officer a lawful order to depart. A person convicted of criminal interference with government property under sub section (b) shall be punished by imprisonment for not less than one nor more than five years. A person convicted of criminal interference with government property under subsections (a) or (c) is guilty of a mis demeanor.

26-2614. Disorderly House.

A person who keeps and maintains, either by himself or others, a common, ill-governed, and disorderly house, to the encouragement of gaming, drinking, or other misbehavior, or to the common disturbance of the neighborhood or orderly citizens, is guilty of a misdemeanor.

CHAPTER 26-27. GAMBLING AND RELATED OFFENSES.

Sec.

26-2701. Definitions 26-2702. Gambling 26-2703. Commercial Gambling 26-2704. Keeping a Gambling Place 26-2705. Advertising Commercial Gambling 26-2706. Communicating Gambling Information

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26-2707. Possession of Gambling Device or Equipment

26-2708. Seizure and Destruction of Gambling Devices

26-2709. Seizure of Gambling Funds or other Things of Value

26-2710. Seizure of Vehicles Used in Transporting Gambling Devices and Equipment

26-2711. Registration of Federal Gambling Stamps

26-2712. Bribery of Contestant

26-2713. Soliciting or Accepting a Bribe

26-2701. Definitions.

(a) "Bet". A bet is an agreement that, dependent upon chance even though accompanied by some skill, one stands to win or lose something of value. A bet does not include:

(1) Contracts of indemnity or guaranty, or life, health, property, or accident insurance; or

(2) An offer of a prize, award, or compensation to the actual con testants in any bona fide contest for the determination of skill, speed, strength, or endurance or to the owners of animals, vehicles, watercraft, or aircraft entered in such contest.

(b) "Gambling place". A gambling place is any real estate, build ing, room, tent, vehicle, boat, or other property whatsoever, one of the principal uses of which is the making or settling of bets, the receiving, holding, recording, or forwarding of bets or offers to bet, or the con ducting of a lottery or the playing of gambling devices.

(c) "Gambling device". A gambling device is any contrivance which for a consideration affords the player an opportunity to obtain money, or other thing of value, the award of which is determined by chance, even though accompanied by some skill, and whether or not the prize is automatically paid by the contrivance.

(d) "Lottery". A lottery is any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised consideration for a chance to win such prize, whether such scheme or procedure is called a pool, lottery, raffle, gift, gift enterprise, sale, or policy game, or by some other name.

26-2702. Gambling.
A person commits gambling when he: (a) makes a bet upon the partial or final result of any game or contest or upon the performance of any participant in such game or contest; or (b) makes a bet upon

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the result of any political nomination, appointment, or election or upon the degree of success of any nominee, appointee, or candidate. A person convicted of gambling shall be punished as for a misdemeanor.

26-2703. Commercial Gambling.

A person commits commercial gambling when he intentionally does any of the following acts:

(a) Operates or participates in the earnings of a gambling place; or

(b) Receives, records, or forwards a bet or offer to bet; or
(c) For gain, becomes a custodian of anything of value bet or offered to be bet; or

(d) Contracts to have or give himself or another the option to buy or sell, or contracts to buy or sell, at a future time, any grain or other commodity whatsoever, or any stock or security of any company, when it is at the time of making such contract intended by both parties there to that the contract to buy or sell, or the option, whenever exercised, or the contract resulting therefrom, shall be settled, not by the receipt or delivery of such property, but by the payment only of differences in prices thereof; or

(e) Sells chances upon the partial or final result of or upon the margin of victory in any game or contest or upon the performance of any participant in any game or contest or upon the result of any political nomination, appointment, or election or upon the degree of success of any nominee, appointee, or candidate; or

(f) Sets up or promotes any lottery or sells or offers to sell or knowingly possesses for transfer, or transfers any card, stub, ticket, check, or other device designed to serve as evidence of participation in any lottery.
A person convicted of commercial gambling shall be punished by imprisonment for not less than one nor more than five years, or by a fine not to exceed $5,000, or both.

26-2704. Keeping a Gambling Place.

A person who knowingly permits any real estate, building, room, tent, vehicle, boat, or other property whatsoever owned by him or under his control to be used as a gambling place, or who rents or lets any such property with a view or expectation that it be so used, commits keeping a gambling place. A person convicted of keeping a gambling place shall be punished by imprisonment for not les than one nor more than five years, or by a fine not to exceed $5,000, or both.

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26-2705. Advertising Commercial Gambling.

A person who knowingly prints, publishes, or advertises any lottery or other scheme for commercial gambling or who knowingly prints or publishes any lottery ticket, policy ticket, or other similar device de signed to serve as evidence of participation in a lottery commits ad vertising commercial gambling. A person convicted of advertising com mercial gambling shall be punished by imprisonment for not less than one nor more than five years, or by a fine not to exceed $5,000, or both.

26-2706. Communicating Gambling Information.
A person who knowingly communicates information as to bets, bet ting odds, or changes in betting odds or who knowingly installs or main tains equipment for the transmission or receipt of such information with the intent to further gambling commits communicating gambling in formation. A person convicted of communicating gambling information shall be punished by imprisonment for not less than one nor more than five years, or by a fine not to exceed $5,000, or both.

26-2707. Possession of Gambling Device or Equipment.
A person who knowingly owns, manufactures, transfers commercial ly, or possesses any device which he knows is designed for gambling purposes or anything which he knows is designed as a subassembly of essential part of such device is guilty of a misdemeanor.

26-2708. Seizure and Destruction of Gambling Devices.

Every gambling device is hereby declared to be contraband and subject to seizure and confiscation by any State or local authority within whose jurisdiction the same may be found.
At such time as there shall be a Final Judgment entered in any case or cases in which a seized gambling device is necessary evidence or at such time as the State shall determine that the continued physical existence of such seized gambling device is no longer necessary, the same shall be turned over by that person having custody of such device to the Sheriff of the County wherein such device was confiscated. The Sheriff shall within ten days after receiving said device destroy the same in the presence of the Solicitor General of the Circuit in which such county is located and shall forward to the State Revenue Commis sioner a certificate so stating which shall include the serial number of the device so destroyed.
26-2709. Seizure of Gambling Funds or Other Things of Value.
Any funds or other things of value used for purposes of gambling and seized in any gambling place or found in or on any gambling device shall vest in the county and shall be paid into the county treasury as county funds.

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26-2710. Seizure of Vehicles Used in Transporting Gambling Devices and Equipment.

All vehicles and conveyances of every kind used in transporting any gambling device or any subassembly or essential part thereof or in transporting any card, stub, ticket, check, or other device designed to serve as evidence of participation in any lottery or in transporting any money or other thing of value hazarded on any lottery are hereby de clared to be contraband and such use is hereby prohibited. Such vehicle or conveyance shall be seized by any peace officer, who within 10 days after the seizure of such vehicle or conveyance shall report the same to the solicitor general of the superior court having jurisdiction in the county where the seizure was made. Within 10 days after he receives such notice, the solicitor general shall institute condemnation proceedings in said court by petition, a copy of which shall be served upon the owner, lessee, or lienholder of such vehicle or conveyance, if known, and if the owner, lessee, or lienholder is unknown, notice of such proceeding shall be published once a week for two weeks in the newspaper in which sheriff's advertisements are published. If no defense shall be filed within 30 days from the filing of the petition, judgment by default shall be entered by the court at chambers, otherwise the case shall proceed as other civil cases in said court. Should it appear that the owner, lessee, or lienholder of such vehicle or conveyance knew, or by the exercise of ordinary care should have known, that the same was used in violation of this section, the same shall be sold by order of the court after such advertisement as the court shall direct. The proceeds arising from such sale shall be applied, first, to the payment of the expenses in said case, including the expense incurred in the seizure and the costs of court in said proceedings and, second, the remaining fund shall go into the county treasury as county funds.

26-2711. Federal Tax Stamps on Wagering and Gaming Devices.

(a) A person who has purchased a federal wagering occupational tax stamp or a federal gaming device tax stamp, as required by the United States under the applicable provisions of the Internal Revenue Code, shall register such stamp or stamps in the office of the clerk of the superior court in the county in which he resides and shall there file a sworn affidavit setting forth the name and address of the true owner of the gaming device for which any federal gaming device tax stamp was purchased by the affiant together with the serial number of each such device. A person who fails to register as required by this section is guilty of a misdemeanor.

(b) The holding, owning, having in possession of or paying the tax for a wagering occupational tax stamp as provided in 26 U. S. Code 4411, issued by the Internal Revenue Service of the United States, shall be held in all courts of this State as prima facie evidence of guilt of the person paying the tax or holding, owning, or possessing such stamp in any prosecution of such persons for violation of sections 26-2702 or 26-2703 of this Code.
(c) The payment of tax on coin-operated gaming devices, as pro vided in 26 U. S. Code Section 4461, for devices defined by 26 U. S. Code

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Section 4462, or the holding, owning or possessing of any stamp, re ceipt or other evidence of the payment of such tax issued by the Internal Revenue Service of the United States, shall be held in all courts of this State as prima facie evidence of guilt of the person paying such tax, or holding, owning or possessing such stamp or other evidence of payment of such tax in any prosecution of such person for violation of sections 26-2707 of this Code.

(d) The State Revenue Commissioner shall annually, not later than August 15th of each year, ascertain what person or persons have been issued, or hold, own, possess or are paying the taxes on a coin-operated gaming device or devices, as provided in the U. S. Code 4461, issued by the Internal Revenue Service of the United States, and shall report this fact or facts in writing to all law enforcement agencies seated in the county of the residence of such person holding, owning, having in pos session of, or paying the aforesaid taxes.

26-2712. Bribery of Contestant.

A person who gives, offers, or promises any reward, money, or other thing of value to anyone who participates or expects to participate in any amateur or professional athletic contest, sporting event, or ex hibition or to any coach, trainer, manager, or official in such athletic contest, sporting event, or exhibition with intent to influence such person to lose, try to lose, or cause to be lost or to affect the margin of victory or defeat in such athletic contest, sporting event, or exhibi tion commits bribery of a contestant and, upon conviction, shall be punished by a fine of not less than $1,000 nor more than $5,000 or by imprisonment for not less than one nor more than five years, or both.

26-2713. Soliciting or Accepting a Bribe.

A person participating or expecting to participate, or any coach, trainer, manager, or official, in any amateur or professional athletic contest, sporting event, or exhibition who solicits or accepts any reward, money, or other thing of value with the intent, understanding, or agree ment that it influence him to lose, try to lose, or cause to be lost or to limit the margin of victory or defeat in such athletic contest, sporting event, or exhibition by failing to exert his best efforts or to exercise his best judgment is guilty of soliciting or accepting a bribe and, upon conviction, shall be punished by a fine of not less than $1,000 nor more than $5,000 or by imprisonment for not less than one nor more than five years, or both.

CHAPTER 26-28. MALICIOUS MISCHIEF OFFENSES. Sec. 26-2801. Cruelty to Children 26-2802. Cruelty to Animals 26-2803. Misuse of Flag, Emblem, or Coat of Arms 26-2804. Criminal Defamation

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26-2801. Cruelty to Children.
A parent, guardian, or other person supervising the welfare of or having immediate charge or custody of a child under the age of 18 com mits cruelty to children when he wilfully deprives the child of necessary sustenance or maliciously causes the child cruel or excessive physical or mental pain. A person convicted of cruelty to children shall be pun ished by imprisonment for not less than one nor more than five years.

26-2802. Cruelty to Animals.
A person commits a misdemeanor when his act, omission, or neglect causes unjustifiable physical pain, suffering, or death to any living animal. This section does not apply to the killing of animals raised for the purpose of providing food nor does it apply to any person who shall hunt wild animals in complaince with the game and fish laws of this State. The killing or injuring of an animal for humane purposes or in the furtherance of medical or scientific research is justifiable.

26-2803. Misuse of Flag, Emblem, or Coat of Arms.
A person who deliberately mutilates, defaces, or defiles the flag or national emblem of the United States or the Georgia State Flag or coat of arms, or the flag or emblem of the Confederate States of Amer ica, or who uses such flag or flags, emblem, or coat of arms for commerical advertising purposes, is guilty of a misdemeanor.

26-2804. Criminal Defamation.
A person commits criminal defamation when, without a privilege to do so and with intent to defame another, living or dead, he communicates false matter which tends to blacken the memory of one who is dead or which exposes one who is alive to hatred, contempt, or ridicule, and which tends to provoke a breach of the peace. A person convicted of criminal defamation shall be punished as for a misdemeanor.

CHAPTER 26-29. CRIMES INVOLVING DANGEROUS INSTRUMEN TALITIES AND PRACTICES.
Sec.
26-2901. Carrying a Concealed Weapon

26-2902. Deadly Weapons at Public Gatherings 26-2903. Carrying Pistol Without License 26-2904. License to Carry Pistol or Revolver

26-2905. Furnishing Weapons to Minors 26-2906. Machine Guns; Sale, etc., Illegal 26-2907. Exemptions

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26-2908. Pointing Gun or Pistol at Another

26-2909. Discharge of Firearms on or Near Public Highway

26-2910. Reckless Conduct.

26-2911. Abandonment of Containers with Snap-Locks

26-2912. Refusal to Relinquish Telephone Party Line in Case of Emergency: False Statement as to Emergency in Order to Obtain Line

26-2913. Wearing Masks

26-2914. Cross burning

26-2901. Carrying a Concealed Weapon.
A person commits a misdemeanor when he knowingly has or carries about his person, outside of his own home, unless in an open manner and fully exposed to view, any bludgeon, metal knuckles, firearm, knife designed for the purpose of offense and defense, or any other dangerous or deadly weapon or instrument of like character.

26-2902. Deadly Weapons at Public Gatherings.
A person commits a misdemeanor when he carries to or while at a public gathering any explosive compound, firearm, or knife designed for the purpose of offense and defense.

26-2903. Carrying Pistol Without License.
A person commits a misdemeanor when he has or carries on or about his person outside of his own home or place of business any pistol or revolver, whether concealed or not, for which he has not obtained a license from the ordinary of the county in which he resides.

26-2904. License to Carry Pistol or Revolver.
The ordinary of each county may on application under oath and payment of a license fee of three dollars issue a license, either in term time or during vacation, to any resident of the county authorizing the applicant, for a period of three years from the granting of such license to have and carry a pistol or revolver in an open manner and fully exposed to view or in his motor vehicle provided the applicant: (a) is twenty-one years or older; (b) is mentally competent; (c) has not within the 10 years immediately preceding the application been convicted of a felony or within the two years immediately preceding the application been con victed of a forcible misdemeanor; and (d) gives a bond, with a surety approved by the ordinary of said county, payable to the Governor in the sum of $300 conditioned upon the lawful use of the pistol or revolver.

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The ordinary granting the license shall keep a record of the name of the person taking out the license, the name of the maker of the firearm to be carried, and the caliber and number of the firearm. The ordinary shall not grant a license to any applicant who does not comply with the above requirements and furnish the required information. The ordinary of the county where the license was issued shall, after notice and hearing, revoke the license upon adjudication of mental incompetency, upon the conviction of a felony, a forcible misdemeanor, or a violation of section 26-2901 or section 26-2902.

26-2905. Furnishing Weapons to Minors.
A person commits a misdemeanor when he knowingly sells to or furnishes to a person under the age of 21 years a pistol, metal knuckles, or knife designed for the purpose of offense and defense.

26-2906. Machine Guns; Sale, etc., Illegal.
A person commits a felony when he sells, manufactures, purchases, possesses, or carries a machine gun and upon conviction shall be pun ished by imprisonment by not less than one nor more than 5 years. A machine gun is any weapon from which more than eight shots or bullets may be discharged by a single function of the firing device. This section shall not apply to or affect the manufacture, for, or the transportation, or sale of machine guns to persons exempted under section 26-2907, provided said machine guns are broken down in a non-functioning state or are not immediately accessible.

26-2907. Exemptions.
Sections 26-2901, 26-2902, 26-2903, and 26-2906 shall not apply to or affect any of the following persons while engaged in pursuit of of ficial duty or when authorized by Federal or State law, regulation or order: (1) peace officers; (2) wardens, superintendents, and keepers of prisons, penitentiaries, jails, or other institutions for the detention of persons accused or convicted of an offense; (3) persons in the military service of the State or of the United States; (4) persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the weapon is necessary for manu facture, transport, installation, and testing under the requirements of such contract.
A prosecution based upon a violation of sections 26-2901, 26-2902, 26-2903, or 26-2906 need not negative any exemptions.

26-2908. Pointing Gun or Pistol at Another.
A person commits a misdemeanor when he intentionally and without legal justification points or aims a gun or pistol at another, whether the gun or pistol is loaded or unloaded.

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26-2909. Discharge of firearms on or Near Public Highway.

A person commits a misdemeanor when, without legal justification, he discharges a gun or pistol on or within fifty yards of a public high way or street.

26-2910. Reckless Conduct.

A person commits a misdemeanor when he causes bodily harm to or endangers the bodily safety of another person by consciously disregard ing a substantial and unjustifiable risk that his act or omission will cause the harm or endanger the safety, and the disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation.

26-2911. Abandonment of Containers With Snap-Locks.
A person commits a misdemeanor when he leaves in any place ac cessible to children any abandoned, unattended, or discarded container which has a compartment of more than one and-half cubic feet capacity and a door or lid which locks or fastens automatically when closed and which cannot easily be opened from the inside, without first removing the lid, door, or locking device from such container.
26-2912. Refusal to Relinquish Telephone Party Line in Case of Emer gency; False Statement as to Emergency in Order to Obtain Line.

A person commits a misdemeanor when he fails to relinquish a tele phone party line, consisting of subscriber line telephone circuit with two or more main telephone stations connected therewith, each having a distinctive ring or telephone number, after he has been requested to do so to permit another to place a call, in an emergency in which property or human life is in jeopardy and the prompt summoning of aid is es sential, to a fire or police department or for medical aid or ambulance service if such party line at the time of the request is not being used for any such other emergency call. Any person who shall request the use of such party line by falsely stating that the same is needed for any of said purposes, knowing said statement to be false, commits a mis demeanor.

In every telephone directory distributed to the general public in this State after the effective date of this Act, in which is listed the call num bers of any telephones located within this State, except such as are dis tributed solely for business advertising purposes, commonly known as classified telephone directories, there shall be printed in type not smaller
than the smallest type appearing on the same page, a notice setting forth the substance of the first paragraph of this section, preceded by the word 'warning' printed in bold face type.

26-2913. Wearing Masks.
A person commits a misdemeanor when he wears a mask, hood or device by which any portion of the face is so hidden, concealed, or cov-

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ered as to conceal the identity of the wearer, and is upon any public way or public property or upon the private property of another without the written permission of the owner or occupier of the property to do so.
This section shall not apply to:

(a) A person wearing a traditional holiday costume on the occasion of the holiday;

(b) A person lawfully engaged in trade and employment or in a sporting activity where a mask is worn for the purpose of ensuring the physical safety of the wearer, or because of the nature of the occupation, trade, or profession or sporting activity;

(c) A person using a mask in a theatrical production including use in Mardi Gras celebrations and masquerade balls;

(d) A person wearing a gas mask prescribed in civil defense drills and exercises, or emergencies.

26-2914. Cross Burning.

A person commits a misdemeanor when he places or causes to be placed on public or private property a burning or flaming cross or any manner of exhibit in which a burning or flaming cross, real or simulated, is a whole or a part. This section does not apply if the act took place upon the private property of the accused or, if upon the private property of another, the act was done with the prior written consent of such other.

CHAPTER 26-30. INVASIONS OF PRIVACY.

Sec.

26-3001. Unlawful Eavesdropping and Surveillance

26-3002. Peeping Tom

26-3003. Possession, Sale and Distribution of Eavesdropping De vices

26-3004. Law Enforcement Officers--Exception

26-3005. Public Service Commission License--Exception 26-3006. Consent--Exception 26-3007. Evidence Inadmissible 26-3008. Privileged Communications Inadmissible 26-3009. Definitions 26-3010. Punishment.

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26-3001. Unlawful Eavesdropping and Surveillance.

It shall be unlawful for

(a) any person in a clandestine manner to intentionally overhear, transmit, or record, or attempt to overhear, transmit, or record the private conversation of another which shall originate in any private place;

(b) any person, through the use of any instrument or apparatus, without the consent of all persons observed, to observe, photograph, or record the activities of another which occur in any private place and out of public view;

(c) any person to go on or about the premises of another or any private place for the purpose of invading the privacy of another by eavesdropping upon their conversations or secretly observing their ac tivities;

(d) any person to intentionally and secretly intercept by the use of any device, instrument or apparatus the contents of a message sent by telephone, telegraph, letter or by any other means of private com munication;

(e) any person to divulge to any unauthorized person or authority the content or substance of any private message intercepted lawfully in the manner provided for hereinafter in Code Section 26-3005; or
(f) any person to commit any other acts of a nature similar to those set out in Subsection (a) through (e) which invade the privacy of another.

26-3002. Peeping Tom.

It shall be unlawful for any person to be a "peeping torn" on or about the premises of another, or to go about or upon the premises of another for the purpose of becoming a "peeping torn". As used in this Section,
the term "peeping torn" means one who peeps through windows or doors, or other like places, on or about the premises of another, for the purpose of spying upon or invading the privacy of the persons spied upon, and the doing of any other acts of a similar nature, which invade the privacy of such persons.

26-3003. Possession, Sale and Distribution of Eavesdropping Devices.

Other than law enforcement officers permitted by this Chapter to employ such devices, it shall be unlawful for any person to possess, sell, offer for sale, or distribute any eavesdropping device. An eavesdropping device shall mean any instrument or apparatus which by virtue of its size, design and method of operation has no normal or customary function or purpose other than to permit the user thereof to secretly intercept, transmit, listen to or record private conversations of others.

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26-3004. Law Enforcement Officers -- Exception.

(a) Except only as provided in subsection (b) hereof, nothing in this Chapter shall apply to a duly constituted law enforcement officer in the performance of his official duties in ferreting out offenders or sus pected offenders of the law, or in secretly watching a person suspected of violating the laws of the United States or of this State, or any sub division thereof, for the purpose of apprehending such suspected viola
tor.

(b) When in the course of his official duties, a law enforcement officer desiring to make use of any device, but only as such term is specifically defined by Code Section 26-3009, and such use would other wise constitute a violation of Code Section 26-3001, such law enforce ment officer shall act only in compliance with the procedure provided for hereinafter in Subsections (c) through (k) inclusive.

(c) When there is probable cause to believe that a person is com mitting or has committed an act which endangers the national security of the United States or the security of this State or that such person is committing or has committed the crime of treason, insurrection, re bellion, espionage, sabotage, or any felony involving bodily harm, or any crime under the laws of this State, or the United States involving kidnapping, narcotics, dangerous drugs, prostitution, blackmail, extortion, bribery, gambling or any felony involving alcohlic beverage laws, or there is probable cause to believe that a private place is being utilized or has been utilized for the commission of any such crime, then, upon writ ten application, under oath, or the Solicitor General of the circuit wherein the device is to be physically placed, or the Attorney General, which application affirms that there is probable cause to believe (1) that a person is committing or has committed any of the crimes en umerated in this subsection, or (2) that a private place is being utilized or has been utilized for the commission of any of the crimes enumerated in this subsection and sets forth specifically the basis of such probable cause and particularly describes the person or place, the crime or crimes, the device or devices to be used, and the specific conversations and activities to be overheard or observed, as the case may be, any judge of the Superior Court of the circuit aforesaid may issue an in vestigation warrant permitting the use of devices, as defined by Code Section 26-3009, for the surveillance of such person or place provided such warrant specifies with particularity the device or devices the use of which is to be thereby permitted, the purpose, duration and cir cumstances of use permitted, the crime or crimes allegedly being com mitted, and the person or persons and place or places to be subject to such surveillance.

(d) The judge before issuing such a warrant, shall satify himself that the party initiating the application for the warrant is aware of facts and circumstances through his own personal knowledge which are sufficient to lead a man of reasonable caution to believe that the alleged crime set forth in the application has been committed or is being committed, or that such person has been informed of such facts and circumstances by a reasonably trustworthy informational source. The judge shall also satisfy himself that there is set forth in the application exigencies adequately supported by facts and circumstances which

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overcome and override the need for giving of notice of the surveillance to the parties to be overheard or observed by the use of such devices.

(e) Investigation warrants issued under this Section shall be valid for no more than ten (10) days after issuance, unless renewed for an additional ten (10) day period for good cause shown at the time of written application for such renewal.

(f) The officer executing the warrant must make a return of the warrant to the judge which shall set forth specifically how such warrant was used and employed and what was obtained thereby. The return shall reflect that the investigation or search in pursuance of the warrant was terminated immediately upon the conversation or activities which were authorized to be overheard, intercepted or observed were obtained. The return shall set forth with particularity the law enforcement officer or officers or their agents who actually employed the devices used in the
execution of the warrant.

(g) Evidence obtained in conformity with this Section shall be admissible only in the courts of this State having felony and misdemean or jurisdiction and only in a prosecution for the crime or crimes specified in the investigation warrant.

(h) The application for any investigation warrant under this Sec tion, any supporting evidence in connection therewith and any entry of the issuance of an investigation warrant as a result thereof shall remain confidential and in the custody of the judge and shall not be released, nor information touching same in any manner be disclosed, except upon writ ten order of such judge, or except at the time of trial of the case in which such evidence is used or in which evidence derived from such surveillance is used.

(i) The applicant for the warrant shall return same and report back to the judge issuing same within thirty (30) days of the issuance of the warrant. In the event no evidence of the specific crime set forth in the warrant has been obtained through the use of such device or devices, it shall be the duty of such applicant to physically destroy all evidence or information obtained by surveillance and to so certify in writing to such judge under oath.

(j) In the event evidence of or information concerning the specific crime set forth in the warrant is obtained through the use of such device or devices the applicant shall so certify in writing under oath in his report under sub-paragraph (i). Upon the return of an indictment or filing of an accusation based in whole or in part on such evidence or information or any part thereof, it shall be the duty of the Solicitor General to promptly notify the accused of the existence and substance of such evidence or information and if the same has been reduced to a permanent form, shall make it available to the accused for inspection and copying.

(k) Any publication of the information or evidence obtained under a warrant issued hereunder other than that necessary and essential to the preparation of and actual prosecution for the crime specified in the

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warrant shall be an unlawful invasion of privacy under this Chapter, and shall cause such evidence and information to be inadmissible in any criminal prosecution.

26-3005. Public Service Commission License--Exception.

(a) Nothing contained within Code Section 26-3001 shall prohibit the employment and use of any equipment or device which is furnished by any telephone company authorized to do business in this State under proper tariffs filed with and approved by the Georgia Public Service Commission, which may be attached to any telephonic equipment of any subscriber to such equipment which permits the interception of telephonic communications solely for the purposes of business service improvement when the subscriber to such facilities and equipment shall have duly applied for and obtained from the Georgia Public Service Commission a license for the employment and installation of such equipment. No license shall be issued until the applicant shall have demonstrated to the Georgia Public Service Commission a clear, apparent and logically reasonable need for the use of such equipment in connection with a legitimate business activity of the subscriber and shall demonstrate to the satisfaction of the Commission that it will be operated by persons of good moral character and that said equipment will be used in a law ful manner and in conformity with the tariffs filed for such equipment. The Georgia Public Service Commission is authorized to establish the necessary procedures to be employed and followed in applying for such permits and to require from the subscribers of such equipment the furnishing of any reasonable information required by the Commission in regard to the intended and actual use of such equipment.

(b) The Georgia Public Service Commission is authorized to revoke any license and to order any telephone company supplying such equip ment to remove from the premises of the licensee such equipment when it shall be established to the satisfaction of the Commission that such equipment is being used in an unlawful manner, contrary to the tariff applicable to such equipment, or in a manner contrary to the purposes and uses for which the license had been issued. Such licenses may also be revoked by the Commission if it shall subsequently be discovered that a material misrepresentation of fact shall have been made in apply ing for the license. The Georgia Public Service Commission is authorized to promulgate such rules and regulations in connection with the licens ing and revocation thereof of such users of said equipment as will en able it to carry out the purposes, duties and responsibilities imposed upon the Commission by this Section. Such rules and regulations shall afford to any aggrieved licensee an opportunity to a full and impartial hearing before the Commission. The Commission shall further have the authority to adopt any and all appropriate rules and regulations of any sort to insure the privacy of telephonic and telegraphic communications. A violation of such rules and regulations shall be a violation of this Chapter.
(c) All telephone companies shall have printed in the next and any subsequent directory, in a conspicuously accessible location within their directories, a notice to the public that there is available without cost at the business office of the telephone company served by the directory a list of subscribers of such equipment which will be made available to

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any member of the general public requesting the same from such companies.

(d) The provisions of this Chapter shall not apply to acts by duly authorized employees of any telephone company regulated by the Public Service Commission, with regard to the reasonable and limited intercept ing of telephone communications under circumstances reasonably calcu lated to assure the privacy of telephone communications when such interception is accomplished solely for the purpose of maintaining the quality of service furnished to the public or for the purpose of prevent ing the unlawful use of telephone service. All such telephone companies shall adopt regulations and procedures consistent with the requirements of this section governing the use of equipment which permits the inter ception of telephone messages by their employees and file the same with the Georgia Public Service Commission. After being filed with the Commission, such regulations and procedures shall be public records.

26-3006. Consent--Exception.
Nothing in Code Section 26-3001 shall prohibit the interception, recording and divulging of a message sent by telephone, telegraph, letter or any other means of communication when the sender and receiver thereof shall expressly or impliedly consent thereto or in those instances wherein the message shall be initiated or instigated by a person and the message shall constitute the commission of a crime or is directly in the furtherance of a crime, provided at least one party thereto shall consent.
26-3007. Evidence Inadmissible.
No evidence obtained in a manner which violates any of the pro visions of this Chapter shall be admissible in any court of this State, except to prove violations of this Chapter.
26-3008. Privileged Communications Inadmissible.
Nothing contained within this Chapter shall permit the introduction into evidence of any communication which is priviledged by the laws of this State, or by the decisions of the appellate courts thereof.
26-3009. Definitions.
As used within this Chapter, the term "private place" means a place where one is entitled to reasonably expect to be safe from casual or hostile intrusion or surveillance. A "device" means an instrument or apparatus used for overhearing, recording, intercepting or transmitting sounds or for observing, photographing, recording or transmitting visual images and which involves in its opeation electricity, electronics, in frared, laser or similar beams, but not including merely focusing, light ing, illuminating equipment, optical magnifying equipment or device commonly referred to as an "individual hearing aid".

26-3010. Punishment.
Any person violating any of the provisions of this Chapter shall be guilty of a felony and upon conviction thereof, shall be punished by im-

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prisonment in the penitentiary for not less than one nor more than five years, or a fine not to exceed $10,000, or both.

CHAPTER 26-31. REDUCIBLE FELONIES--CAPITAL OFFENSES.
Sec.
26-3101. Reducible Felonies
26-3102. Capital Offenses--Jury Verdict and Sentence.
26-3101. Reducible Felonies.
(a) When a defendant is found guilty of a felony punishable by imprisonment for a maximum term of 10 years or less, the jury that determines the sentence may recommend that the defendant be punished as for a misdemeanor. The judge may, in his discretion, follow the re commendation of the jury.
(b) When a defendant is found guilty by the judge of a felony punishable by imprisonment for a maximum term of 10 years or less, the judge may, in his discretion, impose punishment as for a misdemean or.
26-3102. Capital Offenses -- Jury Verdict and Sentence.
Where, upon a trial by jury, a person is convicted of an offense which may be punishable by death, a sentence of death shall not be imposed unless the jury verdict includes a recommendation that such sentence be imposed. Where a recommendation of death is made, the court shall sentence the defendant to death. Where a sentence of death is not recommended by the jury, the court shall sentence the defendant to imprisonment as provided by law. Where, upon a finding of guilty by the court in cases where a jury is waived, or upon a plea of guilty, a person is convicted of an offense punishable by death or imprisonment, the court shall sentence the offender to death or to imprisonment.

CHAPTER 26-99. MISCELLANEOUS.
Sec.
26-9901. Publication of Name or Identity of Female Raped or As saulted; Punishment
26-9902. Trials for Escapes From Penitentiary; Witnesses
26-9903. Convict Witnesses on Trial for Mutiny
26-9904. Who May Be Appointed. Assuming To Act Without Ap pointment

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26-9905. Intermarriage, when prohibited

26-9906. Tippling Houses, Keeping Open on Sabbath

26-9907. Players Competent Witnesses

26-9908. Violating the Sabbath Day

26-9909. Causing Convict to Work on Sunday

26-9901. Publication of Name or Identity of Female Raped or Assaulted; Punishment.

It shall be unlawful for any news media or any other person to print and publish, broadcast, televise, or disseminate through any other medium of public dissemination or cause to be printed and published, broadcast, televised, or disseminated in any newspaper, magazine, per iodical or other publication published in this State or through any radio or television broadcast originating in the State the name or identity of any female who may have been raped or upon whom an assault with intent to commit rape may have been made. Any person or corporation violating the provisions of this section shall, upon conviction, be punished as for a misdemeanor.

26-9902. Trials for Escapes from Penitentiary; Witnesses.
The trial of prisoners escaping from the penitentiary shall be had for such escape before the superior court of the county in which the es cape occurs, and prisoners so escaping shall remain in the penitentiary after their apprehension, and be treated as other convicts, until such trial shall take place; and upon such trial, the copies of the records transmitted to the keeper of the penitentiary, relative to the former trials of such prisoners, shall be produced and filed of record in the said superior court; and any other prisoner or convict, not included in the same indictment, shall be a competent witness.

26-9903. Convict Witnesses on Trial for Mutiny.
On the trial of a convict in the penitentiary for the crime of mutiny, any other prisoner or convict, not included in the same indictment, shall be a competent witness, and the infamy of his character and of the crime of which he has been convicted shall be exceptions to his credit only.

26-9904. Who May be Appointed. Assuming to Act Without Appoint ment.
No sheriff, mayor, or other person authorized by law to appoint special deputy sheriffs, constables, marshals, policemen, or other peace officers, or detectives, to preserve the public peace or detect crime, shall appoint, as such special deputy, special constable, marshal, police man, or other peace officer, or detective, any person who is not a citizen

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of this State, and no person shall assume or exercise such functions, powers, duties, or privileges incident and belonging to the office of special deputy sheriff, special constable, marshal, or policeman, or other peace officer, or detective, without first having received his ap pointment in writing from the lawfully constituted authorities of the State. A list of all persons so appointed shall be filed each January by the person so appointing in the office of the clerk of the superior court of the county where the appointments are made. A person convicted of violating any of the provisions of this section shall be punished as for a misdemeanor.

26-9905. Intermarriage--when prohibited.

Any person who shall marry a person to whom he knows he is related, either by blood or by marriage as follows: (a) Father and daughter or step-daughter; (b) Mother and son or stepson; (c) brother and sister of the whole blood or the half blood; (d) grandparent and grandchild; (e) aunt and nephew; or (f) uncle and niece; shall be punished by imprisonment for not less than one nor more than three
years.

26-9906. Tippling Houses, Keeping Open on Sabbath.

Any person who shall keep open a tippling house on the Sabbath day or Sabbath night shall be guilty of a misdemeanor.

26-9907. Players 'Competent Witnesses.

On the trial of any person for offending against sections 26-2707, 26-2704, 26-2703 or 26-2702, any other person who may have played and bet at the same time or table shall be a competent witness.

26-9908. Violating the Sabbath Day.

Any person who shall pursue his business or the work of his ordi nary calling on the Lord's day, works of necessity or charity only excepted, shall be guilty of a misdemeanor.

26-9909. Causing Convict to Work on Sunday.

Any warden or other prison official who shall cause any convict to do any work on Sunday, except works of necessity, shall be guilty of a misdemeanor.

Section 2.
Specific Repealer.--Title 26 of the Code of Georgia of 1933, as amended, relating to Crimes and Punishment Chapter 26-1, In General; 26-2, Definition of Crime. Intention; 26-3, Infants, Lunatics, Etc., Their Counselors and Instigators; 26-4, Persons Acting Under Coercion or Fear, or While Drunk, or by Misfortune; 26-5, Principals; 26-6, Acces sories; 26-7, In General; 26-8, Treason; 26-9, Insurrection and Attempt

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to Incite Insurrection; 26-10, Homicide; 26-11, Abortion, Foeticide and Infanticide; 26-12, Mayhem; 26-13, Rape; 26-14, Assault and Battery; 26-15, False Imprisonment; 26-16, Kidnapping, Etc.; 26-17, Stabbing and Shooting; 26-18, Blackmail, Threatening Letters, Etc.; 26-19, Conspiracy; 26-20, "Peeping Tom" or Eavesdropper; 26-21, Libel, and Defamation of Virtuous Female; 26-22, Arson and Other Burnings; 26-23, Destroy ing or Injuring House with Exposive Substance; 26-24, Burglary; 2625, Robbery; 26-26, Larceny or Theft; 26-27, Tools Used in Committing Crimes; 26-28, Embezzlement and Fraudulent Conversions; 26-29, State's Property or Money; 26-30, Trespass; 26-31, Forcible Entry and Detainer; 26-32, Unlawful Mining; 26-33; Fraudulent Seizures; 26-34, Using Horse, Skinning Cattle, Etc., Without Owner's Consent; 26-35, Disposing of or Purchasing Drifted Timber; 26-36, Firing the Woods; 26-37, Floating Sawdust into Streams; 26-38, Interfering with Property of Electrical or Gas Companies; 26-39. In General; 26-40, Perjury, False Swearing, and Subornation of Perjury and False Swearing; 26-41, Bribery; Influencing Governor or Head of Department; 26-42, Conspiracy to Defraud State or County; 26-43, Personating in Bail; 26-44, Obstructing Legal Process, and Sentence or Order of the Court; 26-45, Rescue and Escapes; 26-46, Receiving, Harboring, or Concealing Guilty Persons, and Compounding Crimes and Penalties; 26-47, Barratry and Embracery; 26-48, Mutiny and Instigating Mutiny; 26-49, Appointment of Peace Officers and Detec tives; 26-50, Other Offenses Against Public Justice; 26-51, Carrying Weapons, Etc.; 26-52, Dueling; 26-53, Unlawful Assemblies, Riots and Affrays; 26-54, Mob Violence; 26-55, Other Offenses Against Public Peace; 26-56, Bigamy; 26-57, Incest; 26-58, Adultery and Fornication; 26-59, Sodomy and Bestiality; 26-60, Seduction; 26-61, Lewdness; Lewd Houses; Disorderly Houses; Opium Joints; and Keeping Open Tippling Houses on the Sabbath; 26-62, Soliciting for Prostitution; 26-63, Obscene Pictures, and Abusive and Vulgar Language; 26-64, Gaming Houses, Gaming Tables, and Gambling; 26-65, Lotteries, Gift Enterprises, and Trading Stamps; 26-66, Cockfighting; 26-67, Permitting Minor to Roll Tenpins; 26-68, Furnishing Cigarettes to Minors; 26-69, Disturbing Divine Service or Societies; Violating the Sabbath; Intruding on Camp Grounds; Disturbing Schools; Dancing on Sabbath; 26-70, Vagrancy; 26-71, Rogues and Vagabonds; 26-72, Misuse of Flag of United States; 26-73, Offenses Against Public Safety; 26-74, Deceitful Means and Art ful Practices; 26-75, Fraudulent Entries and Practices in Speed Contests; 26-76, Destroying Book or Papers, Landmarks, Buoys, Etc.; 26-77, Burn ing Fences or Crops, and Setting Fire to Woods; 26-78, Injuring Bridges or Dams; 26-79, Killing or Maiming Certain Animals, and Cruelty to Animals; 26-80, Cruelty to Children; 26-81, Act of Malicious Mischief;
Sections 2, 3 and 4 of an Act relating to Subversive activities, Ga. L. 1953, pp. 216, 218, 219; as amended by section 2, Ga. L. 1953, Nov.Dec. Sess., pp. 73, 75;
Section 1 of an Act to amend sections 26-1005 and 27-2302 of the Georgia Code of 1933, relating to the punishment for murder and other capital cases, Ga. L. 1963, pp. 122-123;
An Act to repeal section 26-1010 of Chapter 26 of the Code of Georgia of 1933, and to enact in lieu thereof a section to be known as 26-i.OlO of .Chapter 26 of the Code of Georgia of 1933 so as to provide for the punishment of persons committing the offense of involuntary manslaughter, *Ga. L. 1951, p. 737;

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An Act to amend Code section 26-1302 so as to provide punishment upon conviction of rape, Ga. L. 1960, p. 266;

An Act to make it a criminal offense for any person to take or attempt to take any immoral, improper or indecent liberties with a child of either sex, under the age of 16 years, Ga. L. 1950, p. 387; as amended by Ga. L. 1953, Nov.-Dec. Sess., p. 408;

An Act to amend section 26-1601 of the Code, relating to the crime of kidnapping by redefining the definition of kidnapping, Ga. L. 1953, Nov.-Dec. Sess., p. 99;

An Act to amend section 26-1603 of the 1933 Code of Georgia pro viding the punishment for the offense of kidnapping by changing the penalty from four to twenty years imprisonment to death, Ga. L. 1937, p. 489;
An Act to repeal sections 26-2208, 26-2209, 26-2210 and 26-2211, relating to the crime of arson and the punishment therefor, and to enact other sections relating to said crime or the attempt thereat and pre scribing the punishment therefor, Ga. L. 1949, p. 1118;
An Act to amend Chapter 26-25 to re-define the offense of robbery by force or violence and to fix the punishment for said offense; to create and define robbery by use of an offensive weapon; to re-define the offense of robbery by intimidation; to re-define the offense of robbery by sudden snatching and to fix the punishment for the said offense, Ga. L. 1957, p. 261;
An Act to amend section 26-2502 of the 1933 Code of Georgia, pro viding punishment for robbery by open force or violence, so that the punishment shall be death or life imprisonment instead of four to twenty years, Ga. L. 1937, p. 490;
Section 26-2603 of the Code of Georgia of 1933, relating to larceny of motor vehicles and other vehicles, as amended by Ga. L. 1963, p. 295; Ga. L. 1965, p. 504; Ga. L. 1966, p. 555;
An Act to amend section 26-2609 of the Code of Georgia of 1933 so as to increase the punishment for cattle stealing, Ga. L. 1953, p. 14;
An Act to amend section 26-2611 of the Code of Georgia of 1933 so as to prescribe that the punishment for hog stealing shall be a certain period, Ga. L. 1953, p. 377;
An Act to amend Code Chapter 26-26 so as to increase the punish ment for stealing dogs, Ga. L. 1964, p. 277;

An Act to amend Code section 26-2620, relating to receiving stolen goods, Ga. L. 1961, p. 118;

An Act to amend Code section 26-2625 so as to change the punish ment for certain larcenies when the value of the goods taken exceeds a certain amount, Ga. L. 1966, p. 435;

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An Act to make it a criminal offense for any person to take, use or operate an automobile, motorcycle or other self-propelled motor vehicle without the permission of the owner thereof, Ga. L. 1955, p. 648;

An Act to create and define the offense of shoplifting, Ga. L. 1957, p. 115;

An Act making it unlawful to steal scientific data, etc., Ga. L. 1965, p. 647;

An Act relating to the crime of stealing, etc., trade secrets, Ga. L. 1966, p. 425;

An Act to amend Code Chapter 26-27, so as to prohibit devices used in theft of communication service and provide for criminal penalties, Ga. L. 1965, p. 436;

An Act prohibiting any architect, landscape architect, engineer, con tractor, sub-contractor, or other person, with intent to defraud, using the proceeds of any payment made on account of improvement of real property for any other purpose than to pay for labor or services per formed or material furnished, Ga. L. 1941, p. 480;

An Act to prohibit any person from obtaining credit by use of a credit card issued to another without the consent of the person to whom issued; to prohibit the use of a credit card which has expired or been cancelled; to prohibit the use of a false, fictitious or counterfeit credit card; to prescribe penalties therefor; to define certain words and terms, Ga. L. 1960, p. 1113;

An Act to amend section 26-3002 of the Code of Georgia by striking the same in its entirety and substituting in lieu thereof a new section to make wilful trespass upon lands of another, whether the same be en closed, cultivated, unenclosed or uncultivated, unlawful, Ga. L. 1959, p. 173;
An Act to provide that it shall be a misdemeanor for any person to enter upon any State-owned or operated property where such proper ty has been closed to the public on executive order of the Governor, or by order of the department head having supervision over such property, or by any official having immediate supervision thereover; to provide that notice must first have been given of such closing and to define same; to repeal conflicting laws; and for other purposes. Ga. L. 1956, p. 9;
An Act to make it a misdemeanor for any person to refuse to leave certain premises when requested to do so, Ga. L. 1960, p. 142;
Section 2, Ga. L. 1951, p. 697, 698, amending Code section 26-3601 of the Code of Georgia of 1933 relating to firing of woods;
An Act to define the various penal offenses relating to the firing of foods, lands, marshes, grass, timber and other land in this state, etc., Ga. L. 1956, p. 737;

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103

An Act to amend Chapter 26-36 of the Code, by adding a new section thereto to be known as Section 26-3603 providing that it shall be a felony for any person to maliciously and wilfully fire woods, Ga. L. 1943, p.
302;

An Act to amend Chapter 26-38 of the Code, relative to interfering with property of certain utility companies, so as to make such chapter apply to utilities of political subdivisions of the state; to add three new Code sections to said chapter, making it unlawful to injure or interfere with any property of any company or political subdivision relative to a sewage disposal system, a water system and a communication system, Ga. L. 1957, p. 490;

An Act to amend Code section 26-3805, relating to injuring or inter fering with the property of communication systems and the punishment therefor, so as to change such punishment; to provide for exemptions; to change the word unlawfully to willfully, Ga. L. 1964, p. 768;

An Act to amend Code sections 26-3908, 26-3909, 26-3910, 26-3911 and 26-3912, relating to the counterfeiting, alteration, possession, and knowingly uttering or passing any bank note, bill, check, or draft, so as to extend the provisions of the above sections to all banks, Ga. L. 1959, p. 252;

An Act to amend section 26-4102, of the Code of Georgia of 1933 relating to punishment for bribery, Ga. L. 1949, p. 274;

An Act to amend Code Chapter 26-45, relating to rescue and escape of prisoners, as amended by an Act approved December 17, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 187), so as to provide that it shall be a felony for any person confined or imprisoned for the violation of a municipal ordinance or State law to escape or attempt to escape; to provide that it shall be a felony for any person to aid or assist a prisoner to escape or attempt to escape; to provide a penalty for violation, Ga. L. 1955, p. 578;

An Act to amend section 26-4507 of the 1933 Code relating to the penalty for escape from confinement, as amended particularly by an Act approved March 8, 1955 (Ga. L. 1955, p. 578), so as to clarify the places of confinement covered by said section; to repeal conflicting laws; and for other purposes. Ga. L. 1961, p. 491;

An Act to amend Chapter 26-45 of the Code relating to rescues and escapes so as to provide that it shall be a misdemeanor for any person to escape or attempt to escape prior to conviction after having been lawfully arrested by any peace officer of this State or county thereof, Ga. L. 1953, Nov.-Dec. Sess., p. 187;

An Act to amend an Act entitled "An Act to amend Chapter 26-45 of the Code relating to rescues and escapes so as to provide that it shall be a misdemeanor for any person to escape or attempt to escape prior to conviction after having been lawfully arrested by any peace officer of this State or county thereof; to repeal conflicting laws; and for other purposes.", approved December 17, 1953, (Ga. L. 1953, Nov.-Dec. Sess.,

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p. 187), so as to eliminate the provision that a person be convicted for the crime for which arrested before being guilty under this Act, Ga. L. 1961, p. 556;

A Resolution entitled "To have judges inform all prisoners at the time of sentencing such prisoners that to escape or attempt to escape shall be a felony; and for other purposes," Ga. L. 1955, p. 474;

An Act to provide that whoever moves or travels from the territorial limits of this State with intent to avoid prosecution for the commission of an offense punishable under the laws of this State shall be guilty of a felony, Ga. L. 1966, p. 432;

An Act to revise the laws of Georgia relating to the offense of barratry, Ga. L. 1960, p. 1135;

An Act to prohibit appointed or elected state officials from collecting private funds for the enforcement of the penal laws of the State of Georiga or any of the regulations issued pursuant to law, except as authorized by law; to provide for the receipt and deposit with the State Treasurer of funds voluntarily contributed, Ga. L. 1958, p. 333;

An Act to make it a crime: To improperly influence legislative action; to deal with the State, directly or indirectly, while acting as an officer, employee, or agent of the State; to accept remunerations in addition to compensation provided by law while acting as an officer, employee, or agent of the State; to embezzle or convert public money or records; to convert the property of another while acting as an officer, employee, or agent of the State; to fail to fully account for public money; to misuse public funds or property while acting as a custodian; to accept kickbacks from public employees; to make false statements and entries in public records; to make false acknowledgments or appearances or oaths; to wrongfully use the seal of the State, or any agency thereof; to make false certificates and false statements; to trade in public prop erty while a public officer; and to prohibit conspiracies and restraint of free and open competition in transactions with the State; to enforce the separation of powers provision in the Constitution of the State; to prohibit the offering or accepting of anything of value to influence members of the executive branch of government, the legislative branch of government, or the judicial branch of government, Ga. L. 1959, p. 34;

An Act to amend an Act entitled, "An Act to make it a crime: To improperly influence legislative action; to deal with the State, directly or indirectly, while acting as an officer, employee, or agent of the State; to accept remunerations in addition to compensation provided by law while acting as an officer, employee, or agent of the state; to embezzle or convert public money or records; to convert the property of another while acting as an officer, employee or agent of the State; to fail to fully account for public money; to misuse public funds or property while acting as a custodian; to accept kickbacks from public employees; to make false statements and entries in public records; to make false acknowledgements or appearances or oaths; to wrongfully use the seal of the State, or any agency thereof; to make false certificates and false statements; to trade in public property while a public officer; and to

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prohibit conspiracies and restraint of free and open competition in transactions with the State; to enforce the separation of powers pro vision in the Constitution of the State; to prohibit the offering or accepting of anything of value to influence members of the executive branch of government, the legislative branch of government, or the judicial branch of government; and for other purposes," approved Febru ary 12, 1959 (Ga. L. 1959, p. 34), so as to provide that certain provisions therein shall not apply to any member of the General Assembly who has been an officer or employee of the executive branch of government for more than seventeen years, Ga. L. 1961, p. 42;

An Act to regulate the conduct of officers, employees and agents of political subdivisions, municipal and other public corporations and other public organizations, etc., Ga. L. 1964, p. 261;

An Act to amend Code section 26-5104 of the Code of Georgia of 1933, so as to provide for additional qualifications for licenses to carry pistols and to provide for revocation, Ga. L. 1960, p. 938;

An Act regulating the sale of firearms, including machine guns, prescribing the keeping and sale of such arms and providing a penalty for the violation of this Act, Ga. L. 1935, p. 372;

An Act to regulate or prohibit the wearing of a mask, hood or any device whereby any portion of the face is so hidden, concealed or covered as to conceal the identity of the wearer while upon the public ways in this State or while upon property of any municipality or county in this State or while upon the property of the State, etc., Ga. L. 1951, p. 9;

An Act to prohibit picketing, demonstrating, or other riotous conduct on, around, or adjacent to State property, to provide procedures con nected with the same, Ga. L. 1962, p. 73;

An Act to repeal Section 26-6902 (26-5902) of Chapter 26 of the Code of 1933, which provides for the punishment for one found guilty of the offense of sodomy, and to enact in lieu thereof a section to be known as 26-6902 (26-5902) of Chapter 26 of the Code of 1933 to provide for the punishment of persons committing the offense of sodomy, Ga. L. 1949, p. 275:

Sections 1 and 2 of an Act to penalize any person who shall receive another into any house, place, building, tourist camp or other structure, or conveyance for the purpose of prostitution, etc., Ga. L. 1943, p. 568;

Section 26-6301 of the Georgia Code of 1933, relating to the sale of obscene pictures, books, etc., as amended by Ga. L. 1935, p. 158; Ga. L. 1941, p. 358; Ga. L. 1956, p. 801; Ga. L. 1963, p. 78;

Section 26-6302 of the Georgia Code of 1933, relating to making obscene drawings, prints, etc., as amended by Ga. L. 1935, pp. 158, 159;
An Act to amend Code Chapter 26-63 relating to obscene pictures and written material, as amended, so as to provide that any person who

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shall knowingly sell or exhibit, or who shall knowingly lend or give or offer to lend or give away, or who shall knowingly have possession of, with intent to sell, exhibit, lend, or give away any obscene literature, to any person under the age of eighteen, shall be guilty of a felony, and upon conviction thereof, shall be punished by confinement in the peni tentiary for not less than one year nor more than five years, Ga. L. 1965, p. 488;

An Act to amend Code section 26-6303, relating to the use of abusive or obscene language, so as to prohibit the use of certain language over the telephone; to prohibit the use of the telephone for certain purposes; to provide a penalty therefor; to provide that the prohibitions of this Act be printed in every telephone directory distributed in this State; to provide an effective date; to provide for severability; to repeal conflict ing laws; and for other purposes, Ga. L. 1963, p. 455;

An Act to amend Section 26-6301 of the Code of 1933 so as to include the possession, lending or transportation of any indecent or obscene pictures or literature, or articles of indecent and obscene use, among the acts prohibited and penalized by said Section; and for other purposes, Ga. L. 1941, p. 358;

An Act to prohibit gambling, offering to bet or soliciting bets on the result, events connected with or act of a participant in any game, sport or athletic contest and to provide punishment therefor; to prohibit the giving or offering anything of value to participants and/or others connected with sports and athletic contests, and the acceptance or solicit ing of such things by such persons, with intent to influence the loss or limitation of margin of victory in such sport or contest and to provide punishment therefor, Ga. L. 1947, p. 1139;

An Act to amend the Act approved March 27, 1947 (Ga. L. 1947, p. 1139), relating to gambling or betting on any game, sport or athletic contest and the offering or giving of anything of value to influence the result of any game, sport or athletic contest; to increase the punish ment for giving or offering or soliciting or accepting any record, money or thing of value to influence the result or margin of victory in any sport, game or athletic contest from not less than one nor more than five to not less than five nor more than twenty years, Ga. L. 1952, p. 303;
An Act to provide for more effective enforcement of the gambling and lottery laws of this State, Ga. L. 1966, p. 559;
An Act to prohibit the use of any vehicle or conveyance for the purpose of transporting or conveying in any manner any lottery ticket, lottery book, lottery ribbon or any article or thing used to assist or in connection with keeping, maintaining, or carrying on any lottery or other scheme or device for the hazarding of money or valuable thing; to declare any vehicle or conveyance so used to be contraband; to provide for the seizure, condemnation and sale of any vehicles and conveyances when used for such purpose in violation of this Act; to provide for the distribution of funds arising from the condemnation and the sale of such vehicles and conveyances under provision of this Act; to repeal all laws and parts of law in conflict with this Act, Ga. L. 1945, p. 351;

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An Act to provide that upon the third or subsequent conviction under the lottery statutes, the maximum imprisonment therefor shall be imposed, Ga. L. 1960, p. 60;

An Act to provide that it shall be unlawful to possess any lottery ticket or similar device used in connection with a device or scheme to hazard money or other articles of value, Ga. L. 1966, p. 129;

An Act to promote public health, safety, morals, and general wel fare, by prohibiting the promotion, conduct, and participation in marathon-dance contests, walkathon contests, walk-a-show contests, and similar physical endurance contests either walking or dancing, or any similar physical endurance contest, Ga. L. 1935, p. 367;

An Act to amend Code section 26-6908, relating to fishing on the Sabbath, so as to provide that it shall only be unlawful to engage in commercial fishing on the Sabbath; to provide for a penalty; to except certain counties, Ga. L. 1961, p. 157; as amended by Ga. L. 1962, p. 2344;
An Act to make penal the reporting, or sending in, or communi cating, to any fire department, fire marshal, or others in charge of fires or departments of fires of any municipality, or other governmental sub division, false alarms, false reports, and false information, stating that a fire is at or near a certain place, and declaring same to be a mis demeanor and punishable as such, Ga. L. 1935, p. 373;
An Act to prohibit the use or handling of poisonous snakes or rep tiles in such manner as will endanger the health or safety of the public or any member thereof, etc., Ga. L. 1941, p. 448;
An Act to prohibit the use of a certain walking cane which is white or white tipped with red, except by blind persons, etc., Ga. L. 1950, p. 423;

An Act to declare it to be a misdemeanor to leave in any place accessible to children abandoned, unattended or discarded ice-boxes, re frigerators and the like without removing locks or doors from same; to provide for punishment of such acts; to declare such ice-boxes, and the like public nuisances and to provide for abatement of the same, Ga. L. 1953, Nov.-Dec. Sess., p. 273;

An Act to provide that any person failing to relinquish a telephone party line, to another, in cases of emergency, shall be guilty of and punished as for a misdemeanor; to provide that any person who states that said telephone line is needed for an emergency, knowing said state ment is false, shall be punished in a like manner; to provide that said provisions be printed in every telephone directory distributed in this State, Ga. L. 1960, p. 915;

An Act to prohibit any person from obtaining or attempting to ob tain, by the use of any fraudulent scheme, device, means or methods, telephone or telegraph service or the transmission of a message, signal or other communication by telephone or telegraph with intent to avoid

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payment of the lawful price, charge or toll therefor, Ga. L. 1961, p. 224; as amended by Ga. L. 1965, p. 420;

An Act to provide that it shall be unlawful to willfully remove or obliterate the manufacturer's serial or code numbers appearing on any case, carton, package or container of any tobacco product, Ga. L. 1965, p. 262;

An Act to make it unlawful for any person to abandon any domestic animal, including dogs, Ga. L. 1964, p. 268;

An Act to provide that any person who shall desecrate the burial place of any human body, with intent to rob, steal, mutilate or malicious ly molest the remains of the human body interred therein, shall be punished by death, but the punishment shall be confinement in the peni tentiary for life if the jury trying the case shall so recommend or if the conviction is founded solely on circumstantial evidence, Ga. L. 1941, p. 425, as amended by Ga. L. 1963, p. 390;

An Act to make it unlawful to kill, shoot, injure, or detain, any racing, or homing, or carrier, pigeon having a band on either leg, and provide punishment for violation of this Act, Ga. L. 1943, p. 429;

An Act to amend Chapter 26-81 of the Code, same being entitled "Acts of Malicious Mischief", by adding a new Section thereto to be known as Section 26-8117 providing that it shall be a misdemeanor for any person to empty trash, rubbish, etc., willfully on the right-of-way of any public highway, etc., Ga. L. 1945, p. 278;

An Act to amend Code Chapter 26-20, same being entitled "Eaves dropping, Peeping Tom and Invasion of Privacy" making it unlawful to eavesdrop, possess or sell eavesdropping devices, and providing excep tions, etc., Ga. L. 1967, p. 844;

An Act to amend Code Chapter 26-69 by adding a new Section 266921 to make it unlawful to deface, etc., places of divine worship, etc., Ga. L. 1967, p. 457;

An Act to create and define the offense of inciting to riot, Ga. L. 1967, p. 250;

are hereby repealed in their entirety and the foregoing provisions of the new Criminal Code of Georgia, constituting a new Title 26 are substituted therefor.

Section 3.

Severability.--In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or uncon stitutional, such adjudication shall in no manner affect the other sec tions, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was

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not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts thereof would be declared or adjudged
invalid or unconstitutional.

Section 4.

Effective date.--The provisions of this Act, except as otherwise expressly provided herein, shall become effective January 1, 1969.

Section 5.

Repeal of conflicting laws.--All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Busbee of the 79th asked unanimous consent that further consideration of the Committee substitute to HB 5 be postponed until tomorrow immediately after the period of unanimous consent.

The consent was granted, and HB 5, by substitute, was postponed.

Pursuant to HR 375 adopted by the House and Senate, the Senate appeared upon the floor of the House at 11:30 A.M., and the Joint Session convened for the purpose of hearing a message from His Excellency, Governor Lester G. Maddox.
The Joint Session was called to order by the President of the Senate.

The Secretary of the Senate read the Resolution providing for the Joint Session.
Accompanied by the Committee of Escort and other distinguished guests, Governor Maddox appeared upon the floor of the House.
Lieutenant Governor Smith presented Governor Lester G. Maddox, who delivered the following address:
LT. GOVERNOR SMITH, SPEAKER SMITH, DISTINGUISHED MEMBERS OF THE GEORGIA GENERAL ASSEMBLY, HONORED GUESTS LADIES AND GENTLEMEN OF THE RADIO AND TELE VISION AUDIENCE, FRIENDS, FELLOW GEORGIANS AND MY FELLOW AMERICANS:
It is with pride in the past and optimism toward the future that I come before you today.

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We have just passed through the greatest year in our history far beyond our fondest hopes and dreams of a few years ago.

There has been progress on all fronts.

Georgia has moved into a position of solid leadership in many, many areas.

Americans are watching and listening.

They welcome, they appreciate, what they are seeing and hearing here.

They see Georgians strong in their faith and loyal to their country.

They see Georgians who are not afraid to stand up for constitutional processes and who have the fortitude to fight for what made this nation great.

They see a state of peace, progress, prosperity and leadership.

They see a state of harmony and tranquility.

They see Americanism alive.

These great blessings are ours because of a unity of purpose, a unity of purpose on the part of this distinguished General Assembly, the Governor, the constitutional officers and members of the Judiciary, other officials and employees of state, county and municipal governments and the people.

With a deep sense of appreciation, I express to each of you in this honorable body my everlasting gratitude for the friendship, understand ing, support, cooperation, and counsel which you have extended me in such large measure.

I want to thank you personally on this occasion for I realize, as do the people of Georgia, that the contribution--the tireless contribution-- you have made representing your people and your state has made all of this progress possible.

The year I have served with you has been the most rewarding of my life.

You helped to make it so.

I want to thank you for that.

And, too, there is a warm spot in my heart, as I know there is in yours, for the people of Georgia.

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PEOPLE FOUNTAINHEAD OF GOVERNMENTAL AUTHORITY

I feel sure that you would want to join me in expressing our grati tude to the wonderful people of our state for the opportunity to serve them, how fortunate we are that they have reposed in us, as their servants, their confidence, their hopes, their ideals, their aspirations, and their prayers.

And you know, as well as I, that as we begin our labors here we are determined to keep their faith and trust and to ever hold it high.

Our duty--yours and mine--is to the people.
They are the fountainhead of all governmental authority.
Because of their involvement, their interest and their support, I am encouraged, I am inspired, I am dedicated to meeting the task ahead, to fulfilling my responsibility as Governor of this state.
As Chief Executive, one with enduring faith in our republican form of government, I support with all my being the re-emergence of the legislative establishment to perform its full, functioning role as a part ner in the progress of our state.
It is my fervent hope and prayer that our national Congress will do likewise.

PEOPLE WANT INDEPENDENT LEGISLATURE AND GOVERNOR
Believing this as I do, having been taught this . . . feeling it with all my heart, I am a firm supporter of legislative independence, legis lative independence with a correspondingly high sense of responsibility, legislative independence coupled with constructive thought and with constructive action.
The people want an independent legislature, one determined to carry out their wishes--and, an independent Governor--beholden to none, free to act with clear conscience as he has been taught by the word of God in accordance with the directions given him by the people he serves and bound only by his solemn oath of office and his pledge to serve the best interest of the people ... all the people ... all the time.
This is a task ever with us.
Under this concept, you and I can carry out what the people deserve what they expect of us, what they demand of us.
During the coming weeks of this legislative session as has been my policy in the past--I will make myself available at all times to render whatever service and help that I can in matters of paramount interest to the growth and development of our state.

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As a strong advocate of self-government, I believe that we have proven to the nation and the world that we--as political leaders and citizens--can identify and solve our own problems in our own way.

We have afforded the entire nation an example of the proper exer cise of states' rights and states' responsibilities as envisioned by our founding fathers.

And, by so doing, we have given in irrefutable answer to those who seek further consolidation of national power on the grounds that the states and their local political subdivisions are incapable of governing themselves.

GEORGIA IS SUCCEEDING IN EDUCATION

We are succeeding with the business of government in Georgia and proof of it is reflected in the record.

Within a few short months, we in Georgia have assumed a position of leadership in education.

At the stroke of midnight on December 31, 1967, Georgia completed its most historic and progressive year in both common school and higher education.

We opened the doors of our public schools to more than 21,000 new students and have provided more than 1,600 new classrooms.

We have financed a $700 dollar salary increase for public school teachers, enabling Georgia to close the gap on what heretofore has been a critical teacher shortage.

We have expanded and enriched the educational programs within the University System of Georgia by providing, for the first time, special funds to improve the quality of the programs at our state's institutions of higher learning.

The appropriations we provided the State Board of Regents this fiscal year amount to an increase of 30 million dollars, a 40 percent increase, over the previous year, the greatest dollar increase ever in any single year.

This great advance in higher education not only improved its quality
but also enabled us to provide a college education for an additional 8,000 young Georgians this year.

I know you share with me great pride in having been a part of this meaningful program for education.

It's end result, I am confident, will mean much to Georgia, our children and their future.

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Our success in implementing a crash program in education, however, is but one of many accomplishments which our partnership has pro duced.

In the field of mental health, we have made greater strides than ever before in developing in our state a modern program of mental health and mental retardation.

Two new regional hospitals for the mentally ill are now under con struction in Atlanta and Augusta. Construction will soon begin on an other one in Savannah. Plans are underway to construct similar facilities in Columbus and Rome during this administration.

Each succeeding General Assembly has had to cope with an everrising population at Central State Hospital.

I am happy to report to you and to herald to all Georgians the most significant development in mental health in our time--a reversal of this trend, a reduction in the population there in the past year of 2,000 patients.

In agriculture, Georgia farms are producing more than ever before. 1967 was truly a banner year for farmers and the services rendered both to the farmer and the consumer by the State Department of Agri culture were expanded and improved.

Our Forestry Department, acclaimed by many as one of the nation's finest, has expanded its program of forest fire protection into every Georgia county, a milestone which has been the goal of professional foresters and forest owners for years.

The prompt and decisive action by you and this administration last year in traffic safety has resulted in the substantial saving of lives-- the first annual reduction in the number of fatalities in six years.

TRAFFIC SAFETY LEGISLATION
Because of my personal concern about Georgia's traffic safety prob lems, I appointed a special traffic safety study committee to recommend to me, and to you, solutions to these problems.
This committee will present to you a package of legislative pro posals for your consideration during this session. I am sure that each of these measures merits your careful study. I want to emphasize, par ticularly, the need for your enactment of a law imposing jail sentences for those convicted of drunk driving. This, in my opinion, will do more to reduce slaughter on our highways than any other weapon in the arsenal of traffic safety.
I believe that elected public officials, law enforcement officials and the courts have evaded their responsibility in dealing with this serious problem.

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It is a responsibility which we can no longer run from.

We are dealing with a question of life and death and, in my judg ment, we have failed to place the proper emphasis on life.

Your enactment of strong and enforceable legislation to deal with the problem of drunk driving, coupled with vigorous enforcement and proper action by the courts can save hundreds of lives annually.

It could well be your own lives or the lives of your families or friends that you save.

I urge you to give serious thought and immediate action to this matter.

We created the state department of traffic safety, the first in the Southeast, and the second in the nation to receive Federal approval.

We have provided for the addition of 100 men to the force of the Georgia Highway Patrol and we are doing a better job than ever of en forcing traffic laws, rules and regulations.

In the overall area of law enforcement, we have strengthened the Georgia Bureau of Investigation and transformed it into a more modern, effective and professional law enforcement agency.

We have also declared war on crime in Georgia and made it known to one and all that crooks, criminals, and influence peddlers are un wanted in our state and while I'm Governor they will receive my strong est opposition.

For the first time in history, a special Governor's Commission is at work examining all aspects of organized crime, as well as law enforce
ment methods and procedures. This select committee will report its findings to me and to you and we, together, will determine what is needed to control crime in Georgia.

In Wildlife and fish conservation, the State Game and Fish Depart ment has broadened and expanded its operations and has merited the confidence it now has among the sportsmen of the state.

RECORD OF HONESTY, EFFICIENCY AND MORALITY
1967 saw the Maddox Platform of the previous year put into prac tice.
We promised sound government, responsible, conservative govern ment with emphasis on honesty, morality and efficiency and, with your help, we are providing our people just that.
In keeping with my pledge and my own personal convictions, the Maddox administration has removed the business of government from behind closed doors and from smoked-filled rooms.

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We have opened the doors and raised the shades so that the people can see the inside of the government . . . the soiled, as well as the clean . . . the bad, as well as the good.

This is true in Corrections, Law Enforcement, Industry and Trade, and all other state departments.

It is a policy we will continue and one which assures Georgians that they will get the kind of honest, progressive, efficient government they deserve.

RECORD YEAR IN INDUSTRIAL GROWTH

1967 was a banner year in Georgia for industrial growth.

From a state of disorganization, we have reorganized the State Department of Industry and Trade, just as I promised you and the people of Georgia in 1966.

Georgia now has the most successful industrial development pro gram in the history of our state.

We are moving!

We are selling Georgia to the nation!

Proof of this is found in the year end report of new and expanded industries issued only a few days ago.

Contrary to the prediction in some quarters, this report shows that new and expanded industry last year reached an all-time high of more than 422 million dollars, and this figure my friends does not include an $150 million dollar atomic power generating plant which Georgia won as the best location over several competing states.

Not counting this, the total investment in new and expanded indus try in Georgia during calendar 1967 was almost 50 million dollars more than in any preceding year.

It is significant, I believe, that more than $327 million dollars of this industrial growth occurred during the last six months of the year, a growth in six months which is far greater than the average annual growth during the past 10 years. And, all of this occurred since the first budget of the Maddox Administration took effect on July 1, 1967.

With the $500 thousand I requested and which you appropriated, along with an additional $400 thousand dolllars which I made available, we carried the message of Georgia's industrial potential and tourist attractions to the nation and the world.

For the first time, we told the Georgia story on television in 17 major markets from coast to coast. And we are pursuing a massive

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media campaign projecting the theme that "Georgia's got it!" in the
newspapers, magazines, travel guides, periodicals and highway bill boards.

This one-year intensive advertising campaign of selling Georgia far exceeds any other four-year period in history.

TOURISM AND RECREATION REACH NEW PINNACLE

Tourism and recreation in Georgia today have reached new pin nacles. Visits to the state's seven operating welcome centers almost doubled in 1967 when more tourists than ever visited Georgia.

PARK ATTENDANCE UP SUBSTANTIALLY

Simultaneous with the growth in our tourist trade has been the public use of recreation and camping facilities at Georgia's state parks.

Attendance at our 42 state parks reached an all-time high during 1967--a total of almost six and one-half million. During the past 12
months receipts received from state parks totaled $28.7 percent over the previous year. This is ten times the income from state parks only six years ago.

JEKYLL ISLAND, STONE MOUNTAIN SETTING NEW RECORDS

Two of the nation's top attractions--Jekyll Island and Stone Moun tain--are undergoing their greatest period of development during this administration and both are setting new attendance records daily.

We extended Merit System coverage to seven additional state agen cies which brings to 24,000 the number of state employees now protected by the State's Personnel Agency.

We instituted new purchasing procedures designed to make state purchasing more competitive and assuring that the taxpayers of Georgia receive the best quality and quantity for every tax dollar.
We provided the first general increase in state aid for our senior citizens, the blind, the disabled and dependent children since 1963 and the largest since November of 1958.

We moved ahead of many states in implementing Medicaid in order to provide every dollar and every assistance possible at this time under the program.

In the last six months, five regional youth development centers have been opened and a sixth one will soon be ready at Gainesville.
These, along with seven urban county detention centers that furnish services to adjoining counties under special arrangements with the Divi sion of Children and Youth, give Georgia the nation's finest system of youth treatment Centers.

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Every public official who deals directly with juvenile offenders has been fully informed about the purpose of these Centers. There is no longer any reason for putting a boy or girl in jail with adult offenders.

We also made significant progress in the construction, improve ment and maintenance of Georgia's highways.

NEW VETERANS' PROGRAMS UNDERWAY

Benefits for veterans reached new heights in 1967:

It was the first full year of operation of a 572 bed VA hospital in DeKalb County; We appropriated more than 900 thousand dollars for the construction of the 150 bed Carl Vinson Building and an occupa tional therapy workshop at the Georgia War Veterans Home at Milledgeville, and 1967 saw the beginning of the construction of a 192 bed skilled nursing home for veterans at Augusta.

CORRECTIONS
Georgia, unfortunately, was one of the last states in the nation to lay to rest the infamous "chain gang" concept of corrections with its philosophy of vindictive retribution.
The stripes and the leg irons came off decades ago but, even so, we have yet to deal a death blow to harmful ideas that punishment, not rehabilitation, is the key to restoring wrong-doers to useful lives.

We all recognize the fact that it is no easy job to administer justice
to those who run afoul of the law and those who violently commit crimes against society.

We appreciate the dedicated employees who perform the often dangerous and always thankless task involved in the operation of our prison system. Theirs is a difficult job and they deserve the support and gratitude of all Georigans.

We are determined to provide Georgia with an enlightened and ef fective penal program.

We're going to begin anew, if that's what it takes, to have a system which helps inmates shape their futures, rather than one preoccupied with reminding them of their pasts.
Such action, in my opinion, is extremely necessary if we are to have the type of prison system which our people want and our state deserves.

PARDONS AND PAROLES
In the whole area of corrections and executive clemency, this ad ministration has not been willing to sweep the dust under the carpet.

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We have not been intent to sit by while the system imposed such harsh discrimination upon the individual.

This administration has shed the light of day upon conditions which have been existent for a long time by initiating the first in-depth into the conduct of the State Board of Pardons and Paroles.

I am sure that there is no need for me to explain to you the mean ing of recent events as they relate to the operations of that Board.

You are familiar with the shocking findings of Attorney General Arthur Bolton.

You are also familiar with his recommendations.

And I am certain that you are aware of the steps that have been, and are being, taken by this administration toward correcting any irregularities in the granting of executive clemency.

I have requested that the Board of Pardons and Paroles get its own house in order through the adoption of adimnistrative policy and pro cedures to bring its business out into public view so that people may
know and the press of the state may know exactly what action is being taken at any given time.

I was amazed to learn that this Board had never had a formal, public meeting at which its business is transacted.

I do not believe that we should leave anything to chance but, rather, we should adopt legislation to make it very certain that the Parole Board will not again lapse into loose or haphazard practices,

I am proposing for your consideration a complete program of vitallyneeded legislation which will protect the interest of society.

I will also propose to you during this session a number of legislative measures which are necessary to modernize state government and make it more effective.

The first of these are three constitutional amendments relating to the Board of Industry and Trade, the State Game and Fish Commission and the State Board of Corrections.

I am recommending that these three boards be structured to assure the best possible service to the people, and that their membership be consistent with fair representation of the entire state.

Therefore, I propose that:

. . . The State Board of Corrections be increased from five to 15 members, one from each of Georgia's 10 congressional districts with five additional members to be appointed state at large.

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. . . The State Game and Fish Commission be increased from its present 11 members to 15, one from each congressional district and five additional members to be appointed state at large, with one of the atlarge appointments coming from one of Georgia's six coastal counties.

. . . And, that the State Board of Industry and Trade be reduced from 20 to 15 members, one representing each congressional district and five additional members representing the state at large.

I want to make it clear that the present members of the Boards affected by this legislation will continue to serve their present appointed terms. This will in no way effect the tenure of any board member presently serving his appointed term.

In all cases, members of boards appointed state at large will serve at the pleasure of the Governor, their terms running concurrently with that of the Governor.

I shall also propose a bill amending Code Section 27-101, empower ing the Governor--upon approval of the Attorney General and the Director of the Department of Public Safety--to offer and pay rewards, not to exceed $25,000 dollars, for information leading to the arrest and conviction of the person or persons responsible for any felony committed in this state.

Tax relief by government is always a rare privilege, especially at a time when the people are overburdened by the cost of government at all levels.

I will submit to you two tax relief measures, the first of which will empower the General Assembly to raise the limits of homestead exemp tion from a low of $1,250 dollars and a high of $2,000 dollars to new limits of $2,000 as a low and $4,000 dollars as a high. This will also provide that homestead exemption be deducted from the value assessed for ad valorem tax purposes and not fair market value of the property.
The second of these provides that all property subject to taxation be taxed at 40 percent of its fair market value. This, of course, will place on the statute books what has already been approved by the courts.
Among other bills to be offered is one designed to put a halt to the obnoxious practice of fleecing tourists and our own people by those resorting to tactics commonly practiced in places referred to as "clip joints".
This legislation makes the practice of keeping, maintaining, or carrying on any game for the hazarding of money or other things of value a felony.
I want to make it clear that this legislation is intended solely to rid Georgia forever of clip joint operators and establishments.
I believe that this legislation will encourage the victims of these unscrupulous operators to return to Georgia and testify against them.

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It is my judgment that the State should provide funds to pay the ex penses of witnesses who return to Georgia to testify in these cases.

I also believe that the time has come for us to take a careful look at our laws concerning riots, civil disobedience and insurrections.

I am submitting for your consideration a measure which is similar to those already enacted by other states.

It defines the crime of rioting and makes it a felony.

It makes it prima facie evidence of participation in a riot if the accused were present at the scene of a riot and failed to leave after being requested to do so by a duly authorized law enforcement official.

It makes it a felony to manufacture, possess, transport or use socalled "molotov cocktails" or any other device designed to explode and cause physical harm.

WORKMAN'S COMPENSATION

I will ask you to authorize the largest single increase in workman's compensation benefits in the history of our state.

I will submit to you legislation which:
. . . increases benefits for total incapacity from a maximum of $37.00 to $50.00 weekly; increase benefits for partial incapacity, permanenet partial handicaps and maximum burial benefits. I am also pro posing that maximum medical payments be increased from $2,500 dollars to $5,000 dollars, plus allowances for artificial limbs. These improve ments in Workman's Compensation are the minimum I feel necessary and in my judgement are in the best interest of employers and employees.

GAINFUL EMPLOYMENT
This administration during the past year has supported the policy of the State Department of Labor in giving training to unemployed persons and getting them into gainful and productive employment in the Labor Market.

Toward this end, the administration assisted and cooperated with the Federal Bureau of Employment Security in making possible the Atlanta Metropolitan Area Manpower Center at No. 1 Peachtree Street-- the first of its kind in America--which will afford counseling and job placement for thousands of workers each year in this area.

When brought to full operation, the Manpower Center will afford services for industrial and service workers and be of great importance to the youth in this area.
We are determined to do everything possible to bring gainful em ployment to every segment of our society. It is my conviction that the

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Manpower Center here will have great social and economic impact in the years to come.

UNEMPLOYMENT COMPENSATION
Also, in line with my policy of assisting deserving workers of this state I am lending my support to legislation designed to eliminate the one-week waiting period for unemployment insurance. This legislation will be applied only to those workers who are laid off through no fault of their own and will be designed to encourage them to seek employment more rapidly than in the past. Appropriate safeguards will be contained to protect the trust fund. Certainly, if a worker is laid off through no fault of his own he needs to buy groceries for his family the first week of unemployment as well as the other weeks.

SCHOOL CONSOLIDATION
I have publically stated my feeling on the matter of school consoli dation many times.
The news media has carried statements and accounts of my proposals in this regard for several months.
Therefore, I do not feel it necessary to outline completely my pro posed legislation on this matter at this time.
But I want to assure you that the administration's school consolida tion legislation will have the full support and backing of this Governor.
I believe it is absolutely essential, if we are to provide the kind of education our children must have, that we must preserve local control of education and retain the voice of the people in matters concerning the education of their children.
The exercise of local control of education is democracy in action.
It is the American way.
I have said time and time again that I support consolidation of schools when it is in the best interests of our children and the future of our state.
But I feel that all of us will be delinquent in our duties if we stand idly by and see our school system ruined and our children deprived simply because a handful of people want to consolidate our schools.
The legislation which I am presenting to you will assure school consolidation where it is needed and protect local schools from unneces sary consolidation.

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ELECTION LAWS

Last year I made my position clear about the need for adopting suitable measures affecting future general elections.
Now is the time to do that in order to submit it to the people in this year's general election and while election year differences are in the background.
We should provide in our state constitution--the people want us to provide--a runoff general election when no candidates receives a ma jority of the votes cast in the general election.
So that there can be no misunderstanding, let me emphasize that the general election would be open to all candidates, party nominees, independents, and write-in votes would be permissible.
But, if a general election is held, and no candidate receives a majority of the votes cast, the two candidates determined to have the highest number of votes should settle the contest in a runoff general election where only those votes cast for those two candidates would be counted and tabulated.
In keeping with a campaign pledge, I will continue my support of a constitutional amendment providing additional homestead exemption for peace officers, firemen, and members of the armed forces injured in the line of duty, provided that such injury exceeds 20 percent or more of total disability.
The same benefits authorized by this legislation will also apply to widows of these dedicated public servants so long as they remain unwed.
I am also asking you to provide state scholarships to state institu tions for the dependents of peace officers and firemen totally or perma nently disabled or killed in the line of duty.
These things for which I ask, for police officers, firemen, custodial officers and military personnel who face grave danger and often lose their lives in providing a safer and better state in which to live, are the least which we can give.
Ladies and gentlemen of Georgia and the Georgia General Assembly, the legislation I will submit to you is vital to the future of Georgia.
I sincerely endorse its enactment into law.
Proposals and legislation I shall offer for your consideration and endorsement, in my sincere judgement, will be in the best interest of Georgia and all her people.
Never, never will I offer special interest legislation for the benefit of a few at the expense of many.

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123

I ask of you now and I shall ask of you in the future for your under standing, your counsel, your cooperation and your prayers.

I ask nothing now, nor will I ever, for the political present or the political future of Lester Maddox.

For my fellow Georgians, the political present and future of Lester Maddox, or that of any one individual, is of little importance, but the present and the future of our beloved state is of great importance.

I am grateful that the Georgia General Assembly is composed of devoted and dedicated Georgia men and women like you.
It is a pleasure and an honor for me to be privileged to work with you, and for you, as we launch into the deep and fill our nets with the ingredients that will assure our building a cleaner, greater and more prosperous Georgia. It is my hope that, as we travel together, it will be my good fortune to be blessed with your understanding, confidence and friendship.
You . . . you . . . and you ... all members of this august body and Georgians everywhere, have my assurance that I shall strive in every thought and action to conduct myself in such a way as to merit your trust and friendship today -- and tomorrow.
I am convinced that this General Assembly and this Administration have the greatest opportunity ever afforded a Georgia General Assembly and a Georgia Administration to be of service to the people, to Georgia, and to America.
It is an opportunity that requires each of us to realize and to accept the awesome responsibility which is ours.
It is an opportunity that demands that we give all we can give, that we be dedicated, determined and resolute in measuring up to the challenge that is ours, a challenge that in truth, we have asked for.
We must pay the price, we must sacrifice, when duty demands it.

In a nation where the crime rate is increasing some seven times faster than our population, this General Assembly can, through its ac tions, direct America back on the path of law and order.

In a nation which bears the scars of rioting, burning, looting, and draft card burning -- the 1968 General Assembly of Georgia can provide the void in leadership and lead Americans back to peace, tranquility, progress and patriotism.

In times like these, when some insist God is dead, that his name should be removed from our oath of office, from our coins and court rooms, from the pledge of allegiance to our flag and county, when some insist the Name of God and His word must not be spoken or read by,

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or to, our children in the public schools -- members of the Georgia General Assembly of 1968 can; through their actions, say to the nation and to the world that God is not dead -- He lives -- He lives within our hearts, He guides us in our deliberations and we publically and unashamedly profess our faith in Him.

In a nation blessed with an abundance of material things, but where there is too much neglect for the less fortunate, you and I can lead our nation toward a real concern and compassion for the helpless, the needy and the handicapped, as God and our conscience would have us do.

On every hand we see the soul of America decaying.

Dishonesty, inefficiency and immorality run rampant.

I plead with the members of this distinguished body, and my fellow Georgians everywhere to lend their support and cooperation to this administration so that Georgia and Georgians can be the state and the people which leads all America toward honesty, efficiency, and morality.

While some are speaking out for socialism, communism, and atheism,
let the members of this General Assembly and all Georgians cry out for free enterprise, Americanism, God and liberty.

Let us begin and end our deliberations fully aware of the truism that without God and liberty no society can be great.

Let us be sure that our deliberations and decisions are not partisaned. Let's not think just of ourselves, our own local communities, our own state. Let's think of all America -- and God.

Perhaps, some of you say that the task is too tough.

I say to you that the tougher our assignment, the more glorious and the more rewarding our success.

Georgians and Americans are crying out for courageous leader ship.

I urge you to be the state legislature which provides it.

You say it can't be done ?

You ask what's the use? You feel it's impossible?

I refer you to the year 1966 when one Georgian faced insurmountable odds, when there was no chance for victory, when on every hand the voices doom cried out, "It can't be done, what's the use, it's impossible" and were heard throughout Georgia and America.

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125

One man with the help of God and the people, with faith in America, overcame tremendous odds and won a significant victory.

I am sure that we all realize that total success in reaching the goals which I have outlined will be difficult, trying, often disappointing and always tough.

But your chances for victory are far greater than the chances of the man in 1966 of which I spoke.
One strong, fearless, dedicated and God-fearing patriotic legisla ture can do the job and return America to its rightful place as the greatest, freest and cleanest nation on earth.

When the annals of history are recorded, let them say to the world that the members of the 1968 Georgia General Assembly heeded the call of Georgians and Americans -- that they set the course for our state and country to return to law and order, to peace and tranquility, to free enterprise, to patriotism, to obedience to God, and yes, that you, more than any state legislature in American history, fought for the restoration and preservation of sensible and constitutional government.

Will you accept the challenge? Will you work to carry out the programs ? I am depending on you.

But, more important, the people of Georgia and America are depend ing upon you.

Thank you and Godspeed.

Senator Coggin of the 35th moved that the Joint Session be now dissolved, and the motion prevailed.

The President of the Senate announced the Joint Session dissolved.

The Speaker called the House to order.

Mr. Busbee of the 79th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia Wednesday, January 10, 1968.

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

The following devotion and prayer was offered by Dr. G. Othell Hand, Pastor, First Baptist Church, Columbus, Georgia:
Our lives must be anchored with golden ropes that gives us purpose-meaning-hopes.
Know the ropes and you will be free, to know them not means salvery.
What are these priceless golden strands holding freedoms unknown in other lands.
These friend, are the Ropes of Gold, that all our priceless freedoms hold. To look around, at a distant star To look ahead at horizons far To look upward to the dawn To trust in God and carry on.

By unanimous consent the call of the roll was dispensed with.

Mr. Black of the 56th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:

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127

1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

HB 867. By Messrs. Mullinax and Ware of the 42nd, Palmer and Malone of the 117th, Potts of the 33rd and others:
A bill to be entitled an Act to place certain restrictions on the sale of phonograph records or magnetic tapes so as to reduce the sale of said records or tapes which would tend to incite riots and cause a general decay of the morals of the State; and for other purposes.
Referred to the Committee on Industry.

HR 382-867. By Mr. Townsend of the 140th:
A Resolution voting impeachment charges against Mrs. Rebecca L. Garrett; and for other purposes.
Referred to the Committee on Judiciary.

HR 383-867. By Mr. Townsend of the 140th:
A Resolution voting impeachment charges against J. W. Claxton; and for other purposes.
Referred to the Committee on Judiciary.

HB 868. By Mr. Harris of the 118th:
A Bill to be entitled an Act to amend Code Section 53-503, relating to wife feme sole as to her separate estate and binding separate estate, so as to remove the provisions relating to binding her separate estate by any contract of suretyship, assumption of the debts of her husband, and by sale of her separate estate made to a creditor of her husband in extinguishment of his debts; and for other purposes.
Referred to the Committee on Judiciary.

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HB 869. By Messrs. Parker of the 55th, Brown of the 34th and Mullinax of the 42nd:
A Bill to be entitled an Act to amend an Act providing for grants to counties, so as to provide that the State Treasurer shall disburse grants on a quarterly basis; and for other purposes.
Referred to the Committee on State of Republic.

HB 870. By Mr. Melton of the 34th:
A Bill to be entitled an Act to amend Code Section 9-103, relating to the qualifications of applicants for admission to the practice of law, so as to provide certain exceptions and exemptions from the educational requirements prescribed for admission to the practice of law; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 871. By Messrs. Brown and Melton of the 34th, Parker of the 55th, Savage of the 58th and Holder of the 70th:
A Bill to be entitled an Act to amend Code Section 32-911, relating to im munization of pupils of public schools, so as to provide for immunization of public and private school children as a condition precedent to admis sion; to make violation a misdemeanor; and for other purposes.
Referred to the Committee on Education.

HB 872. By Mr. Johnson of the 25th:
A Bill to be entitled an Act to amend an Act incorporating the City of Bowman, in the County of Elbert, to change the term of office of the Mayor from one year to two years and to change the term of office of the Clerk and Treasurer from one year to two years and to provide that the Clerk and Treasurer shall be elected by the Mayor and City Council instead of by the voters as now required; and for other pur poses.
Referred to the Committee on Local Affairs.

HB 873. By Mr. Johnson of the 25th:
A Bill to be entitled an Act to amend an Act to change the compensation of the Sheriff of Elbert County, so as to require the Sheriff to furnish to the Board of Commissioners annually a recommended budget for his needs and requirements as to deputies and their salaries, vehicles, office employees and supplies to operate his office; and for other purposes.
Referred to the Committee on Local Affairs.

HB 874. By Messrs. Westlake and Davis of the 119th, Winkles of the 120th, Lane of the 126th, Oglesby of the 92nd and others:
A Bill to be entitled an Act to amend Code Section 34-201 relating to

WEDNESDAY, JANUARY 10, 1968

129

the State Election Board, so as to change the composition of the State Election Board; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 875. By Messrs. Lovell of the 6th, Potts of the 33rd, Smith of the 44th and Williams of the 16th:
A Bill to be entitled an Act to amend an Act known as the "Motor Vehicle Certificates of Title Act", so as to provide that the certificate of title shall contain the certificate or origin of the vehicle; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 876. By Messrs. Lovell of the 6th, Potts of the 33rd and Smith of the 44th:
A Bill to be entitled an Act to amend the Uniform Act Regulating Traffic on Highways, so as to remove certain provisions relating to the inspection of motor vehicles, to remove certain provisions relating to certificates of inspection; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 877. By Messrs. Bennett of the 95th, Sullivan of the 95th and Cox of the 127th:
A Bill to be entitled an Act to restore the right of suffrage and the right of citizenship to Albert J. Schroer, Jr.; and for other purposes.
Referred to the Committee on Judiciary.

HB 878. By Messrs. Paris of the 23rd, Jordan of the 82nd, Jenkins of the 119th, Colwell of the 5th, Chandler of the 47th and Richardson of the 116th:
A Bill to be entitled an Act to amend Code Chap. 91-1A known as the "State Properties Control Code", so as to provide that the State Prop erties Control Commission shall be authorized to sell as well as lease certain State owned real properties; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 879. By Messrs. Paris of the 23rd, Jordan of the 82nd, Jenkins of the 119th, Colwell of the 5th, Chandler of the 47th and Richardson of the 116th:
A Bill to be entitled an Act to amend Code Title 91 relating to public property, so as to provide for the inventorying of State owned real property; and for other purposes.
Referred to the Committee on Special Judiciary.

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HB 880. By Mr. Bennett of the 95th:
A Bill to be entitled an Act to amend Code Section 36-605, relating to the payment of costs of condemnation proceedings, so as to change the responsibility for payment of costs and fees; and for other pur poses.
Referred to the Committee on Judiciary.

HR 384-880. By Mr. Chandler of the 47th: A Resolution compensating Mr. Alton Brown; and for other purposes.
Referred to the Committee on Appropriations.

HR 385-880. By Mr. Colwell of the 5th:
A Resolution compensating Clyde Ravan, doing business as Community Grocery; and for other purposes.
Referred to the Committee on Appropriations.

HR 386-880. By Messrs. Chandler and Harrington of the 47th:
A Resolution proposing an amendment to the Constitution, so as to create the Milledgeville-Baldwin County Industrial Development Au thority; and for other purposes.
Referred to the Committee on Local Affairs.

HB 883. By Messrs. Farmer of the 29th, Ragland of the 109th, Russell of the 92nd, Snow of the 1st, Leonard of the 3rd and others:
A Bill to be entitled an Act to amend Code Chapter 79-5, relating to the procedure to be followed by persons desiring to change their name or their children's names, so as to provide the clerk etc. with authority to issue a certificate of the change of name etc; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 884. By Messrs. Farmer of the 29th, Miller of the 108th, Ragland of the 109th, Dickinson of the 27th, Rullell of the 92nd and others:
A Bill to be entitled an Act to amend Code Section 59-201, relating to the qualifications of grand jurors, so as to provide that no elected or appointed county or municipal official and no member of any county or municipality or both shall be competent to serve as a grand juror while serving as such official or member; and for other purposes.
Referred to the Committee on Special Judiciary.

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131

HR 387-884, By Messrs. Smith of the 54th, Chandler of the 47th and Murphy
of the 26th: A Resolution accepting the bid of the Louisville and Nashville Railroad Company to lease the Western and Atlantic Railroad; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 885. By Mr. Richardson of the 116th:
A Bill to be entitled an Act to amend Code Section 92-1403, relating to the excise tax on distributors of motor fuels and exemptions, so as to allow the purchaser of motor fuels to be used exclusively in aircraft motors to claim the exemption previously allowed to dealers of such motor fuel; and for other purposes.
Referred to the Committee on Ways and Means.

HR 388-885. By Mr. Stalnaker of the 59th: A Resolution compensating Mr. Oroon D. Winston; and for other pur poses.
Referred to the Committee on Appropriations.

HB 886. By Mr. Dixon of the 83rd:
A Bill to be entitled an Act to amend an Act comprehensively revising the laws relating to subpoenas and other like processes and providing for the attendance of witnesses and fees thereof, so as to provide for the payment of fees to certain peace officers required to attend court and testify on behalf of the State during any hours except regular duty hours to which the officer is assigned; and for other purposes.
Referred to the Committee on Judiciary.

HB 887. By Mr. Farmer of the 29th: A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide for the exemption of the sale and purchase of food for human consump tion from the tax imposed by said Act; and for other purposes.
Referred to the Committee on Way and Means.

By unanimous consent, the following Bills and Resolutions of the House were read the second time:

HB 839. By Messrs. Williams and Wood of the 16th, Johnson of the 40th, Anderson of the 71st, Lambros of the 130th, Adams of the 125th, and Dillon of the 128th:
A Bill to be entitled an Act to amend Code Section 68-214, relating to motor vehicle license plates and their description, so as to require

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that the faces of license plates shall be treated with a reflective material in order to reduce road accidents and improve the visibility and legibility of license plates after dark; and for other purposes.

HB 840. By Messrs. Williams of the 16th, Dillon of the 128th, Lambros of the 130th, Cox of the 127th and Wood of the 16th:
A Bill to be entitled an Act to amend an act creating the Department of Public Safety and providing for the issuance, suspension and re vocation of motor vehicle driver licenses, so as to provide for the expira tion of all driver licenses on the birth date of that year in which the age of the licensee is evenly divisible by four; to provide for the renewal of such licenses; and for other purposes.

HB 841. By Messrs. Williams and Wood of the 16th, Johnson of the 40th, Lambros of the 130th, Anderson of the 71st, Adams of the 125th and Dillon of the 128th:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to change the speed restrictions for vehicles traveling on four lane limited access highways; and for other purposes.

HB 842. By Messrs. Williams and Wood of the 16th, Johnson of the 40th, Ander son of the 71st, Adams of the 125th, Dillon of the 128th and Lane of the 126th:
A Bill to be entitled an Act to provide that the State Board of Education shall prescribe by rules and regulations that a driver education course shall be included as part of the curriculum of all public high schools in this State by the 1968-69 school year; and for other purposes.
HB 843. By Messrs. Williams and Wood of the 16th, Johnson of the 40th, Adams of the 125th, Dillon of the 128th, Cox of the 127th and Levitas of the 118th:
A Bill to be entitled an Act to provide for the use of speed detection devices by counties and municipalities; to provide for permits for the use of such devices from the Department of Public Safety; and for other purposes.
HB 844. By Mr. Shanahan of the 8th:
A Bill to be entitled an Act to provide for the Gordon County Develop ment Authority, to provide for the members of the Authority, their terms and method of appointment; and for other purposes.
HB 845. By Mr. Shanahan of the 8th:
A Bill to be entitled an Act to create a board of commissioners of roads and revenues for Gordon County; and for other purposes.

WEDNESDAY, JANUARY 10, 1968

13?

HB 846. By Mr. Higginbotham of the 119th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt the sale of food to be consumed on the premises of private elementary schools by pupils and employees from the taxes imposed by said Act; and for other purposes.

HB 847. By Messrs. Lewis and Newton of the 50th:
A Bill to be entitled an Act to amend an Act creating the City Court of Waynesboro in Burke County, so as to change the compensation of the judge and solicitor of said court; and for other purposes.

HB 848. By Mr. Mauldin of the 18th:
A Bill to be entitled an Act to amend an Act incorporating the City of Franklin Springs in the County of Franklin, so as to change the terms of office of the Mayor and Councilmen of said City; and for other purposes.

HB 849. By Messrs. Lane of the 126th, Cox of the 127th, Dillon of the 128th and Davis of the 119th:
A Bill to be entitled an Act to create the Board of Recreation Examiners of the State of Georgia as a division of the Georgia Recreation Com mission; and for other purposes.

HB 850. By Messrs. Levitas of the 118th, Egan of the 141st and McClatchey of the 138th:
A Bill to be entitled an Act to adopt the Uniform Deceptive Trade Practices Act; and for other purposes.

HB 851. By Messrs. Levitas and Harris of the 118th:
A Bill to be entitled an Act to amend Code Chapter 26-19 relating to conspiracy, so as to provide that conspiracy to commit a crime shall be a crime; and for other purposes.

HB 852. By Mr. Howell of the 86th:
A Bill to be entitled an Act to provide that the Commissioners of Roads and Revenues of Early County shall be elected by the electors of the entire county; and for other purposes.

HB 853. By Messrs. Games of the 129th, Cooper of the 16th, Fallin of the 94th, Lane of the 126th and Dodson of the 107th:
A Bill to be entitled an Act to amend an Act establishing Juvenile Courts,

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so as to change provisions relating to jurisdiction and procedure and to clarify provisions relating to rights of juvenile offenders; and for other purposes.

HE 377-853. By Mr. Johnson of the 25th:
A Resolution to recreate the Elbert County Industrial Building Au thority, to provide for powers, authority, funds, purposes and procedure connected therewith; and for other purposes.

HR 378-853. By Messrs. Williams and Wood of the 16th, Johnson of the 40th, Anderson of the 71st, Adams of the 125th, Dillon of the 128th and Lane of the 126th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to allocate not more than 10% of all fines and forfeitures derived from violations of traffic laws and ordi nances to the Department of Education for the purpose of providing a program of instruction in driver education in the public schools of this State; and other purposes.

HR 379-853. By Messrs. Carnes of the 129th, Lane of the 126th, Dodson of the 107th, Cooper of the 16th and Fallin of the 94th:
A Resolution creating the Juvenile Court Law Study Commission; and for other purposes.

HB 854. By Mr. Dodson of the 107th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' Consumers' Sales and Use Tax Act", so as to exempt all Federal and State excise taxes which are imposed upon motor fuel from the tax imposed by said Act; and for other purposes.

HB 855. By Mr. Funk of the 116th:
A Bill to be entitled an Act to provide that it shall be a breach of warranty for any manufacturer of a motor vehicle to notify the pur chaser thereof to surrender the vehicle to the manufacturer or its agent for the purpose of having corrections made in defects and imperfections known or suspected to exist in vehicles sold by the manufacturer; and for other purposes.

HR 380-855. By Mr. Gaynor of the 114th:
A Resolution compensating Mr. Joseph E. Hinely, Jr.; and for other purposes.

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135

HB 856. By Mr. Lambros of the 130th:
A Bill to be entitled an Act to provide a system for the identification of persons who are not qualified to acquire or possess firearms or firearm ammunition; and for other purposes.

HB 857. By Mr. Lambros of the 130th:
A Bill to be entitled an Act to define the offense of unlawful sale of firearms; to define the offense of unlawful possession of firearms and firearm ammunition; and for other purposes.

HB 858. By Mr. Shuman of the 65th:
A Bill to be entitled an Act to amend an Act incorporating the City of Springfield, so as to change the date of election for Mayor and Aldermen; and for other purposes.

HB 859. By Mr. Shuman of the 65th:
A Bill to be entitled an Act to amend an Act abolishing the offices of Tax Receiver and Tax Collector of Bryan County, and creating the office of Tax Commissioner, so as to change the compensation of the Tax Commissioner; and for other purposes.

HB 860. By Mr. Shuman of the 65th:
A Bill to be entitled an Act to amend an Act supplementing the com pensation received by the Ordinary of Bryan County, so as to change the compensation to be paid to the Ordinary; and for other purposes.

HB 861. By Mr. Lee of the 35th:
A Bill to be entitled an Act to amend Code Title 114, relating to Work men's Compensation, so as to change certain benefits; to change proce dures for review of settlements; and for other purposes.

HB 862. By Messrs. Parker of the 55th, Lewis and Newton of the 50th, Wiggins and Threadgill of the 32nd, Nessmith of the 64th and Reaves of the 99th: A Bill to be entitled an Act to amend an Act providing for grants to certain municipalities, so as to provide that the State Treasurer shall disburse grants on a quarterly basis; and for other purposes.
HB 863. By Mr. Henderson of the 102nd: A Bill to be entitled an Act to amend Code Chapter 84-15, relating to the regulation of the practice of veterinary medicine, so as to require

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the attendance of applicants for renewal licenses at educational pro grams prior to the renewal of licenses to practice veterinary medicine; and for other purposes.

HB 864. By Messrs. Henderson of the 102nd and Nessmith of the 64th:
A Bill to be entitled an Act to amend Code Section 88-1305 relating to the Radiation Control Council, so as to provide that one member of the council shall be a veterinarian; and for other purposes.

HB 865. By Mr. Richardson of the 116th:
A Bill to be entitled an Act to provide that it shall be unlawful for any person to possess a firearm during the commission or attempt to commit any felony; and for other purposes.

HB 866. By Mr. Richardson of the 116th:
A Bill to be entitled an Act to provide that it shall be unlawful for any person to have in his possession a firearm in, or in close proximity to, any area in which a riot is taking place or in any area which has been designated by the governing authority of any county or munici pality, or by the Governor, as a riot area; and for other purposes.
HR 381-866. By Messrs. Townsend of the 140th, Snow of the 1st:
A Resolution creating a commission to study the processes and opera tions of the legislative branch of the government of the State of Geor gia; and for other purposes.
HB 881. By Messrs. Paris of the 23rd, Wamble of the 90th, Sims of the 131st, Sherman of the 105th, Harris of the 14th and others:
A Bill to be entitled an Act to establish a violation point system for the assessment of points for all of the various moving traffic violations occurring within or without the State of Georgia which are committed by holders of Georgia driver's licenses; and for other purposes.
HB 882. By Messrs. Paris of the 23rd, Wamble of the 90th, Sims of the 131st, Sherman of the 105th, Harris of the 14th and others:
A Bill to be entitled an Act to amend the financial responsibility law; to provide that when proof of financial responsibility is required by said Act the financial responsibility shall be maintained for certain periods of time after the reinstatement of the licenses; and for other purposes.
Mr. Williams of the 16th, Chairman of the Committee on Motor Vehicles, sub mitted the following report:

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137

Mr. Speaker:

Your Committee on Motor Vehicles has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 839. Do Pass. HB 843. Do Pass. HB 842. Do Pass. HB 881. Do Pass. HB 882. Do Pass.

Respectfully submitted, Williams of the 16th, Chairman.

Mr. Clarke of the 45th, Chairman of the Committee on Local Affairs, sub mitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bills and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 844. Do Pass. HB 845. Do Pass. HB 847. Do Pass. HB 848. Do Pass. HB 852. Do Pass. HB 858. Do Pass. HB 859. Do Pass. HB 860. Do Pass. HR 377-853. Do Pass.
Respectfully submitted, Mr. Clarke of the 45th, Chairman.

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The following Resolutions of the House were read and adopted:

HR 389. By Messrs. Harris, Farrar, Walling and Levitas of the 118th:

A RESOLUTION

Commending the 1967 Decatur High School Football Team, its Head Coach, Assistant Coaches and Student Managers; and for other pur poses.

WHEREAS, the Decatur High School Football Team successfully completed its regular 1967 season without defeat by posting victories as follows:

Decatur 21 Griffin

7

Decatur 36 Cross Keys

7

Decatur 27 Marist

7

Decatur 42 Southwest

Dekalb

0

Decatur 14 Westminster

3

^

*Decatur 27 Druid Hills

0

I

*Decatur 14 Briarcliff

3

*Decatur 35 Gordon

7

*Decatur 24 Avondale

14

*Decatur 31 Towers

0

thus winning the Regular 5-AAA Championship; and

WHEREAS, the Decatur High School Football Team there-after defeated Lakeside High School (the Region 4-AAA Champions) by the score of 28 to 10 in a Playoff Game; and

WHEREAS, the members of the Decatur High School Football Team distinguished themselves by their spirit, zeal and performance on the field of play in achieving this enviable record; and
WHEREAS, the members of this great team are: Larry Armstead; Bobby Baber; Johnny Bayby; John Barnes; Rusty Caughman; Alan Chadwick; Dennis Chadwick; Eric Cole; Mike Cole; Dickie Cronic; Wayne Floyd; Buddy Gaddy; Bob Guenther; Tommy Hill; Johnny Hornibrook; Doug Jarboe; Ronnie Jenkins; Ronald Johnson; Ken Johnston; Steve Jones; John Kline; Butch Lance; Phil Legg; Jimmy Lewis; Kirn Meador; Mike Montgomery; Mike Munhall; Donnie Nation; Charles Penuel; Graham Philips; Ray Porter; Tony Powell (Captain) ; David Puckett; Steve Roberts; Tom Roberts; Jay Rogers; Dennis Simpson;

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Bill Stafford; Eric Taggart; Rick Tierney; Bill Trawick; Bucky Wright; and Terry Zackery; and its student managers are: Chuck Alexander; Henry Heege; Cris Jones; Mauro Madruga, Maurio Pinera; Phil Street; and DeWitt Wingo.

NOW, THEREFORE, BE IT RESOLVED that the HOUSE of RE PRESENTATIVES of the GENERAL ASSEMBLY OF GEORGIA does hereby extend its heartiest congratulations to each and every member of the 1967 Decatur High School Football Team, to its Head Coach, Franklin Brooks, to its Assistant Coaches, Larry Watson and Buddy Blankenship, and to the entire Student Body.

BE IT FURTHER RESOLVED that the Clerk of the House is here by authorized and directed to send a copy of this Resolution to each member of the Football Team, to each Student Manager, to each Coach and to the Principal of Decatur High School.

HR 390. By Mrs. Merritt of the 68th:
A RESOLUTION
Congratulating the Honorable Lester G. Maddox, the Honorable Frank E. Coggin, the Honorable Louise W. Truman, and the Honorable William Hardman for providing Georgia with the winning float in the Tournament of Roses Parade; and for other purposes.
WHEREAS, the first float ever entered by the State of Georgia in the Tournament of Roses Parade, Pasadena, California, won the Na tional Trophy--the highest honor that can be awarded to any entrant by the Tournament of Roses Association; and
WHEREAS, the Honorable Frank E. Coggin, Senator from the 35th District, originated the idea for the float; and
WHEREAS, the Honorable Lester G. Maddox, Governor of the State of Georgia, turned the idea into a reality by requesting the Honor able Louis W. Truman, Executive Director of the Georgia Department of Industry and Trade, and the Honorable William Hardman, Director of the Tourist Division of the Department of Industry and Trade, to over see the construction and designing of the float; and
WHEREAS, the float, which was entitled "Georgia--a State of Adventure", recreated an antebellum mansion as depicted in the motion picture "Gone With The Wind" and was constructed with thousands of orchids, roses, azaleas, camellias, gardenias and chrysanthemums; and
WHEREAS, the float was further assured of a winning performance by the presence of two of Georgia's most lovely ladies: Miss Sandra McRee, Miss Georgia; and Miss Angie Thompson, Miss See Georgia First.

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that the heartiest congratulations for a job well done be extended to the Honorable Lester G. Maddox, the Honorable Frank G. Coggin, the Honorable Louis W. Truman and the Honorable William Hardman.

BE IT FURTHER RESOLVED that the Clerk of the House is here by instructed to transmit a copy of this Resolution to the Honorable Lester G. Maddox, the Honorable Frank G. Coggin, the Honorable Louis W. Truman and the Honorable William Hardman.

HR 391. By Mr. Johnson of the 40th:
A RESOLUTION
Commending the 1965-1966 Warren County High School Football Team and Coaching Staff; and for other purposes.
WHEREAS, the 1965-1966 Warren County High School Football team won the State Class C Football Championship for the year 19651966; and
WHEREAS, the team's performance was a direct result of the excellent abilities of its coaching staff; Head Coach Ray Lamb and As sistant Coach Hale Burnette; and
WHEREAS, the 1965-1966 Warren County High School Football Team defeated eleven outstanding opponents, four of which were held scoreless, and each member of the team demonstrated courage, dignity and dedication to the highest ethics and morals throughout the school year; and
WHEREAS, the 1965-1966 Warren County High School Football Team was composed of twenty-nine (29) outstanding Youths; Mansel McTier, Tommy Duckworth, Howard Neal, Larry McCord, George Wall, Charles Shivers, Forest L. Garner, Billy Ellis, Mike Hodges, C. F. John son, Ronnie McMahon, Hal Wheeler, Hershell Coxwell, Ronny Duckworth, Bobby Thigpen, Lindsey Smith, Tommy Johnson, Sammy Simons, Douglas Ellis, Ricky Thrift, Gary Garner, Ken Jackson, Randy Pearson, Alien Haywood, Thad Johnson, Dennis Coxwell, Wally Hinesley, Russ Hinton, and Doug Johnson.
NOW, THEREFORE BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends and congratu lates the 1965-1966 Warren County High School Football Team, Head Coach Ray Lamb and Assistant Coach Hale Burnette on its outstanding performance in winning the 1965-1966 Class C Football Championship.
BE IT FURTHER RESOLVED that the Clerk of the House is here by instructed to transmit a sufficient number of copies of this Resolution to Head Coach Ray Lamb for presentation to each member of the 19651966 Warren County Football Team.

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HR 392. By Messrs. Lewis and Newton of 50th:

A RESOLUTION

Expressing sorrow for the death of Lt. Jackson Elliott Cox; and for other purposes.

WHEREAS, the life of a courageous Marine, Lt. Jackson Elliott Cox, was claimed on the field of battle on March 25, 1967, in the vicinity of Gio-Linh, Republic of Vietnam, while in the service of the United States of America; and

WHEREAS, Lt. Jackson Elliott Cox, whose life was taken at the brink of adulthood, lived a fuller, more worthwhile existence than most men twice his age: He graduated from Waynesboro High School where he was Secretary of the Senior Class; voted "most popular," "most athletic," "friendliest," and "best all around" by his fellow students; named to the All-State Football Team; played Varsity basketball for four years; served on the declamation team for four years; was active in district music; played Varsity golf for three years; served on the school newspaper staff for two years; graduated from the University of Georgia in 1965 with a BBA degree in Commerce; was vice-president and chaplain of the Sigma Alpha Epsilon social fraternity; and he was active in the Fellowship of Christian Athletes; and

WHEREAS, Lt. Jackson Elliott Cox served in Vietnam for nine (9) battle-filled months with the men of Delta Company when his life was ended by a hostile mortar shell; and

WHEREAS, Lt. Jackson Elliott Cox, while only having lived twentyfive (25) years, demonstrated courage, generosity, intelligence, strength and compassion to his fellow Georgians, and he gave his life in order that lesser men might trod upon the Earth free from oppression and strife.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASEMBLY OF GEORGIA that both Houses of the General Assembly do tender to the parents and friends of Lt. Jackson Elliott Cox their heart felt sorrow for the loss of such a courageous, accomplished and out standing youth.

BE IT FURTHER RESOLVED that the Clerk of the House of Re presentatives is directed to send a copy of this Resolution to the parents of Lt. Jackson Elliott Cox: Mr. and Mrs. Sidney C. Cox, 859 Liberty Street, Waynesboro, Georgia.

HR 393. By Messrs. Rowland and Joiner of the 48th; Douglas and Gay of the 60th:
A RESOLUTION
Expressing regret at the passing of Honorable J. Eugene Cook; and for other purposes.

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WHEREAS, Honorable J. Eugene Cook, Associate Justice of the Supreme Court of Georgia, passed away April 14, 1967; and

WHEREAS, he was born in Wrightsville, Johnson County, Georgia, April 12, 1904, attended Wrightsville High School and received his A.B. degree and law degree at Mercer University with highest honors; and

WHEREAS, while attending Mercer, he was named Master Mercerian, the greatest tribute which could be bestowed upon a student and was also President of his fraternity and other campus organizations; and

WHEREAS, also while attending Mercer, he met Julia McClatchey, a student at Wesleyan College in Macon, whom he married on June 28, 1928; and

WHEREAS, Mr. Cook served as Solicitor of the City Court of Wrightsville, Judge of the City Court of Wrightsville, and Solicitor General of the Dublin Judicial Circuit and, while serving as Solicitor General, he received statewide recognition for obtaining the largest num ber of convictions ever achieved by a Solicitor General and for obtaining the first murder conviction in Twiggs County; and

WHEREAS, in 1943, he was appointed State Revenue Commissioner by Governor Ellis Arnall and, in 1945, was appointed by Governor Arnall as Attorney General, which office he held longer than any other Attorney General in the history of the State; and

WHEREAS, Mr. Cook's length of service as Attorney General was a national record and, in recognition of his outstanding service, he was elected President of the National Association of Attorneys General for the 1953-54 term, the first Georgian to hold this office; and

WHEREAS, during Mr. Cook's entire political career, he never lost an election and had the distinction of serving his State during the administration of seven Governors; and
WHEREAS, in June of 1965, Governor Carl Sanders appointed Mr. Cook as Associate Justice of the Supreme Court of Georgia, an office to which he was reelected in 1966; and
WHEREAS, Mr. Cook is survived by two sons; Eugene Cook, Jr., and Charles McClatchey Cook; a brother, James Monroe Cook; and two grandchildren; and
WHEREAS, he served with distinction and dedication in all the various public offices which he held and his passing is a tremendous loss to all the citizens of this State.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that the members of this body hereby pay their respects to the memory of Honorable J. Eugene Cook and express their sincerest and deepest sorrow at his passing. The sympathy of all the members of this body is hereby extended to the members of his family.

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143

BE IT FURTHER RESOLVED that the Clerk of the House is here by instructed to transmit a copy of this Resolution to Mr. Cook's family.

HR 394. By Mr. Johnson of the 40th:
A RESOLUTION
Congratulating the coaching staff and players of the Thomson High School Football Team for winning the Class A Football Crown; and for other purposes.
WHEREAS, the Thomson High School Bulldogs won the 1967 State Class A Football Championship by going undefeated against twelve strong opponents; and
WHEREAS, the Team's coaching staff--Head Coach Paul Leroy; Assistant Coach Cleveland Lott; B Team Coach Ed Mclntyre; and As sistant Coach Barry Hemphill--demonstrated to the sporting world their superb ability and dedication to excellent football; and
WHEREAS, the team gave up only 26 points, shut out ten opponents and scored 317 points during the 1967 season; and
WHEREAS, each member of the Thomson High School Football Team conducted himself in accordance with the highest principles of morality throughout the school year, thus leaving spectators and mem bers of the public with a favorable impression of the school, its team, and high school athletes; and
WHEREAS, the Team consisted of 41 excellent athletes: Wayne Perdue, Roddy Attaway, Tommy Williamson, David Pentecost, Tommy Brown, Monty Nelson, Lemmy Brooks, Wayne Ansley, Mac Bowman, David Young, Pat Rogers, Ricky Powers, Buddy Norris, Dan Coxwell, Nelson Irving, Johnny McCarty, Harold Eubanks, Mike Reese, Ray Guy, Lucky Chandler, Jim Bradshaw, Alien Hall, Jimmy Wall, David Baggett, Billy Lokey, Rich Hawes, Jack Johnson, Tim Gilmore, Charlie Cummings, Albert Sheppard, John Bledsoe, Tommy Lockett, Carl Gunn, Jerry Randolph, Kenneth Jones, Tommy Sprouse, Andy Knox, Glenn Reese, Bob Wilson, Sammy Ellison, and Lewis Richardson.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby extends its heartiest con gratulations to the football team and the coaching staff of Head Coach Paul Leroy on winning the State Class A Football Championship.
BE IT FURTHER RESOLVED that the Clerk of the House is here by instructed to transmit a sufficient number of copies of this Resolu tion to Head Coach Paul Leroy, Thomson High School, Thomson, Geor gia, for presentation to each member of the Team.

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The following Resolutions of the Senate were read and adopted:

SR 141. By Senators Webb of the llth, Coggin of the 35th and Smith of the 18th:
A RESOLUTION
Extending an invitation to Senator Richard B. Russell to address a joint session of the House of Representatives and Senate; and for other purposes.
WHEREAS, Honorable Richard B. Russell, Senior United States Senator from the State of Georgia, has served continuously in the United States Senate since January 12, 1933; and
WHEREAS, he has rendered outstanding service to his state and his nation, particularly in his role as Chairman of the Senate Armed Services Committee; and
WHEREAS, he has compiled an illustrious record as a faithful and devoted servant and is known and recognized throughout the world for his achievements since he has been a member of the United States Sen ate; and
WHEREAS, the General Assembly would be honored to hear an address by its Senior Senator.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that Senator Richard B. Russell is hereby ex tended a most cordial invitation to address a joint session of the House of Representatives and Senate at 11:00 o'clock a. m. on January 15, 1968 in the Hall of the House of Representatives.
BE IT FURTHER RESOLVED, that a joint session of the House of Representatives and the Senate be held in the Hall of the House of Representatives at 10:30 o'clock a. m. on the aforesaid date for the purpose of hearing an address from Senator Russell.
BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker, and seven from the Senate to be named by the President, be appointed to escort Senator Russell to the Hall of the House of Representatives.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby instructed to transmit a copy of this Resolution to Senator Russell.

Pursuant to the provisions of SR 141, the Speaker appointed as a Committee of Escort on the part of the House the following members:

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145

Messrs. McCracken of the 49th, Underwood of the 61st, Levitas of the 118th, Matthews of the 94th, Lovell of the 6th, Longino of the 122nd and Busbee of the
79th.

3R 142. By Senators Webb of the llth, Coggin of the 35th and Smith of the 18th:
A RESOLUTION
Extending an invitation to Senator Herman E. Talmadge to address a joint session of the House of Representatives and Senate; and for other purposes.
WHEREAS, Honorable Herman E. Talmadge, Junior United States Senator from the State of Georgia, has distinguished himself as a faith ful and devoted servant; and
WHEREAS, he is one of the foremost leaders in an effort to pre serve our constitutional form of government and is an ardent advocate of the sovereignty of states and a champion of states' rights; and
WHEREAS, the General Assembly would be honored to hear an address by its Junior Senator.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Senator Herman E. Talmadge is hereby extended a most cordial invitation to address a joint session of the House of Representatives and Senate at 11:00 o'clock a.m. on January 15, 1968 in the Hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the Hall of the House of Re presentatives at 10:30 o'clock a. m. on the aforesaid date for the pur pose of hearing an address from Senator Talmadge.
BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker, and seven from the Senate to be named by the President, be appointed to escort Senator Talmadge to the Hall of the House of Representatives.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby instructed to transmit a copy of this Resolution to Senator Talmadge.

Pursuant to the provisions of SR 142, the Speaker appointed as a Committee of Escort on the part of the House the following members:

Messrs. McCracken of the 49th, Underwood of the 61st, Levitas of the 118th, Matthews of the 94th, Lovell of the 6th, Longino of the 122nd and Busbee of the 79th.

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The following Resolution of the House was read and referred to the Com mittee on Rules:

HR 395. By Mr. Dillon of the 128th:
A RESOLUTION
Amending the Rules of the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that House Rule 212 is hereby amended by adding after the following:
"24. University System of Georgia.", the following:
"25. Urban Affairs and Municipal Services.", and by renum bering Ways and Means Committee and Welfare Committee as 26 and 27 respectively.

Under the general order of business, the following Bill of the House was again taken up for consideration:

HB 5. By Messrs. Smith of the 54th, Steis of the 100th and Harris of the 118th:
A Bill to be entitled an Act to revise, supersede and consolidate the Criminal Code of Georgia; and for other purposes.

Mr. Harris of the 118th asked unanimous consent that further consideration of the Committee substitute to HB 5 be postponed until tomorrow immediately after the period of unanimous consent.

The consent was granted, and HB 5 was postponed until tomorrow.

Mr. Harris of the 118th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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147

Representative Hall, Atlanta, Georgia Thursday, January 11, 1968.

The House met pursuant to adjournment at 10:00 o'clock, A. M., this day and was called to order by the Speaker.

The following prayer was offered by Rev. Jack B. Gillespie, Pastor, Carnesville Methodist Church, Carnesville, Georgia:
God of our Fathers, and our God, give us the long view of our work and our world. May Thy will be done here, and may Thy program be carried out, above party and personality, beyond time and circumstance; for the good of Georgia, our nation, and the peace of the world.
Forgive us that in our day men and nations have gone after strange gods, worshiping the state and offering human sacrifice to war.
Forgive us, 0 God, the price we have been willing to pay for racism and clanism, the vainglory of men, the lust for personal gain. Make us to know that the state is of human institution. Teach us that the wages of sin is death. May we repent and turn again.
Though our sins be as scarlet, forgive us, 0 God, and cleanse our ways from divisiveness and selfishness.
Unite this Legislature in opposition to crime and evil.
Grant that each Representative here may love his state, and obey her laws and be obedient to Thee.
Give each the courage to take his stand with Thee and be led accord ingly in his decisions . . . and if men persecute us and say all manner of evil against us, let us rejoice in the divine comradeship of the Cross, as we follow in nearer company with Christ in the redemption of our state and the world.
Send now Thy Holy Spirit upon us.
Grant us wisdom in our time to build a great state. Help us to search out and remove the causes of strife and discord.
Teach us to control our economic life, that profits, pressure for markets and materials, and selfish interest of finance shall not longer destroy the integrity of our state and our government.
Help us to build the instruments of peace and brotherhood in this leg islative body, in our Senate, and in our courts.
Give us the grace to use these means not alone for prevention of strife and riots, but in providing for the economic needs of each and every citizen in a NEW BROTHERHOOD OF MAN.

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Our Father, remove now from our hearts the very seeds of hate, all enmity and selfishness and strife.

Give us humility, and goodwill toward every man. May Thy Kingdom come within us, that we may bear more moving witness to Thy ways of love and peace.

In the name of Jesus Christ, our Lord . . . AMEN.

By unanimous consent the call of the roll was dispensed with.

Mr. Black of the 56th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

HB 888. By Messrs. Westlake, Davis and Higginbotham of the 119th, and Smith of the 117th:
A Bill to be entitled an Act to amend Code Section 39-1103, relating to the selection of and requirements for the official organ of counties, so as to provide that annually the official organ of each county must file

THURSDAY, JANUARY 11, 1968

149

with the ordinary, sheriff and clerk of the superior court a certificate certifying that the official organ meets the requirements and qualifica tions prescribed for official organs; and for other purposes.

Referred to the Committee on State of Republic.

HB 889. By Mr. Cato of the 89th:
A Bill to be entitled an Act to amend Code Section 24-2727, relating to the fees of the clerk of the superior courts, so as to change the fees of the clerk relating to the recording liens, mortgages and deeds; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 890. By Mr. Cato of the 89th: A Bill to be entitled an Act to abolish the fee system of compensating the various county officers; and for other purposes.
Referred to the Committee on State of Republic.

HB 891. By Mr. Cato of the 89th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Civil Practice Act", so as to provide that the clerk as well as the judge may grant an order that service may be made by publication of the summons; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 892. By Mr. Cato of the 89th:
A Bill to be entitled an Act to require the Board of Education of each county or independent school system to publish a summary of all re ceipts and expenditures of said board of education on a monthly basis; to provide for a detailed and itemized list of all expenditures and re ceipts which shall be available for public inspection; and for other pur poses.
Referred to the Committee on Education.

HB 893. By Messrs. Douglas and Gay of the 60th:
A Bill to be entitled an Act to amend an Act creating the City Court of Dublin, so as to change the name of the City Court; and for other purposes.
Referred to the Committee on Local Affairs.

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JOURNAL OP THE HOUSE,

Mr. Thompson of the 110th asked unanimous consent that the following Bill of the House be ordered engrossed:

HB 894. By Mr. Thompson of the 110th:
A Bill to be entitled an Act to amend Code Section 53-204, relating to the application and issuance of marriage licenses, so as to provide alterna tive methods of obtaining parental consent when the parents or guardians of underage applicants reside in a jurisdiction other than the jurisdiction where the marriage license is to be issued; and for other purposes.

The consent having been granted, HB 894 was ordered engrossed and referred to the Committee on Judiciary.

Mr. Thompson of the 110th asked unanimous consent that the following Bill of the House be ordered engrossed:

HB 895. By Mr. Thompson of the 110th:
A Bill to be entitled an Act to amend Code Section 53-204, relating to the application and issuance of marriage licenses, so as to provide that in specified cases underage applicants may be married without parental consent; and for other purposes.

There was objection.

Mr. Thompson of the 110th moved that HB 895 be ordered engrossed.

On the motion to order engrossed, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Ballard Barber Battle Berry, C. E. Berry, J. K. Bond Branch Bray Buck Busbee

Carnes Gates Cheeks Clarke Collins, M. Colwell Cooper, B. Cooper, J. R. Cox Crowe, William Daugherty

Davis Dean Dent Dillon Dodson Dollar Dorminy Egan Fallin Farrar Floyd

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151

Gary Gaynor Gignilliat Graves Grier Gunter Hale Harris, J. R. Harris, R. W. Howell Hutchinson Jenkins Johnson, A. S. Joiner Jones, M. Jordan, G. Kaylor Lambert Lambros Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas

Longino Lovell Lowrey Malone Matthews, C. Maxwell Melton Merritt Mixon Moore, Don C. Mullinax Northcutt Palmer Parker, H. W. Peterson Pickard Potts Reaves Ross Russell Scarlett Shanahan Simmons

Sims Smith, G. W. Smith, J. R. Smith, W. L. Starnes Steis Thompson, A. W. Thompson, R. Threadgill Townsend Turner Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Westlake Wiggins Williams Wilson, R. W. Wood

Those voting in the negative were Messrs.

Black Blalock Brantley, H. L. Crowe, W. J.
Dailey Douglas Edwards Gay Hall Harrison Henderson Higginbotham

Hill Holder Hood Howard Kirksey Lane, Dick Lane, W. J. Leonard Magoon McClatchey McDaniell Murphy

Nessmith Odom Otwell
Paris Parker, C. A.
Roach Rowland
Rush Savage Winkles

Those not voting were Messrs.:

Alexander Anderson Barfield Bennett Bostick Bowen Brantley, H. H. Brown, B. D. Brown, C. Caldwell Cato Chandler Cole

Collins, J. F. Conner Cook DeLong Dickinson Dixon Doster Farmer Fleming Funk Grahl Hadaway Hamilton

Hargrett Harrington Harris, J. F. Johnson, B. Jones, C. M. Jordan, W. H. Knapp Laite Land Lewis Mason Matthews, D. R. Mauldin

152
McCracken Miller Moate Moore, J. H. Moreland Nash Newton Nimmer Oglesby Pafford Parrish

JOURNAL OF THE HOUSE,

Phillips Poss Ragland Rainey Richardson Sherman Shields Shuman Smith, V. T. Snow Stalnaker

Sullivan Sweat Tucker Tye Underwood Wells Whaley Wilson, J. M. Mr. Speaker

On the motion to order engrossed, the ayes were 101, nays 34.

The motion having prevailed, HB 895 was ordered engrossed and referred to the Committee on Judiciary.

Mr. Tye of the 115th stated that he had been called from the floor of the House when the vote was taken on the motion to engross HB 895, but had he been present, would have voted "aye".

HB 896. By Mr. Douglas of the 60th:
A Bill to be entitled an Act to amend Code Section 92-3106, relating to personal exemptions and credits for income tax purposes, so as to allow a taxpayer who is the head of a household to claim a $600 exemption for certain dependents who are students; and for other purposes.
Referred to the Committee on Ways and Means.

HB 897. By Mr. Douglas of the 60th:
A Bill to be entitled an Act to amend Code Section 49-102, relating to natural guardians and the appointment of another guardian in the event the natural guardian fails or refuses to give bond or surety; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 898. By Messrs. Jones of the 76th, Adams of the 125th, Williams of the 16th, Ross of the 31st, Johnson of the 40th and others:
A Bill to be entitled an Act to amend an Act creating a State Board of Registration for Used Car Dealers, so as to change the definition of the terms "Established Place of Business" and "Used Car Dealer"; and for other purposes.
Referred to the Committee on Motor Vehicles.

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153

HB 899. By Messrs. Parker of the 55th, Barber of the 24th, and Farrar of the 118th:
A Bill to be entitled an Act to amend an Act establishing an equalized adjusted school property tax digest for each county in the State and for the State as a whole, so as to provide that for the calendar year 1969 the equalized school property tax digest for each county and the State as a whole shall be the same such digests as were prepared by the State Auditor and used for the 1968 calendar year; and for other purposes.
Referred to the Committee on Education.

HB 900. By Messrs. Parker of the 55th, Barber of the 24th, Farrar of the 118th, Nessmith of the 64th, Mixon of the 81st and others:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that a certain percentage of all lapsed funds appropriated to the Department of Educa tion for the purposes of financing the minimum foundation program for the immediately preceding fiscal year shall be taken into account in determining the portion of the estimated cost of the State-wide minimum foundation program to be paid by local funds; and for other purposes.
Referred to the Committee on Education.

HB 901. By Mr. Pickard of the 112th:
A Bill to be entitled an Act to prohibit solicitation of money by means of a false invoice; and for other purposes.
Referred to the Committee on Industry.

HB 902. By Messrs. Cato and Dollar of the 89th:
A Bill to be entitled an Act to require the Board of Education of Decatur County to publish a summary of all receipts and expenditures of said Board of Education on a monthly basis; and for other purposes.
Referred to the Committee on Local Affairs.

HB 903. By Mr. Hill of the 121st:
A Bill to be entitled an Act to provide for the issuance of special per sonalized prestige license plates; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 904. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Bill to be entitled an Act to provide that any person who keeps, main tains, employs or carries on a game for the hazarding of money or other

154

JOUENAL OF THE HOUSE,

thing of value, or permits the playing for money or other thing of value of a game or device for the hazarding of money or other thing of value, or keeps or employs a device or equipment for the purpose of carrying on or operating a game or device for the hazarding of money or other thing of value, etc. shall be guilty of a felony; and for other purposes.
Referred to the Committee on Judiciary.

HB 905. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Bill to be entitled an Act to provide for additional powers of the Governor during a state of emergency; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 906. By Messrs. Murphy of the 26th, Parish of the 23rd, Lane of the 64th and Caildwell of the 51st:
A Bill to be entitled an Act to provide that a person shall be guilty of the offense of riot when he participates with two or more persons in a course of disorderly conduct with intent to commit or facilitate the com mission of a felony or misdemeanor; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 907. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Bill to be entitled an Act to regulate and control fire bombs or "Molotov cocktails", to define said terms; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 908. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Bill to be entitled an Act to amend Code Section 27-101, so as to pro vide that upon approval of the Attorney General and the Director of the Department of Public Safety, the Governor, or person exercising the executive power shall be authorized to offer and cause to be paid rewards for information leading to the detection, apprehension and conviction of the perpetrator or perpetrators of any felony committed within this State; and for other purposes.
Referred to the Committee on Judiciary.
HB 909. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Bill to be entitled an Act to provide that the Board of Education of any county or any independent school system or of any school district

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or local unit of administration shall be authorized to consolidate any elementary school into another school under certain conditions; and for other purposes.
Referred to the Committee on Education.

HB 910. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Bill to be entitled an Act to amend Code Sec. 92-5702, relating to the meaning of "fair market value" so as to define the meaning of "fair market value", and amend Code Sec. 92-5703 relating to the levy of ad valorem taxes, so as to provide that all property, etc. subject to taxation shall be taxed according to 40% of its fair market value; and for other purposes.
Referred to the Committee on Ways and Means.

HB 911. By Mr. Alexander of the 133rd:
A Bill to be entitled an Act to amend Code Section 61-306, relating to notice whenever a warrant has been issued under existing laws for the eviction of an intruder or tenant holding over, so as to change the num ber of days' notice which will be given before the officer will proceed with the execution of the warrant; and for other purposes.
Referred to the Committee on Judiciary.

HB 912. By Mr. Alexander of the 133rd:
A Bill to be entitled an Act to provide that it shall be unlawful for any law enforcement officer to physically abuse or injure any person when it is unnecessary; and for other purposes.
Referred to the Committee on Judiciary.

HR 396-912. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Resolution proposing a constitutional amendment to create a new State Board of Corrections; and for other purposes.
Referred to the Committee on State Institutions & Property.

HR 397-912. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th
and Caldwell of the 51st: A Resolution proposing a constitutional amendment to create a new State Game and Fish Commission; and for other purposes.
Referred to the Committee on Game and Fish.

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HE 398-912. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Resolution proposing a constitutional amendment so as to create the Department of Industry and Tourism and the Board of Commissioners of the Department of Industry and Tourism; and for other purposes.
Referred to the Committee on Industry.

HR 399-912. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Resolution proposing an amendment to the Constitution so as to pro vide that the General Assembly may create Development Authorities or authorize any county or municipal corporation or combinations thereof to create Development Authorities and authorize such Authorities to issue revenue obligations for the purpose of developing industry, trade and employment opportunities; and for other purposes.
Referred to the Committee on State of Republic.

HR 400-912. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to fix the exemption of the homestead from certain ad valorem taxes; and for other purposes.
Referred to the Committee on Ways and Means.

HR 401-912. By Mr. Hill of the 121st:
A Resolution proposing an amendment to the Constitution so as to provide for the establishment of a Commission on the Judiciary; and for other purposes.
Referred to the Committee on Judiciary.

HR 402-912. By Mr. Hall of the 67th:
A Resolution compensating Mr. Eugene G. Moncus; and for other pur poses.
Referred to the Committee on Appropriations.

HR 403-912. By Mr. Douglas of the 60th: A Resolution compensating Mr. James C. Lord; and for other purposes.
Referred to the Committee on Appropriations.

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HR 404-912. By Mr. Douglas of the 60th:
A Resolution compensating Mr. Miles A. Jones, Jr.; and for other purposes.
Referred to the Committee on Appropriations.

HR 405-912. By Messrs. Douglas and Gay of the 60th, Rowland of the 48th, and others:
A Resolution proposing an amendment to the Constitution so as to increase the homestead exemption; and for other purposes.
Referred to the Committee on Ways and Means.

HR 406-912. By Mr. Howell of the 86th:
A Resolution proposing an amendment to the Constitution so as to create the Early County Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HR 407-912. By Mr. Hall of the 67th:
A Resolution proposing an amendment to the Constitution so as to create the Lee County Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HR 408-912. By Messrs. Cato and Dollar of the 89th: A Resolution proposing an amendment to the Constitution, so as to increase the jurisdiction of the justices of the peace in Decatur County; and for other purposes.
Referred to the Committee on Local Affairs.
HR 409-912. By Messrs. Northcutt of the 35th and Matthews of the 29th: A Resolution proposing an amendment to the Constitution so as to require Justices of the Supreme Court and Judges of the Court of Ap peals to retire upon reaching a certain age; and for other purposes.
Referred to the Committee on Judiciary.
HB 913. By Mr. Clarke of the 45th: A Bill to be entitled an Act to amend an Act placing the sheriff of Butts County on an annual salary, so as to change the compensation of the deputy sheriffs; and for other purposes.
Referred to the Committee on Local Affairs.

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HB 914. By Mr. Clarke of the 45th:
A Bill to be entitled an Act to amend an Act placing the clerk of the Superior Court of Butts County on an annual salary, so as to provide for the employment of additional personnel within the clerk's office; and for other purposes.
Referred to the Committee on Local Affairs.

HB 915. By Messrs. Edwards of the 57th, Matthews of the 94th, Ross of the 31st, Buck of the 112th, Dorminy of the 72nd and many others:
A Bill to be entitled an Act to abolish Daylight Savings Time; and for other purposes.
Referred to the Committee on Industry.

HB 916. By Messrs. Richardson of the 116th, Clarke of the 45th, Buck of the 112th, and others:
A Bill to be entitled an Act to provide that any person who is sentenced to death upon being convicted of any crime which is punishable by death whose sentence is commuted to life imprisonment shall be required to serve a minimum of 15 years in prison before being eligible for parole; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 917. By Messrs. Richardson of the 116th, Clarke of the 45th, Buck of the 112th and others:
A Bill to be entitled an Act to provide that the death penalty shall not be imposed upon conviction for any crime punishable by death unless the jury shall include in its verdict a recommendation that such sentence be imposed; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 410-917. By Mr. Wamble of the 90th: A Resolution compensating Mr. E. C. White; and for other purposes.
Referred to the Committee on Appropriations.

HR 411-917. By Messrs. Richardson of the 116th, Clarke of the 45th, Buck of the 112th and others:
A Resolution proposing an amendment to the Constitution to provide that the General Assembly shall be authorized to provide by law any re quirements it deems necessary relative to the State Board of Pardons and Paroles exercising its powers and carrying out its duties, including provisions requiring that a minimum number of years or a minimum part

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of any sentence shall be served before eligibility for parole; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 412-917. By Mr. Clarke of the 45th:
A Resolution proposing an amendment to the Constitution so as to create the Butts County Industrial Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HB 918. By Mr. Rush of the 75th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Tattnall County, so as to change the number of commissioners; and for other purposes.
Referred to the Committee on Local Affairs.

HB 919. By Mr. Rush of the 75th:
A Bill to be entitled an Act to provide for the election of members of the Board of Education of Tattnall County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 920. By Mr. Rush of the 75th: A Bill to be entitled an Act to amend an Act creating the office of Solicitor-General emeritus, so as to provide a minimum salary to be paid a Solicitor-General emeritus who is sixty-five years of age or over; and for other purposes.
Referred to the Committee on State of Republic.
HB 921. By Messrs. Murphy of the 26th and Blalock of the 33rd:
A Bill to be entitled an Act to amend Code Chapter 26-28, so as to pro vide that no person shall intentionally convert to his own use any per sonal property which has been delivered under the terms of a lease or rental agreement in violation of the agreement and to the damage of the owner or lessor; and for other purposes.
Referred to the Committee on Judiciary.
HB 922. By Mr. Shanahan of the 8th:
A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court and the Ordinary of Gordon County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.

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HB 923. By Mr. Daugherty of the 134th:
A Bill to be entitled an Act to provide that it shall be unlawful to dis criminate against individuals or groups by refusing to rent, sell, lease, finance or otherwise deny or withhold commercial housing from any person because of the race, color, religious creed, ancestry, or national origin of any prospective owner, occupant or user of such commercial housing; and for other purposes.
Referred to the Committee on State of Republic.

HR 413-923. By Mr. Daughterty of the 134th:
A Resolution proposing a constitutional amendment to provide that pun ishment by death is cruel and unusual punishment and shall not be inflicted upon any person in the State of Georgia; and for other purposes.
Referred to the Committee on Judiciary.

HR 414-923. By Mr. Dillon of the 128th:
A Resolution creating a committee to study the feasibility of establish ing a State Department of Urban and Municipal Affairs; and for other purposes.
Referred to the Committee on Local Affairs.

HR 415-923. By Messrs. Walling of the 90th, Lane of the 126th and Malone of the 117th:
A Resolution proposing an amendment to the Constitution so as to create a State Game and Fish Commission composed of five members; and for other purposes.
Referred to the Committee on Game and Fish.

HB 924. By Messrs. Ware and Mullinax of the 42nd:
A Bill to be entitled an Act to amend an Act repealing an Act relative to the salaries of officials in certain counties, so as to change the compensation of the sheriff, clerk of superior court, tax commissioner and ordinary of Troup County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 925. By Messrs. Gay and Douglas of the 60th, Rowland of the 48th, Harrison of the 98th and Rush of the 75th:
A Bill to be entitled an Act to amend an Act relating to the creation of the office of Judge of the Superior Court, Emeritus, so as to change the salaries paid by the State of Georgia to certain Judges of the Su perior Courts, Emeritus; and for other purposes.
Referred to the Committee on State of Republic.

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HB 926. By Messrs. Paris of the 23rd, Lee of the 35th, Murphy of the 26th and Henderson of the 102nd:
A Bill to be entitled an Act to amend an Act known as the "Unemploy ment Compensation Law", so as to provide that individuals who are laid off work through no fault of their own, shall be paid from the individual's waiting period of one week under certain circumstances; and for other purposes.
Referred to the Committee on Industrial Relations.

By unanimous consent, the following Bills and Resolutions of the House were read the second time:

HB 867. By Messrs. Mullinax and Ware of the 42nd, Palmer and Malone of the 117th, Potts of the 33rd and others:
A Bill to be entitled an Act to place certain restrictions on the sale of phonograph records or magnetic tapes so as to reduce the sale of said records or tapes which would tend to incite riots and cause a general decay of the morals of the State; and for other purposes.

HR 382-867. By Mr. Townsend of the 140th:
A Resolution voting impeachment charges against Mrs. Rebecca L. Garrett; and for other purposes.

HR 383-867. By Mr. Townsend of the 140th:
A Resolution voting impeachment charges against J. W. Claxton; and for other purposes.

HB 868. By Mr. Harris of the 118th:
A Bill to be entitled an Act to amend Code Section 53-503, relating to wife feme sole as to her separate estate and binding separate estate, so as to remove the provisions relating to binding her separate estate by any contract of suretyship, assumption of the debts of her husband, and by sale of her separate estate made to a creditor of her husband in extinguishment of his debts; and for other purposes.

HB 869. By Messrs. Parker of the 55th, Brown of the 34th and Mullinax of the 42nd:
A Bill to be entitled an Act to amend an Act providing for grants to counties, so as to provide that the State Treasurer shall disburse grants on a quarterly basis; and for other purposes.

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HB 870. By Mr. Melton of the 34th:
A Bill to be entitled an Act to amend Code Section 9-103, relating to the qualifications of applicants for admission to the practice of law, so as to provide certain exceptions and exemptions from the educational re quirements prescribed for admission to the practice of law; and for other purposes.

HB 871. By Messrs. Brown and Melton of the 34th, Parker of the 55th, Savage of the 58th and Holder of the 70th:
A Bill to be entitled an Act to amend Code Section 32-911, relating to immunization of pupils of public schools, so as to provide for immuniza tion of public and private school children as a condition precedent to admission; to make violation a misdemeanor; and for other purposes.

HB 872. By Mr. Johnson of the 25th:
A Bill to be entitled an Act to amend an Act incorporating the City of Bowman, in the County of Elbert, to change the term of office of the Mayor from one year to two years and to change the term of office of the Clerk and Treasurer from one year to two years and to provide that the Clerk and Treasurer shall be elected by the Mayor and City Council instead of by the voters as now required; and for other purposes.

HB 873. By Mr. Johnson of the 25th:
A Bill to be entitled an Act to amend an Act to change the compensa tion of the Sheriff of Elbert County, so as to require the Sheriff to furnish to the Board of Commissioners annually a recommended budget for his needs and requirements as to deputies and their salaries, vehicles, office employees and supplies to operate his office; and for other pur poses.

HB 874. By Messrs. Westlake and Davis of the 119th, Winkles of the 120th, Lane of the 126th, Oglesby of the 92nd and others:
A Bill to be entitled an Act to amend Code Section 34-201 relating to the State Election Board, so as to change the composition of the State Elec tion Board; and for other purposes.

HB 875. By Messrs. Lovell of the 6th, Potts of the 33rd, Smith of the 44th and Williams of the 16th:
A Bill to be entitled an Act to amend an Act known as the "Motor Ve hicle Certificates of Title Act", so as to provide that the certificate of title shall contain the certificate or origin of the vehicle; and for other purposes.

HB 876. By Messrs. Lovell of the 6th, Potts of the 33rd and Smith of the 44th:
A Bill to be entitled an Act to amend the Uniform Act Regulating Traf fic on Highways, so as to remove certain provisions relating to the

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inspection of motor vehicles, to remove certain provisions relating to certificates of inspection; and for other purposes.

HB 877. By Messrs. Bennett of the 95th, Sullivan of the 95th and Cox of the 127th:
A Bill to be entitled an Act to restore the right of suffrage and the right of citizenship to Albert J. Schroer, Jr.; and for other purposes.

HB 878. By Messrs. Paris of the 23rd, Jordan of the 82nd, Jenkins of the 119th, Colwell of the 5th, Chandler of the 47th and Richardson of the 116th:
A Bill to be entitled an Act to amend Code Chap. 91-1A known as the "State Properties Control Code", so as to provide that the State Proper ties Control Commission shall be authorized to sell as well as lease certain State owned real properties; and for other purposes.

HB 879. By Messrs. Paris of the 23rd, Jordan of the 82nd, Jenkins of the 119th, Colwell of the 5th, Chandler of the 47th and Richardson of the 116th:
A Bill to be entitled an Act to amend Code Title 91 relating to public property, so as to provide for the inventorying of State owned real property; and for other purposes.

HB 880. By Mr. Bennett of the 95th:
A Bill to be entitled an Act to amend Code Section 36-605, relating to the payment of costs of condemnation proceedings, so as to change the responsibility for payment of costs and fees; and for other purposes.

HR 384-880. By Mr. Chandler of the 47th: A Resolution compensating Mr. Alton Brown; and for other purposes.

HR 385-880. By Mr. Colwell of the 5th:
A Resolution compensating Clyde Ravan, doing business as Community Grocery; and for other purposes.

HR 386-880. By Messrs. Chandler and Harrington of the 47th:
A Resolution proposing an amendment to the Constitution, so as to create the Milledgeville-Baldwin County Industrial Development Au thority; and for other purposes.

HB 883. By Messrs. Farmer of the 29th, Ragland of the 109th, Russell of the 92nd, Snow of the 1st, Leonard of the 3rd and others:
A Bill to be entitled an Act to amend Code Chapter 79-5, relating to the procedure to be followed by persons desiring to change their name or

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their children's names, so as to provide the clerk etc. with authority to issue a certificate of the change of name etc; and for other purposes.

HB 884. By Messrs. Farmer of the 29th, Miller of the 108th, Ragland of the 109th, Dickinson of the 27th, Russell of the 92nd and others:
A Bill to be entitled an Act to amend Code Section 59-201, relating to the qualifications of grand jurors, so as to provide that no elected or appointed county or municipal official and no member of any county or municipality or both shall be competent, to serve as a grand juror while serving as such official or member; and for other purposes.

HR 387-884. By Messrs. Smith of the 54th, Chandler of the 47th and Murphy of the 26th:
A Resolution accepting the bid of the Louisville and Nashville Railroad Company to lease the Western and Atlantic Railroad; and for other purposes.

HB 885. By Mr. Richardson of the 116th:
A Bill to be entitled an Act to amend Code Section 92-1403, relating to the excise tax on distributors of motor fuels and exemptions, so as to allow the purchaser of motor fuels to be used exclusively in aircraft motors to claim the exemption previously allowed to dealers of such motor fuel; and for other purposes.

HR 388-885. By Mr. Stalnaker of the 59th:
A Resolution compensating Mr. Oroon D. Winston; and for other pur poses.

HB 886. By Mr. Dixon of the 83rd:
A Bill to be entitled an Act to amend an Act comprehensively revising the laws relating to subpoenas and other like processes and providing for the attendance of witnesses and fees thereof, so as to proivde for the payment of fees to certain peace officers required to attend court and testify on behalf of the State during any hours except regular duty hours to which the officer is assigned; and for other purposes.

HB 887. By Mr. Farmer of the 29th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide for the exemption of the sale and purchase of food for human consumption from the tax imposed by said Act; and for other purposes.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

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165

Mr. Speaker:

The Senate has adopted the following Resolution of the Senate, to-wit:

SR 151. By Senator Abney of the 53rd: Expressing sorrow for the death of S. Russell McGee, III; and for other purposes.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 844. By Mr. Shanahan of the 8th: A Bill to be entitled an Act to provide for the Gordon County Develop ment Authority, to provide for the members of the Authority; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 845. By Mr. Shanahan of the 8th: A Bill to be entitled an Act to create a board of commissioners of roads and revenues for Gordon County, Georgia; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 847. By Messrs. Lewis and Newton of the 50th: A Bill to be entitled an Act to amend an Act creating the City Court of Waynesboro in Burke County, so as to change the compensation of the

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judge and solicitor of said court; to clarify certain language relating to the compensation of the solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 848. By Mr. Mauldin of the 18th: A Bill to be entitled an Act to amend an Act incorporating the City of Franklin Springs in the County of Franklin, so as to change the terms of office of the Mayor and Councilmen of said City; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 852. By Mr. Howell of the 86th: A Bill to be entitled an Act to provide that the Commissioners of Roads and Revenues of Early County shall be elected by the electors of the entire county; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 858. By Mr. Shuman of the 65th:
A Bill to be entitled an Act to amend an Act incorporating the City of Springfield, as amended, so as to change the date of election for Mayor and Aldermen; to change the provisions relative to qualifications and registration of voters; to repeal conflicting laws; and for other pur poses.

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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, the ayes were 112, nays 0.

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

HB 859. By Mr. Shuman of the 65th:
A Bill to be entitled an Act to amend an Act abolishing the offices of Tax Receiver and Tax Collector of Bryan County, Georgia, and creating the office of Tax Commissioner of Bryan County, so as to change the compensation of the Tax Commissioner of Bryan County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 860. By Mr. Shuman of the 65th:
A Bill to be entitled an Act to amend an Act supplementing the com pensation received by the Ordinary of Bryan County, so as to change the compensation to be paid to the Ordinary of Bryan County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

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

HR 416. By Mr. Smith of the 54th: A RESOLUTION
Expressing regrets at the passing of Honorable S. J. Poss. WHEREAS, on January 11, 1968, an eminent and distinguished

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citizen of the State of Georgia, the Honorable S. J. Poss passed away suddenly; and

WHEREAS, this outstanding citizen of the State of Georgia was the Father of the Honorable Edwin Carroll Poss, the distinguished and most revered member of the House of Representatives; and

WHEREAS, during the long and fruitful years of his life, S. J. Poss was an inspiration to his family, many friends and acquaintances; and

WHEREAS, through the Honorable S. J. Poss's many accomplish ments he was an outstanding member of his community's business and civic life and his many contributions to his county and state will be sorely missed by the untimely passing of this outstanding citizen of Georgia.

NOW, THEREFORE BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest and sincerest regrets at the sudden passing of the Honorable S. J. Poss and does extend to the members of his family and his many friends this body's most heartfelt sympathy.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an appropriate copy of this Resolution to the Honorable Edwin Carroll Poss.

HR 417. By Messrs. Harris, Levitas, Farrar and Walling of the 118th:
A RESOLUTION
Commending Kenneth Healey; and for other purposes.
WHEREAS, Kenneth Healey, of Decatur, Georgia and an outstand ing student of Decatur High School, has gained nationwide recognition for his scientific projects and endeavors; and
WHEREAS, during 1967 Kenneth Healey was bestowed the high honor of the First Annual Achievement in Science Award by the Food and Drug Administration of the United States for his project entitled "LSD--Turmoil in a Capsule"; and
WHEREAS, this bright and industrious student chose as a project a behavorial study of the effects of the drugs, LSD, on spiders by administering to spiders dosages of LSD and then photographing the webs of spiders who had received this drug; and
WHEREAS, as a result of his unique and most interesting study, it was determined that LSD causes distortions in the instinctive behavior of spiders; and
WHEREAS, in addition to the aforementioned honors, Kenneth Healey has been recognized as an outstanding expert in zoology, having

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received the first place award in zoology at the Georgia State Science Fair, and he has also won an award from the Georgia Power Company as having the most outstanding science project from the Atlanta division; and

WHEREAS, since the accomplishments of Kenneth Healey have brought honor to him and credit to the youth of our State it is only befitting and proper that this outstanding young student be recognized for his many talents and accomplishments.

NOW, THEREFORE BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and extend its heartiest congratulations to Kenneth Healey, a distinguished and out standing citizen of Georgia and student of Decatur High School, for his pursuit for excellence in his academic endeavors.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an ap
propriate copy of this Resolution to Kenneth Healey and to the Principal of Decatur High School.

HR 418. By Messrs. Smith of the 54th and Busbee of the 79th:
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, the Senate concurring, that the General Assembly do adjourn on January 19, 1968 at 12:30 o'clock p.m., and reconvene on January 29, 1968, at 10:00 o'clock a.m.
BE IT FURTHER RESOLVED BY THE HOUSE OF REPRE SENTATIVES, the Senate concurring, that the General Assembly do adjourn on February 9, 1968, at 12:30 o'clock p.m., and reconvene on February 19, 1968, at 10:00 o'clock a.m.

HR 419. By Mr. Smith of the 54th:
A RESOLUTION
Creating a Committee to conduct an exhaustive study of the tax structure of the State of Georgia; and for other purposes.
WHEREAS, the most recent examination of Georgia's tax laws was made in 1949; and
WHEREAS, it has been determined that the tax structure of the State of Georgia is in need of comprehensive revision; and

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WHEREAS, at the 1967 session the House of Representatives authorized a study for the purpose of formulating and proposing com prehensive changes in the State's tax structure; and

WHEREAS, the Committee created by the House of Representatives has not completed its work because of the magnitude of the task.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Committee known as the "Georgia Tax Revision Study Committee" is hereby continued for the purpose of com pleting its study. The Committee shall be composed of 10 members from the House of Representatives and 10 members from the public at large all to be appointed by the Speaker of the House of Representatives as in
his discretion he shall deem fit.

The Committee shall be authorized to conduct a comprehensive study of the tax structure of the State of Georgia for the purpose of proposing a complete revision thereof. The members of the Committee shall be further authorized to conduct such studies as may be necessary to effectuate the purposes of this Resolution.

The legislative members of the Committee shall receive the same expense, mileage, and travel allowances authorized for legislative mem bers of interim legislative committees. The other members of the Com mittee shall receive no compensation for their services. The Committee shall be authorized to employ such clerical help as is necessary to ef fectuate the purposes of this Resolution and to determine compensation for such help as in their discretion they deem fit.

The Committee shall make a report of its findings, recommendations, and suggestions for proposed legislation, if any, on or before December 1, 1968, on which date the Committee shall stand abolished. The funds necessary to carry out the purposes of this Resolution shall come from the funds appropriated to or available to the legislative branch of the government.

SR 151. By Senator Abney of the 53rd:
A RESOLUTION
Expressing sorrow for the death of S. Russell McGee, III; and for other purposes.
WHEREAS, S. Russell McGee, III, gave his life in the defense of his Country, in the Que Son Valley, south of Da Nang, Republic of Vietnam, as a member of the United States Navy Medical Corps; and
WHEREAS, S. Russell McGee, III, while participating in Operation Swift, was shot and killed in active battle, and in so doing paid the highest tribute to his State and Country that any individual can perform; and

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WHEREAS, S. Russell McGee, III, was twenty-two (22) years of age when he gave up his life and thus had not been afforded the oppor tunity to experience life to its fullest extent; and

WHEREAS, S. Russell McGee, III, graduated from Baylor School, attended the University of Chattanooga, where he was a member of Pi Kappa Alpha fraternity, and he demonstrated, during his short life, courage, intelligence, compassion and strength; and

WHEREAS, S. Russell McGee, III, should be remembered by all Georgians for his valor and dedicated love of his Country.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that both Houses of the General Assembly tender their heartfelt sorrow to the parents of S. Russell McGee, III, Mr. and Mrs. Russell McGee, Jr., for the loss of such an upstanding and fine young man.

BE IT FURTHER RESOLVED that the Secretary of the Senate is directed to send a copy of this Resolution to Mr. and Mrs. Russell McGee, Jr., 1065 Wood Nymph Trail, Lookout Mountain, Georgia.

Mr. Steis of the 100th asked unanimous consent that the following Bill of the House be withdrawn from the Committee on Special Judiciary and referred to the Committee on State Institutions and Property:

HB 879. By Messrs. Paris of the 23rd, Jordan of the 82nd, Jenkins of the 119th and others:
A Bill to be entitled an Act to amend Code Title 91 relating to public property, as amended, so as to provide for the inventorying of Stateowned real property; and for other purposes.

The consent was granted, and HB 879 was withdrawn from the Committee on Special Judiciary and referred to the Committee on State Institutions and Property.
Under the general order of business, the following Bill of the House was again taken up for consideration:
HB 5. By Messrs. Smith of the 54th, Steis of the 100th and Harris of the 118th: A Bill to be entitled an Act to revise, supersede and consolidate the Criminal Code of Georgia; and for other purposes.
The Committee substitute, having been read on Tuesday, January 9, 1968, was again taken up for consideration.

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The following amendment to the Committee substitute was read and adopted:

Mr. Ballard of the 37th moves to amend Section 26-704 of the Com mittee substitute to HB 5 as follows:

By adding after word "person," the following "or from the con sumption of a substance which the actor did not know to be intoxi cating".

An amendment, offered by Mr. Egan of the 141st, was read and lost.

The following amendments to the Committee substitute were read and adopted:
Mr. Dent of the 104th moves to amend Section 26-2914 of the Com mittee substitute to HB 5 as follows:
By adding thereto the words "or ignites" after the word "placed" and before the words "on public or private property" in the first sentence thereof.
Mr. Harris of the 118th moves to amend the Committee substitute to HB 5 as follows:
By adding to the title of Section 26-902 the words "including justi fiable homicide".
Mr. Harris of the 85th District moves to amend Committee Sub stitute to House Bill 5 as follows:
By amending 26-2101 (b) by adding after the phrase "morbid interest in nudity, sex or excretion" the phrase "and utterly without redeeming social value."
Mr. Murphy of the 26th District moves to amend Committee Sub stitute to House Bill 5 as follows:
By amending 26-2601 by striking the words "upon conviction shall be punished as for a misdemeanor" and substituting the words: "upon conviction, shall be punished by imprisonment for not less than one nor more than ten years."
Mr. Murphy of the 26th District moves to amend Committee Sub stitute to House Bill 5 as follows:
By amending 26-2602 by striking the words "upon conviction shall be punished as for a misdemeanor" and substituting the words "upon conviction shall be punished by imprisonment for not less than one nor more than five years."

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Rep. Levitas of the 118th District moves to amend Committee Substitute to House Bill 5 as follows:

By amending 26-3007 by adding the following: "provided that in criminal prosecutions for any offense, evidence obtained by persons other than law enforcement officers or persons operating under their direction or authority may be admitted unless otherwise inadmissible by law."

Mr. Cooper of the 16th moves to amend the Committee substitute to HB 5 as follows:

By striking Subsection (b) from Section 26-507 as follows "(b) a conviction of an included crime is an acquittal of the crime charged, whether or not such conviction has been reversed on appeal."

Mr. Levitas of the 118th moves to amend the Committee substitute to HB 5 as follows:

To amend Chapter 26-703 in its entirety and to substitute the fol lowing:

A person shall not be found guilty of a crime when at the time of the act, omission or negligence constituting the crime such person acted as he did because of a delusional compulsion brought about by mental disease so that his will was overmastered as to the act by
which he committed the crime. However, in order for such defense to be available on a trial for murder, it must appear, not only that the defendant was actually laboring under a delusion, but that the act itself is connected with the particular delusion of which the defendant was laboring and also that the delusion was as to a fact which, if true, would justify the act.

Mr. Murphy of the 26th moves to amend Committee substitute to House Bill No. 5 as follows:

By striking Section 26-506 in its entirety and inserting in lieu thereof the following Section 26-506:

26-506. Multiple Prosecutions for Same Act. When the same conduct of an accused may establish the commission of more than one crime, the accused may not be prosecuted for more than one offense and under no circumstances may he be convicted of more than one crime on the same course of conduct. If an accused is prosecuted for a course of conduct for one offense and is acquitted, such acquittal shall act as a bar for future prosecution for the same course of conduct.

An amendment, offered by Mr. Ballard of the 37th, was read and lost.
The following amendments to the Committee substitute were read and adopted:

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Mr. Ballard of the 37th District moves to amend the Committee substitute to HB 5 Section 26-1602 by striking that portion thereof which reads "under circumstances evincing and intent" and substituting in lieu thereof the following: "with the intent".

Mr. Ballard of the 37th moves to amend the Committee substitute to HB 5 as follows:
Section 26-1312 by adding after the word "person" and before "commits" in the first sentence thereof the following:
"including parents of committed person".
Mr. Ballard of the 37th moves to amend the Committee substitute to HB 5 as follows:
Section 26-1305 by striking the word "permanent" and substituting therein the word "serious".
An amendment, offered by Mr. Ballard of the 37th, was read and lost.
The following amendments to the Committee substitute were read and adopted:
Mr. Ballard of the 37th moves to amend the Committee substitute to HB 5 as follows:
Section 26-903A by adding after the word "manner" and before the word "or" the following "or surprise".

The following amendment to the Committee substitute was read:
Mr. Murphy of the 26th moves to amend Committee substitute to House Bill No. 5 as follows:
1.
By striking subsection (b) of Section 26-302 in its entirety.
2.
By striking all of subsection (c) of Section 26-302 except the first sentence, so that subsection (c) as amended, will read as follows:
(c) Criminal Homicide. Criminal Homicide shall be consid ered as having been committed in the county in which the cause of death was inflicted.

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175

3.

By striking subsection (d) of Section 26-302 in its entirety and renumbering the remaining subparagraphs accordingly.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs:

Adams Alexander Anderson Ballard Barber Battle Berry, C. E. Black Blalock Bond Bowen Brantley, H. H. Brantley, H. L. Brown, B. D. Buck Caldwell Gates Chandler Cheeks Clarke Cole Collins, M. Colwell Conner Dailey Daugherty Davis Dean DeLong Dickinson Dorminy Edwards Farmer Parrar Fleming Floyd Gay Gaynor Gignilliat Graves Grier

Hadaway Hall Harrington Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Howard Howell Johnson, B. Jones, C. M. Jones, M. Kaylor Kirksey Laite Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leggett Leonard Longino Lowrey Magoon Malone Matthews, C. Maxwell McCracken McDaniell Merritt Mixon Moore, Don C. Mullinax Murphy Nessmith Nimmer Northcutt Otwell Pafford

Palmer Paris Parker, C. A. Parker, H. W. Peterson Potts Ragland Rainey Reaves Richardson Roach Rowland Rush Russell Savage Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Stalnaker Starnes Thompson, A. W. Threadgill Turner Tye Underwood Vaughn, C. R. Wamble Ward Westlake Wiggins Wilson, J. M. Wilson, R. W.

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Those voting in the negative were Messrs:

Berry, J. K. Bray Brown, C. Busbee Carnes Cato Collins, J. P. Cooper, B. Cooper, J. R. Cox Crowe, William Dent Dillon Dollar Doster Douglas Egan

Fallin Gary Gunter Hale Harris, J. F. Holder Hutchinson Jenkins Jordan, G. Lambros Lee, W. S. Levitas Lewis Mason Mauldin
McClatchey Melton

Miller Moore, J. H. Moreland Nash Odom Ross Snow Steis Sweat Townsend Vaughan, D. N. Walling Williams Winkles Wood

Those not voting were Messrs:

Barfield Bennett Bostick Cook Crowe, W. J. Dixon Dodson Funk Grahl Hamilton Hargrett Hood

Johnson; A. S. Joiner Jordan, W. H. Knapp Land Lovell Matthews, D. R. Moate Newton Oglesby Parrish Phillips

Pickard Poss Reaves Scarlett Sullivan Thompson, R. Tucker Ware Wells Whaley Mr. Speaker

On the adoption of the amendment to the Committee substitute, the ayes were 122, nays 49.
The amendment was adopted.
The following amendments to the Committee substitute were read and adopted:
Mr. Murphy of the 26th moves to amend the Committee Substitute to HB 5 as follows:
By striking subsection (b) of Section 26-1806 in its entirety.
Mr. Murphy of the 26th moves to amend Committee substitute to House Bill No. 5 as follows:

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171

By adding the words, "or in an automobile", immediately after the word, "home", so that Section 26-2903, as amended, will read as follows, to-wit:

26-2903. Carrying Pistol Without License. A person commits a misdemeanor when he has or carries on or about his person outside of his own home, or in an automobile, or place of business, any pistol or revolver, whether concealed or not, for which he has not obtained a license from the ordinary of the county in which he
resides.

Mr. Wiggins of the 32nd moves to amend the Committee substitute to HB 5 as follows:

By striking from Section 4 the language "January 1, 1969" and adding thereto "July 1, 1969."

The Committee substitute, as amended, was adopted.

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, by substitute, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs:

Adams Alexander Barber Battle Berry, C. E. Berry, J. K. Blalock Bond Bostick Branch
Brantley, H. H. Brantley, H. L. Bray
Brown, B. D. Brown, C. Buck Busbee Carnes Gates Cato Chandler Clarke

Collins, J. F. Conner Cooper, J. R. Cox Crowe, William Dailey Daugherty Dean Dent" Dillon
Dixon Dodson Dollar
Douglas Egan Fallin Farmer Farrar Gary Gaynor Gignilliat Graves

Grier Gunter Hale Hamilton Harris, J. F. Harris, R. W. Harris, J. R. Harrison '-Till Holder
Hood Howard Hutchinson
Jenkins Johnson, B. Jones, C. M. Jones, M. Jordan, G. Lambert Lambros .Lane, Dick Lee, W. J. (Bill)

178
Lee, W. S. Levitas Lewis Longino Lovell Lowrey Malone Mason Matthews, C. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miller Moore, J. H. Moreland Mullinax Nash

JOURNAL OF THE HOUSE,

Nimmer Odom Otwell Pafford Palmer Paris Pickard Potts Ragland Reaves Richardson Ross Savage Scarlett Shanahan Shuman Sims Smith, G. W. Smith, V. T. Starnes

Steis Sullivan Thompson, A. W. Thompson, R. Threadgill Townsend Turner Tye Vaughan, D. N. Vaughn, C. R. Walling Ward Ware Wells Whaley Wiggins Williams Wilson, R. W. Winkles Wood

Those voting in the negative were Messrs:

Anderson Ballard Black Bowen Caldwell Cheeks Cole Collins, M. Colwell Cooper, B. Davis DeLong Dorminy Edwards Fleming
Floyd Gay Hadaway

Hall Harrington Henderson Higginbotham Howell Johnson, A. S. Kaylor Kirksey Laite Lane, W. J. Leggett Leonard Magoon McCracken Mixon Moore, Don C. Murphy Nessmith

Northcutt Parker, C. A. Rainey Roach Rowland Rush Russell Sherman Simmons Smith, J. R. Smith, W. L. Snow Stalnaker Sweat Underwood Westlake Wilson, J. M.

Those not voting were Messrs:

Barfield Bennett Cook Crowe, W. J. Dickinson Doster Funk
Grahl Hargrett

Joiner Jordan, W. H. Knapp Land Matthews, D. R. Moate Newton Oglesby Parker, H. W.

Parrish Peterson Phillips Poss Shields Tucker Wamble Mr. Speaker

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179

On the passage of the Bill, by substitute, as amended, the ayes were 126, nays 53.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Mr. Snow of the 1st stated that he had inadvertently voted "nay" but intended to vote "aye" on the passage of HB 5, by substitute, as amended.

Under the general order of business, the following Bill of the House was taken up for consideration and read the third time:

HB 843. By Messrs. Williams and Wood of the 16th, Johnson of the 40th, Adams of the 125th, Dillon of the 128th, Cox of the 127th and Levitas of the 118th:
A Bill to be entitled an Act to provide for the use of speed detection devices by counties and municipalities; to provide for permits for the use of such devices from the Department of Public Safety; and for other purposes.

The following amendments were read and adopted:

Mr. Murphy of the 26th moves to amend HB 843 as follows:
1.
By adding to the caption the word "radar" immediately before the words "speed detection devices" wherever same appear therein.
2.
By adding the word "radar" in Section 2 immediately before the words "speed detection devices".

By striking the words "Electronic and/or" from Section 3.
4.
By adding to Section 5 the word "radar" immediately before the words "speed detection devices".

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5.

By striking from Section 6 the words "timing devices and".

Mr. Hill of the 121st moves to amend HB 843 as follows:

Section 2 after highways, add, "provided the City and County will name the Street or road the device is to be used on".

Mr. Higginbotham of the 119th moves to amend HB 843 as follows:

By adding a new Section to be numbered Section 13 and renumber ing the remaining Section accordingly.

"Section 13. No speeding violation of less than ten miles per hour above the legal speed limit in the county or municipality in which a person is given a speeding ticket shall be used by the Department of Public Safety for the purpose of revoking the driver's license of the violator. No speeding violation report by counties and municipalities to the Department of Public Safety which fails to specify the speed of the violator shall be used by the Department of Public Safety to revoke the driver's license of a violator."
Mr. Underwood of the 61st moves to amend HB 843 as follows:
By adding to section 1, after the last word in the last sentence the following: "Provided further that no county or city shall be authorized to use sush devices where any arresting officer or official of the court having jurisdiction of traffic cases is paid on a fee system".

Mr. Odom of the 79th moves to amend HB 843 as follows:

Section 1:

By inserting after the word "radar" in line six of Section 1, by adding thereto the following language:

"except in properly marked school zones".

Mr. Howard of the 101st moves to amend HB 843 as follows:

Section 3, line 11, by adding after the word "traveling" the following:

"the date and time of the offense".

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, as amended, the roll call was ordered and the vote was as follows:

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181

Those voting in the affirmative were Messrs:

Adams Alexander Anderson Ballard Barber Barfield Berry, J. K. Blalock Bond Bostick Bo wen Branch Brantley, H. H. Bray Brown, B. D. Brown, C. Busbee Games Gates Chandler Cheeks Cole Colwell Cooper, B. Cooper, J. R. Cox Crowe, William Dailey Daugherty Dean Dent Dickinson Dillon Dixon Douglas Edwards Egan Fallin Farmer Farrar Fleming Floyd Gary Gay Gaynor Gignilliat Grahl Graves

Grier Hadaway Hale Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham Hill Holder Hood Howard Howell Hutchinson Jenkins Johnson, B. Jones, C. M. Kaylor Kirksey Lambert Lambros Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniel Melton Merritt Miller Moore, J. H. Moreland Mullinax

Murphy Nash Nimmer Northcutt Odom Otwell Palmer Paris Parker, C. A. Peterson Potts Ragland Rainey Reaves Roach Ross Russell Savage Shanahan Sherman Sims Smith, G. W. Smith, V. T. Snow Starnes Steis Sullivan Sweat Thompson, A. W. Threadgill Townsend Turner Underwod Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those voting in the negative were Messrs:

Battle Black

Brantley, H. L. Cato

Clarke Collins. J. F.

182
Collins, M. Conner Davis DeLong Dollar Dorminy Doster Gunter Hargrett

JOURNAL OP THE HOUSE,

Henderson Johnson, A. S. Laite Lane, W. J. Lewis Mixon Moore, Don C. Nessmith Pafford

Parker, H. W. Richardson Rowland Shuman Sinimons Smith, J. R. Smith, W. L. Tye Whaley

Those not voting were Messrs:

Bennett Berry, C. E. Buck Caldwell Cook Crowe, W. J. Dodson Funk Hall Joiner Jones, M.

Jordan, G. Jordan, W. H. Knapp Land Moate Newton Oglesby Parrish Phillips Pickard Poss

Reaves Rush Scarlett
Sherman Shields Stalnaker
Thompson, R. Tucker Mr. Speaker

On the passage of the Bill, as amended, the ayes were 143, nays 33.

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

Mr. Dodson of the 107th stated that he had been called from the floor of the House when the roll call was ordered on the passage of HB 843, as amended, but had he been present, would have voted "aye".

Mr. Busbee of the 79th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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183

Representative Hall, Atlanta, Georgia Friday, January 12, 1968.

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker Pro Tern.

The following prayer was offered by Rev. Howard Norman, Pastor, Bouldercrest Baptist Church, Ellenwood, Georgia:

Our God and Father, As we face the many tests that challenge our physical strength, give us the ability to pursue those teachings of Christ which go beyond our natural man Give to these men and women whose decisions affect so many, a greater effort to embody this eternal principle into every decision. As they serve their people with diligence, bless their efforts. May all people of this great state follow their leadership. Through Jesus Christ our Lord we pray. Amen.

By unanimous consent the call of the roll was dispensed with.

Mr. Black of the 56th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions.

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3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

HB 927. By Mr. Harrison of the 98th:
A Bill to be entitled an Act to create a new charter for the Town of Homeland, in the County of Charlton and to reincorporate said town as a city, and define its territorial limits; and for other purposes.
Referred to the Committee on Local Affairs.

HB 928. By Mr. Alexander of the 133rd:
A Bill to be entitled an Act to provide that a person prosecuting a lien on personal property shall give bond in at least double the amount sworn to be due, payable to the defendant, for all costs and damages sustained in consequence of prosecuting such lien under certain circum stances; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 929. By Mr. Alexander of the 133rd:
A Bill to be entitled an Act to amend an Act relating to public and legal holidays, so as to change the name "Memorial Day" to "Con federate Memorial Day"; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 930. By Mr. Harrison of the 98th:
A Bill to be entitled an Act to amend an Act comprehensively and exhaustively revising, superseding and modernizing pretrial, trial and certain post-trial procedures in civil cases, so as to provide that the judge or clerk may grant an order that service be made by the publica tion of summons; and for other purposes.
Referred to the Committee on Judiciary.

HB 931. By Messrs. Bostick of the 93rd, Kaylor of the 4th, Smith of the 3rd and others:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety; so as to provide that the members of the Georgia

FRIDAY, JANUARY 12, 1968

185

Bureau of Investigation shall receive an annual clothing allowance; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 932. By Messrs. Northcutt, Gary and Lee of the 35th, Parker of the 68th, Wood of the 16th, Tucker of the 36th and others:
A Bill to be entitled an Act to provide for the issuance by the State Revenue Commissioner of special license tags to motor vehicle owners who operate citizens' band radio stations; and for other purposes.
Referred to the Committee on Motor Vehicles.

HR 420-932. By Messrs. Northcutt of the 35th and Lane of the 126th:
A Resolution proposing an amendment to the Constitution, so as to provide that no political entity shall exercise its power of eminent domain to condemn any building used as a residence or business until all occupants have been relocated; and for other purposes.
Referred to the Committee on Banks and Banking.

HR 421-932. By Mr. Dailey of the 66th:
A Resolution proposing an amendment to the Constitution so as to create the Quitman County Industrial Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HR 422-932. By Messrs. Rainey of the 69th, Hall of the 67th, Stalnaker of the 59th, Mullinax of the 42nd, Grahl of the 52nd and others: A Resolution proposing an amendment to the Constitution, so as to create a new Game and Fish Commission; and for other purposes.
Referred to the Committee on Game and Fish.
HR 423-932. By Mr. Lee of the 35th: A Resolution compensating Mr. Jack Lee Arnold; and for other pur poses.
Referred to the Committee on Appropriations.
HB 933. By Messrs. Murphy of the 26th and McClatchey of the 138th: A Bill to be entitled an Act to amend Code Section 100-108, so as to provide that industrial revenue bonds or bonds of development au thorities duly validated and not in default may be given by state

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depositories provided the appropriate county or municipality has the lawful authority to levy an annual tax in support thereof; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 934. By Messrs. Murphy of the 26th and McClatchey of the 138th:
A Bill to be entitled an Act to amend Code Chapter 13-20, so as to provide for the investment by a bank in the stock of a corporation engaged in international or foreign banking; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 935. By Messrs. Murphy of the 26th and McClatchey of the 138th:
A Bill to be entitled an Act to amend Code Section 13-2023, so as to provide for the purchase of capital stock in subsidiary corporations organized for the purpose of exercising such incidental powers as may be necessary to carry on the business of banking; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 936. By Messrs. Murphy of the 26th and McClatchey of the 138th:
A Bill to be entitled an Act to amend Code Sections 13-2013, so as to change the limitations of loans by banks secured by shipping documents, warehouse receipts or other such documents transferring or securing title covering readily marketable, non-perishable staples, agricultural products, manufactured goods, livestock, forest products and other chattels in storage in bonded warehouses when such property is fully covered by insurance, if it is customary to insure such property; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 937. By Messrs. Murphy of the 26th and McClatchey of the 138th:
A Bill to be entitled an Act to amend Code Section 13-2012, so as to provide that the provisions of this Section shall not apply to certain types of indebtedness; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 938. By Messrs. Murphy of the 26th and McClatchey of the 138th:
A Bill to be entitled an Act to amend Code Chapter 13-18, so as to provide that banks shall have the corporate power to do all and every thing necessary and proper for the accomplishment of any and all objectives which the Superintendent of Banks may approve as incidental, related, or necessary to effectively provide full banking service and services incidental and related thereto; and for other purposes.
Referred to the Committee on Banks and Banking.

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187

HB 939. By Messrs. Murphy of the 26th and McClatchey of the 138th:
A Bill to be entitled an Act to amend Code Title 13 known as the "Banking Law" of Georgia so as to provide that common stock which is used to convert capital notes or debentures or to consummate the sale of stock pursuant to the exercise of stock options shall be com mon stock authorized by amendment to the charter of the bank but not issued and sold at the time of such amendment; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 940. By Messrs. Murphy of the 26th and McClatchey of the 138th:
A Bill to be entitled an Act to amend Code Title 13 known as the "Banking Law" of Georgia, so as to remove the provisions relating to private banks and bankers; to change the distance between the location of a bank office or bank facility and a parent bank; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 941. By Messrs. Higginbotham of the 119th and Lane of the 64th: A Bill to be entitled an Act to create the Georgia Commission on Con stitutional Government; and for other purposes.
Referred to the Committee on State of Republic.
HR 424-941. By Mr. Floyd of the 7th: A Resolution compensating Mr. Robert A. Housch; and for other purposes.
Referred to the Committee on Appropriations.
HR 425-941. By Messrs. Adams of the 125th, Carnes of the 129th, Cox of the 127th, Sullivan of the 95th and others: A Resolution proposing an amendment to the Constitution so as to provide for the appropriation of a portion of motor fuel taxes to the State Game and Fish Commission for the purpose of financing the construction, maintenance and operation of boating and fishing facilities and a boating safety program; and for other purposes.
Referred to the Committee on Ways and Means.
HR 426-941. By Messrs. Walling of the 118th, Lee of the 79th and others: A Resolution proposing an amendment to the Constitution so as to provide for the creation of the State Council for Removal of Appointed Constitutional Officers; and for other purposes.
Referred to the Committee on State of Republic.

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HR 427-941. By Messrs. Rowland and Joiner of the 48th:
A Resolution compensating Mrs. Daphne Whitaker; and for other purposes.
Referred to the Committee on Appropriations.

HR 428-941. By Messrs. Rowland and Joiner of the 48th:
A Resolution compensating Mrs. Geneva J. Harrison; and for other purposes.
Referred to the Committee on Appropriations.

Mr. Northcutt of the 35th asked unanimous consent that the rules he sus pended in order that the following Bill of the House could be introduced, read the first time and referred to the committee:

HB 945. By Messrs. Black of the 56th, Matthews of the 94th, Kirksey of the 87th, Russell of the 92nd and others:
A Bill to be entitled an Act to stablize the marketing of milk and milk products in Georgia; to provide for the creation and appointment of a Georgia Milk Stabilization Commission; and for other purposes.

The consent was granted, and HB 945 was introduced, read the first time and referred to the Committee on Agriculture.

By unanimous consent, the following Bills and Resolutions of the House were read the second time:

HB 888. By Messrs. Westlake, Davis and Higginbotham of the 119th, and Smith of the 117th:
A Bill to be entitled an Act to amend Code Section 39-1103, relating to the selection of and requirements for the official organ of counties, so as to provide that annually the offical organ of each county must file with the ordinary, sheriff and clerk of the superior court a certi ficate certifying that the official organ meets the requirements and qualifications prescribed for official organs; and for other purposes.

HB 889. By Mr. Cato of the 89th:
A Bill to be entitled an Act to amend Code Section 24-2727, relating to the fees of the clerk of the superior courts, so as to change the fees of the clerk relating to the recording liens, mortgages and deeds; and for other purposes.

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189

HB 890. By Mr. Cato of the 89th:
A Bill to be entitled an Act to abolish the fee system of compensating the various county officers; and for other purposes.

HB 891. By Mr. Cato of the 89th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Civil Practice Act", so as to provide that the clerk as well as the judge may grant an order that service may be made by publication of the summons; and for other purposes.

HB 892. By Mr. Cato of the 89th:
A Bill to be entitled an Act to require the Board of Education of each county or independent school system to publish a summary of all receipts and expenditure of said board of education on a monthly basis; to provide for a detailed and itemized list of all expenditures and receipts which shall be available for public inspection; and for other purposes.

HB 893. By Messrs. Douglas and Gay of the 60th:
A Bill to be entitled an Act to amend an Act creating the City Court of Dublin, so as to change the name of the City Court; and for other purposes.

HB 894. By Mr. Thompson of the 110th:
A Bill to be entitled an Act to amend Code Section 53-204, relating to the application and issuance of marriage licenses, so as to provide alternative methods of obtaining parental consent when the parents or guardians of underage applicants reside in a jurisdiction other than the jurisdiction where the marriage license is to be issued; and for other purposes.

HB 895. By Mr. Thompson of the 110th:
A Bill to be entitled an Act to amend Code Section 53-204, relating to the application and issuance of marriage licenses, so as to provide that in specified cases underage applicants may be married without parental consent; and for other purposes.

HB 896. By Mr. Douglas of the 60th:
A Bill to be entitled an Act to amend Code Section 92-3106, relating to personal exemptions and credits for income tax purposes, so as to allow a taxpayer who is the head of a household to claim a $600 exemption for certain dependents who are students; and for other purposes.

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HB 897. By Mr. Douglas of the 60th:
A Bill to be entitled an Act to amend Code Section 49-102, relating to natural guardians and the appointment of another guardian in the event the natural guardian fails or refuses to give bond or surety; and for other purposes.

HB 898. By Messrs. Jones of the 76th, Adams of the 125th, Williams of the 16th, Eoss of the 31st, Johnson of the 40th and others:
A Bill to be entitled an Act to amend an Act creating a State Board of Registration for Used Car Dealers, so as to change the definition of the terms "Established Place of Business" and "Used Car Dealer"; and for other purposes.

HB 899. By Messrs. Parker of the 55th, Barber of the 24th, and Parrar of the 118th:
A Bill to be entitled an Act to amend an Act establishing an equalized adjusted school property tax digest for each county in the State and for the State as a whole, so as to provide that for the calendar year 1969 the equalized school property tax digest for each county and the State as a whole shall be the same such digest as were prepared by the State Auditor and used for the 1968 calendar year; and for other purposes.

HB 900. By Messrs. Parker of the 55th, Barber of the 24th, Farrar of the 118th, Nessmith of the 64th; Mixon of the 81st and others:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that a certain percentage of all lapsed funds appropriated to the Department of Edu cation for the purposes of financing the minimum foundation program for the immediately preceding fiscal year shall be taken into account in determining the portion of the estimated cost of the State-wide minimum foundation program to be paid by local funds; and for other purposes.

HB 901. By Mr. Pickard of the 112th:
A Bill to be entitled an Act to prohibit solicitation of money by means of a false invoice; and for other purposes.

HB 902. By Messrs. Cato and Dollar of the 89th:
A Bill to be entitled an Act to require the Board of Education of Decatur County to publish a summary of all receipts and expenditures of said Board of Education on a monthly basis; and for other purposes.

HB 903. By Mr. Hill of the 121st:
A Bill to be entitled an Act to provide for the issuance of special per sonalized prestige license plates; and for other purposes.

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HB 904. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Bill to be entitled an Act to provide that any person who keeps, maintains, employs or carries on a game for the hazarding of money or other thing of value, or permits the playing for money or other thing of value of a game or device for the hazarding of money or other thing of value, or keeps or employs a device or equipment for the purpose of carrying on or operating a game or defice for the hazarding of money or other thing of value, etc. shall be guilty of a felony; and for other purposes.

HB 905. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Bill to be entitled an Act to provide for additional powers of the Governor during a state of emergency; and for other purposes.

HB 906. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Bill to be entitled an Act to provide that a person shall be guilty of the offense of riot when he participates with two or more persons in a course of disorderly conduct with intent to commit or facilitate the commission of a felony or misdemeanor; and for other purposes.

HB 907. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Bill to be entitled an Act to regulate and control fire bombs or "Molotov cocktails", to define said terms; and for other purposes.

HB 908. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Bill to be entitled an Act to amend Code Section 27-101, so as to provide that upon approval of the Attorney General and the Director of the Department of Public Safety, the Governor, or person exercising the executive power shall be authorized to offer and cause to be paid rewards for information leading to the detection, apprehension and conviction of the perpetrator or perpetrators of any felony committed within this State; and for other purposes.

HB 909. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Bill to be entitled an Act to provide that the Board of Education of any county or any independent school system or of any school district or local unit of administration shall be authorized to consolidate any

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elementary school into another school under certain conditions; and for other purposes.

HB 910. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Bill to be entitled an Act to amend Code Sec. 92-5702, relating to the meaning of "fair market value", so as to define the meaning of "fair market value", and amend Code Sec. 92-5703 relating to the levy of ad valorem taxes, so as to provide that all property, etc. subject to taxation shall be taxed according to 40% of its fair market value; and for other purposes.

HB 911. By Mr. Alexander of the 133rd: A Bill to be entitled an Act to amend Code Section 61-306, relating to notice whenever a warrant has been issued under existing laws for the eviction of an intruder or tenant holding over, so as to change the number of days' notice which will be given before the officer will proceed with the execution of the warrant; and for other purposes.
HB 912. By Mr. Alexander of the 133rd: A Bill to be entitled an Act to provide that it shall be unlawful for any law enforcement officer to physically abuse or injure any person when it is unnecessary; and for other purposes.
HR 396-912. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st: A Resolution proposing a constitutional amendment to create a new State Board of Corrections; and for other purposes.
HR 397-912. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st: A Resolution proposing a constitutional amendment to create a new State Game and Fish Commission; and for other purposes.
HR 398-912. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st: A Resolution proposing a constitutional amendment so as to create the Department of Industry and Tourism and the Board of Commissioners of the Department of Industry and Tourism; and for other purposes.

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193

HE 399-912. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Resolution proposing an amendment to the Constitution so as to provide that the General Assembly may create Development Authorities or authorize any county or municipal corporation or combinations thereof to create Development Authorities and authorize such Au thorities to issue revenue obligations for the purpose of developing industry, trade and employment opportunities; and for other purposes.

HR 400-912. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to fix the exemption of the homestead from certain ad valorem taxes; and for other purposes.

HR 401-912. By Mr. Hill of the 121st:
A Resolution proposing an amendment to the Constitution so as to provide for the establishment of a Commission on the Judiciary; and for other purposes.

HR 402-912. By Mr. Hall of the 67th:
A Resolution compensating Mr. Eugene G. Moncus; and for other purposes.

HR 403-912. By Mr. Douglas of the 60th: A Resolution compensating Mr. James C. Lord; and for other purposes.

HR 404-912. By Mr. Douglas of the 60th: A Resolution compensating Mr. Miles A. Jones, Jr.; and for other purposes.
HR 405-912. By Messrs. Douglas and Gay of the 60th, Rowland of the 48th, and others: A Resolution proposing an amendment to the Constitution so as in crease the homestead exemption; and for other purposes.
HR 406-912. By Mr. Howell of the 86th: A Resolution proposing an amendment to the Constitution so as to create the Early County Development Authority; and for other pur poses.

HR 407-912. By Mr. Hall of the 67th:
A Resolution proposing an amendment to the Constitution so as to create the Lee County Development Authority; and for other purposes.

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HE 408-912. By Messrs. Cato and Dollar of the 89th:
A Resolution proposing an amendment to the Constitution so as to increase the jurisdiction of the justices of the peace in Decatur County; and for other purposes.

HR 409-912. By Messrs. Northcutt of the 35th and Matthews of the 29th:
A Resolution proposing an amendment to the Constitution so as to require Justices of the Supreme Court and Judges of the Court of Appeals to retire upon reaching a certain age; and for other purposes.

HB 913. By Mr. Clarke of the 45th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Butts County on an annual salary, so as to change the compensation of the deputy sheriffs; and for other purposes.

HB 914. By Mr. Clarke of the 45th:
A Bill to be entitled an Act to amend an Act placing the clerk of the Superior Court of Butts County on an annual salary, so as to provide for the employment of additional personnel within the clerk's office; and for other purposes.

HB 915. By Messrs. Edwards of the 57th, Matthews of the 94th, Ross of the 31st, Buck of the 112th, Dorminy of the 72nd and many others:
A Bill to be entitled an Act to abolish Daylight Savings Time; and for other purposes.

HB 916. By Messrs. Richardson of the 116th, Clarke of the 45th, Buck of the 112th, and others:
A Bill to be entitled an Act to provide that any person who is sentenced to death upon being convicted of any crime which is punishable by death whose sentence is commuted to life imprisonment shall be required to serve a minimum of 15 years in prison before being eligible for parole; and for other purposes.

HB 917. By Messrs. Richardson of the 116th, Clarke of the 45th, Buck of the 112th and others:
A Bill to be entitled an Act to provide that the death penalty shall not be imposed upon conviction for any crime punishable by death unless the jury shall include in its verdict a recomendation that such sentence be imposed; and for other purposes.

HR 410-917. By Mr. Wamble of the 90th: A Resolution compensating Mr. E. C. White; and for other purposes.

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195

HE 411-917. By Messrs. Richardson of the 116th, Clarke of the 45th, Buck of the 112th and others:
A Resolution proposing an amendment to the constitution to provide that the General Assembly shall be authorized to provide by law any requirements it deems necessary relative to the State Board of Pardons and Paroles exercising its powers and carrying out its duties, including provisions requiring that a minimum number of years or a minimum part of any sentence shall be served before eligibility for parole; and for other purposes.

HR 412-917. By Mr. Clarke of the 45th:
A Resolution proposing an amendment to the Constitution so as to create the Butts County Industrial Authority; and for other purposes.

HB 918. By Mr. Rush of the 75th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Tattnall County, so as to change the number of commissioners; and for other purposes.

HB 919. By Mr. Rush of the 75th:
A Bill to be entitled an Act to provide for the election of members of the Board of Education of Tattnall County; and for other purposes.

HB 920. By Mr. Rush of the 75th:
A Bill to be entitled an Act to amend an Act creating the office of Solicitor-General emeritus, so as to provide a minimum salary to be paid a Solicitor-General emeritus who is sixty-five years of age or over; and for other purposes.

HB 921. By Messrs. Murphy of the 26th and Blalock of the 33rd:
A Bill to be entitled an Act to amend Code Chapter 26-28, so as to provide that no person shall intentionally convert to his own use any personal property which has been delivered under the terms of a lease or rental agreement in violation of the agreement and to the damage of the owner or lessor; and for other purposes.

HB 922. By Mr. Shanahan of the 8th:
A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court and the Ordinary of Gordon County, known as the fee system; and for other purposes.

HB 923. By Mr. Daugherty of the 134th:
A Bill to be entitled an Act to provide that it shall be unlawful to discriminate against individuals or groups by refusing to rent, sell,

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lease, finance or otherwise deny or withhold commercial housing from any person because of the race, color, religious creed, ancestry, or national origin of any prospective owner, occupant or user of such com mercial housing; and for other purposes.

HR 413-923. By Mr. Daugherty of the 134th:
A Resolution proposing a constitutional amendment to provide that punishment by death is cruel and unusual punishment and shall not be inflicted upon any person in the State of Georgia; and for other purposes.

HR 414-923. By Mr. Dillon of the 128th:
A Resolution creating a committee to study the feasibility of establish ing a State Department of Urban and Municipal Affairs; and for other purposes.

HR 415-923. By Messrs. Walling of the 90th, Lane of the 126th and Malone of the 117th:
A Resolution proposing an amendment to the Constitution so as to create a State Game and Fish Commission composed of five members; and for other purposes.

HB 924. By Messrs. Ware and Mullinax of the 42nd:
A Bill to be entitled an Act to amend an Act repealing an Act relative to the salaries of officials in certain counties, so as to change the compensation of the sheriff, clerk of superior court, tax commissioner and ordinary of Troup County; and for other purposes.

HB 925. By Messrs. Gay and Douglas of the 60th, Rowland of the 48th, Harrison of the 98th and Rush of the 75th:
A Bill to be entitled an Act to amend an Act relating to the creation of the office of Judge of the Superior Courts, Emeritus, so as to change the salaries paid by the State of Georgia to certain Judges of the Superior Courts, Emeritus; and for other purposes.

HB 926. By Messrs. Paris of the 23rd, Lee of the 35th, Murphy of the 26th and Henderson of the 102nd:
A Bill to be entitled an Act to amend an Act known as the "Un employment Compensation Law", so as to provide that individuals who are laid off work through no fault of their own, shall be paid from the individual's waiting period of one week under certain circumstances; and for other purposes.

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197

Mr. Harris of the 118th, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 401. Do Pass as Amended.
HB 432. Do Pass by Substitute.
HB 703. Do Pass. HB 444. Do Pass by Substitute.
Respectfully submitted, Harris of the 118th,
Chairman.

Mr. McCracken of 49th, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the fol lowing Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HR 6-1 Do Pass by Substitute. Respectfully submitted, McCracken of the 49th Dist. Chairman.
Mr. Lee of the 35th, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

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HB 926. Do Pass. HB 861. Do Pass as Amended.
Respectfully submitted, Lee of the 35th Chairman.

Mr. Clarke of the 45th, Chairman of the Committee on Local Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 872. Do Pass. HB 873. Do Pass. HB 902. Do Pass. HB 913. Do Pass. HB 914. Do Pass. HB 918. Do Pass. HB 919. Do Pass. HB 922. Do Pass. HB 924. Do Pass. HR 386-880. Do Pass. HR 406-912. Do Pass. HR 407-912. Do Pass. HR 408-912. Do Pass. HR 412-917. Do Pass.
Respectfully submitted, Clarke of the 45th Chairman.

Mr. Barber of the 24th, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following

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199

Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 86. Do Pass. HB 65. Do Pass as Amended.
Respectfully submitted, Barber of the 24th Chairman.

Mr. Steis of the 100th, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the fol lowing Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB

85. Do Pass.

HB 146. Do Pass as Amended.

HB 277. Do Pass.

HB 325. Do Pass.

HB 367. Do Pass.

HB 509. Do Pass.

HB 624. Do Pass by Substitute.

HB 756. Do Pass by Substitute.

HB 797. Do Pass.

HR 43-131. Do Pass.

HR 111-257. Do Pass.

HR 142-403. Do Pass.

HR 219-739. Do Pass.

Respectfully submitted,

Steis of the 100th

Chairman.

Mr. Steis of the 100th asked unanimous consent that the following Bill of the House be withdrawn from the Committee on Special Judiciary and referred to the Committee on State of Republic:

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HB 874. By Messrs. Westlake and Davis of the 119th, Winkles of the 120th and others:
A Bill to be entitled an Act to amend Code Section 34-201, relating to the State Election Board, so as to change the composition of the State Election Board; and for other purposes.

The consent was granted, and HB 874 was withdrawn from the Committee on Special Judiciary and referred to the Committee on State of Republic.

The following message was received from the Senate through Mr. McWhorter the Secretary thereof:

Mr. Speaker:

The Senate has adopted by the requisite constitutional majority the fol lowing Resolution of the Senate, to-wit:

SR 146. By Senators Shea of the 3rd, Plunkett of the 30th, McKenzie of the 17th and others:
A Resolution pertaining to Uniform Time; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:
SB 199. By Senators Smith of the 18th, Broun of the 46th and others: A Bill to amend the Georgia Administrative Procedure Act so as to place the Board of Corrections and its penal institutions under the provisions of said act.
SB 202. By Senators Smith of the 18th, Broun of the 46th and others: A Bill to amend the Georgia Administrative Procedure Act so as to place the Board of Pardons and Paroles and the State Board of Proba tion under provisions of this act for rule making purposes; and for other purposes.
SB 203. By Senators Holloway of the 12th, Conway of the 41st, and others: A Bill to amend the Code relating to Workmen's Compensation so as to change certain benefits; to change procedures for review of settle ments; and for other purposes.

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201

SB 207. By Senator Smith of the 18th:
A Bill to change the descriptions and composition of certain Senatorial Districts; and for other purposes.

The Senate has passed as amended by the requisite constitutional majority the following Bill of the House, to-wit:

HB 743. By Messrs. Murphy of the 26th, Caldwell of the 51st, and others:
A Bill to amend an act known as the "Georgia Prison Industries Act", so as to authorize the administration to compensate certain inmates employed in prison industries; and for other purposes.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 743. By Messrs. Murphy of the 26th, Caldwell of the 51st and others:
A Bill to be entitled an Act to amend an Act known as the "Georgia Prison Industries Act", so as to authorize the administration to com pensate certain inmates employed in prison industries; and for other purposes.

The following Senate amendment was read:
Senator Smalley of the 28th moves to amend HB 743 by striking subparagraph (F) of Section I in its entirety and by adding a new subparagraph (F), as follows:
(F) To retain such portion of the earnings only as may be neces sary for payment of compensation to inmates employed in any industry and to pay all other sums so earned into the State Treasury.
Mr. Murphy of the 26th moved that the House disagree to the Senate amend ment.
The motion prevailed, and the Senate amendment to HB 743 was disagreed to.
Under the general order of business, the following Bill of the House was taken up for consideration and read the third time:

HB 839. By Messrs. Williams of the 16th, Johnson of the 40th, Anderson of the 71st, Lambros of the 130th, Adams of the 125th, Dillon of the 128th, Wood of the 16th and Lane of the 126th:
A Bill to be entitled an Act to amend Code Section 68-214, relating to motor vehicle license plates and their description, as amended, so as to require that the faces of license plates shall be treated with a reflective material; and for other purposes.

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The following amendment was read and adopted:

Mr. Levitas of the 118th moves to amend HB 839 by adding to Section 2 thereof the following sentence:

"This Act shall apply only for the years 1970 and 1971 unless extended."

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Barber Barfield Berry, C. E. Berry, J. K. Bond Brantley, H. H. Brantley, H. L. Brown, C. Buck Busbee Caldwell Carnes Cato Chandler Cheeks Clarke Cole Collins, M. Conner Cooper, J. R. Crowe, William Daugherty Davis Dean DeLong Dickinson Dillon Dixon Doster Douglas Egan Fallin Floyd

Gary Gay Gaynor Gignilliat Grahl
Graves Grier Gunter Hamilton Harrington Harris, J. P.
Harris, J. R. Harrison Higginbotham Hill Holder Hood
Howell Hutchinson Johnson, A. S. Johnson, B. Joiner Jones, M. Kaylor Lambert Lambros Lane, Dick
Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas
Longino Lovell Lowrey Magoon

Matthews, D. R. Mauldin McClatchey Merritt Mixon Murphy Nash Nimmer Northcutt Odom Oglesby Palmer Paris Potts Rainey
Richardson Roach Ross Rush Savage Shanahan Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L.
Snow Stalnaker Starnes Sullivan Sweat Thompson, A. W. Thompson, R.
Townsend Turner

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203

Tye Vaughan, D. N. Vaughn, C. R. Walling

Wamble Ward Westlake Williams

Wilson, R. W. Winkles Wood

Those voting in the negative were Messrs.

Battle Black Bray Colwell Cooper, B. Cox Dorminy Hall Hargrett Henderson

Howard Jenkins Jones, C. M. Jordan, G. Kirksey Malone Nessmith Pafford Parker, C. A. Reaves

Rowland Russell Shields Shuman Steis Threadgill Underwood Whaley Wiggins Wilson, J. M.

Those not voting were Messrs.:

Ballard Bennett Blalock Bo stick Bowen Branch Brown, B. D. Gates Collins, J. F. Cook Crowe, W. J. Dailey Dodson Dollar Edwards Farmer Farrar Fleming Funk

Hadaway Hale Harris, R. W. Jordan, W. H. Knapp Laite Land Leggett Lewis Mason Matthews, C. Maxwell McCracken McDaniell Melton Melton Miller Moate Moore, Don C.

Moore, J. H. Moreland Mullinax Newton Otwell Parker, H. W. Parrish Peterson Phillips Pickard Poss Ragland Scarlett Tucker Ware Wells Mr. Speaker

On the passage of the Bill as amended, the ayes were 119, nays 30.

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

Mr. Dent of the 104th stated that due to mechanical error, the machine did not record his vote on HB 839, as amended, and that he wished to he recorded as voting "nay".

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The Speaker assumed the Chair.

Pursuant to HR 376 adopted by the House and Senate, the Senate appeared upon the floor of the House, and the Joint Session convened for the purpose of hearing a budget message from His Excellency, Governor Lester G. Maddox.

The Joint Session was called to order by the President of the Senate.

The Secretary of the Senate read the Resolution providing for the Joint Session.

Accompanied by the Committee of Escort and other distinguished guests, Governor Maddox appeared upon the floor of the House.

Lieutenant Governor Smith presented Governor Lester G. Maddox, who delivered the following address:
LT. GOVERNOR SMITH, SPEAKER SMITH, DISTINGUISHED MEM BERS OF THE GEORGIA GENERAL ASSEMBLY, FRIENDS, FEL LOW GEORGIANS AND MY FELLOW AMERICANS:
I deeply appreciate your giving me the opportunity to come before you for the second time this week to discuss with you matters of interest to the people of Georgia.
On Tuesday, I reported to you on the state of our State.
Today, I am here to outline the administration's fiscal plans for the remainder of this year and next year.
I want to impress upon you from the very beginning that my ad ministration expects, intends and is determined to work in close harmony with you to enact a budget which is sound, which is reasonable and which meets the needs of Georgia and her people.
Our role is no longer that of catching up. Rather, it is one of pro viding positive leadership in all areas of human and governmental endeavor.
We know where we stand.
We know where we are going.
We know what must be done to fulfill our hopes and dreams.

FRIDAY, JANUARY 12, 1968

205

I am here to solicit your support so that we -- you and I -- can make certain that our needs are met and that our state continues to move forward.

Ladies and Gentlemen of Georgia, I'm both honored and pleased, I'm overwhelmed, by the spirit of growth, progress, prosperity and compassion that is so evident throughout our beloved state today.

We can, we must, we will, keep that spirit alive.

We can do it by providing our people with continued progress in all of the fields which affect, not only their present, but also their fu ture.

During this session, you will consider a proposed constitutional amendment providing for an annual budget and an annual appropria tions bill.

I support this action because I know that it is clearly in the public interest.

An annual budget and an annual appropriations bill will eliminate the hazardous practice of forecasting revenues 30 months in advance.

As a businessman myself, I know that annual budgeting will enable state government to do a better job for the people.

Last year when I took office, I assumed the responsibility as Direc tor of the Budget. As Budget Director, I asked that the projected revenue estimate for 1967 be reduced by five million dollars; for 1968, by three million dollars and for 1969 by five and one-half million dollars.

History has shown that for fiscal 1967, we collected seven and onehalf million dollars more than was estimated and for fiscal 1968, this year, we are collecting revenue at the rate of 9.3 percent, which is exactly the projected rate of growth we anticipated.

In each instance, the collections in 1967 and the amount we predict we'll collect in 1968 will, in our opinion, exceed the conservative revenue estimates we have made.

History has also shown that, since the publishing of our first budget document, the Chief Executive of Georgia has always recommended to the General Assembly a sound and fiscally-responsible budget and ap propriations bill, calling for the expenditure of available funds.

Available funds, according to Section 40-407 of the Budget Act of 1962, as amended, are -- quote -- "the amount of unappropriated sur plus expected to have accured in the state terasury 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 -- unquote."

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That is the law of Georgia.

That is the public policy of the State of Georgia.

The biennial budget document, the first one published for 1964-65,

recommended the expenditure of all available funds, leaving an antici pated surplus of $74,654.20 at the end of the biennium.

The biennial budget document for fiscal 1966 and 1967 recommended the expenditure of all available funds, leaving an anticipated surplus of $80,408.12.

The biennial budget for fiscal years 1968 and 1969 recommended the expenditure of all available funds, leaving an anticipated surplus of $26,209.97.

Thus, we see that it has been the custom and practice in the past to appropriate the full unappropriated surplus, as well as the estimated revenue.

As I have pointed out, this is not only precedent and customary established usage, but is also recognized by the law and policy of the state.

With that precedent having been set by preceding Governors and preceding General Assemblies, and with the additional funds being available at this time, I am recommending to you and have placed upon your desks a document, complied from hard work and sincere efforts on the part of the Governor and the Budget Bureau staff, to provide the services needed to carry our state forward and to meet the essential needs of all Georgians.

This budget, like those presented to past General Assemblies, re commends the expenditure of the unappropriated surplus and antici pated revenue, leaving a surplus of $77,000 at the end of the year.

I am proposing an increase in the present, or 1968 appropriations in the amount of one million, two hundred and thirty six thousand, one hundred and six dollars to provide for the immediate needs of the state. These needs are:

. . . $150,000 to the State Department of Agriculture for the seed ing and planting this spring at the Central State Hospital farm.

. . . $350,000 to the State Department of Parks to replace the dam at Reid Bingham State Park near Moultrie.

3,000 to the State Department of Corrections to begin con struction of a fireproof facility at the Wayne Prison Branch.

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207

... $86,106 to the State Department of Education to staff the new vocational rehabilitation center at Alto and to begin a modest program of driver training.

. . . $250,000 to the Higher Education Assistance Corporation to be applied to the loan reserve.

It was not without considerable thought and deliberation that I ar rived at a decision to request that you appropriate substantial additional amounts for vital services in the coming fiscal year -- fiscal 1969.

You will recall that in the Green Budget document prepared by my predecessor, the total amount recommended for appropriations for 1969 was $875 million dollars, and, in my supplement, the total figure recom mended was $877 million dollars.

I am now requesting a total appropriation for fiscal 1969 of $874 and one-half million dollars, which is less than the amount I recom mended to you last year.

In other words, I am recommending for fiscal 1969 less than was recommended by the outgoing Governor and less than I recommended a year ago.

Now, I want to discuss with you, specifically, in clear and un mistakable terms, how the Maddox administration proposes to bring to the people of Georgia a better way of life.

I want it said of us that we adopted a "Better Way of Life" budget for Georgia.
I want you to note in your examination of the budget proposed to you that the increases I am recommending, by and large, are directly related to the present and future growth factors of the state.
I am asking you to buy a share of Georgia's future.

In this budget, you will find references to such things as education, research, better management, public safety, state planning, tourism, industry, business development, job training, scholarships, science, tech nology, agricultural development, forestry protection and research, min eral resource development, oceanography, rehabilitation, better teachers, college improvement, emphasis on health and hospitals, human security, transportation and aid to cities and counties.
As has been the case in the past, in budget after budget, the great est part of the increases, of necessity, were for common schools and higher education.
That is the case in this budget.

Increased enrollments and our insistance that the children of Geor gia have the best possible opportunity in today's and tomorrow's world make it necessary.

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More than 61 million dollars of the proposed increases in this bud get are for education.

I am asking you to approve an average annual salary increase in the amount of $558 dollars for Georgia teachers and a 10 per cent in crease for University Academic personnel.

This is in keeping with this administration's commitment to Geor gia's school teachers and another giant step toward meeting the total needs of education without burdening the taxpayers.

We are also recommending an increase of $2 million dollars for the State Board of Regents in order that the University System's im proved quality program, approved by the General Assembly last year, can continue.

This budget request contains, additionally, a request for your ap proval of $1.4 million dollars for new construction and operations of area vocational technical schools.

In the area of public health, I am asking you to provide an addition al $1.5 million dollars to open the Atlanta and Augusta regional mental hospitals by January 1,1969 and to begin staffing the Savannah regional hospital.

I am also requesting your approval of nearly $3 million dollars for Central State Hospital for the purpose of bringing a more proper balance in the attendant-patient ratio.

There is also a recommendation for Central State Hospital for funds to construct a new, 300-bed, eight and one-half million dollar medical surgical building.

Those of you who have visited the old Jones Building at the hospital recognize, as I do, the need for this facility, a need which has existed
for years.

In addition, I am recommending an increase of slightly more than one million dollars for Southwestern State Hospital. These funds will enable this institution to maintain an average patient population of ap proximately 1,200.

This budget will also provide funds to begin staffing the Georgia Retardation Center in DeKalb County, a facility our state badly needs.

I am also recommending additional funds for Battey State Hospital in Rome and the Gracewood State School and Hospital in Augusta.

Normal growth in our public assistance programs for the aged, the blind, the disabled and families of dependent children necessitates an in creased appropriation of approximately two and one-half million dollars.

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209

Additionally, approximately three and one-half million dollars will be needed to meet the increased cost of Medicaid.

In the field of corrections, I am recommending to you an additional appropriation of nearly four million dollars to provide a greater number of custodial officers, to upgrade the current salary schedule for cor rectional personnel and to staff the Butts County Classification and Diagnostic Center in Butts County.

These funds will also provide for the third phase of construction at the Butts County center and additional state prison branches to be built during the year.

For the Department of Industry and Trade, I am recommending an increase in the advertising budget of $400,000 dollars. Results of our present promotional campaign prove that this is money wisely spent.

To meet only partially the desperate needs of Georgia's cities and counties, I am recommending an increase in the appropriations to Geor gia cities of two and one-half million dollars and to Georgia counties an increase of one and one-half million dollars.

These are my major recommendations to you.

Time will not permit me to cover all of them.

However, details on the entire budget are contained in the document which has been placed on your desks this morning.

I stop now and ask sincerely that you think and study with me, for yourselves and for Georgia and her needs in the coming year.

that there may be some who would say that we should ap propriate less for education, for welfare, for highways, for health, for correctional improvement and, indeed, less for our hard-pressed cities and counties.

Some might suggest that we cut education for there are other states which do not provide as much state support as does Georgia.

My friends, we crossed that bridge in this state a long time ago.

Such arguments just don't stand up.

It is a fact, as well as it is obvious, that in our less populous areas we cannot rely upon greatly increased local support to give our children
equal opportunity.

There is no way to overcome the simple truth that, if your state government doesn't reach out and grasp these children by the hand and give them the education they deserve, it is not going to be done.

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Yes, my friends, some might cite to you that Georgia teachers are paid more than teachers are paid in some of our sister states.

It's true!

Isn't it wonderful ?

Georgia is no longer trailing, but leading in education.

Some might suggest that we sit back.

Some might suggest that we sell Georgia short.

Some might suggest that we not meet the challenge of today.

Some might say "Let's stop", others might suggest "slow down".

I reject these arguments.

They just don't make sense.

Some might say "let's stand still".

I disagree, believing that the facts of life say that you can't stand still. You either go forward or backward.

Suppose those who are the most successful in business and industry in this nation stopped one day and said:
"Now that our product is receiving overwhelming acceptance by the public, now that it's meeting their needs, and now that we are far ahead of our competitors, let's slow down, let's cut down on expenses, let's withhold wage increases from our employees, let's stop providing a pro duct of excellence and let our competitors catch up with us."
Can you imagine that happening.
Absolutely not.
And it must not happen in Georgia government.
Lester Maddox says "full steam ahead".
"Speed up."
I stand here today to tell you and to share with you a desire to see that Georgia moves forward, that she realizes the great growth potential which is within our grasp that can be hers.
What is wrong with that?
Why the pessimism?

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211

Why do some appear downcast, depressed, and almost even despon dent, because Georgia is forging ahead in Education and in other fields ?

I'm delighted, I'm thrilled, I'm glad, as I know you are and as I feel confident all Georgians are, that our state, at long last, has achieved a pre-eminence in education, a pre-eminence we must fight to hold, a pre eminence we must fight to improve, if we are to maintain our position of leadership.

Stand still?

Slow down?

Stop?

I say not.

I cite to you DeKalb County, Georgia, a county which is recognized as having one of the top-ranking educational systems in the country.

Let me tell you something about DeKalb County.

It leads in industrialization.

It leads in per capita income.

Since World War II, more than 20 per cent of the housing in Geor gia has been constructed in DeKalb County.

Why is this so?

The major reason is because DeKalb County leads in education.

Those who lead in education lead in every segment of society.

When we lead in education, we lead in industrial and economic growth.

When we lead in industrial and economic growth, we lead in op portunity.

When we create more opportunity, we create more jobs.

When we create more jobs, we create more tax revenue.

When we create more tax revenue, we can do more for more people who need it most and who have been neglected for so long in the past.

So it is a simple formula, my friends.

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When we pay our teachers more, when we have better education, when we attract the best that we can into the teaching profession, we set off a chain reaction in the minds of our young people, building their earning power, which translates itself into the economy of our state and generates more income for the men and women in labor, for our farmers, for our professional people, for workers in every line of business, for the businessman, for the employees of government and in every segment of the economy.

What best sums up our policy, yours and mine, in casting this bud get?

It is creative, dynamic leadership with forward movement. It is positive, constructive leadership. This is a budget which says yes to education. Yes, to Georgia boys and girls. Yes, to mental health. Yes, to the helpless, the needy and the handicapped. Yes, to the forgotten man in our penal system. Yes, to more highways. Yes, to Georgia cities and counties. Yes, to law and order. Yes, to a better economy. Yes, to jobs, opportunity and higher incomes for all. This is a "Better Way of Life" budget. Toward this, Georgia is counting on us.

Senator Coggin of the 35th moved that the Joint Session be now dissolved, and the motion prevailed.

The President of the Senate announced the Joint Session dissolved.

The Speaker called the House to order.

Mr. Busbee of the 79th moved that the House do now adjourn until 10:00 o'clock, Monday morning and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock, Monday morning.

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Representative Hall, Atlanta, Georgia Monday, January 15, 1968

The House met pursuant to adjournment at 10:00 o'clock, A. M., this day and was called to order by the Speaker.

The following prayer was offered by Rev. Robert F. Steinberg, Pastor, Hillcrest Baptist Church, Swainsboro, Georgia:
Our Father, God, as we convene in the routine of this General Assembly to plan the business affairs of this State, we seek Thy divine guidance.
As we attempt to fulfill our state needs, to build a better state, we pray that each member would first trust in Thee with all of his heart, and would not rely on his own insight or understanding.
Forgive them of the errors they have made in previous Assembly meetings. Help them clear the laws that are vague and change the laws that are outdated. Forgive them of their faults and failures of the past and help them apply themselves with diligence to the business at hand.
We pray a special prayer for our Governor, the members of the General Assembly, and the committees within the Assembly. Etch on the mind of each Member the trust we have in them, and may they use that trust in ways that would be pleasing and acceptable in Thy sight as well as good for our state.
In this prayer Our Father, God, we bring to Thee each member of the General Assembly seeking thy blessing and guidance for him. Help each member realize the burden of his responsibility. Bestow upon all of them the courage to do what is right.
For Jesus' sake, AMEN.

By unanimous consent the call of the roll was dispensed with.

Mr. Black of the 56th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

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By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:

1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

HB 942. By Mr. Gunter of the llth: A Bill to be entitled an Act to prohibit drivers of motor vehicles from deliberately causing tires to lose firm traction with the surface of the road; to prohibit drivers from causing their vehicles to leave black marks upon the surface upon which they are traveling; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 943. By Mr. Gunter of the llth: A Bill to be entitled an Act to amend Code Chapter 114-7, relating to Workmen's Compensation, so as to change provisions relating to hear ings; to provide procedures for stopping payment of compensation; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 944. By Mr. Gunter of the llth: A Bill to be entitled an Act to prohibit certain law enforcement officials from engaging in high speed chases in order to apprehend minor traffic law violators; and for other purposes.
Referred to the Committee on Motor Vehicles.
HR 429-944. By Mr. Lambros of the 130th: A Resolution to compensate William Frank Horton; and for other purposes.
Referred to the Committee on Appropriations.

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215

HB 946. By Messrs. Ware of the 42nd, Dean of the 20th, Stalnaker of the 59th, Dixon of the 83rd, Gay of the 60th, Gaynor of the 114th and Shuman of the 65th:
A Bill to be entitled an Act to establish the State Department of Air Transportation; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.

HB 947. By Messrs. Ware of the 42nd, Wood of the 16th, Steis of the 100th, Dean of the 20th, Berry of the 110th, Dollar of the 89th, Russell of the 92nd and others:
A Bill to be entitled an Act to declare the 30th day of May of each year, commonly known as National Memorial Day, to be a public and legal holiday in this State; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.

HB 948. By Messrs. Palmer and Malone of the 117th: A Bill to be entitled an Act to amend Code Section 58-210, relating to the seizure, destruction and disposition of certain raw materials and substances used in the unlawful manufacture of alcoholic beverages, so as to declare as contraband certain fixtures, implements and apparatuses used in the manufacture of alcoholic beverages; and for other purposes.
Referred to the Committee on Temperance.
HB 949. By Messrs. Palmer and Malone of the 117th and Mullinax of the 42nd: A Bill to be entitled an Act to provide that it shall be unlawful to solicit payment of money by the means of any writing which creates the im pression that the writing is a statement or invoice unless certain warn ings are contained on the writing; and for other purposes.
Referred to the Committee on Industry.
HB 950. By Mr. Cooper of the 103rd: A Bill to be entitled an Act to amend the Act creating the Peace Officer's Annuity and Benefit Funds, so as to provide newly-employed peace offi cers with certain rights; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 951. By Mr. Kaylor of the 4th: A Bill to be entitled an Act to authorize certain counties to establish and maintain a law library for the use of the judges, solicitors, ordinary and other officers of the courts of said counties; and for other purposes.
Referred to the Committee on Local Affairs.

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HB 952. By Mr. Moore of the 20th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to provide that the term "earnable compensa tion" shall include compensation paid to a member by a member institu tion of the University System of Georgia from grants or contracts made by outside agencies with the member institution; and for other purposes.
Referred to the Committee on Education.

HR 430-952. By Messrs. Brown of the 34th and Melton of the 34th:
A Resolution authorizing the conveyance of certain real estate located in the City of Griffin in Spalding County, Georgia; and for other pur poses.
Referred to the Committee on Local Affairs.

HR 431-952. By Mr. Kaylor of the 4th:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the clerk of the superior court of Fanning County; and for other purposes.
Referred to the Committee on Local Affairs.

HR 432-952. By Mr. Kaylor of the 4th:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Ordinary's Court of Fannin County; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 433-952. By Messrs. Cooper of the 103rd and Fleming of the 106th:
A Resolution proposing an amendment to the Constitution so as to pro vide for the election of members of the boards of education of various county, independent and combined school systems by the people; and for other purposes.
Referred to the Committee on Education.

HR 434-952. By Messrs. Cooper of the 103rd and McDaniell of the 101st:
A Resolution proposing an amendment to the Constitution so as to pro vide that all personal household and kitchen furniture shall be exempt from all State, county, municipal and school district ad valorem taxes; and for other purposes.
Referred to the Committee on Ways and Means.

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HR 435-952. By Mr. Branch of the 74th: A Resolution to compensate Wendell Walker; and for other purposes.
Referred to the Committee on Appropriations.

HR 436-952. By Messrs. Ware of the 42nd, Wood of the 16th, Steis of the 100th, Dean of the 20th, Berry of the 110th, Dollar of the 89th, Russell of the 92nd and others:
A Resolution proposing an amendment to the Constitution so as to extend the homestead exemption for disabled veterans to those veterans suffer ing from loss, or loss of use, of both lower extremities, such as to pre clude locomotion without the aid of braces, crutches, canes or a wheelchair; and for other purposes.
Referred to the Committee on Ways and Means.

HR 437-952. By Mr. Harris of the 118th: A Resolution to compensate Anita L. Hewell; and for other purposes.
Referred to the Committee on Appropriations.

HR 438-952. By Mr. Murphy of the 26th:
A Resolution relative to vendor payments made toward the cost of nursing home care for the blind, disabled and old-age benefit recipients; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 953. By Messrs. Lane of the 126th, Dillon of the 128th, Bond of the 136th, Brown of the 135th and others:
A Bill to be entitled an Act to amend an Act authorizing the Board of Commissioners of Roads and Revenues of Fulton County to establish rules and regulations governing the payments of pensions to county employees, so as to provide increase pensions to certain employees; and for other purposes.
Referred to the Committee on Local Affairs.

HB 954. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to amend an Act to provide for the retire ment of the Judges and the Solicitor-General of the Criminal Court of Fulton County, so as to provide that the Public Defender of Fulton County shall be eligible for membership in the Judges' and Solicitor Generals' Retirement Fund; and for other purposes.
Referred to the Committee on Local Affairs.

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HB 955. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to repeal an Act to provide for the retire ment of the Judges and Solicitor-General of the Criminal Court of Fulton County; to provide that the provisions of this Act shall not be applicable to the holder of any office or position active on the date of the enact ment of this law, but shall be applicable to all persons employed or taking the oath of office after the approval of this Act; and for other purposes.
Referred to the Committee on Local Affairs.

HB 956. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to amend an Act known as the Fulton County Employees' Pension Act, so as to provide the maximum amount of pension which certain individuals may receive under the provisions of this Act; and for other purposes.
Referred to the Committee on Local Affairs.

HB 957. By Messrs. Graves, Starnes and Lowrey of the 13th, Ross of the 31st, Shanahan of the 8th, Moore of the 20th and others:
A Bill to be entitled an Act to amend Code Section 114-101, relating to the Workmen's Compensation Law, so as to provide that all full-time County employees and employees of elected, salaried county officials are "Employees" within the meaning of this Act; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 958. By Mr. Gunter of the llth:
A Bill to be entitled an Act to amend Code Section 27-903, so as to provide that the first bail shall be permitted as a matter of right under certain circumstances; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 959. By Mr. Gunter of the llth:
A Bill to be entitled an Act to amend Code Section 59-108, relating to jury boxes, so as to provide that each county shall have but one traverse jury box for all courts of the county; and for other purposes.
Referred to the Committee on Judiciary.

HB 960. By Messrs. Murphy of the 26th, Caldwell of the 51st, Lane of the 64th and Paris of the 23rd:
A Bill to be entitled an Act to amend an Act providing appropriations for the fiscal years 1967-1968 and 1968-1969, generally known as the

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General Appropriations Act, so as to change the appropriations and provisions relative to the fiscal year 1968-1969; and for other purposes.
Referred to the Committee on Appropriations.

HB 961. By Messrs. Murphy of the 26th, Caldwell of the 51st, Lane of the 64th and Paris of the 23rd:
A Bill to be entitled an Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1968, in addition to any other appropriations heretofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes provided for herein; and for other purposes.
Referred to the Committee on Appropriations.

By unanimous consent, the following Bills and Resolutions of the House were read the second time:

HB 927. By Mr. Harrison of the 98th:
A Bill to be entitled an Act to create a new charter for the Town of Homeland, in the County of Charlton and to reincorporate said town as a city, and define its territorial limits; and for other purposes.

HB 928. By Mr. Alexander of the 133rd:
A Bill to be entitled an Act to provide that a person prosecuting a lien on personal property shall give bond in at least double the amount sworn to be due, payable to the defendant, for all costs and damages sustained in consequence of prosecuting such lien under certain circumstances; and for other purposes.

HB 929. By Mr. Alexander of the 133rd:
A Bill to be entitled an Act to amend an Act relating to public and legal holidays, so as to change the name "Memorial Day" to "Confederate Memorial Day"; and for other purposes.

HB 930. By Mr. Harrison of the 98th:
A Bill to be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding and modernizing pre-trial, trial and certain post-trial procedures in civil cases, so as to provide that the judge or clerk may grant an order that service be made by the publication of summons; and for other purposes.

HB 931. By Messrs. Bostick of the 93rd, Kaylor of the 4th, Smith of the 3rd and others:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to provide that the members of the Georgia

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Bureau of Investigation shall receive an annual clothing allowance; and for other purposes.

HB 932. By Messrs. Northcutt, Gary and Lee of the 35th, Parker of the 68th, Wood of the 16th, Tucker of the 36th and others:
A Bill to be entitled an Act to provide for the issuance by the State Revenue Commissioner of special license tags to motor vehicle owners who operate citizens' band radio stations; and for other purposes.

HR 420-932. By Messrs. Northcutt of the 35th and Lane of the 126th:
A Resolution proposing an amendment to the Constitution, so as to provide that no political entity shall exercise its power of eminent do main to condemn any building used as a residence or business until all occupants have been relocated; and for other purposes.

HR 421-932. By Mr. Dailey of the 66th:
A Resolution proposing an amendment to the Constitution so as to create the Quitman County Industrial Development Authority; and for other purposes.

HR 422-932. By Messrs. Rainey of the 69th, Hall of the 67th, Stalnaker of the 59th, Mullinax of the 42nd, Grahl of the 52nd and others:
A Resolution proposing an amendment to the Constitution, so as to create a new Game and Fish Commission; and for other purposes.

HR 423-932. By Mr. Lee of the 35th: A Resolution compensating Mr. Jack Lee Arnold; and for other purposes.

HB 933. By Messrs. Murphy of the 26th and McClatchey of the 138th:
A Bill to be entitled an Act to amend Code Section 100-108, so as to provide that industrial revenue bonds or bonds of development author ities duly validated and not in default may be given by state depositories provided the appropriate county or municipality has the lawful authority to levy an annual tax in support thereof; and for other purposes.

HB 934. By Messrs. Murphy of the 26th and McClatchey of the 138th:
A Bill to be entitled an Act to amend Code Chapter 13-20, so as to pro vide for the investment by a bank in the stock of a corporation engaged in international or foreign banking; and for other purposes.

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HB 935. By Messrs. Murphy of the 26th and McClatchey of the 138th:
A Bill to be entitled an Act to amend Code Section 13-2023, so as to provide for the purchase of capital stock in subsidiary corporations organized for the purpose of exercising such incidental powers as may be necessary to carry on the business of banking; and for other purposes.

HB 936. By Messrs. Murphy of the 26th and McClatchey of the 138th:
A Bill to be entitled an Act to amend Code Sections 13-2013, so as to change the limitations of loans by banks secured by shipping documents, warehouse receipts or other such documents transferring or securing title covering readily marketable, non-perishable staples, agricultural products, manufactured goods, livestock, forest products and other chat tels in storage in bonded warehouses when such property is fully covered by insurance, if it is customary to insure such property; and for other purposes.

HB 937. By Messrs. Murphy of the 26th and McClatchey of the 138th:
A Bill to be entitled an Act to amend Code Section 13-2012, so as to provide that the provisions of this Section shall not apply to certain types of indebtedness; and for other purposes.

HB 938. By Messrs. Murphy of the 26th and McClatchey of the 138th:
A Bill to be entitled an Act to amend Code Chapter 13-18, so as to pro vide that banks shall have the corporate power to do all and everything necessary and proper for the accomplishment of any and all objectives which the Superintendent of Banks may approve as incidental, related, or necessary to effectively provide full banking service and services incidental and related thereto; and for other purposes.

HB 939. By Messrs. Murphy of the 26th and McClatchey of the 138th:
A Bill to be entitled an Act to amend Code Title 13 known as the "Bank ing Law" of Georgia so as to provide that common stock which is used to convert capital notes or debentures or to consummate the sale of stock pursuant to the exercise of stock options shall be common stock authorized by amendment to the charter of the bank but not issued and sold at the time of such amendment; and for other purposes.

HB 940. By Messrs. Murphy of the 26th and McClatchey of the 138th:
A Bill t be entitled an Act to amend Code Title 13 known as the "Banking Law" of Georgia, so as to remove the provisions relating to private banks and bankers; to change the distance between the location of a bank office or bank facility and a parent bank; and for other purposes.

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HB 941. By Messrs. Higginbotham of the 119th and Lane of the 64th:
A Bill to be .entitled an Act to create the Georgia Commission on Con stitutional Government; and for other purposes.

HR 424-941. By Mr. Ployd of the 7th:
A Resolution compensating Mr. Robert A. Housch; and for other pur poses.

HR 425-941. By Messrs. Adams of the 125th, Carnes of the 129th, Cox of the 127th, Sullivan of the 95th and others:
A Resolution proposing an amendment to the Constitution so as to pro vide for the appropriation of a portion of motor fuel taxes to the State Game and Fish Commission for the purpose of financing and construc tion, maintenance and operation of boating and fishing facilities and a boating safety program; and for other purposes.

HR 426-941. By Messrs. Walling of the 118th, Lee of the 79th and others:
A Resolution proposing an amendment to the Constitution so as to pro vide for the creation of the State Council for Removal of Appointed Constitutional Officers; and for other purposes.

HR 427-941. By Messrs. Rowland and Joiner of the 48th:
A Resolution compensating Mrs. Daphne Whitaker; and for other purposes.

HR 428-941. By Messrs. Rowland and Joiner of the 48th:
A Resolution compensating Mrs. Geneva J. Harrison; and for other purposes.

HB 945. By Messrs. Black of the 56th, Matthews of the 94th, Kirksey of the 87th, Russell of the 92nd and others:
A Bill to be entitled an Act to stabilize the marketing of milk and milk products in Georgia; to provide for the creation and appointment of a Georgia Milk Stabilization Commission; and for other purposes.

By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 872. By Mr. Johnson of the 25th:
A Bill to amend an Act incorporating the City of Bowman, in the County of Elbert, to change the term of office of the Mayor from one year to two years and to change the term of office of the Clerk and Treasurer

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from one year to two years and to provide that the Clerk and Treasurer shall be elected by the Mayor and City Council instead of by the voters as now required.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 873. By Mr. Johnson of the 25th: A Bill to amend an Act to change the compensation of the Sheriff of Elbert County; to provide for his deputies, vehicles and supplies; and for other purposes, so as to require the Sheriff to furnish to the Board of Commissioners annually a recommended budget for his needs and requirements as to deputies and their salaries, vehicles, office employees and supplies to operate his office.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 893. By Messrs. Douglas and Gay of the 60th: A Bill to be entitled an Act to amend an Act creating the City Court of Dublin, so as to change the name of the City Court of Dublin; to provide that the changing of the name of the said court shall not affect the status of the said court in any other manner; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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HB 902. By Messrs. Cato and Dollar of the 89th:
A Bill to be entitled an Act to require the Board of Education of Decatur j County to publish a summary of all receipts and expenditures of said Board of Education on a monthly basis; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 913. By Mr. Clarke of the 45th: A Bill to be entitled an Act to amend an Act placing the sheriff of Butts County on an annual salary, so as to change the compensation of the deputy sheriffs; to authorize the employment of additional deputies; to provide for their compensation; to provide for additional automobiles; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 914. By Mr. Clarke of the 45th: A Bill to be entitled an Act to amend an Act placing the clerk of the Superior Court of Butts County on an annual salary, so as to provide for the employment of additional personnel within the clerk's office; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

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

MONDAY, JANUARY 15, 1968

225

HB 918. By Mr. Rush of the 75th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues for Tattnall County, so as to change the number of commissioners; to change their method of election; to provide the procedure for selecting a chairman and other officers of the board; to authorize the employment of an administrative assistant; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 919. By Mr. Rush of the 75th:
A Bill to be entitled an Act to provide for the election of members of the Board of Education of Tattnall County; to provide for education districts; to provide the manner of electing members to the board; to provide for the filling of vacancies on the board; to provide for the appointment of the county school superintendent and his compensation; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 922. By Mr. Shanahan of the 8th:
A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court and the Ordinary of Gordon County, known as the fee system; to provide in lieu thereof annual salaries for such officers; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

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HB 924. By Messrs. Ware and Mullinax of the 42nd:
A Bill to be entitled an Act to amend an Act repealing an Act relative to the salaries of officials in certain counties, so as to change the compen sation of the sheriff, clerk of superior court, tax commissioner and ordinary of Troup County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HR 377-853 By Mr. Johnson of the 25th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Elbert County Industrial Building Authority; to provide for powers, au thority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article V, Section IX of the Constitution is hereby amended by adding at the end thereof a new paragraph which shall read as follows:
"A. There is hereby created a body corporate and politic in Elbert County to be known as the Elbert County Industrial Building Authority, which shall be an instrumentality of Elbert County and a public corporation and which in this amendment is hereafter referred to as the Authority';
"B. The Authority shall consist of five (5) members, one of whom shall be the Chairman of the Board of Commissioners of Elbert County; one of whom shall be the Mayor of the City of Elberton; one of whom shall be the Mayor of Bowman; one of whom shall be the President of the Chamber of Commerce of Elbert County, or its successors and one of whom shall be appointed by the four other members first above mentioned.
"(1) The terms of office of the members who are the Chairman of the Board of Commissioners of Elbert County, the Mayor of the

MONDAY, JANUARY 15, 19G8

227

City of Elberton, the Mayor of the City of Bowman and the President of the Chamber of Commerce of Elbert County or its successor shall run concurrently with their respective tenures of such offices in said bodies, and their respective successors in such offices shall succeed them as members of the said Authority.

"(2) The one member initially appointed by the four other members first above mentioned shall be appointed for terms of five years. The respective successors of said one member shall be ap pointed for terms of five years and the said one member shall be eligible for reappointment. In the event of the death or resignation of the one of said appointed member, the successor shall be ap pointed by the remaining members for the balance of the unexpired term. No vacancy shall impair the power of the Authority to act.

"C. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Elbert County.

"D. The powers of the Authority shall include, but not be limited to the Power:

"(1) To receive and administer gifts, grants and donations and to administer trusts;

"(2) To borrow money, to issue notes, bonds and revenue certifi cates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;

"(3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;

"(4) To have and exercise usual powers of private corporation except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;

"(5) To encourage and promote the expansion and development of industrial and commercial facilities in Elbert County so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Elbert County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabri cating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, in cluding the demolition of existing structures, or through the acqui-

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sition of an existing building and the remodeling, renovating, reconstruction, furnishing and equipping of such building;

"(6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms, or corporations.

If sold, the purchase price may be paid at one time or in in stallments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the under
taking.

"(7) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;

"(8) To designate officers to sign and act for the Authority generally or in any specific matter;

"(9) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein
stated;

"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Elbert County.

"F. The members of the Authority shall receive no compensa tion for their services to the Authority.

"G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority
is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. L. 1937,
p. 761) as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligation had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the
Authority may be pledged, mortgaged, conveyed, assigned, hypothe cated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein con tained shall be construed to create a right to compel any exercise

MONDAY, JANUARY 15, 1968

229

of the taxing power of Elbert County to pay any such bonds or the interest thereon nor to enforce payment thereof against any proper
ty of Elbert County.

"H. The Authority may authorize additional bonds, for exten sions and permanent improvements to any industrial building ac quired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorized proceedings.

"I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that the under taking for which the bonds are to be issued will increase employment in Elbert County.

"J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms, or corporations shall at any time be used for entertainment, or other promotional expenses.

"K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Elbert County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time.

"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Elbert County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with refer ence to the Authority shall be liberally construed for the accomplish ment of these purposes.

"M. This amendment shall be effective immediately upon procla mation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation.

"N. The General Assembly may by law further define and pre scribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The
Authority shall be an instrumentality of Elbert County and the scope of its operation shall be limited to the territory embraced within said county. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operation beyond such limits."

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on

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JOURNAL OF THE HOUSE,

their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to create NO ( ) the Elbert County Industrial Building Authority?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Barfield Bennett Berry, C. E. Berry, J. K. Black Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee

Caldwell Carnes Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Daugherty Davis DeLong Dillon

Dodson Dollar Doster Douglas Egan Fallin Fleming Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway Hale Hall Hargrett Harrington Harris, J. F.

Harris, J. E. Harris, R. W. Harrison Henderson Higginbotham Holder Hood Howard Howell Hutchinson Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Knapp Lambert Lambros Land Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Magoon Malone

MONDAY, JANUARY 15, 1968

231

Mason Mauldin Maxwell McClatchey McCracken McDaniell Melton Miller Mixon Moate Moreland Mullinax Murphy Nesmith Nimmer Odom Oglesby Pafford Palmer Parker, C. A. Parrish Peterson Pickard Potts Ragland Reaves Richardson Ross Rowland Rush Russell Savage

Scarlett Shanahan Shields Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Stalnaker Steis Sullivan Sweat Thompson, A. W. Thompson, R. Townsend Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Wamble Ward Ware Westlake Whaley
Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Battle Blalock, D. B.
Crowe, W. J. Dailey Dean
Dickinson Dixon Dorminy
Edwards Farmer Farrar
Floyd Funk
Hamilton Hill

Jenkins
Johnson, B. Jordan, W. H. Laite Lane, W. J. Leggett Matthews, C. Matthews, D. R. Merritt
Moore, Don C. Moore, J. H. Nash Newton Northcutt
Otwell

Paris Parker, H. W. Phillips
Poss Rainey Roach Snow Starnes Threadgill Tucker
Walling Wells Wiggins Mr. Speaker

On the adoption of the Resolution, the ayes were 158, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

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HE 386-880. By Messrs. Chandler and Harrington of the 47th:

A RESOLUTION

Proposing an amendment to the Constitution, so as to create the Milledgeville-Baldwin County Industrial Development Authority; to pro vide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1

Article VII, Section VII, Paragraph V of the Constitution is hereby amended by adding at the end thereof the following:

"A. There is hereby created a body corporate and politic in Baldwin County, to be known as the Milledgeville-Baldwin County Industrial Development Authority, which shall be an instrumentality of Baldwin County and a public corporation and which in this amend ment is hereafter referred to as the 'Authority'.

"B. The Authority shall consist of five members who shall be appointed by the Board of Commissioners of Roads and Revenues of Baldwin County and five members to be appointed by the mayor and councilmen of the City of Milledgeville. They shall serve for a term of five years. Vacancies shall be filled for the unexpired term by the respective appointing authorities. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. The Authority shall elect its own chairman and such other officers as it deems wise. The Chairman shall vote only to break an otherwise tie vote on any question. No vacancy shall impair the power of the Authority to act.

"C. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the
property, obligations and interest on the obligations of Baldwin County. The exemptions from taxation herein provided shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority. The exemption from taxation shall not extend to any leasehold interest in any property of the Authority.

"D. The powers of the Authority shall include, but not be limited to, the power:

"(1) To receive and administer gifts, grants and donations and to administer trusts;

"(2) To borrow money, to issue notes, bonds and revenues cer tificates, to execute trust agreements or indentures, and to sell,

MONDAY, JANUARY 15, 1968

233

convey, mortgage, pledge and assign any and all of its funds, prop erty and income as security therefor;

"(3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;

"(4) To have and exercise usual powers of private corporation except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;

"(5) To encourage and promote the expansion and development
of industrial and commercial facilities in Baldwin County so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Baldwin County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishing, ma
chinery and equipment. Such acquisition may be through the acqui sition of land and the construction thereon of a builidng, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building;

"(6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time
or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose,
to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking;

"(7) To accumulate its funds from years to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;
"(8) To designate officers to sign and act for the Authority generally or in any specific matter;
"(9) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.
"E. The Authority shall not be authorized to create in any man ner any debt, liability or obligation against the State of Georgia, City of Milledgeville or Baldwin County.

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"F. The member of the Authority shall receive no compensation for their services to the Authority.

"G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Au thority may be pledged, mortgaged, conveyed, assigned, hypothe cated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein con tained shall be construed to create a right to compel any exercise of the taxing power of the City of Milledgeville or Baldwin County to pay any such bonds or the interest thereon nor to enforce pay ment thereof against any property of the City of Milledgeville or Baldwin County.

"H. The Authority may authorize additional bonds, for exten sions and permanent improvements to any industrial building ac quired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings.

"I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that:

"(1) The undertaking for which the bonds are to be issued will increase employment in Baldwin County;

"(2) The lessee or purchaser of the building or buildings in volved will not by virtue of establishing operations in said county, reduce the number of employees employed by said lessee or pur chaser elsewhere in the State of Georgia.

"J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms, or corporations shall at any time be used for entertainment, or other promotional expenses.

"K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to the City

MONDAY, JANUARY 15, 1968

235

of Milledgeville and Baldwin County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time.

"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Baldwin County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with refer ence to the Authority shall be liberally construed for the accomplish ment of these purposes.

"M. This amendment shall be effective immediately upon procla mation of its ratification by the Governor and the first members of the Authority shall be appointed, within thirty (30) days after such proclamation.

"N. The General Assembly may by law further define and pre scribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of the City of Milledgeville and Baldwin County and the scope of its operations shall be limited to the territory embraced within said County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to create the City of Milledgeville and Baldwin County In-
NO ( ) dustrial Development Authority?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendent shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander
Anderson Ballard
Barber Barfield Bennett Berry, C. E. Berry, J. K. Black Bond Bostick
Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D.
Brown, C. Buck
Busbee Caldwell Games Gates Cato Chandler Cheeks Clarke Cole Collins, J. P. Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Daugherty Davis DeLong Dillon Dodson Dollar Doster

Douglas Egan Fallin Fleming
Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway Hale Hall
Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Holder Hood
Howard Howell Hutchinson Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Knapp Lambert Lambros Land Lane, Dick Lee, W. J. (Bill)
Lee, W. S. Leonard Le vitas Lewis

Longino Lovell Lowrey Magoon Malone Mason Mauldin
Maxwell McClatchey McCracken McDaniell Melton Miller
Mixon Moate
Moreland Mullinax Murphy Nessmith Nimmer
Odom Oglesby Pafford Palmer
Parker, C. A. Parrish
Petet-son Pickard
Potts Ragland Richardson Ross Rowland Rush
Russell Savage Scarlett Shanahan Shields Shuman Simmons Sims
Smith, G. W. Smith, J. R. Smith, V. T.

MONDAY, JANUARY 15, 1968

237

Smith, W. L. Stalnaker Steis Sullivan Sweat Thompson, A. W. Thompson, R. Townsend

Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Wamble Ward Ware

Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Battle Blalock
Crowe, W. J. Dailey Dean Dickinson Dixon Dorminy Edwards Farmer
Farrar Floyd Funk Hamilton Hill

Jenkins Johnson, B.
Jordan, W. H. Laite Lane, W. J. Leggett Matthews, C. Matthews, D. R. Merritt Moore, Don C.
Moore, J. H. Nash Newton Northcutt Otwell

Paris Parker, H. W.
Phillips Poss Rainey Reaves Roach Snow Starnes Threadgill
Tucker Walling Wells Wiggins Mr. Speaker

On the adoption of the Resolution, the ayes were 158, nays 0.

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

HR 406-912. By Mr. Howell of the 86th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Early County Development Authority; to provide for powers, authority, funds, purposes and procedures connected therewith; 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. The Constitution of this State is hereby amended by adding at the end of Article VII, Section VII, Paragraph V, the follow ing:

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"A. There is hereby created a body corporate and politic in Early County to be known as the 'Early County Industrial Develop ment Authority', hereinafter referred to as the 'Authority', which shall be an instrumentality of Early County and a public corpora tion.

"B. The Authority shall consist of the Commissioners of Roads and Revenues of Early County and the Mayor of the City of Blakely by virtue of their holding of said elective offices. Two additional members of the Authority shall be appointed by a majority of the Commissioners of Roads and Revenues of Early County. They shall be appointed for initial terms of two and four years, respectively, and until their successors are appointed and qualified; thereafter, their successors shall be appointed for terms of four years and until their successors are appointed and qualified. A majority of the members shall constitute a quorum and a majority may act for the Authority in any manner. No vacancy shall impair the power of the Authority to act.

"C. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Early County.

"D. The powers of the Authority shall include, but not be limited to, the power:

(1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage land, buildings and property of all kinds within the limits of Early County;

(2) To receive and administer gifts, grants and donations and to administer trusts;

(3) To grant, loan and lease without adequate consideration or without any consideration and with and without security, any of its funds and property to private persons and corporations operating or promising to operate any industrial plant or establishment within Early County which in the judgment of the Authority will be a benefit to the people of said County. The provisions of this clause shall not be construed to limit any other power of the Authority;

(4) To borrow money, to issue notes, bonds and revenue certifi cates therefor, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;

(5) To contract with Early County and other political sub divisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;

(6) To have and exercise usual powers of private corporation except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to

MONDAY, JANUARY 15, 1968

239

provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority.

(7) To encourage and promote the expansion and development of industry, agriculture trade, and commerce and the facilities there for in Early County, and to make long-range plans therefor, to re lieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Early County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabri cating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, ma chinery and equipment. Such acquisition may be through the acqui sition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building or building under construction and the re modeling, renovating, reconstructing, completing of construction, furnishing and equipping of such building. No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the Purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufifcient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking;

(8) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;

(9) To designate officers to sign and act for the Authority generally or in any specific matter;
(10) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated;
"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Early County.

"F. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority when in per formance of the work of the Authority, shall have the same im munity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in per formance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority.

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"G. The members of the Authority shall receive no compensa tion for their services of the Authority.

"H. In addition to the purposes for which Revenue Bonds are now permitted by this Constitution to be issued, the Authority, with the consent of the Board of Commissioners of Roads and Revenues of Early County, to carry out public purposes of this amendment is hereby authorized to issue Revenue Bonds bearing rate or rates of interest not to exceed 8% and maturing at the years and amounts determined by the Authority and the procedure of validation, is suance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as heretofore or here after amended, Ga. Code Ann. Supp. Charter 87-8, as if said obli gations had been originally authorized to be issued thereunder; pro vided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Author ity. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure, or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued.

"I. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or income
may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation.

"J. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Early County and its citizens, industry, agriculture and trade within the County of Early, and making long-range plans for such development and expansion and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose.

"K. This amendment shall be effective immediately upon proclamation of its ratification by the Governor and the first mem
bers of the Authority shall be appointed within thirty days after such proclamation.

"L. The General Assembly may by law further define and pre scribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Early County, and the scope of its operations shall be limited to the territory embraced within Early County. The General Assembly shall not extend the jurisdic tion of the Authority nor the scope of its operations beyond the limits of Early County.

MONDAY, JANUARY 15, 196S

241

"M. There shall be no limitations upon the amount of debt which the authority may incur, but no debt created by the Authority shall be a debt of Early County or the State.

N. In the event any section, subsection, sentence, clause or phrase of this amendment shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this amendment, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof."

Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to create the Early County Industrial Development Au-
NO ( ) thority and to provide for powers, authority, funds, purposes and procedures connected there with?"

All persons desiring to vote in favor of ratifying the proposed amendent shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard

Barber Barfield Bennett Berry, C. E.

Berry, J. K. Black Bond Bostick

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Bo wen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Cates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Daugherty Davis DeLong Dillon Dodson Dollar Doster Douglas Egan Fallin Fleming Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway Hale Hall Hargrett

Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Holder Hood Howard Howell Hutchinson Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Knapp Lambert Lambros Land Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Magoon Malone Mason Mauldin Maxwell McClatchey McCracken McDaniell Melton Miller Mixon Moate Moreland Mullinax Murphy Nessmith Nimmer

Odom Oglesby Pafford Palmer Parker, C. A. Parrish Peterson Pickard Potts Ragland Reaves Richardson Ross Rowland Rush Russell Savage Scarlett Shanahan Shields Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Stalnaker Steis Sullivan Sweat Thompson, A. W. Thompson, R. Townsend Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Wamble Ward Ware Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Battle Blalock Crowe, W. J. Dailey Dean

Dickinson Dixon Dorminy Edwards Farmer

Farrar Floyd Funk Hamilton Hill

MONDAY, JANUARY 15, 1968

243

Jenkins Johnson, B. Jordan, W. H. Laite
Lane, W. J. Leggett Matthews, C. Matthews, D. R. Merritt
Moore, Don C.

Moore, J. H. Nash Newton Northcutt
Otwell Paris Parker, H. W. Phillips Poss
Rainey

Roach Snow Starnes Threadgill
Tucker Wallins Wells Wiggins Mr. Speaker

On the adoption of the Resolution, the ayes were 158, nays 0.

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

HR 407-912. By Mr. Hall of the 67th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Lee County Development Authority; to provide for powers, authority, funds, purpose and procedures connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in Lee County to be known as the Lee County Development Authority, which shall be an instrumentality of Lee County and a public corpo ration and which in this amendment is hereby referred to as the "Authority";
"B. The Authority shall consist of seven members who shall serve for a term of five years and who shall be eligible for reappointment. The members shall be elected by a majority of the Board of Commissioners of Roads and Revenues of Lee County, two of whom shall reside within the city limits of Leesburg, Georgia, two within the city limits of Smithville, Georgia, and three at large from the area of Lee County outside the limits of Leesburg and Smithville. The first members shall be appointed as follows: two for terms of one year, two for terms of two years, and one for a term of three years, one for a term of four years, and one for a term of five years; and thereafter their successors shall be appointed for terms of five years. Vacancies shall be filled for the unexpired

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term by the said Board of Commissioners of Roads and Revenues. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. No member shall be a member of the Board of Commissioners of Roads and Revenues of Lee County, but there shall be no other disqualification to hold public office by reason of membership in the Authority;

"C. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Lee County.

"The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority. The right of any private person to use or occupy any real estate of the Authority for a period of one year or longer under any lease or other agreement for the purpose of taxation shall be classed as an interest in the real estate and as real property and shall be taxed as real property as now provided by law, or may be taxed as the General Assembly may hereafter provide by general or local law. The tax exemption herein provided also shall not include exemption from sale and use taxes on property purchased by the Authority or for use of the Authority;

"D. The powers of the Authority shall include but not be limited to, the power:

(1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage land, buildings and property of all kinds within the limits of Lee County;
(2) To receive and administer gifts, grants and donations and to administer trusts;
(3) To grant, loan and lease without adequate consideration or without any consideration and with and without security, any of its funds and property to private persons and corporations operating or promising to operate any industrial plant or establishment within Lee County which in the judgement of the Authority will be a benefit to the people of said County. The provisions of this clause shall not be construed to limit any other power of the Authority;

(4) To borrow money, to issue notes, bonds, and revenue certifi cates therefor, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;

(5) To contract with Lee County and other political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;

(6) To have and exercise usual powers of private corporation except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents, and employees and to

MONDAY, JANUARY 15, 1968

245

provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority;

(7) To encourage and promote the expansion and development of industry, agriculture trade, and commerce and the facilities there for in Lee County, and to make long-range plans therefor, to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Lee County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurte nances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demo lition of existing structures, or through the acquisition of an ex isting building and the remodeling, renovating, reconstructing, fur nishing and equipping of such building. No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking;

(8) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;

(9) To designate officers to sign and act for the Authority generally or in any specific matter;

(10) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated;

"E. The Authority shall not be authorized to create in any manner any debt, liability or obligations against the State of Georgia or Lee County;

"P. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority when in per formance of the work of the Authority, shall have the same im munity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Au thority may be sued the same as private corporations on any con tractual obligation of the Authority;

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"G. The members of the Authority shall receive no compensa tion for their services of the Authority;

"H. The Authority, with the consent of the Board of Commis sioners of Roads and Revenues of Lee County and to carry out purpose of this amendment, is hereby authorized to issue Revenue Bonds bearing rate or rates of interest and maturity at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure, or forced sale of any prop erty of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Bonds, thus issued, shall be paid first from the income of the Authority. In the event such income is not suf ficient to pay the principal and interest of such Revenue Bonds, as they mature, then the Board of Commissioners of Roads and Revenues are authorized and required to provide the additional funds necessary to make such payment, and for this purpose the said Com missions are authorized to levy an annual tax on all taxable property within the county provided such tax shall not exceed five mills;

"I. The Board of Commissioners of Roads and Revenues are also authorized in addition to the tax provided in Paragraph H, to appropriate to the Authority such amount from its funds each year as it shall see fit, and any funds so appropriated when paid to the Authority shall become a part of the funds of the Authority and may be used for the purposes as herein stated or as may hereafter be defined by law;

"J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds
as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or income
may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation;

"K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Lee County and its citizens, industry, agriculture and trade within the County of Lee, and making long-range plans for such development and expan sion and to authorize the use of public funds of Lee County for such puropse, and this amendment and any law enacted with refer ence to the Authority shall be liberally construed for the accomplish ment of this purpose;

MONDAY, JANUARY 15, 1968

247

"L. This amendment shall be effective immediately upon procla mation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty days after such proclamation;

"M. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Lee County, and the scope of its operations shall be limited to the territory embraced within Lee County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the liimts of Lee County;

"N. There shall be no limitations upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of Lee County or the State."

Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken there on, the Governor is hereby authorized and instructed to cause such pro posed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. Such proposed amendment shall be submitted as provided in said Paragraph.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to create the Lee County Development Authority, and to
NO ( ) provide for powers, authority, funds, purposes and procedures connected therewith?"
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

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 returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

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JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.:

Adams
Alexander Anderson
Ballard Barber Barfield Bennett Berry, C. E. Berry, J. K. Black Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D.
Brown, C. Buck Busbee Caldwell Games Gates Cato Chandler Gheeks Clarke Cole
Collins, J. F. Collins, M. Colwell Conner
Cook Cooper, B.
Cooper, J. R. Cox Crowe, William Daugherty Davis DeLong Dillon Dodson Dollar Doster Douglas Egan Fallin Fleming Gary Gay
Gaynor Gignilliat

Grahl Graves Grier Gunter Hadaway Hale Hall
Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Holder Hood Howard Howell Hutchinson Johnson, A. S.
Joiner Jones, C. M. Jones, M.
Jordan, G. Kaylor Kirksey
Knapp Lambert Lambros Land Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard
Levitas Lewis Longino Lovell Lowrey Magoon
Malone Mason Mauldin Maxwell
McClatchey McCracken McDaniell Melton Miller Mixon Moate Moreland

Mullinax Murphy Nessmith Nimmer
Odom Oglesby Pafford Palmer Parker, C. A. Parrish Peterson Pickard Potts Ragland
Reaves Richardson
Ross Rowland Rush Russell Savage Scarlett Shanahan Shields Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Stalnaker Steis Sullivan Sweat Thompson, A. W. Thompson, R. Townsend
Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Wamble Ward Ware Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles
Wood

MONDAY, JANUARY 15, 1968

249

Those not voting were Messrs.:

Battle Blalock
Crowe, W. J. Dailey Dean Dickinson Dixon Dorminy Edwards Farmer Farrar Floyd Funk Hamilton
Hill

Jenkins Johnson, B.
Jordan, W. H. Laite Lane, W. J. Leggett Matthews, C. Matthews, D. R. Merritt Moore, Don C. Moore, J. H. Nash Newton Northcutt
Otwell

Paris Parker, H. W.
Phillips Poss
Rainey
Roach Snow Starnes Threadgill
Tucker Walling Wells
Wiggins Mr. Speaker

On the adoption of the Resolution, the ayes were 158, nays 0.

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

HR 408-912. By Messrs. Cato and Dollar of the 89th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to increase the jurisdiction of the justices of the peace in Decatur County; 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 VII, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following:
"Provided, however, the justices of the peace in Decatur County shall have jurisdiction in all civil cases arising ex contractu and in cases of injury or damage to and conversion or personal property when the principal sum does not exceed five hundred ($500.00) dollars."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two

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branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to inNO ( ) crease the jurisdiction of the justices of the peace
in Decatur County?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Barfield Bennett Berry, C. E. Berry, J. K. Black Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C.

Buck Busbee Caldwell Games Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William

Daugherty Davis DeLong Dillon Dodson Dollar Doster Douglas Egan Fallin Fleming Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter

MONDAY, JANUARY 15, 1968

251

Hadaway Hale Hall Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Holder Hood Howard Howell Hutchinson Johnson, A. S . Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Knapp Lambert Lambros Land Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino

Lovell Lowrey Magoon Malone Mason Mauldin Maxwell McClatchey McCracken McDaniell
Melton Miller Mixon Moate Moreland Mullinax Murphy Nessmith Nimmer Odom Ogleby Pafford Palmer Parker, C. A. Parrish Peterson Pickard Potts Ragland Richardson Ross Rowland Rush Russell

Savage Scarlett Shanahan Shields Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Stalnaker Steis Sullivan Sweat Thompson, A. W. Thompson, R. Townsend Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Wamble Ward Ware Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Battle Blalock Crowe, W. J. Dailey Dean Dickinson Dixon Dorminy Edwards Farmer Farrar Floyd Funk Hamilton Hill

Jenkins Johnson, B. Jordan, W. H. Laite Lane, W. J. Leggett Matthews, C. Matthews, D. R. Merritt Moore, Don C. Moore, J. H. Nash Newton North cutt Otwell

Paris Parker, H. W. Phillips Poss Rainey Reaves Roach Snow Starnes Threadgill Tucker Walling Wells Wiggins Mr. Speaker

On the adoption of the Resolution, the ayes were 158, nays 0.

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

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HR 412-917. By Mr. Clarke of the 45th:

A RESOLUTION

Proposing an amendment to the Constitution, so as to create the Butts County Industrial Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and
for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1

Article VII, Section VII, Paragraph V of the Constitution is hereby amended by adding at the end thereof the following:

"A. There is hereby created a body corporate and politic in Butts County, to be known as the Butts County Industrial Develop ment Authority, which shall be an instrumentality of Butts County and a public corporation and which in this amendment is hereafter referred to as the 'Authority'.

"B. The Authority shall consist of five members who shall be appointed by the Board of Commissioners of Roads and Revenues of Butts County, and they shall serve for a term of five years. Vacan cies shall be filled for the unexpired term by the said Board of County Commissioners. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act.

"C. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Butts County. The exemptions from taxation herein provided shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority.

"D. The powers of the Authority shall include, but not be limited to, the power:
"(1) To receive and administer gifts, grants, and donations and to administer trusts;
"(2) To borrow money, to issue notes, bonds and revenue certifi cates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;
"(3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;

MONDAY, JANUARY 15, 1968

253

"(4) To have and exercise usual powers of private corporation except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;

"(5) To encourage and promote the expansion and development of industrial and commercial facilities in Butts County so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Butts County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabri cating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishing, ma chinery and equipment. Such acquisition may be through the acqui sition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building;

"(6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking;

"(7) To accumulate its funds from years to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;

"(8) To designate officers to sign and act for the Authority generally or in any specific matter;

"(9) To do any and all acts and things necessary or convenient to accompish the purpose and powers of the Authority as herein stated.

"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Butts County.

"F. The members of the Authority shall receive no compensa tion for their services to the Authority.

"G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is

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JOURNAL OF THE HOUSE,

hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Au thority may be pledged, mortgaged, conveyed, assigned, hypothe cated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure liberally construed for the accomplishment of these purposes.

"M. This amendment shall be effective immediately upon procla mation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation.

"N. The General Assembly may by law further define and pre scribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Butts County and the scope of its operations shall be limited to the territory embraced within said County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to create NO ( ) the Butts County Industrial Development Authority?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall

MONDAY, JANUARY 15, 1968

255

be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Bennett Berry, C. E. Berry, J. K. Black Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Games Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. E. Cox Crowe, William Daugherty Davis DeLong

Dillon Dodson Dollar Doster Douglas Egan Fallin Fleming Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway Hale Hall Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Holder Hood Howard Howell Hutchinson Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Knapp Lambert

Lambros Land Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lovell Lowrey Magoon Malone Mason Mauldin Maxwell McClatchey McCracken McDaniell Melton Miller Mixon Moate Moreland Mullinax Murphy Nessmith Nimmer Odom Oglesby Pafford Palmer Parker, C. A. Parrish Peterson Pickard Potts Ragland Richardson Ross Rowland

256
Eush Eussell Savage Scarlett Shanahan Shields Shuman Simmons Sims Smith, G. W. Smith, J. E. Smith, V. T.

JOUENAL OF THE HOUSE,

Smith, W. L. Stalnaker Steis Sullivan Sweat Thompson, A. W. Thompson, E. Townsend Turner Tye Underwood Vaughan, D. N.

Vaughn, C. E. Wamble Ward Ware Westlake Whaley Williams Wilson, J. M. Wilson, E. W. Winkles Wood

Those not voting were Messrs.:

Battle Blalock Crowe, W. J. Dailey Dean Dickinson Dixon Dorminy Edwards
Farmer Farrar Floyd Funk Hamilton
Hill

Jenkins Johnson, B. Jordan, W. H. Laite Lane, W. J. Leggett Matthews, C. Matthews, D. E. Merritt Moore, Don C. Moore, J. H. Nash Newton Northcutt Otwell

Paris Parker, H. W. Phillips
Poss Eainey Eeaves Eoach Snow Starnes Threadgill Tucker Walling Wells Wiggins Mr. Speaker

On the adoption of the Eesolution, the ayes were 158, nays 0.

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

Mr. Busbee of the 79th, Majority Floor Leader, stated that he was in com mittee meetings when the roll was called on HE 377-853, HE 386-880, HE 406-912, "HaEye"4.07-912, HE 408-912 and HE 412-917 and wished to be recorded as voting

Messrs. Dent of the 104th and Sherman of the 105th, were unable to record their votes due to mechanical failure, but wished to be recorded as voting "aye" on HE 377-853, HE 386-880, HE 406-912, HE 407-912, HE 408-912 and HE 912-917.
Mr. Floyd of the 7th stated that he had been called from the floor of the House when the roll was called on HE 377-853, HE 386-880, HE 406-912, HE

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407-912, HR 408-912 and HR 412-917, but had he been present would have voted

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolutions of the House, to-wit:
HR 390. By Mrs. Merritt of the 68th: A Resolution congratulating the Honorable Lester G. Maddox, the Honorable Frank E. Coggin, the Honorable Louis W. Truman, and the Honorable William Hardman for providing Georgia with the winning float in the Tournament of Roses Parade; and for other purposes.
HR 392. By Messrs. Lewis and Newton of the 50th: A Resolution expressing sorrow for the death of Lt. Jackson Elliott Cox; and for other purposes.
HR 393. By Messrs. Rowland and Joiner of the 48th; Douglas and Gay of the 60th: A Resolution expressing regret at the passing of Honorable J. Eugene Cook; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
SR 146. By Senators Shea of the 3rd, Plunkett of the 30th, McKenzie of the 17th and others. A Resolution pertaining to Uniform Time; and for other purposes.
Referred to the Committee on Industry.
SB 199. By Senators Smith of the 18th, Broun of the 46th, Johnson of the 42nd and others: A Bill to be entitled an Act to amend the "Georgia Administrative Pro cedure Act", so as to place the Board of Corrections and its penal insti tutions under the provisions of said Act; and for other purposes.
Referred to the Committee on State Institutions & Property.

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SB 202. By Senators Smith of the 18th, Broun of the 46th, Johnson of the 42nd and others:
A Bill to be entitled an Act to amend the "Georgia Administrative Pro cedure Act", so as to place the Board of Pardons and Paroles and the State Board of Probation under the provisions of said Act; and for other purposes.
Referred to the Committee on State Institutions & Property.

SB 203. By Senators Holloway of the 12th, Conway of the 41st, Abney of the 53rd and others:
A Bill to be entitled an Act to amend Code Title 114, relating to Work men's Compensation, so as to change procedures for review of settle ments; and for other purposes.
Referred to the Committee on Industrial Relations.

SB 207. By Senators Smith of the 18th and Hall of the 52nd:
A Bill to be entitled an Act to amend Code Section 47-102, relating to State Senatorial Districts, so as to change the descriptions and com position of certain Senatorial Districts; and for other purposes.
Referred to the Committee on Legislative & Congressional Reapportionment.

The following Resolutions of the House were read and adopted:

HR 439. By Messrs. Miller of the 108th, Dodson of the 107th, Ragland, Wilson and Laite of the 109th:
A RESOLUTION
Extending congratulations on the birth of Mark Russell Dobbs; and for other purposes.
WHEREAS, Mark Russell Dobbs was born on Saturday, January 6, 1968, at 2:28 p.m. in Macon, Georgia; and
WHEREAS, Mr. and Mrs. Tim Dobbs are his parents; and
WHEREAS, the Members of the Bibb County Delegation are most pleased and delighted at the good fortune of Mr. and Mrs. Tim Dobbs.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest congratulations are hereby of fered to Mr. and Mrs. Tim Dobbs upon the birth of their son and best wishes for a most successful future are hereby extended to Mark Russell Dobbs.

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BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to each of the above named persons.

HR 440. By Messrs. Harris and Levitas of the 118th:
A RESOLUTION
Commending Mrs. Virginia (Frank D.) Stringer and for other purposes.
WHEREAS, for a number of years VIRGINIA STRINGER has given of hereself and her time - unselfishly and without reward - in the furtherance and betterment of civic and public affairs; and
WHEREAS, she has been an active member of the League of Women Voters of DeKalb County, having served as President for two years as well as having served in other responsibile positions; and
WHEREAS, she thereafter served on the Board of Directors of the State League of Women Voters in charge of Organization, during which time she organized a new League in Clayton County; and
WHEREAS, she became a League observer in the General Assembly where she served faithfully, tirelessly and well, making many friends among the members of the House of Representatives and gaining the respect and admiration of all with whom she came in contact; and
WHEREAS, it was clearly apparent that she had become devoted to the House of Representatives to such a degree that she ceased being merely an "observer" but instead shared its pride in success, its care in problems and its disappointments in failure to such a degree and in so evident a manner that she, almost singlehandly, brought about a change in the hostile attitude most members originally had with respect to "those League women;" and
WHEREAS, she has now moved from our State - but in moving has left behind many friends and well-wishers.
NOW, THEREFORE, BE IT RESOLVED THAT THE HOUSE OF REPRESENTATIVES of the General Assembly of the State of Georgia does hereby extend to MRS. VIRGINIA (FRANK D.) STRINGER its congratulations on a job well done and its sincere regret that it will no longer have the benefit of her advice nor the scoldings of her tongue nor the warmth of her charm.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and instructed to transmit an appropriate copy of this Resolution to Mrs. Virginia (Frank D.) Stringer.

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HR 441. By Messrs. Wilson and Henderson of the 102nd, Howard and McDaniell of the 101st and Cooper of the 103rd:

A RESOLUTION
Commending the Marietta Blue Devils; and for other purposes.
WHEREAS, during the 1967 season, the Blue Devils of Marietta High School enjoyed a most outstanding football season; and
WHEREAS, after a most difficult season on December 2, 1967, the Marietta Blue Devils defeated Columbus High School for the State AAA football championship therefore establishing themselves as the most outstanding football team in the State of Georgia for the year 1967; and
WHEREAS, the outstanding and fine coach, French Johnson, is to be commended for the excellent job of coaching and guidance which he gave to this group of fine young athletes; and
WHEREAS, it is only befitting and proper that the outstanding athletic abilities of each and every member of the 1967 Marietta Blue Devils football team be recognized.
NOW, THEREFORE BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby extend to Coach French Johnson and each and every member of his outstanding foot ball team this body's most heartiest and warmfelt congratulations for a fine season and for the outstanding sportsmanship which they dis played during their travels to the 1967 State AAA Championship.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an appropriate copy of this Resolution to Coach French Johnson and each and every member of the Marietta Blue Devils football team.

HR 442. By Messrs. Stalnaker and Peterson of the 59th, Dollar of the 89th, Anderson of the 71st, Doster of the 73rd, Bowen of the 69th and Moate of the 39th:
A RESOLUTION
Requesting the United States Postmaster General to issue a postage stamp commemorating the historic carving on the face of Stone Mountain; and for other purposes.
WHEREAS, the historic carving on the face of Stone Mountaiin depicting Confederate President Jefferson Davis, General Robert E. Lee and General Thomas Jonathan (Stonewall) Jackson will be unveiled during 1968; and

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261

WHEREAS, Stone Mountain is the largest granite monolith in the world; and

WHEREAS, when the carving is completed and thus combined with the natural phenomena of the mountain, Stone Mountain will truly rank as the eighth wonder of the world; and

WHEREAS, the historic carving is a fitting memorial to those who served and those who died in behalf of a cause that shaped the destiny of America; and

WHEREAS, the Stone Mountain Memorial Association has de veloped Stone Mountain into one of the most unique historical, education al and recreational facilities in the world.

NOW, THEREFORE BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA that this body does hereby request the United States Postmaster General to issue a postage stamp com memorating the historic carving on the face of Stone Mountain.

BE IT FURTHER RESOLVED that this body does further request that the United States Postmaster General issue such commemorative stamp at the Stone Mountaiin Post Office on the same day that the carving is unveiled.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward an appropriate copy of this resolution to Honorable Lawrence O'Brien, United States Post master General; Honorable Lester G. Maddox, Governor, State of Georgia; Honorable Richard B. Russell, United States Senator, State of Georgia; Honorable Herman E. Talmadge, United States Senator, State of Georgia; Honorable G. Elliott Hagan, Representative, 1st Congressional District, State of Georgia; Honorable Maston O'Neal, Representative, 2nd Congressional District, State of Georgia; Honorable Jack Brinkley, Representative, 3rd Congressional District, State of Georgia; Honorable Ben B. Blackburn, Representative, 4th Congressional District, State of Georgia; Honorable Fletcher Thompson, Representa tive, 5th Congressional District, State of Georgia; Honorable John J. Flynt, Jr., Representative, 6th Congressional District, State of Georgia; Honorable John W. Davis, Representative, 7th Congressional District, State of Georgia; Honorable W. S. Stuckey, Jr., Representative, 8th Congressional District, State of Georgia; Honorable Phil M. Landrum, Representative, 9th Congressional District, State of Georgia; Honorable Robert G. Stephens, Jr., Representative, 10th Congressional District, State of Georgia; and Honorable Phil Campbell, Chairman, Stone Mountain Memorial Association.

HR 443. By Mr. Laite of the 109th:
A RESOLUTION
A Resolution commending Honorable J. H. Dewberry; and for other purposes.

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WHEREAS, the Honorable J. H. Dewberry has recently retired from his position in State government after a long and illustrious career as a public servant; and

WHEREAS, J. H. Dewberry for many years was a valued em ployee of the State Board of Regents serving as the Director of the Division of Plant and Business Operations; and

WHEREAS, during Mr. Dewberry's period of public service, he expended many long hours in attending to the many varied and pressing responsibilities which his important positiion required; and

WHEREAS, J. H. Dewberry, by his devotion to the duties and responsibilities of his employment, rendered long and valuable services to the people of the State of Georgia; and

WHEREAS, it is only befitting and proper that the outstanding service rendered by the Honorable J. H. Dewberry to the citizens of this State should be recognized and commended.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby extend to the Honorable J .H. Dewberry, upon his retirement from State service, its warmest and most heartfelt appreciation for an excellent job well done while serving as a distinguished and valued employee of the State Board of Regents.

BE IT FURTHER RESOLVED that the clerk of the House of Representatives is authorized and instructed to forward an appropriate copy of this Resolution to the Honorable J. H. Dewberry.

HR 444. By Mr. Brown of the 34th:
A RESOLUTION
Supporting the United States policy of aiding all of the free peoples of the world in the fight against Communist aggression; and for other purposes.
WHEREAS, the United States of America is a Nation which was created because of self-determination and the right of all free men to remain free from oppression; and
WHEREAS, the United States firmly believes in this philosophy and throughout the years has always assisted freedomloving peoples in the fight against aggression and oppression wherever dictators and aggressors have attempted to snuff out the light of freedom; and
WHEREAS, the United States of America has once again joined hands with its allies in coming to the aid of the freedom-loving people of South Viet Nam in their fight against the communist invaders from

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North Viet Nam who threaten the peace, security and right of the South Vietnamese to remain free from oppression; and

WHEREAS, once again this aid has resulted in the spilling of American blood because the United States bears witness to the philosophy it espouses; that its ideals and virtues have definitive meaning worthy of the supreme sacrifice which at times is necessitated.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body wishes to express its gratitude and appreciation to the valiant military forces of the United States and its allies for their deep and sincere conviction of responsibility to our country and freedom; military forces which possess the seeds of great ness and which give of themselves unswervingly in the fight to protect our freedoms and to keep our vast legacies virbrant and intact.

BE IT FURTHER RESOLVED that this body proclaims its loyalty and support of the Armed Forces of the United States and its allies as they fight on the seas, in the skies and in the jungles of Viet Nam in the cause of freedom and peace.

HR 446. By Mr. Smith of the 54th:
A RESOLUTION
Extending congratulations to Honorable W. M. (Bill) Williams on his 58th birthday; and for other purposes.
WHEREAS, Honorable W. M. (Bill) Williams, the gentleman from Hall, is celebrating his 58th birthday on this day, January 16, 1968; and
WHEREAS, he has performed an outstanding job as a member of the General Assembly for many years and particularly in the field of traffic safety and motor vehicle legislation; and
WHEREAS, he is active in the civic and business affairs of his community, the City of Gainesville and Hall County and is one of the most outstanding public officials from that county; and
WHEREAS, his advice and counsel are highly valued by the other members of this body and he is known as one of the most able legislators in the General Assembly.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest congratulations are hereby ex tended to Honorable W. M. (Bill) Williams on the occasion of his 58th birthday, and the members of this body wish for him a long and suc cessful life and many more terms in the House of Representatives.

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BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a suitable copy of this resolution to Honorable W. M. (Bill) Williams.

The following Resolution of the House was read and referred to the Com mittee on State Institutions and Property:

HR 445. By Messrs. Sullivan of the 95th, Berry of the 110th, Gaynor of the 114th, Ragland of the 109th and Shanahan of the 8th:
A RESOLUTION
Creating an interim committee to study the ways and means of establishing a Georgia Fireman Training Center; and for other pur poses.
WHEREAS, protection of lives and property from destruction by fire is basic to the health and welfare of the citizens of Georgia; and
WHEREAS, successful fire fighting requires firemen to have a high degree of skill and technical knowledge; and
WHEREAS, the facilities for the training and education of firemen in Georgia need to be expanded and improved; and
WHEREAS, a previous interim committee recommended the creation of a new committee for the purpose of developing certain iinformation to make a detailed proposal for the creation of a fireman training center.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a legislative interim committee to study all matters relating to the ways and means of establishing a fireman training center for the State of Georgia. The committee shall be composed of five members of the House of Represen tatives to be appointed by the Speaker of the House. The members of the committee shall be authorized to consult with such public officials, officials of private associations and organizations and such other persons as it deems advisable in carrying out its duties and responsibilities. The committee shall be further authorized to receive and study a report, relating to the creation of a fireman training center, which is being prepared by the Fire Institute at Georgia Tech.
BE IT FURTHER RESOLVED that the members of the com mittee shall receive the expenses and allowances authorized for members of interim legislative committees. The members of the committee shall receive such expenses and allowances from the funds appropriated or available to the legislative branch of government, but shall receive the same for not more than ten days. The committee shall make a report of its findings and recommendations, which report shall be accompanied

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by such proposed legislation as might be recommended by the committee, on or before the convening of the General Assembly in January, 1969, on which date the committee shall stand abolished.

Pursuant to SR 142, adopted by the House and Senate, the Senate appeared upon the floor of the House and the Joint Session convened for the purpose of hearing a message from Honorable Herman E. Talmadge, Junior United States Senator from the State of Georgia.

The Joint Session was called to order by the President of the Senate.

The Secretary of the Senate read the Resolution providing for the Joint Session.

Accompanied by the Committee of Escort, His Excellency, Governor Lester G. Maddox, Honorable Herman E. Talmadge and other distinguished guests appeared upon the floor of the Housa.

The President of the Senate, Lieutenant Governor George T. Smith presented His Excellency, Governor Lester G. Maddox, who gave the following introductory remarks, after which he presented Honorable Herman E. Talmadge:
LIEUTENANT GOVERNOR SMITH, SPEAKER SMITH, OFFI CIALS AND GUESTS, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA, LADIES AND GENTLEMEN:
The speaker I have the honor to present is no stranger to you or this Chamber.
He has been the chief architect and prime mover of much of the history that has been written within these halls and inside this Capitol over much of the past quarter of a century.
And the good results of his leadership have earned him the admira tion and gratitude of us all.
There are many things I might say in praise of him.
He has spent his entire adult life in public service.
He has fought for his country and he has served and is serving his fellow citizens as their Governor and United States Senator.
He has brought honor to his State and earned nationwide acclaim and respect as a champion of the farmer and working man, a defender

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of free enterprise, a proponent of progress and a consistent advocate of individual freedom and local self-government.

He has set examples of effective leadership, responsible citizenship and personal integrity which long will be the standards by which Georgia measures her leaders.

Throughout his public career he has been identified with countless programs, projects and proposals for providing brighter and more re warding futures for our young people.

In fact, it is no overstatement to say that his name in this State is synonymous with education and economic opportunity.

Because of his vision and courage two decades ago, Georgia today has the educational programs and facilities to prepare her youth to take their full and rightful places in the Space Age.

Because of his foresight and determination in promoting industrial development and in fostering a favorable economic climate for Georgia, Georgia continues to be a leader in providing good jobs for her grow ing population.

Because of his deep, heartfelt concern for the well-being and progress of all Georgians, the Georgia children of today will tomorrow inherit a richer, finer Georgia and lead happier, fuller lives.

It is, therefore, my happy privilege to present to you a man who is a champion of progress -- a man who is attentive to the needs and wishes of the people he serves -- the illustrious son of a renowned father -- my friend and your friend -- our Junior United States Senator -- the Honorable Herman Eugene Talmadge. Senator Talmadge:

The following address was delivered by Honorable Herman E. Talmadge: GOVERNOR MADDOX, LIEUTENANT GOVERNOR SMITH, SPEAK ER SMITH, DISTINGUISHED MEMBERS OF THE GENERAL AS SEMBLY, HONORED GUESTS, LADIES AND GENTLEMEN, MY FELLOW GEORGIANS:
This is indeed a moment of rare personal pleasure.
Just 20 years ago, in 1948, in this very hall, I was first privileged to address the General Assembly.
You and I have had a long and rewarding association.
Your goal and mine has been the common pursuit of progress in Georgia.
Today Georgians are prospering.

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267

And, thank goodness, Georgians have also kept faith with their beliefs.

--Georgians still believe in the American flag.

--Georgians still believe in honoring draft cards.

--Georgians still believe in serving their state and nation.

--Georgians still believe in law and order.

--Georgians still believe that streets are made for travel--and not for riots.

Yes, Georgia is prospering.

Georgians can hold their heads high, wherever they go.

But it was not always so.

Georgians have paid the price of their convictions. Georgians have known the devastation of war. Georgians have known military occupa tion. Georgians have known poverty. In fact, Georgians have experienced almost every form of deprivation.

But, Georgians have never asked for an easy life.

Georgians have always had power and conviction, equal to any task.

Much is said about America's social and economic revolution.

My friends, Georgia has been in the midst of a social and economic revolution since 1948.

It has been a revolution of social maturity and economic advance ment.

It has been a revolution of building upon cherished American prin ciples of free enterprise, individual liberty, and opportunty--not in tearing those principles down.

Our goal, and the goal of all Georgians, is for everyone to be able to live, and work, in security, in peace, and in happiness.

You and I will never rest until there is a better life for every Georgian . . . not just for some of the people, in some parts of the State, but for all the people, in all parts of the State.

With God's help, that day will come in Georgia.

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Twenty years is an important milestone. My close association rooted in faith and friendship with you, the General Assembly, during my administration, and since that time, makes it fitting to review the State's Progress.

Together, we had six effective years.

With the support of the people, we compiled a record that has stood the test of time.

It is now a fixed part of everyday life in Georgia.

1948 was a turning point. . .

--Georgians were tired of bad schools.

--They were tired of no schools.

--Georgians were tired of sorry roads.

--They were tired of no roads.

--Georgians were tired of tired government.

They would no longer tolerate government to benefit the few at the expense of the many.

In short, the people were fed up.

The people did not ask--they demanded a new day for Georgia.

Many of you here today know what I am talking about.

You were here. You got the message, just like I did.

We were challenged to bring Georgia out of the backwoods. More than that, we were challenged to plan Georgia's growth for decades ahead.

And . . . together we met the challenge.

We invigorated State Government. Past mistakes were corrected. We took the State in new directions. Sound programs were designed.

We carried them out.
Our work sustained Georgia through several trying years. It stimulated the New Georgia that we know today.
We adopted the basic plan for growth that has been carried on by each successive Governor and each successive General Assembly.

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It produced a whole new generation of better-educated Georgians. This brought industrial development, more jobs, and higher wages.

Per capita income has tripled.

But best of all, we stopped the out migration of our people, parti cularly the young and intelligent.

Today, Georgia is literally the land of opportunity for bright, young men and women.

They come to Georgia from every state in the Union, and from many foreign countries. Instead of losing brain power, we are gaining it.

When you and I joined hands in 1948, the State was at a low ebb.

Children were denied their right to an adequate education. Their parents were deprived of an opportunity for good jobs.

The situation was desperate. The State Government went from one crisis to another.

Schools were pitiful. Students, by hundreds of the thousands, were neglected. Thousands of others were ignored, and not even able to go to school.

Classrooms were overcrowed, poorly heated, and dimly lit. Buildings were run down. Some schools were about to close their doors.

Teachers were no better off. Woefully underpaid, they were leaving Georgia in droves.
The predicament of our colleges, was just as bad. There was an exodus of faculty members from our campuses.

Worst of all, many deserving youngsters were being turned away.

Educaton was not suffering alone. Almost every other facet of State service was also neglected.
We knew we could not cure everything overnight. But we were determined to move--and we did move--forward.

Common schools got first attention. We created a splendid new concept -- The Minimum Foundation Program for Education, which would guarantee good schools for the children of Georgia.

Through tax revision, the General Assembly then provided the many millions of dollars needed for education.

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Teachers' salaries were almost tripled before we were done. We stopped the migration of teachers.

We created the State School Building Authority. We built decent schools.

Since then Georgia has built more classrooms than any State in the Union, except New York and California, both of which have about four times our population.

We moved ahead in all areas of education.

We provided safe school buses for all.

We made the 9-month school term a reality.

We added the 12th grade to high schools.

For the first time, we provided state funds for school lunchrooms.

What we did for the common schools, we did equally for the University System.

--through the University System Building Authority.

--through doubled faculty salaries.

--and by nearly tripling the State appropriation for our colleges.

We made education the most important business of the State.

It remains so today.

But we did not stop with education.

We advanced health, welfare, industrial development, agriculture, highways, public safety.

Throughout State services, nothing was left unnoticed. Nothing was left to chance.
--We provided hospitals and health centers, near to and within the means of millions of Georgians.

--We put 13,000 miles of roads under contract.
--We stressed agriculture, helping farmers get their fair share of the State and national income.

--We modernized the Department of Public Safety.

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--We created a Department of Commerce to promote industrial development. Manufacturing became the State's "number one" employer.

--We purchased the Savannah Quartermaster Depot for $808,000. It was Georgia's "bargain of the century". Prom this humble beginning, the Georgia Ports Authority now pours more than one million dollars a day into the State's economy.

This is but part of our record.

The most significant fact, is however:

Georgia made the turn.

Georgia has not stopped moving since.

With this new prosperity have come many new and highly complex problems. The most aggravating one of all is caused by the migration of large numbers from rural areas into our cities.

Almost two-third of the people now live in our cities--with half of them in five metropolitan areas.

--Our cities touch the lives of everyone of us--every day.

--Their problems are our problems.

--Our rural areas touch the lives of everyone of us--every day.

--Their problems are also our problems.

In short, the lives of all of use are so interwoven that, the problems of each of us are the problems of all of us.

Atlanta - our state capital and the hub of commerce for the South east-needs special attention. More than a fourth of all Georgians live in the Atlanta area.

Transportation made Atlanta. Transportation will determine At lanta's future and the State's future. However, Atlanta's growth is being stifled by traffic on its streets. This strangulation must be
relieved.

Rapid transit and rapid busways are being studied. I hope that study will also be given to expansion of Atlanta's expressways. Los Angeles, for example, now serves 7 million people by a freeway system.

Atlanta's airport is the nation's fifth busiest. It handled almost 12 million passengers in 1967. It is forecast to handle some 50 million passengers within 15 years. Mail and cargo growth will be even greater. Atlanta's airport, as important to Georgia as to Atlanta, must be out-

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standing. Whatever is needed to make it outstanding must be planned for and provided.

These are matters of great significance to all Georgia.

These and all our problems, urban and rural, must be solved. I will continue to do my part.

As we review our record, I am proud that when we completed all
this work, Georgia's books were balanced. All that we did, we did within our income.

We kept our promise that the taxpayers would get maximum bene fit from every tax dollar spent.

We were guided by the basic truth that the only reason for govern ment's existence is to serve the people.

I thank God that this basic concept still prevails in Georgia.

I believe everyone is entitled to an economic opportunity. I believe every citizen has the right to an education, the right to a job opportunity, and the right to job training and retraining.

But with these individual rights go also individual responsibilities.
I submit that the greatest hindrance to progress in our country today is that so many people are looking around for some system that will give them something for nothing.
Government cannot motivate people. This must come from within. Problems of poverty, unemployment, and slums can best be solved by education, training, skills, and jobs.
We will look forward to the day when they can be solved.
But I can assure you that they will never be solved by the govern ment throwing money around like a drunken sailor.
There can be no dividing line between the national interest and the interest of the people of Georgia. They are one and the same.
The people of Georgia want sound government. They want fiscal responsibility. They want a maximum of individual liberty and a minimum of governmental control.
Unfortunately, there are Big Spenders in Washington who want to make a balanced budget a thing of the past.
They have passed on to the American people and their children a national debt of $330 billion.

They have burdened the people with inflation.

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They have sapped the economic strength of America by trying to play banker, policeman, and Santa Claus for the entire world.

And now the Big Spenders want more taxes.

I am willing to support taxes for national security. I would vote for taxes to protect the nation's economic stability.

But I will not vote taxes to be poured down a rat hole.

America cannot go on spending far beyond its means without a day of reckoning.

Look at our balance of payments. We have squandered money overseas so fast for so long that our dollars are now being thrown back at us, and swapped for our short supply of gold.

The President has announced plans to correct the dollar deficit.

I don't think he went far enough. He ought to take the bull by the horns and settle this problem--once and for all.

A piecemeal and half-hearted approach is like putting screen doors on submarines.

What we need to do is cut down on multi-billion-dollar foreign spending programs.

What we need to do is start fighting the war in Viet Nam like we mean to win it. That costs $2 billion a month. If we intend to stay in Viet Nam, I say we ought to take the war out of politics and out of the basement of the White House, and turn it over to our soldiers, our generals, and our admirals--with directions to win it and bring
our boys home.

Furthermore, we ought to pull some troops out of Western Europe.

They can, and should do more to look after their own defense.
It is ironic indeed that the nation which is doing its dead-level best to destroy the American dollar, is DeGaulle's Prance.
Twice during my lifetime, American soldiers have saved France, and tens of thousands of valiant Americans now lie in graves in the France they saved.
Let us remind Mr. DeGaulle that France owes the United States $7 billion in war debts.
I say we ought to tell Mr. De Gaulle:
General, your note is past due. Pay it.

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The paramount duty of every government is to maintain order.
This order is for the protection of the life, the liberty, and the property of all its citizens.

Every person in authority--beginning with the President of the United States--ought to make it crystal clear that we're going to have law and order.

People who break the law should be punished, without fear or favor.

People who are quilty of sedition should be jailed.

People who are guilty of insurrection should also be jailed.

I don't care who they are. I don't care what they are. I don't care where they come from. People who break the law are crimiinals. They ought to be treated as such.

A good starting point is Stokely Carmichael.

On July 4, 1956, at Rome, Georgia, I announced my candidacy for the United States Senate. I pledged to the people of Georgia that as their Senator my first and foremost duty was to serve them, just as it was during my administration as Governor.
I promised to keep faith with the people ... to keep faith with Georgia's sacred institutions . . . and to keep faith with her high ideals.
I pledged to represent all the people of Georgia.
I have endeavored to the best of my ability to honor this pledge.
In all humility, I submit to you that I have done so.
With the aid of Almighty God I shall continue to keep that faith.

Senator Coggin of the 35th moved that the Joint Session be now dissolved, and the motion prevailed.

The President of the Senate announced the Joint Session dissolved.

The Speaker called the House to order.

Under the general order of business, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

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275

HR 43-131. By Mr. Howard of the 101st:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Clerk of the Superior Court of Cobb County; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 114, nays 0.

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

HR 111-257. By Messrs. Snow and Hale of the 1st:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Lookout Mountain Judicial Circuit; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs:

Adams Alexander Anderson Ballard Barber Battle Berry, C. E. Berry, J. K. Black Bostick Branch Brantley, H. H. Brantley, H. L. Bray Brown, C. Buck Busbee

Carnes Gates Cato Chandler Cheeks Clarke
Cole . Collins, J. P. Collins, M. Colwell Conner Cooper, B. Cox Crowe, William Dailey Daugherty Davis

DeLong Dickinson Dillon Dixqn Dollar Dorminy Douglas Fallin , Floyd Gary Gay Gignilliat Grier Gunter Hadaway Hall Hamilton

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Harrington Harris, J. F. Harris, J. B. Harris, R. W. Harrison Henderson. Higginbotham Hill Holder Hood Howard Howell Hutchinson Jenkins Johnson, B. Jones, C. M. Jones, M. Kaylor Kirksey Knapp Lambert Lambros Land Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Longino Lovell Magoon

Malone Mason Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Mullinax Murphy Nash Nessmith Nimmer Northcutt Odom Oglesby Pafford Palmer Paris Parker, H. W. Parrish Peterson Phillips Pickard Ragland Reaves Richardson

Rush Russell Savage Scarlett Shanahan Shields Shuman Simmons Sims Smith, G. W. Smith, V. T. Smith, W. L. Stalnaker Sullivan Sweat Thompson, A. W. Thompson, R. Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Wamble Ward Ware Well Westlake Whaley Wilson, J. M. Wilson, R. W. Winkles

Those not voting were Messrs:

Barfield Bennett
Blalock Bond
Bo wen Brown, B. D. Caldwell
Cook Cooper, J. R. Crowe, W. J.
Dean Dodson Doster Edwards Egan Farmer Farrar Fleming Funk

Gaynor Grahl Graves Hale Hargrett Johnson, A. S. Joiner Jordan, G. Jordan, W. H. Laite Lane, W. J. Lewis Lowrey Matthews, D. R. Moore, Don C. Moore, J. H. Moreland Newton Otwell

Parker, C. A. Poss
Potts Rainey Roach Ross Rowland Smith, J. R. Snow Starnes Steis Threadgill Townsend Tucker Walling Wiggins
Williams Wood Mr. Speaker

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277

On the adoption of the Resolution, the ayes were 145 nays 0.

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

Messrs. Dent of the 104th and Sherman of the 105th were unable to record their votes due to mechanical failure, but wished to be recorded as voting "aye" on HR 111-257.

Mr. Busbee of the 79th stated that he was in committee meetings when the roll call was ordered on HR 111-257, but wished to be recorded as voting "aye".

HR 219-739. By Mr. Ward of the 2nd:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the clerk of the superior court of Catoosa County; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs:

Adams Alexander Anderson Ballard Barber Battle Bennett
Berry, C. E.
Berry, J. K. Black Bond
Bostick Branch
Brantley, H. H. Brantley, H. L. Bray
Brown, B. D. Brown, C. Buck

Busbee Games Gates Cato Chandler Cheeks Cole
Collins, J. F.
Collins, M. Colwell Conner
Cooper, B. Cooper, J. R.
Cox Crowe, William Dailey
Daugherty Davis Dean

Dillon Dixon Dollar Dorminy Doster Douglas Fallin
Floyd
Gay Gaynor Gignilliat
Gunter Hadaway
Hall Hamilton Hargrett
Harrington Harris, J. F. Harris, J. R.

278
Harris, R. W. Harrison Henderson Hill Holder Hood Howard Howell Hutchinson Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Knapp Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. S. Leggett Leonard Levitas Lewis Longino Lovell

JOURNAL OF THE HOUSE,

Magoon Malone Mason Matthews, C. Mauldin Maxwell McClatchey McDaniell Melton Merritt Mixon Mullinax Murphy Nash Nessmith Northcutt Odom Oglesby Pafford Palmer Paris Parrish Peterson Phillips Potts Rush Russell Savage Scarlett

Shanahan Shields Shuman Simmons Smith, G. W. Smith, V. T. Smith, W. L. Stalnaker Sullivan Sweat Thompson, A. W. Thompson, R. Threadgill Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Whaley Williams Wilson, R. W. Wood

Those not voting were Messrs :

Barfield Blalock Bowen Caldwell Clarke Cook Crowe, W. J. DeLong Dickinson Dodson Edwards Egan Farmer Farrar Fleming Funk Gary Grahl

Graves Grier Hale Higginbotham Jenkins Johnson, A. S. Jordan, W. H. Laite Lee, W. J. (Bill) Lowrey Matthews, D. R. McCracken Miller Moate Moore, Don C. Moore, J. H. Moreland Newton

Nimmer Otwell Parker, C. A. Parker, H. W. Pickard Poss Ragland Rainey Reaves Richardson Roach Ross Rowland Sims Smith, J. R. Snow Starnes Steis

Townsend Tucker Westlake

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279

Wiggins Wilson, J. M. Winkles

Mr. Speaker

On the adoption of the Resolution, the ayes were 142 nays 0.

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

Messrs. Dent of the 104th and Sherman of the 105th were unable to record their votes due to mechanical failure, but wished to be recorded as voting "aye" on HR 219-739.

Mr. Busbee of the 79th stated that he was in committee meetings when the roll call was ordered on HR 219-739, but wished to be recorded as voting "aye".

HB 325. By Messrs. Harris of the 118th and Steis of the 100th:
A Bill to be entitled an Act to amend Code Chapter 24-34, relating to court costs in civil cases, as amended, so as to provide that no clerk shall file any civil action unless an advance court cost shall be deposited with the action; and for other purposes.

Mr. Bostick of the 93rd moved that HB 325 be tabled.

The motion prevailed, and HB 325 was placed on the table.

HB 861. By Mr. Lee of the 35th:
A Bill to be entitled an Act to amend Code Title 114, relating to Work men's Compensation, so as to change certain benefits; to change pro cedures for review of settlements; and for other purposes.

The following Committee amendment was read and adopted:
The Industrial Relations Committee moves to amend House Bill No. 861 as follows:
By inserting in the title the words "and minimum" before the words "weekly benefits for total incapacity and to change the maximum com pensation payable".

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By striking from Section 1 the following:

"from Code Section 114-404 the figure '$37' and inserting in lieu thereof the figure '$50' and by striking the figure '$12,500' and inserting in lieu thereof the figure '$18,000'",

and inserting in lieu thereof the following:

"Code Section 114-404 in its entirety and substituting a new Code Section, to read as follows:".

By striking from Code Section 114-413(b), found in Section 3 of said bill, the figure "18,000" and inserting in lieu thereof the figure "17,000".

By striking from Code Section 114-413 (d), found in Section 3 of said bill, the figure "18,000" and inserting in lieu thereof the figure "17,000".

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Caldwell Carnes

Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cooper, B. Cooper, J. R. Cox Crowe, William Daugherty Davis Dean DeLong Dickinson Dillon Dixon Dodson Dollar Dorminy

Douglas Edwards Egan Fallin Farmer Farrar Floyd Gary Gay Gaynor Gignilliat Graves Grier Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson

MONDAY, JANUARY 15, 1968

281

Higginbotham Hill Holder Hood Howard Howell Hutchinson Jenkins Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Knapp Laite Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitaa Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey

McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Nimmer Northcutt Odom Oglesby Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard
Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Russell Savage

Scarlett Shanahan Shields Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Stalnaker Starnes Steis Sullivan Sweat Thompson, A. W. Thompson, R. Threadgill Town send Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Wood

Voting in the negative was Mr. Hall.

Those not voting were Messrs.:

Blalock Busbee Cook Crowe, W. J. Dailey Doster Fleming Funk

Grahl Hale Johnson, A. S. Jordan, W. H. Lambert Land Moore, Don C. Newton

Otwell Poss Snow Tucker Winkles Mr. Speaker

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On the passage of the Bill, as amended, the ayes were 180, nays 1.

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

Mr. Moore of the 12th stated that he was in a committee meeting when the roll was called on the passage of HB 861, as amended, but wished to be recorded as voting "ays".

Mr. Ross of the 31st stated that he had inadvertantly voted "aye" on HB 861, as amended, but intended to vote "nay".

Messrs. Dent of the 104th and Sherman of the 105th were unable to record their votes due to mechanical failure, but wished to be recorded as voting "aye" on HB 861, as amended.

Mr. Busbee of the 79th stated that he was in committee meetings when the roll call was ordered on HR 861 as amended, but wished to be recorded as voting "aye".

Mr. Hall of the 67th stated that he had inadvertantly voted "nay" but intended to vote "aye" on the passage of HB 861, as amended.
Mr. Jones of the 76th moved that the House do now adjourn until 10:30 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:30 o'clock, tomorrow morning.

TUESDAY, JANUARY 16, 1968

283

Representative Hall, Atlanta, Georgia Tuesday, January 16, 1968

The House met pursuant to adjournment at 10:30 A.M., this day and was called to order by the Speaker.

The following prayer was offered by Rev. Robert F. Steinberg, Pastor, Hillcrest Baptist Church, Swainsboro, Georgia:
Our Father, before we become involved in the legislative business of this day, we pause to seek Thy guidance and support. May we learn the importance of putting Thy kingdom first in the affairs of the State.
Eternal God, these men know the law. In this legislative session, help each legislator to be equally aware of the crime, disorderly conduct, gambling, and penal failures that are a disgrace to our State. Give this body of men the courage to face and act upon the growing illegal conduct and law violations within our State that these forms of evil might be driven from our State.
These days will be trying for them. Heavy demands will be made upon each member. In a tense and nervous moment, give each man kindness and humility to deal wisely with the issues at hand. May each man be sensitive to the hurting of his fellow Representatives feelings.
Strengthen these men with the presence of Thy Spirit in them. And may they realize that the deepest deeds of our State will not be met only through legislation, but only as they say "Thy will be done."
For Jesus's sake. Amen.

By unanimous consent the call of the roll was dispensed with.

Mr. Black of the 56th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:

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1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

HB 962. By Messrs. Harris, Farrar, Levitas and Walling of the 118th:
A Bill to be entitled an Act to provide for an advisory referendum election to be held in DeKalb County for the purpose of ascertaining whether the county-manager form of county government is desired by the people of such county; for the purpose of ascertaining the method by which the people of such county desire to elect the county commis sioners of such county; and for other purposes.
Referred to the Committee on Local Affairs.

HB 963. By Mr. Ross of the 31st:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to provide that any person who is presently a member of the Retirement System, who was inducted into active service in the Armed Forces or was an employee of the State of Georgia prior to the creation of the State Employees' Retire ment System, shall be eligible for prior service credit; and for other purposes.
Referred to the Committee on State of Republic.

HB 964. By Messrs. Hale and Crowe of the 1st, and Snow of the 1st:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Trenton, so as to change the provisions of said charter relating to the power of eminent domain; and for other purposes.
Referred to the Committee on Local Affairs.

HB 965. By Mr. Howell of the 86th:
A Bill to be entitled an Act to amend an Act incorporating the City of Blakely, so as to provide for the municipal election date; to provide

TUESDAY, JANUARY 16, 1968

285

for special elections to fill vacancies occurring on the city council and the office of the mayor; and for other purposes.
Referred to the Committee on Local Affairs.

HB 966. By Messrs. Conner of the 91st and McClatchey of the 138th:
A Bill to be entitled an Act to amend an Act relating to gifts of securi ties to minors, so as to provide for a short title; to provide the gift of life insurance policies and annuity contracts to minors; and for other purposes.
Referred to the Committee on Insurance.

HB 967. By Messrs. Williams and Wood of the 16th, Johnson of the 40th, Barber of the 24th, Adams of the 125th, Hood of the 124th, Cooper of the 16th and Turner of the 123rd:
A Bill to be entitled an Act to regulate driver training schools; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 968. By Mr. Moreland of the 28th:
A Bill to be entitled an Act to change the method of choosing members of the Board of Education of Walton County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 969. By Messrs. Harris of the 85th, Nessmith of the 64th, Joiner of the 48th and Knapp of the 109th:
A Bill to be entitled an Act to create the Surface Mined Land Use Board under the Department of Mines, Mining and Geology; and for other purposes.
Referred to the Committee on Industry.
HB 970. By Mr. Clarke of the 45th:
A Bill to be entitled an Act to amend an Act creating the Board of Trustees of the Joint Municipal Employees' Retirement System and providing for the establishment of a joint municipal retirement system, so as to define the terms "vesting", "vested right", and "vested bene fit"; and for other purposes.
Referred to the Committee on Local Affairs.

HB 971. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to amend an Act creating the Judges' and Solicitor-Generals' Retirement Fund of Fulton County, so as to allow

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certain eligible persons to become members of the retirement fund; and for other purposes.
Referred to the Committee on Local Affairs.

HB 972. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to amend an Act creating the Judges' and Solicitor-Generals' Retirement Fund of Fulton County, so as to allow certain eligible persons to become members of the retirement funds; and for other purposes.
Referred to the Committee on Local Affairs.

HB 973. By Messrs. Williams, Cooper and Wood of the 16th, Hutchinson of the 79th and Mason of the 22nd:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to require the inspection of each motor vehicle, trailer and semi-trailer registered in this State; and for other purposes.
Referred to the Committee on Motor Vehicles.

HR 447-973. By Mr. Anderson of the 71st:
A Resolution proposing an amendment to the Constitution, so as to create the Pulaski County-Hawkinsville Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HR 448-973. By Mr. Collins of the 62nd:
A Resolution to compensate Mrs. Hershel V. Pope; and for other pur poses.
Referred to the Committee on Appropriations.

HR 449-973. By Mr. Longino of the 122nd: A Resolution to compensate Mr. J. W. Maddox; and for other purposes.
Referred to the Committee on Appropriations.

HR 450-973. By Messrs. Brown of the 34th and Potts of the 33rd:
A Resolution creating a committee to study Agricultural Experiment Stations; and for other purposes.
Referred to the Committee on University System of Georgia.

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287

HB 974. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to amend Code Chapter 95-17, so as to transfer certain duties vested in the State Highway Board to the State Highway Department; and for other purposes.
Referred to the Committee on Highways.

HB 975. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to he entitled an Act to amend an Act relating to the granting of special permits to operate motor vehicles upon the public highways which are in excess of the limit provided by law for the weight of motor vehicles, so as to transfer certain duties vested in the Chairman of the State Highway Board to the Director of the State Highway Department; and for other purposes.
Referred to the Committee on Highways.

HB 976. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to amend Code Section 95-1607, so as to provide that the State Highway Engineer shall be reimbursed for nec essary traveling expenses incurred in the performance of his duties while traveling in the County of Fulton; and for other purposes.
Referred to the Committee on Highways.
HB 977. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to amend an Act governing and regulating the use of the public roads and highways of this State, so as to vest the State Highway Department with certain powers and authority to enforce the provisions of this Act; to provide law enforcement officers and employees of the State Highway Department with authority to weigh and measure motor vehicles and to order operators of vehicles to drive their vehicles upon scales to be weighed; and for other purposes.
Referred to the Committee on Highways.
HB 978. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to repeal an Act entitled "An Act to pro vide for the auditing of obligations of and claims against the State Highway Department and the approval of such obligations and claims for payment by the Chairman of the State Highway Department, the Gov ernor and the State Auditor; and for other purposes.
Referred to the Committee on Highways.

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HB 979. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to amend Code Section 95-1907, so as to provide the procedure for installation of automatic signal devices at grade crossings of county roads; and for other purposes.
Referred to the Committee on Highways.

HB 980. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to amend Code Section 95-1608, so as to transfer certain functions and duties vested in the State Highway Board to the State Highway Director; and for other purposes.
Referred to the Committee on Highways.

HB 981. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to amend an Act entitled "An Act to make it unlawful to park or leave unattended any vehicle upon the right-ofway of any State highway for over 48 hours; to prohibit the erection of signs or obstructions on the right-of-way of any State Highway", so as to remove the provisions granting sellers of fruit, nuts and/or vegetables an exemption from the operation of this Act; and for other purposes.
Referred to the Committee on Highways.

HB 982. By Messrs. Vaughn of the 117th, Wood of the 16th, Colwell of the 5th, Holder of the 70th, Sherman of the 105th and others:
A Bill to be entitled an Act to amend Code Section 92-1403, so as to increase the excise tax imposed on all distributors of motor fuel; and for other purposes.
Referred to the Committee on Ways and Means.

HB 983. By Messrs. Vaughn of the 117th, Wood of the 16th, Colwell of the 5th, Holder of the 70th, Sherman of the 105th and others:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide for an additional exemption on the sale or use of motor fuels, including gasoline; and for other purposes.
Referred to the Committee on Ways and Means.

HB 984. By Messrs. Vaughn of the 117th, Sherman of the 105th, Wood of the 16th, Buck of the 112th, Holder of the 70th and others:
A Bill to be entitled an Act imposing a motor fuel tax upon motor vehicles that use Georgia highways while using motor fuel purchased

TUESDAY, JANUARY 16, 1968

289

in other states and from which Georgia has received no revenue, so as to provide for an increase in credit for the payment of motor fuel tax imposed by said Act; and for other purposes.
Referred to the Committee on Ways and Means.

HB 985. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to amend an Act governing and regulat ing the use of public roads and highways in this State, so as to provide that loads of poles, logs, pilings, lumber, structural steel, piping, tim ber, and pre-stressed and pre-cast concrete may exceed the length fixed by this Act without requiring a special permit, but a special permit shall be required if the total length of vehicle and load exceeds seventyfive feet; and for other purposes.
Referred to the Committee on Highways.

HB 986. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to amend Code Section 95-1504, so as to provide that the State Highway Department is authorized to make reasonable regulations for the installation, construction, maintenance, repair, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, tracks and other equipment and appliances of any public utility in, on, along, over or under any project which the State Highway Department has undertaken; and for other purposes.
Referred to the Committee on Highways.

HB 987. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to amend on Act creating the offices of the State Highway, Chairman of the State Highway Board, and Treas urer of the State Highway Department, so as to change the qualifica tions of the Director of the State Highway Department; and for other purposes.
Referred to the Committee on Highways.
HB 988. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to amend an Act relating to construction and maintenance of portions of State-aid system of roads lying within the corporate limits of municipalities, so as to transfer certain duties vested in the State Highway Board to the State Highway Department; and for other purposes.
Referred to the Committee on Highways.

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HB 989. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to amend an Act prescribing an additional procedure for the exercise of the power of eminent domain by the State of Georgia, so as to provide that no appeal shall be taken by the owner of land condemned by a special master until the owner has posted bond, equal to the amount of the award by the special master, with the clerk of the Superior Court to which the appeal is to be taken; and for other purposes.
Referred to the Committee on Highways.

HB 990. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to repeal Code Section 95-1506, relating to the duty of the State Highway Board to submit an annual report of operations, activities, plans and budget to the Governor; and for other purposes.
Referred to the Committee on Highways.

HB 991. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to amend an Act pertaining to reimburse ment to the Department of Law by the State Highway Department for certain legal services, so as to provide for reimbursement to the Department of Law by the State Highway Department for legal fees for services by any Assistant Attorney General or Deputy Assistant Attorney General assigned by the Attorney General to perform specific items of legal work in connection with contract lawsuits; and for other purposes.
Referred to the Committee on Highways.

HB 992. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to repeal Section 3 of an Act governing and regulating the use of public roads and highways of this State, so as to eliminate the authority of the Public Service Commission to issue special permits for the operation of motor vehicles exceeding certain lengths, and to remove the prohibition against construing the provisions of this Act to prohibit the hauling of timber, lumber and piling of motor vehicles; and for other purposes.
Referred to the Committee on Highways.

HB 993. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to provide that local authori-

TUESDAY, JANUARY 16, 1968

291

ties in their respective jurisdictions shall conform their traffic-control devices to specifications contained in the Georgia Manual on Uniform Traffic Control Devices for Streets and Highways as it now exists or may hereafter he revised; and for other purposes.
Referred to the Committee on Highways.

HB 994. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to he entitled an Act to amend an Act entitled "An Act to authorize the State Highway Board of Georgia in connection with adjoining states to purchase bridges across streams on the State line", so as to transfer the authority vested in the State Highway Board by said Act to the State Highway Department; and for other purposes.
Referred to the Committee on Highways.

HR 451-994. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Resolution authorizing the creation of an Interim Study Committee to revise, consolidate, and recommend the enactment of new laws and to re-codify all laws pertaining to the highways and public roads of the State of Georgia; and for other purposes.
Referred to the Committee on Highways.

HB 995. By Messrs. Hutchinson of the 79th, Hall of the 67th, Parker of the 68th, Rush of the 75th and Northcutt of the 35th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in the State public schools and other State sup ported schools, so as to provide for increasing the employee contribu tion in order to receive membership service credit for any period of active duty in the military service after July 1, 1968; and for other purposes.
Referred to the Committee on Education.

HB 996. By Mr. Snow of the 1st:
A Bill to be entitled an Act to amend an Act providing for publication or distribution of a statement of financial condition of each incorporated municipality, so as to provide for publication of the statement of finan cial condition six months after the close of the fiscal year of each incorporated municipality; and for other purposes.
Referred to the Committee on Local Affairs.

HB 997. By Messrs. Adams of the 125th, Rainey of the 69th, Williams of the 16th, Carnes of the 129th and others:
A Bill to be entitled an Act to be known as and may be cited as the "Outboard Motor Title Act", to provide for certain definitions to give

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the director of the State Game and Fish Commission the responsibility of administering said Act; and for other purposes.
Referred to the Committee on Game and Fish.

HB 998. By Messrs. Adams of the 125th, Rainey of the 69th, Williams of the 16th, Carnes of the 129th and others:
A Bill to be entitled an Act requiring the display of information re lating to maximum capacity on watercraft; and for other purposes.
Referred to the Committee on Game and Fish.

HB 999. By Messrs. Williams, Wood and Cooper of the 16th:
A Bill to be entitled an Act to amend the Uniform Act Regulating Traffic on Highways, so as to provide that if a vehicle is being driven at a speed less than at normal speed of traffic moving in the same direction at such time, and is not being driven in the right-hand lane of traffic, it shall constitute prima facie evidence that the driver is operating the vehicle in violation of Article VII, Section 55, Subsection (b) of this Act; and for other purposes.
Referred to the Committee on Motor Vehicles.
HR 452-999. By Mr. Russell of the 92nd:
A Resolution compensating the Boston Seed Company; and for other purposes.
Referred to the Committee on Appropriations.
HB 1000. By Mr. Barber of the 24th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for the teachers in the State Public School and other state supported schools, so as to provide that members of the Employees' Retirement System of Georgia who become subject to the provisions of the Teachers' Retirement System may transfer their credits to the Teachers' Retirement System of Georgia; and for other purposes.
Referred to the Committee on Education.
HB 1001. By Mr. Barber of the 24th:
A Bill to be entitled an Act to amend an Act establishing an Employees' Retirement System, so as to provide that members of the Teachers' Retirement System of Georgia who become subject to the provisions of the Employees' Retirement System of Georgia may transfer their credits to the Employees' Retirement System of Georgia; and for other purposes.
Referred to the Committee on Education.

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293

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 942. By Mr. Gunter of the llth:
A Bill to be entitled an Act to prohibit drivers of motor vehicles from deliberately causing tires to lose firm traction with the surface of the road; to prohibit drivers from causing their vehicles to leave black marks upon the surface upon which they are traveling; and for other purposes.

HB 943. By Mr. Gunter of the llth.
A Bill to be entitled an Act to amend Code Chapter 114-7, relating to Workmen's Compensation, so as to change provisions relating to hear ings ;to provide procedures for stopping payment of compensation; and for other purposes.

HB 944. By Mr. Gunter of the llth:
A Bill to be entitled an Act to prohibit certain law enforcement officials from engaging in high speed chases in order to apprehend minor traffic law violators; and for other purposes.

HR 429-944. By Mr. Lambros of the 130th:
A Resolution to compensate William Frank Horton; and for othe purposes.

HB 946. By Messrs. Ware of the 42nd, Dean of the 20th, Stalnaker of the 59th, Dixon of the 83rd, Gay of the 60th, Gaynor of the 114th and Shuman of the 65th.
A Bill to be entitled an Act to establish the State Department of Air Transportation; and for other purposes.

HB 947. By Messrs. Ware of the 42nd, Wood of the 16th, Steis of the 100th, Dean of the 20th, Berry of the 110th, Dollar of the 89th, Russell of the 92nd and others.
A Bill to be entitled an Act to declare the 30th day of May of each year, commonly known as National Memorial Day, to be a public and legal holiday in this State; and for other purposes.

HB 948. By Messrs. Palmer and Malone of the 117th:
A Bill to be entitled an Act to amend Code Section 58-210, relating to the seizure, destruction and disposition of certain raw materials and sub-

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stances used in the unlawful manufacture of alcoholic beverages, so as to declare as contraband certain fixtures, implements and apparatus used in the manufacture of alcoholic beverages; and for other purposes.

HB 949. By Messrs. Palmer and Malone of the 117th and Mullinax of the 42nd:
A Bill to be entitled an Act to provide that it shall be unlawful to solicit payment of money by the means of any writing which creates the im pression that the writing is a statement or invoice unless certain warn ings are contained on the writing; and for other purposes.

HB 950. By Mr. Cooper of the 103rd:
A Bill to be entitled an Act to amend the Act creating the Peace Officers' Annuity and Benefit Funds, so as to provide newly-employed peace officers with certain rights; and for other purposes.

HB 951. By Mr. Kaylor of the 4th:
A Bill to be entitled an Act to authorize certain counties to establish and maintain a law library for the use of the judges, solicitors, ordinary and other officers of the courts of said counties; and for other purposes.

HB 952. By Mr. Moore of the 20th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to provide that the term "earnable compensa tion" shall include compensation paid to a member by a member institu tion of the University System of Georgia from grants or contracts made by outside agencies with the member institution; and for other purposes.

HR 430-952. By Messrs. Brown of the 34th and Melton of the 34th:
A Resolution authorizing the conveyance of certain real estate located in the City of Griffin in Spalding County, Georgia; and for other purposes.

HR 431-952. By Mr. Kaylor of the 4th:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the clerk of the superior court of Fanning County; and for other purposes.

HR 432-952. By Mr. Kaylor of the 4th:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Ordinary's Court of Fannin County; and for other purposes.

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295

HR 433-952. By Messrs. Cooper of the 103rd and Fleming of the 106th:
A Resolution proposing an amendment to the Constitution so as to pro vide for the election of members of the boards of education of various county, independent and combined school systems by the people; and for other purposes.

HR 434-952. By Messrs. Cooper of the 103rd and McDaniell of the 101st: A Resolution proposing an amendment to the Constitution to as to pro vide that all personal household and kitchen furniture shall be exempt from all State, county, municipal and school district ad valorem taxes; and for other purposes.
HR 435-952. By Mr. Branch of the 74th: A Resolution to compensate Wendell Walker; and for other purposes.

HR 436-952. By Messrs. Ware of the 42nd, Wood of the 16th, Steis of the 100th, Dean of the 20th, Berry of the 110th, Dollar of the 89th, Russell of the 92nd and others.
A Resolution proposing an amendment to the Constitution so as to ex tend the homestead exemption for disabled veterans to those veterans suffering from loss, or loss of use, of both lower extremities, such as to preclude locomotion without the aid of braces, crutches, canes or a wheelchair; and for other purposes.

HR 437-952. By Mr. Harris of the 118th: A Resolution to compensate Anita L. Hewell; and for other purposes.

HR 438-952. By Mr. Murphy of the 26th:
A Resolution relative to vendor payments made toward the cost of nurs ing home care for the blind, disabled and old-age benefit recipients; and for other purposes.

HB 953. By Messrs. Lane of the 126th, Dillon of the 128th, Bond of the 136th, Brown of the 135th and others:
A Bill to be entitled an Act to amend an Act authorizing the Board of Commissioners of Roads and Revenues of Fulton County to establish rules and regulations governing the payments of pensions to county employees, so as to provide increase pensions to certain employees; and for other purposes.

HB 954. By. Mr. McClatchey of the 138th:
A Bill to be entitled an Act to amend an Act to provide for the retire ment of the Judges and the Solicitor-General of the Criminal Court of

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Fulton County, so as to provide that the Public Defender of Fulton County shall be eligible for membership in the Judges' and Solicitor Generals' Retirement Fund; and for other purposes.

HB 955. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to repeal an Act to provide for the retire ment of the Judges and Solicitor-General of the Criminal Court of Fulton County; to provide that the provisions of this Act shall not be applicable to the holder of any office or position active on the date of the enact ment of this law, but shall be applicable to all persons employed or taking the oath of office after the approval of this Act; and for other purposes.

HB 956. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to amend an Act known as the Fulton County Employees' Pension Act so as to provide the maximum amount of pen sion which certain individuals may receive under the provisions of this Act; and for other purposes.

HB 957. By Messrs. Graves, Starnes and Lowrey of the 13th, Ross of the 31st, Shanahan of the 8th, Moore of the 20th and others:
A Bill to be entitled an Act to amend Code Section 114-101, relating to the Workmen's Compensation Law, so as to provide that all full-time county employees and employees of elected, salaried county officials are "Employees" within the meaning of this Act; and for other purposes.

HB 958. By Mr. Gunter of the llth:
A Bill to be entitled an Act to amend Code Section 27-903, so as to pro vide that the first bail shall be permitted as a matter of right under certain circumstances; and for other purposes.

HB 959. By Mr. Gunter of the llth:
A Bill to be entitled an Act to amend Code Section 59-108, relating to jury boxes, so as to provide that each county shall have but one traverse jury box for all courts of the county; and for other purposes.

HB 960. By Messrs. Murphy of the 26th, Caldwell of the 51st, Lane of the 64th and Paris of the 23rd.
A Bill to be entitled an Act to amend an Act providing appropriations for the fiscal years 1967-1968 and 1968-1969, generally known as the General Appropriations Act, so as to change the appropriations and pro visions relative to the fiscal year 1968-1969; and for other purposes.

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297

HB 961. By Messrs. Murphy of the 26th, Caldwell of the 51st, Lane of the 64th and Paris of the 23rd:
A Bill to be entitled an Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1968, in addition to any other appropriations heretofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes provided for herein; and for other purposes.

SR 146. By Senators Shea of the 3rd, Plunkett of the 30th, McKenzie of the 17th and others:
A Resolution pertaining to Uniform Time; and for other purposes.

SB 199. By Senators Smith of the 18th, Broun of the 46th, Johnson of the 42nd and others:
A Bill to be entitled an Act to amend the "Georgia Administrative Pro cedure Act", so as to place the Board of Corrections and its penal insti tutions under the provisions of said Act; and for other purposes.

SB 202. By Senators Smith of the 18th, Broun of the 46th, Johnson of the 42nd and others:
A Bill to be entitled an Act to amend the "Georgia Administrative Pro cedure Act", so as to place the Board of Pardons and Paroles and the State Board of Probation under the provisions of said Act; and for other purposes.

SB 203. By Senators Holloway of the 12th, Conway of the 41st, Abney of the 53rd and others:
A Bill to be entitled an Act to amend Code Title 114, relating to Work men's Compensation, so as to change procedures for review of settle ments; and for other purposes.

SB 207. By Senators Smith of the 18th and Hall of the 52nd: A Bill to be entitled an Act to amend Code Section 47-102, relating to State Senatorial Districts, so as to change the descriptions and composi tion of certain Senatorial Districts; and for other purposes.
Mr. Clarke of the 45th, Chairman of the Committee on Local Affairs sub mitted the following report:

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Mr. Speaker:

Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 927. Do Pass.

HR 421-932. Do Pass.

HB 951. Do Pass.

HB 953. Do Pass.

HR 430-952. Do Pass

HR 431-952. Do Pass.

Respectfully submitted, Clarke of the 45th

Chairman.

Mr. Smith of the 3rd, Chairman of the Committee on Hygiene & Sanitation submitted the following report:

Mr. Speaker:

Your Committee on Hygiene & Sanitation has had under consideration the following Bill and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 846. Do Pass.
HR 438-952. Do Pass
Respectfully submitted,
Smith of the 3rd
Chairman.

Mr. Barber of the 24th, Chairman of the Committee on Education submitted the following report:

Mr. Speaker:

Your Committee on Education has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back the House with the following recommendations:
HB 871. Do Pass.
HB 899. Do Pass.
HB 900. Do Pass.
Respectfully submitted,
Barber of the 24th
Chairman.

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299

Mr. Williams of the 16th, Chairman of the Committee on Motor Vehicles submitted the following report:

Mr. Speaker:

Your Committee on Motor Vehicles has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 903. Do Pass as Amended. HB 875. Do Pass. HB 841. Do Pass. HB 898. Do Pass as Amended.
Respectfully submitted,
Williams of the 16th
Chairman.

Mr. Steis of the 100th, Chairman of the Committee on Special Judiciary submitted the following report:
Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the follow ing Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 929. Do Pass. HB 916. Do Pass. HB 917. Do Pass. HR 411-917. Do Pass. HB 883. Do Pass. HB 891. Do Pass. HB 889. Do Pass by Committee Substitute.
Respectfully submitted, Steis of the 100th Chairman.
The following Resolutions of the House were read and adopted:

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HR 460. By Mr. Dean of the 20th: A RESOLUTION

Commending the Cedartown Rotary Club; and for other purposes:

WHEREAS, the Cedartown Rotary Club is one of the most active civic organizations in the State of Georgia; and

WHEREAS, this organization is constantly sponsoring one or more worthwhile civic projects; and

WHEREAS, the Cedartown Rotary Club is presently sponsoring a recreation program for the young people of Cedartown and Polk County in conjunction with other civic organizations; and

WHEREAS, it is the desire of the members of this body to recognize the Cedartown Rotarians for the impressive work they are doing.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con
gratulate the members of the Cedartown Rotary Club for their outstand ing civic accomplishments and achievements.

BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to forward an appropriate copy of this resolution to Mr. E. B. Wilder, President, and Mr. Ralph Gresham, Secretary, Cedartown Rotary Club.

HR 461. By Mr. Dean of the 20th:
A RESOLUTION
Commending the Cedartown Jaycess; and for other purposes.
WHEREAS, the Cedartown Jaycess is one of the most active civic organizations in the State of Georgia; and
WHEREAS, the Cedartown Jaycess are the sponsors of the follow ing programs: Young Man of the Year, Young Farmer of the Year, Labor Day Safety Break, Industrial Week and Boss's Night, the Miss Cedar Valley Pageant, Polk County Rodeo, Independence Hall Essay Contest, Teenage Safe Driving Rodeo, Empty Stocking Fund at Christ mas, Junior Golf, Shooting Educational Week for Children, and Beautification Project for Cedartown; and Mental Health Week; and
WHEREAS, the Cedartown Jaycees are in charge of parking facili ties for the Polk County Fair and conduct a "Black Pepper" sale as a fund raising project; and
WHEREAS, it is the desire of the members of this body to recognize the Cedartown Jaycees for the impressive work they are doing.

TUESDAY, JANUARY 16, 1968

301

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that this body does hereby commend and con gratulate the members of the Cedartown Jaycees for their outstanding civic accomplishments and achievements.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro priate copy of this resolution to Mr. William H. Bell, President, and Mr. James Honea, Secretary, Cedartown Jaycess.

HR 462. By Mr. Dean of the 20th:
A RESOLUTION
Commending the Cedartown Police Department; and for other pur poses.
WHEREAS, the members of the Cedartown Police Department are dedicated public servants; and
WHEREAS, the members of the Cedartown Police Department spend countless hours to protect the lives and property of the citizens of Cedartown; and
WHEREAS, these men are active in one or more of the civic organ izations in Cedartown; and
WHEREAS, they wholeheartedly support all good Samaritan proj ects such as "blood mobile"; and
WHEREAS, the Cedartown Police Department is composed of the following members: W. M. Moss, Chief of Police, Paul E. Puckett, Cap tain, Cola F. Davis, Captain, Howard H. Hobbs, Sergeant, Jimmie J. Carter, Sergeant, John McElwee, Patrolman, Ed McElwee, Patrolman, Edward J. Jackson, Patrolman, L. T. Lankford, Patrolman, Charles Wesson, Patrolman, Tommy Turkett, Patrolman, Wm. L. Mull, Jr., Patrol man, Forrest Brooks, Patrolman, Edward Carter, City Detective, John H. Dean, City Detective, C. T. Barrett, Desk Clerk and Radio Operator, Forrest L. Hagan, Desk Clerk and Radio Operator; and
WHEREAS, it is the desire of the members of this body to recog nize the members of the Cedartown Police Department for the fine work they are doing.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the officers and men of the Cedartown Police Department for the outstanding manner in which they are performing their duties and for the contributions they have made to their community.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro-

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priate copy of this Resolution to Honorable W. M. Moss, Chief of Police, Cedartown Police Department.

HR 463. By Mr. Dean of the 20th:
A RESOLUTION
Commending the Cedartown Fire Department; and for other pur poses.
WHEREAS, the members of the Cedartown Fire Department are dedicated public servants; and
WHEREAS, the members of the Cedartown Fire Department spend countless hours to protect the lives and property of the citizens of Cedartown; and
WHEREAS, these men are active in the civic organizations of Cedartown; and
WHEREAS, the Cedartown Fire Department is composed of the following members: D. K. Russell, Chief, S. W. Colbert, Captain, Ellis A. Mauldin, Captain, John G. Nation, Lieutenant, Robert L. Wilderson, Lieutenant, John W. Bridges, Driver, Charles Greenwood, Driver, Mar ion Greenwood, Driver, Glen T. Rhodes, Assistant Driver, Donald Dowdy, Driver, James Vernon, Assistant Driver, Kenneth W. Roberts, Fireman, Barry D. Bullard, Fireman, Homer D. Fincher, Fireman, Richard Parks Burgdorf, Fireman, Samuel L. Erwin, Fireman, Sammy H. White, Fireman; and
WHEREAS, it is the desire of the members of this body to recog nize the members of the Cedartown Fire Department for the fine work they are doing.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the officers and men of the Cedartown Fire Department for the outstanding manner in which they are performing their duties and for the contributions they have made to their community.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an ap propriate copy of this Resolution to Honorable D. K. Russell, Chief, Cedartown Fire Department.

HR 464. By Mr. Dean of the 20th:
A RESOLUTION
Wishing a speedy recovery for Senator Albert F. Moore; and for other purposes.

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303

WHEREAS, Honorable Albert F. Moore, Senator from the 31st District, has undergone a serious operation since the last session of the General Assembly and is still confined to the hospital; and

WHEREAS, he has distinguished himself as an outstanding member of the State Senate and is one of the most valued members thereof; and

WHEREAS, his kindness and consideration for all the members of the General Assembly have been most deeply appreciated by them and his absence from the Senate leaves a void which can be filled by no other person.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that all the members of this body extend their most heartfelt wishes to Senator Albert F. Moore for a speedy recovery and a return to the deliberations of this body to which his presence adds so much.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to transmit a copy of this Reso lution to Senator Moore.

HR 465. By Mr. Dean of the 20th:
A RESOLUTION
Commending the Cedartown Kiwanis Club; and for other purposes.
WHEREAS, the Cedartown Kiwanis Club is one of the most active civic organizations in the State of Georgia; and
WHEREAS, the Cedartown Kiwanis Club sponsors a pancake sale as a fund raising project and sponsors the Cedartown High School Key Club and various 4-H projects; and
WHEREAS, it is the desire of the members of this body to recog nize the Cedartown Kiwanians for the impressive work they are doing.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that this body does hereby commend and con gratulate the Cedartown Kiwanis Club for their outstanding civic accom plishments and achievements.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro priate copy of this Resolution to Mr. Dubric Ridgeway, President, and Mr. Billy Wilkerson, Secretary, Cedartown Kiwanis Club.

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HR 466. By Mr. Dean of the 20th:

A RESOLUTION

Commending the Cedartown Business and Professional Women's Club; and for other purposes.

WHEREAS, the Cedartown Business and Professional Women's Club is one of the most active civic organizations in the State of Geor gia; and

WHEREAS, the Cedartown Business and Professional Women's Club is the sponsor of the School for Exceptional Children; and

WHEREAS, the members of the Cedartown Business and Profes sional Women's Club conducts fund raising projects; rummage sales, and sells recipe books to support this school; and

WHEREAS, it is the desire of the members of this body to recog nize the Cedartown Business and Professional Women's Club for the impressive work they are doing.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the members of the Cedartown Business and Professional Women's Club for their outstanding civic accomplishments and achieve ments.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro priate copy of this Resolution to Mrs. Lucille Cobb, President, and Miss Betty Ann Leslie, Secretary, Cedartown Business and Professional Women's Club.

HR 467. By Mr. Dean of the 20th:
A RESOLUTION
Commending the Cedartown Jaycettes; and for other purposes.
WHEREAS, the Cedartown Jaycettes is one of the most active civic organizations in the State of Georgia; and
WHEREAS, the Cedartown Jaycettes primary function is to assist the Jaycees in their projects; and
WHEREAS, the Jaycettes do the screening for the Empty Stocking Fund and act as hostesses and chaperones at the Miss Cedar Valley Pageant; and
WHEREAS, the Jaycettes conduct occasional rummage sales to raise funds; and

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305

WHEREAS, it is the desire of the members of this body to recog nize the Cedartown Jaycettes for the impressive work they are doing.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the members of the Cedartown Jaycettes for their outstanding civic accomplishments and achievements.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro priate copy of this Resolution to Mrs. Dewey Chandler, President, and Mrs. Evelyn Honea, Secretary, Cedartown Jaycettes.

HR 468. By Mr. Dean of the 20th:
A RESOLUTION
Commending the Cedartown Optimist Club; and for other purposes
WHEREAS, the Cedartown Optimist Club is one of the most active civic organizations in the State of Georgia; and
WHEREAS, the Cedartown Optimist Club is the sponsor of the Pony League, Colt League, Youth Appreciation Week, Bicycle Safety Week, oratorical contests for boys under 16 years of age. Respect for Law Program which is a year round project, Polk County Horse Show which is a fund raising project; and
WHEREAS, the organization also provides financial support foi the eighth grade football team; and
WHEREAS, it is the desire of the members of this body to recog nize the Cedartown Optimists for the impressive work they are doing.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the members of the Cedartown Optimist Club for their out standing civic accomplishments and achievements.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro priate copy of this Resolution to Mr. Donald Grogan, President, and Mr. Mitch York, Secretary, Cedartown Optimist Club.

HR 469. By Mr. Dean of the 20th:
A RESOLUTION
Commending the Cedartown Junior Welfare League; and for other purposes.

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WHEREAS, the Cedartown Junior Welfare League is one of the most active organizations in the State of Georgia; and

WHEREAS, the main project of the Cedartown Junior Welfare League is child welfare; and

WHEREAS, the members of the Cedartown Junior Welfare League are organized to check school children's eyes, provide glasses and medi cal and dental attention for underprivileged children; and

WHEREAS, it is the desire of the members of this body to recog nize the Cedartown Junior Welfare League for the impressive work they are doing.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the members of the Cedartown Junior Welfare League for their outstanding civic accomplishments and achievements.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro priate copy of this Resolution to Mrs. Elaine Dunn, President, and Mrs. Jean Coughran, Secretary, Cedartown Junior Welfare League.

HR 470. By Mr. Dean of the 20th:
A RESOLUTION
Commending the Polk County Sportsman's Club; and for other pur poses.
WHEREAS, the Polk County Sportsman's Club is one of the most active sportsman's club in the State of Georgia; and
WHEREAS, this club is dedicated to the protection and propaga tion of fish and wildlife; and
WHEREAS, the club conducts annual dove shoots, annual bird dog field trials, and fishing contests; and
WHEREAS, it is the desire of the members of this body to recog nize the Polk County Sportsman's Club for their activities in the fish and wildlife field.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the Polk County Sportsman's Club for their dedicated pro motion of fish and wildlife recreation.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro-

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priate copy of this Resolution to Mr. Robert L. Coile, President, and Mr. Olin J. Bates, Secretary, Polk County Sportsman's Club.

HR 471. By Mr. Dean of the 20th:
A RESOLUTION
Commending the Cedartown Exchange Club; and for other pur poses.
WHEREAS, the Cedartown Exchange Club is one of the most active organizations in the State of Georgia; and
WHEREAS, the Cedartown Exchange Club sponsors the Polk Coun ty Fair which is their main project; and
WHEREAS, the Club also sponsors the C-Day football game and uses the proceeds to send boys to football camp in the summer; and
WHEREAS, the club also sponsors a turkey shoot and utilizes the proceeds to support the Boy Scout troop; and
WHEREAS, the club also handles sales for football game reserve seats; and
WHEREAS, it is the desire of the members of this body to recog nize the Cedartown Exchange Club for the impressive work they are doing.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the members of the Cedartown Exchange Club for their out standing civic accomplishments and achievements.
BE IT FURTHER RESOLVED that the Clerk of the House of Representative is hereby authorized and directed to forward an appro priate copy of this Resolution to Mr. W. B. Thomas, President, and Mr. Ernest A. Willis, Secretary, Cedartown Exchange Club.
HR 472. By Mr. Dean of the 20th:
A RESOLUTION
Commending the Cedartown Lions Club; and for other purposes.
WHEREAS, the Cedartown Lions Club is one of the most active civic organizations in the State of Georgia; and
WHEREAS, the Cedartown Lions Club is sponsor of Little League, sponsors a fruit cake sale, a light bulb sale, sponsors Lions Lighthouse for the Blind; and

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WHEREAS, the Cedartown Lions Club is the local representative for the eye bank; and

WHEREAS, the club also furnishes canes and dogs for blind per sons; and

WHEREAS, it is the desire of the members of this body that they recognize the Cedartown Lions for the impressive work they are doing.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the members of the Cedartown Lions Club for their outstand ing civic accomplishments and achievements.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro priate copy of this Resolution to Mr. A. P. Gilmore, Jr., President, and Mr. B. Paul Grimes, Secretary, Cedartown Lions Club.

HR 473. By Mr. Dean of the 20th:
A RESOLUTION
Commending the Cedartown Opti-Mrs. Club; and for other pur poses.
WHEREAS, the Cedartown Opti-Mrs. Club is one of the most active civic organizations in the State of Georgia; and
WHEREAS, the Cedartown Opti-Mrs. Club is the sponsor of Senior Girl which is a very praiseworthy project; and
WHEREAS, Senior Girl is a project whereby the club selects a girl whose parents are not financially able to support her, furnish her clothing, purchase her school supplies, pay her medical expenses, and buy her class ring and annual and pay her other school expenses; and
WHEREAS, the Opti-Mrs. Club conducts no fund raising projects but works with the Optimist Club at their horse show for which they are paid for their services; and
WHEREAS, these funds are utilized to sponsor their "girl"; and
WHEREAS, it is the desire of this body to recognize the Cedartown Opti-Mrs. Club for the impressive work they are doing.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the members of the Cedartown Opti-Mrs. Club for their out standing civic accomplishments and achievements.

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309

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro priate copy of this Resolution to Mrs. 0. G. Kirk, President, and Miss Rowena Murphy, Secretary, Cedartown Opti-Mrs. Club.

HR 474. By Mr. Dean of the 20th:
A RESOLUTION
Commending the Cedartown Chamber of Commerce; and for other purposes.
WHEREAS, the Cedartown Chamber of Commerce is one of the most active Chambers of Commerce in the State of Georgia; and
WHEREAS, the Cedartown Chamber of Commerce assists other civic organizations with their projects; and
WHEREAS, the Cedartown Chamber of Commerce is constantly promoting the growth of Cedartown; and
WHEREAS, it is the desire of the members of this body to recog nize the Cedartown Chamber of Commerce for the impressive work they are doing.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the Cedartown Chamber of Commerce for their outstanding civic accomplishments and achievements.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro priate copy of this resolution to Mr. Julieu Mize, President, and Mrs. Jean Brumby, Secretary, Cedartown Chamber of Commerce.
HR 477. By Messrs. Wells of the 30th, Barber of the 24th, Farmer and Matthews of the 29th:
A RESOLUTION
Expressing sympathy at the passing of Mr. Summie J, Poss, Sr.; and for other purposes.
WHEREAS, on January 11, 1968, Mr. Summie J. Poss, Sr. of Athens, Clarke County, Georgia, passed away; and
WHEREAS, he was a credit to his community and his State and was active in all affairs of his community; and
WHEREAS, Mr. Poss was the father of Honorable Edwin C. Poss, a member of the House of Representatives and the members of this body are grieved at his loss.

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NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that deepest regrets are hereby expressed at the passing of Summie J. Poss, Sr., and sincerest sympathy is hereby extended to Honorable Edwin C. Poss and the other members of his family.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to transmit a copy of this Reso lution to Honorable Edwin C. Poss and to the other members of the family of Mr. Poss.

Under the general order of business, the following Bills and Resolution of the House were taken up for consideration and read the third time:

HB 703. By Messrs. Howard and McDaniell of the 101st, Henderson and Wilson
of the 102nd and Cooper of the 103rd: A Bill to be entitled an Act to amend an Act providing for the creation, membership and compensation of the State Literature Commission, approved February 19, 1953, as amended, so as to authorize a grand jury or a solicitor general to submit a request for a determination as to whether certain literature is obscene to the State Literature Com mission; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs:

Adams Ballard Battle
Berry, J. K. Black Blalock
Bostick Branch Brantley, H. H. Brantley, H. L. Bray Brown, C. Busbee Carnes Gates Cato Cheeks Cole

Collins, J. F. Collins, M. Colwell
Cook Cooper, B. Cox
Crowe, William Crowe, W. J. Dailey Davis Dean DeLong Dent Dillon Dodson Dorminy Doster Douglas

Edwards Egan Fallin
Fleming Funk Gary
Gay Gaynor Gignilliat Graves Grier Gunter Hadaway Hale Hall Hargrett Harris, J. F. Harris, J. R.

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311

Harris, R. W. Harrison Henderson Hill Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Kaylor Kirksey Knapp Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Longino Lovell Lowrey Malone Matthews, C. Matthews, D. R. Mauldin Maxwell

McCracken McDaniell Mixon Moate Moore, Don C. Mullinax Murphy Nash Nessmith Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Pickard Poss Potts Reaves Richardson Roach Rowland Rush Savage Scarlett Shanahan Sherman

Shuman Simmons Sims Smith, G. W. Smith, V. T. Smith, W. L. Stalnaker Starnes Steis Sullivan Sweat Thompson, R. Threadgill Townsend Turner Tye Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Wiggins Wilson, J. M. Wilson, R. W. Winkles Wood

Those voting in the negative were Messrs.

Berry, C. E. Bond Brown, B. D.

Buck Daugherty Jones, M.

Jordan, W. H. McClatchey Thompson, A. W.

Those not voting were Messrs.:

Alexander Anderson Barber Barfield Bennett Bowen Caldwell Chandler Clarke Conner Cooper, J. R. Dickinson Dixon

Dollar Farmer Farrar Floyd Grahl Hamilton Harrington Higginbotham Holder Jordan, G. Laite Lambros Land

Lane, W. J. Magoon Mason Melton Merritt Miller Moore, J. H. Moreland Newton Nimmer Phillips Ragland Rainey

312
Ross Russell Shields

JOURNAL OP THE HOUSE,

Smith, J. R. Snow Tucker

Underwood Williams Mr. Speaker

On the passage of the Bill, the ayes were 148, nays 9.

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

The following members stated that they were in committee meetings at the time the roll call was ordered on the passage of HB 703, but wished to be recorded as voting "aye":
Messrs. Underwood of the 61st, Harrington of the 47th and Anderson of the 71st.

Mr. Barber of the 24th stated that he had been called from the floor of the House when the roll was called on HB 703, but had he been present would have voted aye.

Mrs. Merritt of the 68th stated that she had been called from the floor of the House when the roll was called on HB 703, but had she been present would have voted "aye".
HB 444. By Mr. Harris of the 118th:
A Bill to be entitled an Act to amend the Code of Georgia of 1933, Section 67-2002 (3) relating to the enforcement of laborer's and materialmen's liens, as amended, so as to provide that any lien enforced against the property so improved shall be brought within twelve months from the time such material, service, labor or supplies were furnished; to repeal conflicting laws; and for other purposes.

The following substitute, offered by the Committee on Judiciary, was read and adopted:
A BILL
To be entitled an Act to amend the Code of Georgia of 1933, Sec tion 67-2002(3) relating to the enforcement of laborer's and materialmen's liens, as amended, particularly by an Act approved March 27, 1941 (Ga. Laws 1941, p. 345), and an Act approved February 11, 1960 (Ga. Laws 1960, p. 103), so as to provide that any lien enforced di rectly against the property so improved shall be brought within twelve (12) months from the time such material, services, labor, or supplies were furnished; to provide that in certain circumstances the person or

TUESDAY, JANUARY 16, 1968

313

persons furnishing materials, services, labor, or supplies shall be re lieved of the necessity of filing suit; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The Code of Georgia of 1933, Section 67-2002 (3) relat ing to the enforcement of laborer's and materialmen's liens, as amended, particularly by an Act approved March 27, 1941 (Ga. Laws 1941, p. 345), and an Act approved February 11, 1960 (Ga. Laws 1960, p. 103) is hereby amended by adding in the second paragraph after the words "the necessity of" and before the words "obtaining judgment" the words "filing suit or" and by adding in said second paragraph after the words "in an action against the owner thereof" and before the words "but with the judgment rendered" the words "if filed within 12 months from the time the same shall become due", so that when so amended said second paragraph shall read as follows:
"In the event any contractor or subcontractor procuring mate rial, architect's services, registered land surveyor's services, or registered professional engineer's services, labor or supplies for the building, repairing or improving any real estate, building, or other structure shall abscond or die or remove from the State within 12 months from the date such services, labor, supplies or material are furnished him, so that personal jurisdiction cannot be obtained on said contractor or subcontractor in a suit for said services, material, labor or supplies, or if such contractor or sub contractor shall be adjudicated a bankrupt, or, if after the filing of suit, no final judgment can be obtained against him for the value of such material, services, labor or supplies, by reason of his death or adjudication in bankruptcy then and in any of said events, the person or persons so furnishing material, services, labor and supplies shall be relieved of the necessity of filing suit or obtaining judgment against such contractor or subcontractor as a prerequisite to enforcing a lien against the property improved by said contractor or subcontractor and may, subject to the pro vision of Section 67-2001, enforce said lien directly against the property so improved, in an action against the owner thereof, if filed within 12 months from the time the same shall become due, but with the judgment rendered in any such proceeding to be limited to a judgment in rem against the property improved and to impose no personal liability upon the owner of said property; provided, that in such action for recovery, the owner of the real estate improved, who has paid the agreed price, or any part of same may set up such payment in any action brought, and proved by competent and relevant evidence that such payments were ap plied as provided by law, and no judgment shall be rendered against the property improved."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

By unanimous consent, the Clerk was directed to correct the following typo graphical error in the Committee substitute to HB 444:

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Section I line 48, the word "proved" should be "prove".

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, by substitute, the ayes were 123, nays 0.

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

HR 142-403. By Messrs. Farrar and Harris of the 118th, Barber of the 24th and Irvin of the llth:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of a retirement system for all employees of public schools who are not covered by the Teachers' Retirement System including, but not limited to, school bus drivers, school lunchroom personnel, school maintenance personnel and school custodial personnel, and for the expenditure of State funds and the funds of county and independent boards of education for the sup port of said retirment system; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
The Constitution is hereby amended by adding between Paragraphs II and III of Section II of Article VII a new paragraph to be desig nated Paragraph II-A, to read as follows:
"Paragraph II-A. The General Assembly is hereby authorized to provide by law for the creation of a retirement system for all employees of public schools who are not covered by the Teachers' Retirement System including, but not limited to, school bus drivers, school lunchroom personnel, school maintenance personnel and school custodial personnel. The General Assembly is further authorized to provide in said Act creating such retirement system, or in any amendatory Acts thereto, for the expenditure of State funds and the funds of county and independent boards of education in support of said retirement system, including the accrued liability of said retirement system, in such manner as the General Assembly shall determine."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to two two-thirds of the members elected to each of the two branches of the General Assembly, and the same has

TUESDAY, JANUARY 16, 1968

315

been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia
of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to provide by law for the crea tion of a retirement system for all employees of pub lic schools who are not covered by the Teachers' Re-
NO ( ) tirement System, including, but not limited to, school bus drivers, school lunchroom personnel, school main tenance personnel and school custodial personnel, and for the expenditure of State funds and the funds of county and independent boards of education for the support of said retirement system?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary ol State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick

Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Carnes Gates Cato Chandler Cheeks

Clarke Cole Collins, J. F. Collins, M. Colwell Cook Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty

316
Davis Dean DeLong Dent Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards Tallin Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway Hale Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M.

JOURNAL OF THE HOUSE,

Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Longino Lovell Lowrey Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, Don C. Mullinax Murphy Nash Nessmith Nimmer Northcutt Otwell Pafford Palmer Paris Parker, C. A. Parrish Peterson

Phillips Pickard Potts Rainey Reaves Richardson Roach Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Sweat Thompson, A. W. Thompson, R. Threadgill Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Voting in the negative was Mr. Townsend.

Those not voting were Messrs.:

Barfield Bo wen

Caldwell Conner

Dickinson Egan

Magoon
Moore, J. H. Moreland Newton Odom

TUESDAY, JANUARY 16, 1968

317

Oglesby
Parker, H. W. Poss Ragland Ross

Tucker Wells Mr. Speaker

On the adoption of the Resolution, the ayes were 185, nays 1.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

Mr. Moore of the 20th stated that he was in a committee meeting when the roll was called on the adoption of HR 142-403, but had he been present would have voted "aye".

Messrs. Parker of the 55th, Wells of the 30th and Caldwell of the 51st stated that they had been called from the floor of the House when the roll was called on the adoption of HR 142-403, but had they been present would have voted "aye".

HB 926. By Messrs. Paris of the 23rd, Lee of the 35th, Murphy of the 26th, Henderson of the 102nd and others:
A Bill to be entitled an Act to amend an Act known as the "Unem ployment Compensation Law"; so as to provide that individuals who are laid off work through no fault of their own, shall be paid for the individual's waiting period of one week under certain circumstances; and for other purposes.

Mr. Buck of the 112th moved that HB 926 be tabled.
The motion was lost.
The following amendments were read and adopted:
Mr. Wiggins of the 32nd moves to amend HB 926 as follows:
By inserting in the last paragraph of Section 1 after the word "quarter" by adding the following:
"or which requires a change in the method of computing the individual experience rate of the employers or increase in the maximum rate of 2.7% for employers" and adding the same lan guage after the word "dollars" as it last appears in said paragraph.

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Mr. Bennett of the 95th moves to amend HB 926 as follows:

By adding thereto a sub-paragraph numbered (4) to read as fol lows:

"The employee shall present a certificate from his employer certifying that the employee meets the criteria for payment pur suant to sub-paragraph (1), (2) and (3) hereof".

An amendment, offered by Mr. Matthews of the 29th, was read and lost.
An amendment, offered by Mr. Gunter of the llth, was read and lost.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, J. K. Bond Bostick Bowen Branch Bray Brown, B. D. Busbee Caldwell Carnes Gates Chandler Cheeks Collins, J. F.
Colwell Cook Cooper, B. Cooper, J. R. Cox Crowe, W. J. Dailey Daugherty

Da vis Dean DeLong Dent Dickinson Dillon Dixon Dollar Dorminy Doster Douglas Edwards Farmer Farrar Fleming Floyd Funk
Gary Gay Grahl Graves Grier
Gunter Hadaway Hale Hamilton Hargrett Harrington Harris, R. W. Harrison

Henderson Hill Holder Hood Howard Hutchinson Jenkins Johnson, B. Joiner Jones, C. M. Jordan, G. Kaylor Laite Lambert Lambros
Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leggett Leonard Levitas Lewis Longino Lovell Lowrey Malone Mason Matthews, C. Matthews, D. R.

TUESDAY, JANUARY 16, 1968

319

Mauldin Maxwell McDaniell Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Murphy Nash Nessmith Newton Northcutt Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W.

Parrish Peterson Phillips Poss Rainey Reaves Roach Rowland Rush Russell Savage Scarlett Shanahan Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow

Stalnaker Starnes Sullivan Sweat Thompson, A. W. Threadgill Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ward Wells Whaley Wiggins Williams Wilson, J. M. Wood

Those voting in the negative were Messrs.

Berry, C. E. Black Blalock Brantley, H. H. Brantley, H. L. Buck Cato Clarke Cole Collins, M. Dodson Egan Fallin

Gaynor Gignilliat Hall Harris, J. R. Higginbotham Jones, M. Kirksey Knapp Lee, W. S. Magoon McCracken Mullinax Nimmer

Pickard Potts Richardson Sherman Shields Thompson, R. Townsend Ware Westlake Wilson, R. W. Winkles

Those not voting were Messrs.:

Brown, C.

Jordan, W. H.

Ross

Conner

McClatchey

Steis

Crowe, William

Melton

Tucker

Harris, J. P.

Moreland

Wamble

Howell

Odom

Mr. Speaker

Johnson, A. S.

Ragland

On the passage of the Bill, as amended, the ayes were 151, nays 37.

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

Mr. Busbee of the 79th moved that the House do now adjourn until 10:30 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:30 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia Wednesday, January 17, 1968

The House met pursuant to adjournment at 10:30 o'clock, A. M., this day and was called to order by the Speaker.

The following prayer was offered by Rev. Carrol Crosby, Pastor, Lynmore Methodist Church, Macon, Georgia:
God, our heavenly Father, grant to us this day an unfaltering faith in an unfailing God. Through this faith help us to find confidence and courage. There is much anxiety and unrest in our world--and in our State. We ask that these leaders will be given the strength to over come the pressure and temptations that plague them and that they may be instruments in bringing peace.
Give to all of us an understanding heart and a forgiving spirit.
We believe that when Your will is done the people will find fullfillment and happiness. Lead us to know Your will--so that it may be done on earth as in Heaven. In Jesus' name. Amen.

By unanimous consent the call of the roll was dispensed with.
Mr. Black of the 56th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills.

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321

6. First reading and reference of Senate Bills and Resolutions.

7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

HB 1002. By Mr. Jordan of the 78th:
A Bill to be entitled an Act to amend an Act granting a new charter for the City of Leary, so as to change the terms of office of the mayor and councilmen; and for other purposes.
Referred to the Committee on Local Affairs.

HR 453-1002. By Mr. Jordan of the 78th: A Resolution proposing an amendment to the Constitution, so as to create the Clay County Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1003. By Mr. Caldwell of the 51st:
A Bill to be entitled an Act to change the number of the members of the Thomaston-Upson County Office Building Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1004. By Mr. Caldwell of the 51st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomaston, so as to provide that the Mayor and Council of said city are authorized to provide by ordinance for the levy of ad valorem taxes on all taxable property for the ordinary current ex penses of said city such tax as they may deem necessary and proper; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1005. By Mr. Caldwell of the 51st:
A Bill to be entitled an Act incorporating the Village of East Thomaston, so as to abolish the Charter of the Village of East Thomaston; and for other purposes.
Referred to the Committee on Local Affairs.

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JOURNAL OF THE HOUSE,

HB 1006. By Mr. Caldwell of the 51st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomaston, so as to change and extend the present corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1007. By Mr. Caldwell of the 51st:
A Bill to be entitled an Act to consolidate and combine the Board of Tax Assessors of the City of Thomaston and the County of Upson; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1008. By Messrs. Ware of the 2nd, Crowe of the 1st, Parker of the 55th, Peterson of the 59th, Lovell of the 6th and Wood of the 16th:
A Bill to be entitled an Act to amend an Act establishing the Georgia Legislative Retirement System, so as to provide for the transfer of creditable service from the Employees' Retirement System to the Geor gia Legislative Retirement System; and for other purposes.
Referred to the Committee on State of Republic.

HB 1009. By Messrs. Wilson and Knapp of the 109th and Clarke of the 45th:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to provide for reexamination after the second or subsequent moving violation conviction; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1010. By Messrs. Busbee of the 79th and Cates of the 123rd:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide revenue and a source of revenue for the purpose of paying pen sions to the firemen of the State of Georgia, so as to provide that regu lar employees of the Georgia Fireman's Pension Fund who work at least 20 hours per week shall be eligible for membership in the fund; and for other purposes.
Referred to the Committee on State of Republic.

HB 1011. By Messrs. Matthews of the 94th and Fallin of the 94th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Doerun, so as to establish a Recorder's Court and to provide for a Recorder to preside therein; and for other purposes.
Referred to the Committee on Local Affairs.

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323

HB 1012. By Mr. Smith of the 54th:
A Bill to be entitled an Act to amend an Act establishing the Georgia Legislative Retirement System, so as to provide a new definition for "Prior Service"; and for other purposes.
Referred to the Committee on State of Republic.

HB 1013. By Messrs. Blalock and Potts of the 33rd:
A Bill to be entitled an Act to amend an Act placing the sheriff of Heard County on a salary basis in lieu of the fee basis, so as to provide an additional deputy; and for other purposes.
Referred to the Committee on Local Affairs.

HR 454-1013. By Mr. Harris of the 14th: A Resolution to compensate W. B. Hamby; and for other purposes.
Referred to the Committee on Appropriations.

HR 455-1013. By Mr. Rush of the 75th:
A Resolution to create the Shad Fish Study Committee; and for other purposes.
Referred to the Committee on Game and Fish.

HR 456-1013. By Mr. Winkles of the 120th:
A Resolution to compensate Phoenix Air Conditioning, Inc.; and for other purposes.
Referred to the Committee on Appropriations.

HR 457-1013. By Mr. Fallin of the 94th: A Resolution to compensate Mr. Wallace Thomas; and for other pur poses.
Referred to the Committee on Appropriations.

HR 458-1013. By Messrs. Cheeks and Dent of the 104th, DeLong and Sherman of the 105th, Maxwell and Fleming of the 106th:
A Resolution proposing an amendment to the Constitution, so as to authorize Richmond County and the City of Augusta to levy certain taxes; and for other purposes.
Referred to the Committee on Local Affairs.

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HE 459-1013. By Mr. Caldwell of the 51st:
A Resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to consolidate and combine the Board of Tax Assessors of real and personal property of the City of Thomaston and the County of Upson; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1014. By Messrs. Fleming and Maxwell of the 106th, Sherman and DeLong of the 105th, Dent and Cheek of the 104th:
A Bill to be entitled an Act to amend the charter of the City of Augusta, so as to provide that the rules of the police department shall designate the title of chief of detectives as captain of detectives and that said rules shall establish the grades of corporal of detectives; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1015. By Messrs. Caldwell of the 51st and McCracken of the 49th:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System of Georgia, so as to allow the inclusion of interest when computing retirement allowances; and for other pur poses.
Referred to the Committee on State of Republic.

HB 1016. By Messrs. Caldwell of the 51st and McCracken of the 49th:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System of Georgia, so as to correct a typographical error, relating to retirement on a disability allowance; and for other purposes.
Referred to the Committee on State of Republic.

HB 1017. By Messrs. Williams, Cooper and Wood of the 16th:
A Bill to be entitled an Act to amend an Act creating the Peace Of ficers' Annuity and Benefit Fund, so as to provide that any peace officer after having been a member of said retirement fund for 10 years shall not be dropped therefrom for any reason; and for other purposes.
Referred to the Committee on State of Republic.

HB 1018. By Messrs. Fleming and Maxwell of the 106th, Sherman and DeLong of the 105th, Dent and Cheek of the 104th:
A Bill to be entitled an Act to declare abandoned Alien Park in the

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325

City of Augusta; to authorize the sale thereof by the City Council; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1019. By Messrs. Doster of the 73rd, Dorminy of the 72nd, Bowen and Rainey of the 69th: A Bill to be entitled an Act to amend an Act placing the SolicitorGeneral of the Cordele Judicial Circuit upon an annual salary, so as to change the salary of the Solicitor-General; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1020. By Mr. Steis of the 100th: A Bill to be entitled an Act to amend an Act establishing an Employees' Retirement System of Georgia, so as to provide that the phrase "in voluntary separation without prejudice" shall include in its definition the failure in an election of an elective official; and for other purposes.
Referred to the Committee on State of Republic.
HR 475-1020. By Mr. Black of the 56th: A Resolution proposing an amendment to the Constitution, so as to create the Chattahoochee County Industrial Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HR 476-1020. By Mr. Black of the 56th: A Resolution proposing an amendment to the Constitution, so as to create the Stewart County Industrial Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1021. By Messrs. Smith of the 54th and Jones of the 76th: A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to provide that the Board is authorized to make certain post-retirement benefit changes; and for other purposes.
Referred to the Committee on State of Republic.
HB 1022. By Messrs. Graves, Starnes and Lowrey of the 13th, Moore and Dean of the 20th and Levitas of the 118th: A Bill to be entitled an Act to authorize wrecking companies to dispose of motor vehicles worth $300 or less, the owner of which is unknown,

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after having custody for 6 months; and for other purposes. Referred to the Committee on Motor Vehicles.

HB 1023. By Messrs. Wiggins and Threadgill of the 32nd, Underwood of the 61st and McCracken of the 49th:
A Bill to be entitled an Act to amend Code Chapter 34-10, so as to pro vide that all petitions for the nominators of candidates shall be filed with the Ordinary of that county within which the petition was cir culated and signatures compiled; and for other purposes.
Referred to the Committee on State of Republic.

HB 1024. By Messrs. Lowrey of the 13th, Farrar of the 118th, Matthews of the 35th, Levitas of the 118th, Simmons of the 9th and others:
A Bill to be entitled an Act to require the licensing of Clinical Labora tory Personnel; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 1025. By Mr. Steis of the 100th:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System of Georgia, so as to clarify prior service credit provisions as to time spent in the Armed Forces during war or national emergency; and for other purposes.
Referred to the Committee on State of Republic.

HB 1026. By Messrs. Lowrey of the 13th, Farrar and Levitas of the 118th, Matthews of the 35th, Simmons of the 9th and Roach of the 15th:
A Bill to be entitled an Act to require the licensing of Clinical Labora tories, Blood Banks, Tissue Banks and Laboratory Schools; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 1027. By Messrs. Adams of the 125th, Turner and Gates of the 123rd, Brantley of the 130th, Carnes of the 129th and others:
A Bill to be entitled an Act to amend an Act known as the "Retailers' and Consumers' Sales and Use Tax Act", so as to remove the restric tion of counties and municipal corporations in this State having a population of more than 300,000 from charging a tax on amusement admissions, rooms, lodgings or accommodations; and for other purposes.
Referred to the Committee on Local Affairs.

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327

HB 1028. By Messrs. Adams of the 125th, Turner of the 123rd, Winkles of the 120th, Adams of the 128th, Cox of the 127th and others:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta, so as to provide that the mayor and board of aldermen are authorized to prescribe, impose, levy and collect an ex cise tax not to exceed 2% on the rental or charges for any rooms, lodging or accommodations rented to transients by any hotel, inn, motel, tourist camp, tourist cabin, or any other place in which rooms, lodgings or accommodations are regularly rented to transients for a considera tion, in which hotel services are provided, in the city; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1029. By Messrs. Adams of the 125th, Turner of the 123rd, Winkles of the 120th, Cox of the 127th, Brantley of the 139th and others:
A Bill to be entitled an Act to authorize and empower the governing authorities of counties of this State, exceeding 400,000 in population, to impose, levy and collect an excise tax on the sales price of tickets, fees or charges made for any furnished room, rooms, lodgings or accommodations rented to transients; and for other purposes.
Referred to the Committee on Local Affairs.

HR 478-1029. By Mr. Poss of the 17th:
A Resolution to compensate Mr. Clyde N. Fitzpatrick; and for other purposes.
Referred to the Committee on Appropriations.

HR 479-1029. By Messrs. Busbee of the 79th, Walling of the 118th, Bostick of the 93rd, Grahl of the 52nd and Mrs. Hamilton of the 137th:
A Resolution adopting the "Report of the Teacher Certification Policies Study Committee"; and for other purposes.
Referred to the Committee on Education.

HB 1030. By Messrs. Dickinson of the 27th, Ballard of the 37th, Collins of the 62nd, Carnes of the 129th, Walling of the 118th and others:
A Bill to be entitled an Act to amend Code Section 109A-2-318, relat ing to third party beneficiaries of express or implied warranties of goods, so as to provide that lack of privity between the plaintiff and defendant shall be no defense in any action brought against the manu facturer or seller; and for other purposes.
Referred to the Committee on Judiciary.

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HB 1031. By Messrs. Egan of the 141st, Steis of the 100th, Dodson of the 107th and Scarlett of the 85th:
A Bill to be entitled an Act to amend Code Chapter 113-14, relating to inventories, appraisements and returns of the property of deceased persons, so as to provide that the property of a deceased need not be appraised under certain circumstances; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1032. By Messrs. Northcutt of the 35th and Moore of the 12th:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to provide an additional retire ment benefit for certain persons who retired under the provisions of said Act prior to January 1, 1967; and for other purposes.
Referred to the Committee on State of Republic.

HB 1033. By Mr. Games of the 129th:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System of Georgia, so as to provide creditable serv ice for certain employees; and for other purposes.
Referred to the Committee on State of Republic.

HB 1034. By Mrs. Merritt of the 68th and Mr. Parker of the 68th:
A Bill to be entitled an Act to expand the application of the City of Americus Retirement System, so as to provide that no employee hired after May 24, 1968, shall be permitted to participate in the system; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1035. By Mr. Murphy of the 26th:
A Bill to be entitled an Act to amend an Act establishing a retirement fund and retirement benefits for Ordinaries, so as to provide for retire ment benefits for the Secretary-Treasurer; and for other purposes.
Referred to the Committee on State of Republic.

HB 1036. By Messrs. Smith of the 114th, Brown of the 34th, Turner of the 123rd, Berry of the 110th, Dillon of the 128th and others:
A Bill to be entitled an Act to amend Code Section 13-2027, so as to remove the provisions permitting banks to charge for exchange drawn in payment of checks presented to banks; and for other purposes.
Referred to the Committee on Banks and Banking.

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329

HB 1037. By Mr. Conner of the 91st:
A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System, relating to prior service as a member of the General Assembly; and for other purposes.
Referred to the Committee on State of Republic.

By unanimous consent, the following Bills and Resolutions of the House were read the second time:

HB 962. By Messrs. Harris, Parrar, Levitas and Walling of the 118th:
A Bill to be entitled an Act to provide for an advisory referendum election to be held in DeKalb County for the purpose of ascertaining whether the county-manager form of county government is desired by the people of such county; for the purpose of ascertaining the method by which the people of such county desire to elect the county commis sioners of such county; and for other purposes.

HB 963. By Mr. Ross of the 31st:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to provide that any person who is presently a member of the Retirement System, who was inducted into active service in the Armed Forces or was an employee of the State of Georgia prior to the creation of the State Employees' Retire ment System, shall be eligible for prior service credit; and for other purposes.

HB 964. By Messrs. Hale and Crowe of the 1st, and Snow of the 1st:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Trenton, so as to change the provisions of said charter relating to the power of eminent domain; and for other purposes.

HB 965. By Mr. Howell of the 86th:
A Bill to be entitled an Act to amend an Act incorporating the City of Blakely, so as to provide for the municipal election date; to provide for special elections to fill vacancies occurring on the city council and the office of the mayor; and for other purposes.

HB 966. By Messrs. Conner of the 91st and McClatchey of the 138th:
A Bill to be entitled an Act to amend an Act relating to gifts of securi ties to minors, so as to provide for a short title; to provide the gift of life insurance policies and annuity contracts to minors; and for other purposes.

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HB 967. By Messrs. Williams and Wood of the 16th, Johnson of the 40th, Barber of the 24th, Adams of the 125th, Hood of the 124th, Cooper of the 16th and Turner of the 123rd:
A Bill to be entitled an Act to regulate driver training schools; and for other purposes.

HB 968. By Mr. Moreland of the 28th:
A Bill to be entitled an Act to change the method of choosing members of the Board of Education of Walton County; and for other purposes.

HB 969. By Messrs. Harris of the 85th, Nessmith of the 64th, Joiner of the 48th and Knapp of the 109th:
A Bill to be entitled an Act to create the Surface Mined Land Use Board under the Department of Mines, Mining and Geology; and for other purposes.

HB 970. By Mr. Clarke of the 45th:
A Bill to be entitled an Act to amend an Act creating the Board of Trustees of the Joint Municipal Employees' Retirement System and providing for the establishment of a joint municipal retirement system, so as to define the terms "vesting", "vested right", and "vested benefit"; and for other purposes.

HB 971. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to amend an Act creating the Judges' and Solicitor-Generals' Retirement Fund of Fulton County, so as to allow certain eligible persons to become members of the retirement fund; and for other purposes.

HB 972. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to amend an Act creating the Judges' and Solicitor-Generals' Retirement Fund of Fulton County, so as to allow certain eligible persons to become members of the retirement funds; and for other purposes.

HB 973. By Messrs. Williams, Cooper and Wood of the 16th, Hutchinson of the 79th and Mason of the 22nd: A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to require the inspection of each motor vehicle, trailer and semi-trailer registered in this State; and for other purposes.

HR 447-973. By Mr. Anderson of the 71st: A Resolution proposing an amendment to the Constitution, so as to

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331

create the Pulaski County-Hawkinsville Development Authority; and for other purposes.

HR 448-973. By Mr. Collins of the 62nd:
A Resolution to compensate Mrs. Hershel V. Pope; and for other pur poses.

HR 449-973. By Mr. Longino of the 122nd: A Resolution to compensate Mr. J. W. Maddox; and for other purposes.

HR 450-973. By Messrs. Brown of the 34th and Potts of the 33rd:
A Resolution creating a committee to study Agricultural Experiment Stations; and for other purposes.

HB 974. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to amend Code Chapter 95-17, so as to transfer certain duties vested in the State Highway Board to the State Highway Department; and for other purposes.

HB 975. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to amend an Act relating to the granting of special permits to operate motor vehicles upon the public highways which are in excess of the limit provided by law for the weight of motor vehicles, so as to transfer certain duties vested in the Chairman of the State Highway Board to the Director of the State Highway Department; and for other purposes.

HB 976. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to amend Code Section 95-1607, so as to provide that the State Highway Engineer shall be reimbursed for necessary traveling expenses incurred in the performance of his duties while traveling in the County of Fulton; and for other purposes.

HB 977. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to amend an Act governing and regulating the use of the public roads and highways of this State, so as to vest

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the State Highway Department with certain powers and authority to enforce the provisions of this Act; to provide law enforcement offi cers and employees of the State Highway Department with authority to weigh and measure motor vehicles and to order operators of vehicles to drive their vehicles upon scales to be weighed; and for other pur poses.

HB 978. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to repeal an Act entitled "An Act to pro vide for the auditing of obligations of and claims against the State Highway Department and the approval of such obligations and claims for payment by the Chairman of the State Highway Department, the Governor and the State Auditor; and for other purposes.

HB 979. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to amend Code Section 95-1907, so as to provide the procedure for installation of automatic signal devices at grade crossings of county roads; and for other purposes.

HB 980. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to amend Code Section 95-1608, so as to transfer certain functions and duties vested in the State Highway Board to the State Highway Director; and for other purposes.
HB 981. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to amend an Act entitled "An Act to make it unlawful to park or leave unattended any vehicle upon the rightof-way of any State highway for over 48 hours; to prohibit the erec tion of signs or obstructions on the right-of-way of any State High way", so as to remove the provisions granting sellers of fruit, nuts and/or vegetables an exemption from the operation of this Act; and for other purposes.
HB 982. By Messrs. Vaughn of the 117th, Wood of the 16th, Colwell of the 5th, Holder of the 70th, Sherman of the 105th and others:
A Bill to be entitled an Act to amend Code Section 92-1403, so as to increase the excise tax imposed on all distributors of motor fuel; and for other purposes.

HB 983. By Messrs. Vaughn of the 117th, Wood of the 16th, Colwell of the 5th, Holder of the 70th, Sherman of the 105th and others:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide

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333

for an additional exemption on the sale or use of motor fuels, including gasoline; and for other purposes.

HB 984. By Messrs. Vaughn of the 117th, Sherman of the 105th, Wood of the 16th, Buck of the 112th, Holder of the 70th and others:
A Bill to be entitled an Act imposing a motor fuel tax upon motor vehicles that use Georgia highways while using motor fuel purchased in other states and from which Georgia has received no revenue, so as to provide for an increase in credit for the payment of motor fuel tax imposed by said Act; and for other purposes.

HB 985. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to amend an Act governing and regulating the use of public roads and highways in this State, so as to provide that loads of poles, logs, pilings, lumber, structural steel, piping, tim ber, and pre-stressed and pre-cast concrete may exceed the length fixed by this Act without requiring a special permit, but a special permit shall be required if the total length of vehicle and load exceeds seventy-five feet; and for other purposes.
HB 986. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to amend Code Section 95-1504, so as to provide that the State Highway Department is authorized to make reasonable regulations for the installation, construction, maintenance, repair, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, tracks and other equipment and appliances of any public utility in, on, along, over or under any project which the State Highway Department has undertaken; and for other purposes.
HB 987. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to amend an Act creating the offices of the State Highway, Chairman of the State Highway Board, and Treas urer of the State Highway Department, so as to change the qualifica tions of the Director of the State Highway Department; and for other purposes.
HB 988. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to amend an Act relating to construction and maintenance of portions of State-aid system of roads lying within the corporate limits of municipalities, so as to transfer certain duties vested in the State Highway Board to the State Highway Department; and for other purposes.

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HB 989. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to amend an Act prescribing an additional procedure for the exercise of the power of eminent domain by the State of Georgia, so as to provide that no appeal shall be taken by the owner of land condemned by a special master until the owner has posted bond, equal to the amount of the award by the special master, with the clerk of the Superior Court to which the appeal is to be taken; and for other purposes.

HB 990. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to repeal Code Section 95-1506, relating to the duty of the State Highway Board to submit an annual report of operations, activities, plans and budget to the Governor; and for other purposes.

HB 991. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to amend an Act pertaining to reimburse ment to the Department of Law by the State Highway Department for certain legal services, so as to provide for reimbursement to the De partment of Law by the State Highway Department for legal fees for services by any Assistant Attorney General or Deputy Assistant Attorney General assigned by the Attorney General to perform specific items of legal work in connection with contract lawsuits; and for other purposes.

HB 992. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to repeal Section 3 of an Act governing and regulating the use of public roads and highways of this State, so as to eliminate the authority of the Public Service Commission to issue special permits for the operation of motor vehicles exceeding certain lengths, and to remove the prohibition against construing the provi sions of this Act to prohibit the hauling of timber, lumber and piling of motor vehicles; and for other purposes.

HB 993. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to provide that local authori ties in their respective jurisdiction shall conform their traffic-control devices to specifications contained in the Georgia Manual on Uniform Traffic Control Devices for Streets and Highways as it now exists or may hereafter be revised; and for other purposes.

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335

HB 994. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to amend an Act entitled "An Act to authorize the State Highway Board of Georgia in connection with adjoining states to purchase bridges across streams on the State line", so as to transfer the authority vested in the State Highway Board by said Act to the State Highway Department; and for other purposes.

HR 451-994. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Resolution authorizing the creation of an Interim Study Committee to revise, consolidate, and recommend the enactment of new laws and to re-codify all laws pertaining to the highways and public roads of the State of Georgia; and for other purposes.

HB 995. By Messrs. Hutchinson of the 79th, Hall of the 67th, Parker of the 68th, Rush of the 75th and Northcutt of the 35th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in the State public schools and other State sup ported schools, so as to provide for increasing the employee contribu tion in order to receive membership service credit for any period of active duty in the military service after July 1, 1968; and for other purposes.

HB 996. By Mr. Snow of the 1st:
A Bill to be entitled an Act to amend an Act providing for publication or distribution of a statement of financial condition of each incorporated municipality, so as to provide for publication of the statement of finan cial condition six months after the close of the fiscal year of each incorporated municipality; and for other purposes.

HB 997. By Messrs. Adams of the 125th, Rainey of the 69th, Williams of the 16th, Games of the 129th and others:
A Bill to be entitled an Act to be known as and may be cited as the "Outboard Motor Title Act", to provide for certain definitions to give the director of the State Game and Fish Commission the responsibility of administering said Act; and for other purposes.

HB 998. By Messrs. Adams of the 125th, Rainey of the 69th, Williams of the 16th, Games of the 129th and others:
A Bill to be entitled an Act requiring the display of information relat ing to maximum capacity on watercraft; and for other purposes. HB 999. By Messrs. Williams, Wood and Cooper of the 16th:
A Bill to be entitled an Act to amend the Uniform Act Regulating Traffic on Highways, so as to provide that if a vehicle is being driven

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at a speed less than at normal speed of traffic moving in the same direction at such time, and is not being driven in the right-hand lane of traffic, it shall constitute prinia facie evidence that the driver is operating the vehicle in violation of Article VII, Section 55, Subsection (b) of this Act; and for other purposes.

HE 452-999. By Mr. Russell of the 92nd:
A Resolution compensating the Boston Seed Company; and for other purposes.

HB 1000. By Mr. Barber of the 24th: A Bill to be entitled an Act to amend an Act establishing a retirement system for the teachers in the State Public Schools and other state supported schools, so as to provide that members of the Employees' Retirement System of Georgia who become subject to the provisions of the Teachers' Retirement System may transfer their credit to the Teachers' Retirement System of Georgia; and for other purposes.
HB 1001. By Mr. Barber of the 24th: A Bill to be entitled an Act to amend an Act establishing an Employees' Retirement System, so as to provide that members of the Teachers' Retirement System of Georgia who become subject to the provisions of the Employees' Retirement System of Georgia may transfer their credits to the Employees' Retirement System of Georgia; and for other purposes.
Mr. Matthews of the 94th, Chairman of the Committee on Agriculture, sub mitted the following report:
Your Committee on Agriculture has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 945. Do Pass.
Respectfully submitted, Matthews of the 94th, Chairman.
Mr. Murphy of the 26th, Chairman of the Committee on Banks & Banking, submitted the following report:

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337

Mr. Speaker:

Your Committee on Banks & Banking has had under consideration the follow ing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 934. Do Pass. HB 937. Do Pass. HB 933. Do Pass. HB 936. Do Pass. HB 940. Do Pass.

Respectfully submitted, Murphy of the 26th, Chairman.

Mr. Ware of 42nd, Chairman of the Committee on Defense & Veterans Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Defense & Veterans Affairs has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 947. Do Pass.
Respectfully submitted,
Ware of the 42nd,
Chairman.

Mr. Pickard of the 112th, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:

Your Committee on Industry has had under consideration the following Bills and Resolution of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 850. Do Pass.

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JOURNAL OF THE HOUSE,

HB 867. Do Pass. HB 901. Do Pass. HB 915. Go to House Without Recommendation. SR 146. Do Pass.
Respectfully submitted, Sweat of the 83rd Secretary.

Mr. Clarke of the 45th, Chairman of the Committee on Local Affairs, sub mitted the following report:

Mr. Speaker:

Your Committee on Local Affairs has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 964. Do Pass. HB 965. Do Pass. HB 968. Do Pass. HB 970. Do Pass. HB 996. Do Pass.

Respectfully submitted, Clarke of the 45th Chairman.

Mr. Steis of the 100th, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the follow ing Bills and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommenda tions :

HB 928. Do Pass, as Amended.

SR

25. Do Pass.

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339

HR 432-952. Do Pass.

HB 897. Do Pass.

SB

91. Do Pass, as Amended.

HB 958. Do Pass.

HB 534. Do Pass, by Substitute.

HB 781. Do Not Pass.

Respectfully submitted, Steis of the 100th Chairman.

The following message was received from the Senate through Mr. McWhorter the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:

SB 200. By Senators Smith of the 18th, Broun of the 46th, Smalley of the 28th, and others:
A Bill to amend an Act creating the State Board of Pardons and Paroles, so as to require certain actions taken by the Board to be con ducted at public hearings which have previously been announced by the Board; to change certain other provisions relating to the confi dential nature of reports, records and documents used by the Board; to repeal conflicting laws; and for other purposes.

SB 201. By Senators Smith of the 18th, Broun of the 46th, and Johnson of the 42nd:
A Bill to provide who may appear and practice before the State Board of Pardons and Paroles for a fee, money or other remuneration; to provide a penalty for the violation of this Act; to repeal conflicting laws; and for other purposes.

SB 210. By Senator Minish of the 48th:
A Bill to amend Code Section 74-111, relating to reports of cruel treat ment of children, so as to include dentists among those parties permitted to report cases of cruel treatment of children with immunity from civil or criminal liability; to repeal conflicting laws; and for other purposes.

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The Senate insists upon its amendment to the following Bill of the House; to-wit:

HB 404. By Messrs. Mason and Nash of the 22nd:
A Bill to repeal an Act creating a Board of County Commissioners, so as to create a new Board of Commissioners of Roads and Revenues of Gwinnett County; and for other purposes.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 404. By Messrs. Mason and Nash of the 22:
A Bill to repeal an Act creating a Board of County Commissioners, so as to create a new Board of Commissioners of Roads and Revenues of Gwinnett County; and for other purposes.

Mr. Nash of the 22nd moved that the House insist on its position in disagree ing to the Senate amendment, and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.

The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:

Messrs. Mason and Nash of the 22nd and Williams of the 16th

Mr. Harris of the 118th moved that the following Bill of the Senate be taken from the table:

SB 30. By Senator Smalley of the 28th:
A Bill to be entitled an Act to create the Trial Judges and Solicitors Retirement Fund; and for other purposes.

The motion prevailed, and SB 30 was taken from the table.

By unanimous consent, the following Bill of the Senate was recommitted to the Committee on Judiciary for further study:

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341

SB 30. By Senator Smalley of the 28th:
A Bill to be entitled an Act to create the Trial Judges and Solicitors Retirement Fund; and for other purposes.

By unanimous consent, the following Resolution of the House was withdrawn from the Committee on University System of Georgia and referred to the Com mittee on Agriculture:

HR 450-973. By Messrs. Brown of the 34th and Potts of the 33rd:
A Resolution creating a committee to study Agricultural Experiment Stations; and for other purposes.

By unanimous consent, the following Resolution of the House was with drawn from the Committee on Banks and Banking and referred to the Committee on Judiciary:

HR 420-932. By Messrs. Northcutt of the 35th and Lane of the 126th:
A Resolution proposing an amendment to the Constitution, so as to provide that no political entity shall exercise its power of eminent domain to condemn any huilding used as a residence or business until all occupants have been relocated; and for other purposes.

Under the general order of business, the following Bills and Resolution of the House were taken up for consideration and read the third time:

HR 6-1. By Messrs. Smith of the 54th, Busbee of the 79th, Jones of the 76th, Lambert of the 38th, Lee of the 79th and Williams of the 16th:
A Resolution proposing an amendment to the Constitution to provide that when no person receives a majority of the votes in an election for Governor, a runoff election shall be held between the two persons receiving the highest number of votes; and for other purposes.

The following substitute, offered by the Committee on State of the Republic, was read:
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide for a runoff election for Governor in the event no candidate receives a majority of the votes cast in the general election; to provide the proce-

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dure connected therewith; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

SECTION 1
The Constitution is hereby amended by striking in their entirety Paragraphs III and IV of Section I of Article V and substituting in lieu thereof new Paragraphs II and IV to read as follows:

"Paragraph III. Returns of Election and Tabulation of Votes, Runoff Election. The returns for every election for Governor shall be sealed up by the superintendents, separately from other returns, and transmitted, on or before the seventh day following the election, to the Secretary of State, who shall, without opening said returns, cause the same to be delivered to the President of the Senate and the Speaker of the House of Representatives as hereinafter provided. On the day after the two houses shall have been organized following said election, the members of the General Assembly shall convene in joint session at 10:00 a.m. iin the Representative Hall. At that time the President of the Senate and the Speaker of the House of Representatives shall open, canvass, tabulate and publish the returns of said election in the presence and under the direction of The General Assembly. The person having the majority of the whole number of votes shall be declared the duly elected Governor of this State.

"In the event no candidate for Governor receives a majority of the whole number of votes cast, the General Assembly shall immediately call for a runoff election between the two persons who received the highest number of votes in said election who shall be in life and not decline said runoff election. Said runoff election shall be held on the second Tuesday immediately following the call for said runoff election, unless another date be fixed by the General Assembly or unless such date be postponed by court order. The runoff election shall be a continuation of and a part of the first election process. Only the electors entitled to vote in the first election shall be entitled to vote in any runoff election resultiing therefrom; and only those votes cast for the two persons designated as hereinabove provided by the General Assembly shall be counted in the tabulation and canvass of the votes cast in the runoff election. The provisions of this Paragraph as to the transmission of the returns of the first election, the opening of the returns, and the tabulation and canvassing of the votes cast shall apply to the runoff election, except as hereinafter provided.

"On the second Monday following said runoff election, the General Assembly shall convene at 10:00 a.m. in joint session in the Representative Hall, and the Secretary of State shall deliver the returns of said runoff election to the President of the Senate and the Speaker of the House of Representatives who shall open, canvass, tabulate and publish the returns of said runoff election

WEDNESDAY, JANUARY 17, 1968

343

in the presence and under the direction of the General Assembly. The person having the highest number of votes entitled to be counted in the runoff election shall be declared the duly elected Governor of this State.

"Paragraph IV. General Assembly may provide additional procedures. The General Assembly may provide by law or by its rules for any additional procedures or requirements connected with any subject matter embraced within Paragrph III which is not inconsistent with the provisions therein found."

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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 for a runoff election for Governor in the event no candidate
NO ( ) receives a majority of the votes cast in the general election?
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon,

The following amendment to the Committee substitute was read and adopted:
Messrs. McCracken of the 49th District, Wiggins of the 32nd District, Underwood of the 61st District and Lambert of the 38th Dis trict move to amend the Committee Substitute for House Resolution No. 6-1 as follows:
By striking Paragraph III of Section 1 and inserting in lieu there of the following language to be designated as Paragraph III-A and B.
"Paragraph III.

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(A) Transmission, canvassing and publishing election returns. The returns for every election of Governor shall be sealed up by the Superintendents separately from other returns, and directed to the President of the Senate and Speaker of the House of Representa tives, and transmitted to the Secretary of State, who shall, without opening said returns, cause the same to be laid before the Senate on the day after the two houses shall have been organized, and they shall be transmitted by the Senate to the House of Representatives. The members of each branch of the General Assembly shall con vene in the Representative Hall, and the President of the Senate and Speaker of the House of Representatives shall open and publish the returns in the presence and under the direction of the General Assembly; and the person having the majority of the whole number of votes, shall be declared duly elected Governor of this State.

(B) Runoff election. In the event no candidate for Governor
receives a majority of the whole number of votes cast, the General
Assembly shall continue said election by immediately calling a
runoff election between the two persons who received the highest
number of votes in said election who shall be in life and not decline
said runoff election. Said runoff election shall be held on the second Tuesday immediately following the call for said runoff election, unless another date be fixed by the General Assembly or unless such date be postponed by court order. The runoff election shall be a continuation of and a part of the first election process. Only the electors entitled to vote in the first election shall be entitled to vote in any runoff election resulting therefrom; and only those votes cast for the two persons designated as hereinabove provided by the General Assembly shall be counted in the tabulation and canvass of the votes cast in the runoff election. The provisions of this Paragraph as to the transmission of the returns of the first election, the opening of the returns, their tabulation, canvassing and publication shall apply to the runoff election. On the second Monday following said runoff election, the General Assembly shall convene at 10:00 a.m. in joint session in the Representative Hall. The President of the Senate and the Speaker of the House of Representatives shall open, canvass, tabulate and publish the returns of said runoff election in the presence and under the direction of the General Assembly. The person having the highest number of votes entitled to be counted in the runoff election shall be declared the duly elected Governor of this State."

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to, as amended.

On the adoption of the Resolution, by substitute, as amended, the roll call was ordered and the vote was as follows:

WEDNESDAY, JANUARY 17, 1968

345

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Cheeks Clarke Cole Collins, M. Colwell Conner Cook Copper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis DeLong Dent Dickinson Dillon Dixon Dodson Doster Douglas Edwards Egan Fallin

Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway Hale Hall Hamilton Hargrett Harrington Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B.
Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Longino

Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moore, Don C. Moore, J. H. Mullinax Nash Nessmith Newton Nimmer Northcutt
Odom Oglesby Otwell Pafford Palmer Parker, C. A. Parker, H. W. Parrish Phillips Pickard Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W.

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Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Sweat Thompson, A. W. Thompson, R.

Threadgill Townsend Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward

Ware Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Collins, J. P. Dean Dollar Dorminy Harris, J. F.

Moate Moreland Murphy Paris Peterson

Smith, J. R. Tucker Mr. Speaker

On the adoption of the Resolution, by substitute, as amended, the ayes were 192, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, by substitute, as amended.

Messrs. Dorminy of the 72nd and Dean of the 20th stated that they had been called from the floor of the House when the roll was called on HR 6-1, but had they been present would have voted "aye".

HB 891. By Mr. Cato of the 89th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Civil Practice Act", so as to provide that the clerk as well as the judge may grant an order that service may be made by publication of the summons; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander

Anderson Ballard

Barber Barfield

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347

Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bo wen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Cheeks Clarke Cole Collins, J. F. Coiling, M. Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Dollar Dorminy Douglas Edwards Fallin Farmer Farrar Fleming Floyd Funk Gary
Gay

Gaynor Gignilliat Grier Gunter Hadaway Hale Hamilton Hargrett Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howard Hutchinson Jenkins Johnson, B. Joiner Jones, M. Jordan, G. Kaylor Kirksey Knapp Lambert Lambros Land Lane, Dick Lane, W. J. Lee W. J. (Bill) Lee, W. S. Leggett Leonard Le vitas Longino
Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Merritt Mixon Moate Moore, Don C. Moore, J. H. Mullinax

Nash Nessmith Northcutt Odom Otwell Pafford Palmer Parker, C. A. Parrish Peterson Phillips Poss Potts Reaves Richardson
Roach Ross Rush Russell Savage Scarlett Shanahan Sherman Shields Simmons Sims Smith, G. W. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Sweat Thompson, A. W. Thompson, R. Threadgill Turner Tye Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood

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Those not voting were Messrs.:

Chandler Colwell Doster Egan Grahl Graves Hall Harrington Harris, J. P. Howell Johnson, A. S. Jones, C. M.

Jordan, W, H. Laite Lewis McCracken Miller Moreland Murphy Newton Nimmer Oglesby Paris Parker, H. W.

Pickard Ragland Rainey Rowland Shuman Smith, J. R. Steis Sullivan Townsend Tucker Underwood Mr. Speaker

On the passage of the Bill, the ayes were 169, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 130. By Messrs. Dillon of the 128th, Steis of the 100th, McClatchey of the 138th, Adams of the 125th, Games of the 129th and others:
A Bill to be entitled an Act to provide for the defense of indigents; to provide for a short title; to authorize the establishment of the Office of Public Defender; and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act To provide for the defense of indigents; to provide for a short title; to provide the appointment of counsel; to authorize the establishment of the Office of Public Defender; to define certain terms; to provide for compensation and expenses; to provide for matters relative to representation of indigents; to provide for a deter mination of indigency; to specify persons who many represent indigents; to provide for the substitution of public attorneys; to provide for per sonnel, facilities, and expenses for the Office of Public Defender; to provide for records and reports; to provide for penalties, to provide for appropriations and funds; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal a specific law; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Short Title. This Act shall be known and may be cited as the "Defense of Indigents Act".

WEDNESDAY, JANUARY 17, 1968

349

SECTION 2

Appointment of Counsel for Indigent Defendants.

(a) The General Assembly or at the option of the General As sembly, the governing authority of each county, shall provide for the defense of indigents who are subject to criminal proceedings originating in each county by:

(1) arranging with the courts of criminal jurisdiction in the county to assign attorneys;

or
(2) arranging with a nonprofit legal aid or defender organi zation to provide attorneys;

(3) establishing and maintaining an Office of Public Defend er;
or
(4) adopting a combination of the choices specified by clauses (1) through (3) inclusive.
Until the General Assembly elects otherwise, it shall be considered as having elected the choice specified by clause (1). Nothing contained in subparagraph (2), (3), or (4) of this Section shall be construed as preventing any judge of any court of criminal jurisdiction, in the exercise of his discreetion, from appointing an attorney to represent an indigent defendant in a particular case pending before such judge, in which event such attorney shall be compensated in the manner prescribed by Section 3 (a) hereof.
(b) If it elects either choices (2) or (3) above the General Assembly may authorize the governing authorities of one or more counties to arrange with a nonprofit legal aid or defender organization to provide attorneys or to establish and maintain a joint office of public defender.
(c) In this Act, the term "indigent" means a person who, in the normal course of his affairs, and without resorting to assets that are exempt by law from execution, and without regard to whether he is at liberty on bail, is currently unable to pay for a competent attorney and the other necessary expenses of representation or, if he is represented by an attorney, to pay the other necessary expenses of representation; "public attorney" means an attorney or attorneys provided under this Section or a substitute attorney or attorneys provided under Section 6.
(d) Whenever a court of criminal jurisdiction finds that funds were available for the payment from or on behalf of the defendant, at

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the time counsel was appointed the court may order and authorize or direct any party that such funds be paid to the assigned attorney, nonprofit legal aid or defender organization, public defender, other person or organization rendering investigative, expert or other services, or to the court for the account of the governing authority of the county as a reimbursement to the appropriation, current at the time of pay ment, for the expenses to be incurred in the administration of this Act.

SECTION 3

Compensation, Expenses.
(a) If the General Assembly elects to authorize the courts of criminal jurisdiction in the county to assign public attorneys, each court shall prescribe the compensation of the public attorneys whom it as signs in terms of the fee for such services as recommended by the State Bar of Georgia or the fees customarily charged by the attorneys in the community for such legal services and approve the expenses necessarily incurred by them in the defense of indigents under this Act. Notwithstanding the foregoing provision, however, the trial court may prescribe nominal compensation or no compensation, or in the extraordinary circumstance the trial court may approve the payment of additional compensation in such amount as the trial court may determine and find to be necessary to provide compensation for pro tracted representation.
(b) If the General Assembly elects to arrange with a nonprofit legal aid or defender organization to provide public attorneys, the governing authority of the county shall pay therefor the reasonable value of such services as the parties may determine. To the extent feasible, the legal aid and defender organization shall endeavor to sup plement such services by procuring the voluntary and uncompensated assistance of members of the Bar.
(c) If the governing authority of a county elects to establish and maintain an Office of Public Defender, it shall prescribe his compen sation. His term of office shall be two years. It shall approve the expenses necessarily incurred by his office in the defense of indigents under this Act. The courts having jurisdiction of felonies or misde meanors in each county shall appoint the public defender. The said public defender shall not be authorized to engage in the representation of those accused of crime, except in his capacity of public defender, within the county for which he serves as such public defender.
(d) The compensation and expenses of a public attorney assigned by the courts or the salary and expenses of an Office of Public Defender or nonprofit legal aid or defender organization reasonably allocable to the defense of an indigent shall constitute a lien against the property of the defendant. Said lien shall be docketed in the office of the clerk of the superior court within three months from the date of dis bursement by the state or county and shall be foreclosed within one year as provided by law. Any funds collected by reason of such lien shall be deposited in the general fund of the county. Any funds collected by reason of such lien shall be deposited in the general fund of the county

WEDNESDAY, JANUARY 17, 1968

351

and 50% of such amount shall be returned to the State Treasury pro vided the State Treasury has made reimbursement to the county for the particular case pursuant to this Act.

(e) The compensation prescribed in Section 3 hereof shall be in lieu of the compensation provided under the Act approved January 5, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 478.)

SECTION 4

Representation of Indigents. Wherein not otherwise provided there in, the courts having jurisdiction of felonies or misdemeanors in their circuits shall provide by rules for the representation of indigents. These courts shall publish and make available to all attorneys practicing in their counties or circuits all rules as may be made by them pursuant to this Section.

SECTION 5

Competence to Defend.

(a) No person may be given the primary responsibility for repre senting an indigent under this Act unless he is licensed to practice law in the state and is otherwise competent to counsel and defend a person who is charged with a crime.

(b) Notwithstanding any other provision in this Act to the contrary, no public attorney other than a public defender, assistant public defender, or attorney employed by a nonprofit legal aid or defender organization shall be assigned under Section 2 (a) (1) hereof or required to represent any indigent defendant under the provisions of this Act in any court of this state more frequently than once in any one week period and no compensation shall be paid under the provisions of this Act to any such attorney assigned in violation of this provision.

SECTION 6

Substitute Public Attorney. If at any stage of the proceedings, including appeal, a public attorney or the indigent whom he represents so requests, the court immediately concerned, in its discretion, may assign a substitute public attorney. A person who is so assigned has the same functions with respect to the indigent as the public attorney for whom he is substituted. If the person so assigned is not in the Office of the Public Defender nor in a legal aid or defender organization serving under this Act, the court shall prescribe his compensation and approve the expenses necessarily incurred by him in the defense of the indigent.

SECTION 7

Personnel and Facilities.
(a) If an Office of Public Defender has been established, the public defender may employ, in the manner and at the compensation

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prescribed by the General Assembly, as many assistant public defenders, clerks, investigators, stenographers, and other persons as the governing authority considers necessary in carrying out his responsibilities under this Act. Assistant public defenders must be licensed to practice law in the state. A person employed under this section serves at the pleasure of the public defender.

(b) If an Office of Public Defender has been established, the gov erning authority of the county shall in its discretion:

(1) provide appropriate facilities ( including office space, furniture, equipment, books, postage, and supplies) necessary for carrying out the public defenders responsibilities under this Act,

(2) grant the public defender an allowance in lieu of these facilities.
SECTION 8
Expenses.
(a) Any expense, including the cost of a transcript of the trial and any preliminary hearing that is necessarily incurred in representing an indigent under this Act is a public charge in the county on behalf of which the service is performed.
(b) The cost of administration of any defense of the indigent system as shall be adopted by any county shall be borne by the county, except the payment of fees and expenses for attorneys for representation of the indigent as herein provided shall be borne by the State of Geor gia. Each county shall make such disbursements as are authorized under this Act, and shall from time to time, as prescribed by the State Treasurer, submit its statement of disbursements to that officer for reimbursement as prescribed herein. The said Treasurer shall prescribe the necessary and appropriate forms and regulations for this purpose. The state shall reimburse the county for each case defended by an attorney for which disbursement is made pursuant to this Act.
(c) If two or more counties jointly establish an Office of Public Defender, the expenses not otherwise allocable among the participating counties under subsection (a) shall be allocated on the basis of popula tion as determined by the most recent United States Decennial Census.
SECTION 9
Records and Reports.
(a) A public attorney shall keep appropriate records representing each indigent whom he represents under this Act.

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353

(b) Each court-assigned public attorney, the public defender, or the legal aid or defender organization, as the case may be, shall submit a report to the governing authority of the county at the close of a case or at the end of the calendar year, if the case is not closed, showing the following information about each case involved: The status of each case, and the expenditures (totalled by kind) made in carrying out the responsibilities imposed by this Act in each case. In the case of a court-assigned public attorney or public defender, a copy of the report shall be submitted to the court by which he was appointed or assigned.

(c) The governing authority of each county shall forthwith for ward copies of all such reports to the Budget Bureau of the state, which shall consolidate such reports and make available a report on the administration of the Act.

SECTION 10

False Oaths. Any person making a false affirmation in regard to the question of indigence under this Act shall be guilty of the offense of false swearing and punished as provided by law.

SECTION 11
Authority for Appropriations. The governing authority of each county shall have authority pursuant to Article VII, Section IV, Para graph I, of the Constitution and shall appropriate such funds as shall be necessary to meet the expenses to be incurred in the administration of this Act.

SECTION 12

Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or uncon stitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act which shall remain in full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitu tional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or ad judged invalid or unconstitutional.
SECTION 13
Time of Taking Effect. Except as otherwise provided herein the provisions of this Act shall take effect at such time as the state makes funds available to finance such program; however, until such time as state funds become available the governing authority of the county may establish one or more of the programs contained in Section 2 for the defense of indigent persons so long as the funds to finance such program are furnished by such county or governing authority of such county.

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SECTION 14

Specific Repealer. An Act providing for the appointment of an attorney or attorneys to represent indigent defendants and criminal cases involving capital felonies and appeals from convictions thereof, approved January 5, 1954 (Ga. Laws 1953, Nov-Dec. Sess., p. 478),
is hereby repealed in its entirety.

SECTION 15

Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendments to the Committee substitute were read and adopted:
Mr. Fleming of the 106th moves to amend the Committee substitute to HB 130 as follows:
By adding a new section to be known as section 10 (A) to read as follows:
"Before any person claiming to be an indigent shall be entitled to an appointed Attorney such person shall be sworn and fully disclose his financial status under oath."
Mr. Howard of the 101st moves to amend the Committee substitute to HB 130 as follows:
By adding the following before the beginning of the sentence in line 4 of subsection (c) of Section 3:
"All of the judges or a majority of them, of"
So that when amended said sentence shall read as follows:
"All of the judges or a majority of them, of the courts having jurisdiction of felonies or misdemeanors in each county shall appoint the public defender."
Mr. Bray of the 43rd District moves to amend Committee Substitute House Bill 130 as follows by striking sub-section (b) of Section 5 in its entirety and inserting the following language in lieu thereof to be designated as Sub-Section (b) of Section 5 "(b) Notwithstanding anyother provision in this Act to the contrary, no public attorney other than a public defender, assistant public defender, or attorney employed by a nonprofit legal aid or defender organization shall be assigned under Section 2 (a) (1) hereof or required to represent any indigent defendant under the provisions of this Act in any court of this state more fre quently than fifty times in any one year period and no compensation

WEDNESDAY, JANUARY 17, 1968

355

shall be paid under the provisions of this Act to any such attorney assigned in violation of this provision."

Mr. Douglas of the 60th moves to amend Substitute HB 130 by strik ing section 2(a) in its entirety and substituting in lieu thereof the follow ing:

Section 2. Appointment of Counsel for Indigent Defendants.

(a) The governing authority of each county or the governing authorities of each county within a judicial circuit may provide for the defense of indigents who are subject to criminal proceedings in each county or judicial circuit by:

(1) arranging with the courts of criminal jurisdiction in the county or judicial circuit to assign attorneys; or,

(2) arranging with a non-profit legal aid in defender organi zations to provide attorneys; or,

(3) establishing and maintaining an office of public defender;

or

(4) adopting a combination of the choices specified by clauses (1) through (3) inclusive.

Nothing contained in sub-paragraph (2), (3) or (4) of this section shall be construed as preventing any judge of any court of criminal jurisdiction, in the exercise of his discretion, from ap pointing an attorney to represent an indigent defendant in a parti cular case pending before such judge, in which event such attorney shall be compensated in the manner prescribed by section 3(a) hereof.

Moved further that said Act be amended by striking section 2(b) in its entirety and inserting in lieu thereof the following:

(b) The governing authorities of one or more counties may arrange with a non-profit legal aid or defender organization to provide attorneys or to establish and maintain a joint office of public defender.
Moved further that said act be amended by striking from Section 3 (a) in the first sentence thereof the words "General Assembly" and inserting in lieu thereof the following: "governing authority of a county * or the governing authorities of each county within a judicial circuit."

Moved further that said act be amended by striking section 2(b) thereof in its entirety and substituting in lieu thereof the following: (b) If the governing authority of each county or the governing autho rities of each county within a judicial circuit elects to arrange with a

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non-profit legal aid or defender organization to provide public attorneys, the governing authority of each county or the governing authorities of each county within a judicial circuit shall pay the reasonable value of such services as" the parties may determine. To the extent feasible, the legal aid and defender organization shall endeavor to supplement such services by procuring the voluntary and uncompensated assistance of members of the Bar.

Moved further that said act be amended by striking section 2(c) in its entirety and substitutiing in lieu thereof the following: (c) If the governing authority of each county or the governing authorities of each county within a judicial circuit elects to establish and maintain an office of public defender, said governing authority or authorities shall prescribe his compensation. His terms of office shall be for a term of two years and shall be appointed by a majority of the Judges of the Courts having jurisdiction of felonies and misdemeanors in the area which he is to serve. The governing authority of the County or the governing authorities in each county of a judicial circuit shall approve the expenses necessarily received by his office in the defense of indigents under this act. The (2) civil public defender shall not be authorized to engage in the representation of those accused of crime, except in his capacity of public defender, within the county or circuit for which he serves as such public defender.

Moved further that said act be further amended by inserting a period after the word county in the last sentence of section 3(d) and deleting the remainder of said sentence.

Moved further that said act be amended by striking Section 5 (a) in its entirety and inserting in lieu thereof the following:

Section 5. Competence to defend - (a) no person may be given the primary responsibility for representing an indigent under this Act unless he is licensed to practice law in the State, has actively practiced law for at least two years and is otherwise competent to counsel and defend a person who is charged with a crime.

Moved further that said act be amended by deleting the period after the word "indigent" in the last sentence of section 6, inserting in lieu thereof a comma and adding "which shall be paid by the governing authority of the county wherein said proceeding is pending."

Moved further that said act be amended by deleting from the first sentence of section 7(a) the following language "in the manner and at the compensation prescribed by the General Assembly" and inserting in lieu thereof the following: "in the manner and at the compensation prescribed by the governing authority or each governing authority within a Judicial Circuit."

Moved further that said act be amended by striking Section 7(b) in its entirety and inserting in lieu thereof the following: (b) If an office of public defender has been established, the governing authority of the county or the governing authority of each county of a Judicial Circuit shall in its or their discretion:

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357

(1) provide appropriate facilities (including office space, furniture, equipment, books, postage, and supplies) necessary for carrying out the public defenders responsibilities under this Act,

(2) grant the public defender an allowance in lieu of these facilities:
Moved further that said Act be amended by inserting a period after the word county in the first sentence of section 8 (b) and striking the remainder of said sub-paragraph.
Moved further that said act be amended by inserting after the word county in the first sentence of Section 9(b) the words "or the gov erning authority of each county within a circuit."
Moved further that said act be amended by striking section 9(c) in its entirety.
Moved further that section 13 be stricken in its entirety and the following be inserted in lieu thereof:
Section 13. Time of taking effect. The provisions of this Act shall become effective on July 1, 1968.

The Committee substitute, as amended, was adopted.

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, by substitute, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Ballard Barber Battle Berry, C. E. Berry, J. K. Bond Branch Brantley, H. H. Bray

Brown, B. D. Brown, C. Buck Caldwell Carnes Gates Chandler Cheeks Clarke Collins, J. P. Colwell

Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Da vis Dean

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Dillon Dixon Dodson Douglas Egan Fallin Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grier Hamilton Hargrett Harrington Harris, J. R. Harris, R. W. Henderson Higginbotham Hill Holder Hood Howard Hutchinson Jenkins Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Knapp Laite

Lambros Land Lane, Dick Lane, W. J. Lee, W. S. Le vitas Lewis Longino Lovell Malone Mason Matthews, C. Matthews, D. R. McClatchey McCracken McDaniell Melton Merritt Miller Moate Moore, Don C. Moore, J. H. Murphy Nash Nessmith Newton Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, H. W. Phillips Ragland

Rainey Reaves Roach Ross Rowland Russell Savage Scarlett Shanahan Shuman Simmons Sims Smith, G. W. Smith, V. T. Smith, W. L. Snow Steis Sweat Thompson, A. W. Thompson, R. Threadgill Town send Turner Tye Underwood Vaughn, C. R. Walling Wamble Ward Ware Westlake Whaley Wiggins Williams Wilson, J. M. Winkles Wood

Those voting in the negative were Messrs.:

Anderson Barfield Bennett Black Blalock Brantley, H. L. Cato Cole Collins, M. Dickinson Dollar Dorminy

Edwards Graves Hadaway Harris, J. F. Harrison Howell Johnson, B. Kaylor Kirksey Lee, W. J. (Bill) Leonard Lowrey

Those not voting were Messrs.:

Bostick Bowen

Busbee DeLong

Mauldin Mixon Parrish Poss Potts Richardson Starnes Sullivan Vaughan, D. N. Wilson, R. W.
Dent Doster

Grahl Gunter Hale Hall Lambert Leggett Magoon

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359

Maxwell Moreland Mullinax Parker, C. A. Peterson Pickard Rush

Sherman Shields Smith, J. R. Stalnaker Tucker Wells Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 144, nays 34.

The Bill, having received the requisite constitutional majority, was passed by substitute, as amended.

The Speaker announced the House recessed until 2:00 o'clock, P. M. AFTERNOON SESSION
The Speaker called the House to order.

Under the general order of business, the following Bills and Resolution of the House were taken up for consideration and read the third time:

HB 65. By Mr. Barber of the 24th:
A Bill to be entitled an Act to amend an Act entitled "An Act to establish a retirement system for aged and incapacitated teachers in the State Public Schools and other State Supported Schools, so as to determiine membership and conditions of membership in said system; and for other purposes.

The following Committee amendment was read and adopted:
The House Education Committee moves to amend House Bill No. 65 as follows:
By inserting in the title before the phrase "to repeal conflicting laws;" the following:
"to provide an effective date;".
By renumbering Section 5 as Section 6 and by adding new Sec tion 5 to read as follows:

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"Section 5. The provisions of this Act shall become effective upon its approval by the Governor or its otherwise becoming law with the exception of Section 4, which shall become effective on July 1, 1969."

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Games Gates Cato Chandler Cheeks Cole Collins, J. F. Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey

Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Dorminy Doster Douglas Edwards Fallin Farmer Farrar Fleming Floyd Gary Gay Grahl Graves Grier Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howard Howell Hutchinson

Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Knapp Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Longino Lovell Lowrey Magoon Malone Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, Don C. Moreland Mullinax Murphy Nessmith

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361

Newton Nimmer Odom Oglesby Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Poss Potts Rainey Reaves Roach Ross Rowland

Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, V. T. Snow Stalnaker Starnes Steis Sullivan Sweat Thompson, A. W.

Thompson, R. Threadgill Turner Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Wells Westlake Wiggins Williams Wilson, J. M.
Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Battle Clarke Dollar Egan Funk Gaynor Gignilliat Hale Hall Kirksey

Laite Lambert Lambros Lewis Mason Moore, J. H. Nash Northcutt Otwell Pickard

Ragland Richardson Smith, J. R. Smith, W. L. Town send Tucker Tye Ware Whaley Mr. Speaker

On the passage of the Bill, as amended, the ayes were 175, nays 0.

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

Messrs. Lewis of the 50th, Smith of the 114th and Laite of the 109th stated that they had been called from the floor of the House when the roll was called on HB 65, as amended, but had they been present would have voted "aye".

HB 401. By Messrs. Harris of the 118th, Busbee of the 79th and Alexander the 133rd:
A Bill to be entitled an Act to provide that persons accused of crime, who have not been previously convicted of a felony or misdemeanor, with their consent, be placed on probation after a finding but before an adjudication of guilt; and for other purposes.

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The following Committee amendment was read and adopted:

The Judiciary Committee moves to amend HB 401 as follows:

By adding at the beginning of Section IV the words "If other wise allowable by law," and by changing the numbering of the Sections from Roman numerals to Arabic numerals.

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Ballard Barber Bennett Berry, C. E. Black Blalock Bond Bostick Bowen Brantley, H. H. Brown, B. D. Brown, C. Buck Busbee Carnes Gates Cato Colwell Cook Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Doster

Edwards Egan Farmer Farrar Fleming Gary Grier Hamilton Hargrett Harris, J. F. Harris, J. R. Harris, R. W. Higginbotham Hill Hood Howard Howell Hutchinson Jenkins Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Knapp Laite Lambros Land Lane, Dick Lee, W. J. (Bill) Le vitas Longino Lowrey Magoon Malone Mason

Matthews, C. Matthews, D. R. Maxwell McClatchey McDaniell Melton Merritt Miller Moate Mullinax Murphy Newton Odom Oglesby Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Poss Potts Rainey Reaves Roach Ross Rowland Rush Savage Scarlett Shanahan Sherman Shields Shuman Simmons

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363

Sims Smith, V. T. Snow Starnes
Steis Thompson, A. W. Thompson, R. Threadgill

Townsend Turner Underwood Vaughan, D. N. Vaughn, C. R. Walling Ward Wells

Westlake Wiggins Williams Wilson, R. W. Winkles Wood

Those voting in the negative were Messrs.

Anderson Branch Brantley, H. L. Cole Dixon Dodson Dorminy Douglas Fallin Gay Grahl

Graves Gunter Harrington Henderson Holder Johnson, B. Kaylor Lane, W. J. Lee, W. S. Leonard Mauldin

McCracken Mixon Moore, Don C. Nash Nessmith Pafford Smith, G. W. Sweat Wilson, J. M.

Those not voting were Messrs.:

Barfield Battle Berry, J. K. Bray Caldwell Chandler Cheeks Clarke Collins, J. F. Collins, M. Conner Dollar Floyd Funk Gaynor Gignilliat

Hadaway Hale Hall Harrington Johnson, A. S. Joiner Kirksey Lambert Leggett Lewis Lovell Moore, J. H. Moreland Nash Nimmer Northcutt

Otwell Phillips Pickard Ragland Richardson Russell Smith, J. R. Smith, W. L. Stalnaker Sullivan Tucker
Tye Wamble Ware Whaley Mr. Speaker

On the passage of the Bill, as amended, the ayes were 127, nays 31.

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

Messrs. Smith of the 114th and Cheeks of the 104th stated that they wished to be recorded as voted "aye" on HB 401, as amended.

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Mr. Berry of the 113th stated that he had been called from the floor of the House when the roll was called on HB 401, as amended, but had he been present would have voted "nay".

HB 871. By Messrs. Brown and Melton of the 34th, Parker of the 55th, Savage of the 58th and Holder of the 70th:
A Bill to be entitled an Act to amend Code Section 32-911, relating to immunization of pupils of public schools, so as to provide for immuni zation of public and private school children as a condition precedent to admission; to make violation a misdemeanor; and for other purposes.

The following amendment was read:
Mr. Hargrett of the 77th moves to amend HB 871 as follows:
By deleting from Section 1 the words "Code Chapter 84-9" and substituting therefor the words "the laws of the State of Georgia," wherever the same shall appear.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Ballard Barfield Bennett Bostick Branch
Brantley, H. L. Bray Carnes Cato Clarke Collins, M. Cooper, B. Cox Crowe, William Davis DeLong Dickinson Dillon Dixon Dollar Edwards Hargrett

Harris, J. F. Henderson Hood Hutchinson Joiner Jordan, G.
Kaylor Kirksey Laite Lambros Lane, Dick Lane, W. J. Lee, W. S. Lewis Lowrey Malone Mason Matthews, D. R. McDaniell Mixon Moate Moore, Don C. Mullinax

Murphy Nessmith Odom Pafford Palmer Parrish
Poss Rowland Simmons Snow Starnes Sullivan Sweat Thompson, A. W. Underwood Vaughan, D. N. Vaughn, C. R. Ward Ware Westlake Wilson, J. M. Wilson, R. W.

WEDNESDAY, JANUARY 17, 1968

365

Those voting in the negative were Messrs.:

Anderson Barber Battle Berry, J. K. Black Blalock Bo wen Brown, C. Buck Cole Cooper, J. R. Crowe, W. J. Dailey Dean Dent Dodson Douglas Farmer Gary Gay Gaynor Gignilliat Grahl

Graves Hadaway Harris, J. R. Harrison Higginbotham Holder Jenkins Johnson, B. Jordan, W. H. Knapp Land Lee, W. J. (Bill) Leggett Leonard Matthews, C. Mauldin Maxwell Melton Merritt Miller Northcutt Paris Parker, C. A.

Peterson Potts Rainey Richardson Roach Ross Rush Russell Savage Sherman Shields Smith, G. W. Smith, W. L. Steis Thompson, R. Threadgill Tye Walling Wamble Wiggins Williams

Those not voting were Messrs.:

Alexander Berry, C. E. Bond Brantley, H. H. Brown, B. D. Busbee Caldwell Gates Chandler Cheeks Collins, J. F. Colwell Conner Cook Daugherty Dorminy Doster Egan Fallin Farrar Fleming Floyd Funk

Grier Gunter Hale Hall Hamilton Harrington Harris, R. W. Hill Howell Johnson, A. S. Jomes, C. M. Jones, M. Lambert Levitas Longino Lovell Magoon McClatchey McCracken Moore, J. H. Moreland Nash Newton

Nimmer Oglesby Otwell Parker, H. W. Phillips Pickard Ragland Reaves Scarlett Shanahan Shuman Sims Smith, J. R. Smith, V. T. Stalnaker Townsend Tucker Turner Wells Whaley Winkles Wood Mr. Speaker

On the adoption of the amendment, the ayes were 69, nays 67.

The amendment was adopted.

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The following amendment was read and adopted:

Mr. Ballard of the 37th moves to amend HB 871 as follows:

By adding after the last word in section 1 the following:

"Provided that immunization may be required in these cases when such disease is in epidemic stages."

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bostick Bowen Branch Bray Brown, C. Buck Busbee Carnes Gates Cato Chandler Cheeks Clarke Cole Collins, M. Colwell Cook Cooper, B. Cooper, J. E. Cox Crowe, William Crowe, W. J. Dailey

Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Doster Douglas Edwards Fallin Fleming Funk Gary Gay Gaynor Gignilliat Grahl Graves Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Holder Hood Howard

Howell Hutchinson Jenkins Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lovell Lowrey Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt

WEDNESDAY, JANUARY 17, 1968

367

Miller Mixon Moate Moore, Don C. Mullinax Murphy Nes smith
Newton Northcutt Odom
Oglesby Otwell Pafford Palmer
Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips

Pickard Potts Rainey Reaves Roach Ross Rush Russell Savage Scarlett Sherman Sims Smith, G. W. Smith, V. T. Snow Stalnaker Starnes Steis Sullivan Thompson, A. W.

Thompson, R. Threadgill Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Wood

Those voting in the negative were Messrs.:

Brantley, H. L. Farmer Lewis

Poss Richardson Rowland

Simmons Smith, W. L.

Those not voting were Messrs.:

Alexander Bond Brantley, H. H. Brown, B. D. Caldwell Collins, J. F. Conner Daugherty Dollar Dorminy Egan Farrar Floyd

Grier Hale Hall Hill Johnson, A. S. Lambert Leggett Longino Magoon Moore, J. H. Moreland Nash Nimmer

Ragland Shanahan
Shields Shuman Smith, J. R.
Sweat Townsend Tucker Turner Winkle Mr. Speaker

On the passage of the Bill, as amended, the ayes were 160, nays 8.

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

Mr. Floyd of the 7th stated that he had been called from the floor of the House when the roll was called on HB 871, as amended, but had he been present would have voted "aye".

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HB 883. By Messrs. Farmer of the 29th, Ragland of the 109th, Russell of the 92nd, Snow of the 1st, Leonard of the 3rd and others:
A Bill to be entitled an Act to amend Code Chapter 79-5, relating to the procedure to be followed by persons desiring to change their name or their children's names, so as to provide the clerk etc. with authority to issue a certificate of the change of name etc; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bowen Branch Brantley, H. L. Bray Brown, C. Busbee Caldwell Carnes Gates Cato Chandler Cole Collins, J. F. Collins, M. Conner Cooper, J. R.
Cox
Crowe, William Dailey Dean DeLong Dent Dickinson

Dillon Dixon
Dodson Dollar Douglas
Edwards Fallin Farmer
Farrar Fleming Floyd Funk
Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Higginbotham Holder Hood
Howard Howell Jenkins Joiner Jones, C. M.

Jones, M. Kaylor Kirksey Knapp Laite Lambros Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Lewis Longino Lbwrey Malone.
Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniel Melton Merritt
Miller Mixon Moate Moore, Don C. Murphy Nessmith Newton Northcutt Odom
Oglesby Otwell

WEDNESDAY, JANUARY 17, 1968

369

Pafford Palmer
Paris Parker, C. A. Parker, H. W. Parrish Peterson Pickard Potts Ragland Rainey Reaves Richardson
Roach Ross Rowland

Rush Russell Scarlett Sherman Shuman Simmons
Sims Smith, G. W. Smith, V. T. Smith, W. L. Stalnaker Starnes Sweat Thompson, A. W. Thompson, R.
Townsend

Turner Tye
Underwood Vaughan, D. N.
Vaughn, C. R. Walling Wamble
Ward Wells Westlake
Whaley Wiggins
Williams Wilson, J. M. Wilson, R. W.

Those voting in the negative were Messrs.

Cooper, B.

Winkles

Wood

Those not voting were Messrs.:

Bostick Brantley, H. H. Brown, B. D. Buck
Cheeks Clarke Colwell Cook
Crowe, W. J. Daugherty Davis Dorminy
Doster Egan
Hale Hall

Harrison
Hill Hutchinson
Johnson, A. S. Johnson, B. Jordan, G. Jordan, W. H. Lambert Land
Lane Levitas
Lovell Magoon Moore, J. H. Moreland Mullinax

Nash Nimmer
Phillips Poss Savage Shanahan Shields Smith, J. R.
Snow Steis Sullivan Threadgill Tucker
Ware Mr. Speaker

On the passage of the Bill, the ayes were 155, nays 3.

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

Messrs. Cheeks of the 104th and Johnson of the 40th stated that they had been called from the floor of the House when the roll was called on HB 883, but had they been present would have voted "aye".

HB 797. By Messrs. Cato of the 89th and Steis of the 100th:
A Bill to be entitled an Act to amend Code Section 8-109 relating to affidavits for attachment, necessity for and before whom the same may

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be made, so as to change the parties before whom an affidavit may be made; and for other purposes.

The following amendment was read and adopted:
Mr. Harris of the 85th moves to amend HB 797 as follows:
By inserting in the 8th line of Section I and after the words "County Court", the words "Judge of the City Court."

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, as amended, the ayes were 111, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.
HR 438-952. By Mr. Murphy of the 26th: A Resolution relative to vendor payments made toward the cost of nursing home care for the blind, disabled and old-age benefit recipients; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 117, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 146. By Mr. Lambros of the 130th: A Bill to be entitled an Act to amend Code Section 30-102, which Section relates to the grounds for the granting of a total divorce, by amending Subsection 11 thereof, relating to an incurable insanity as grounds for divorce; and for other purposes.
The following amendments were read and adopted:
The Committee on Special Judiciary moves to amend HB 146 by deleting the words "out of the seven years" wherever they may appear.

WEDNESDAY, JANUARY 17, 1968

371

Mr. Lambros of the 130th moves to amend HB 146 as follows:

By deleting so much of same referring to grounds of incompatibility wherever the same appears.

Mr. Lambros of the 130th moves to amend HB 146 as follows:

By deleting "of the seven years" where it appears.

Mr. Murphy of the 26th moves to amend HB 146 as follows:

By adding at the end of Sub-Section 11 of Section 1 the following:

"Provided that a divorce granted a man on the grounds on in curable insanity shall not terminate the husband's responsibility to support said insane person, nor shall it eliminate his legal duty to bear the cost of the funeral expense of said insane person upon her death,".

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, as amended, the ayes were 94, nays 18.

The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Lambros of the 130th served notice that at the proper time he would ask the House to reconsider its action in failing to give HB 146 the requisite con stitutional majority.
Under the general order of business, the following Bill of the House was again taken up for consideration:
HB 367. By Mr. Howard of the 101st: A Bill to be entitled an Act to authorize the judge or judges of the superior courts of each county to appoint the clerk of the superior court or his assistant as jury clerk; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

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JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Ballard Barber Battle Berry, J. K. Blalock Branch Bray Brown, C. Buck Busbee Cheeks Cooper, B. Cooper, J. E. Crowe, William DeLong Dent Dodson Douglas Fallin Fleming Funk Gary Gay

Gignilliat Grahl Gunter Hadaway
Henderson Holder
Howard Jenkins Jones, C. M.
Jones, M. Lee, W. J. (Bill) Lee, W. S.
Leggett Lowrey Mauldin Maxwell McCracken
McDaniell Melton
Merritt Northcutt Palmer Paris

Those voting in the negative were Messrs.:

Adams Anderson Barfield Bennett Black Bostick Bowen Brantley, H. L. Caldwell Carnes Cato Chandler Cole Collins, M. Dailey Davis
Dickinson Dillon Dixon Dollar Edwards Farmer
Floyd
Gaynor

Graves Harrington Harris, J. F. Harris, R. W. Harrison Higginbotham Hood Johnson, B.
Joiner Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambros Lane, Dick
Lane, W. J. Lewis Mason Miller Mixon Moore, Don C. Murphy

Those not voting were Messrs.:

Alexander Berry, C. E.

Bond Brantley, H. H.

Potts Richardson Ross Russell Scarlett Sherman Smith, G. W. Smith, W. L. Snow Starnes Steis Threadgill Underwood Walling Wamble Ward Wells Whaley Wiggins Williams Wilson, J. M.
Nessmith Newton Odom Oglesby Otwell Parker, C. A. Parker, H. W. Parrish Pickard Poss Rainey Roach Rowland Rush Simmons Sweat Thompson, A. W. Thompson, R. Tye Vaughan, D. N. Westlake Wilson, R. W.
Brown, B. D. Gates

WEDNESDAY, JANUARY 17, 1968

373

Clarke Collins, J. P. Colwell Conner Cook Cox Crowe, W. J. Daugherty Dean Dorminy Doster Egan Farrar Grier Hale Hall Hamilton Hargrett Harris, J. R. Hill
Howell

Hutchinson Johnson, A. S. Lambert Land Leonard Levitas Longino Lovell Magoon Malone Matthews, C. Matthews, D. R. McClatchey Moate Moore, J. H. Moreland Mullinax Nash Nimmer Pafford
Peterson

Phillips Ragland Reaves Savage Shanahan Shields Shuman Sims Smith, J. R. Smith, V. T. Stalnaker Sullivan Townsend Tucker Turner Vaughn, C. R. Ware Winkles Wood Mr. Speaker

On the passage of the Bill, the ayes were 67, nays 70.

The Bill, having failed to receive the requisite constitutional majority, was lost.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:

The Senate has appointed a Committee of Conference on the following Bill of the House, to-wit:
HB 404. By Messrs. Mason and Nash of the 22nd: A Bill to repeal an Act creating a Board of County Commissioners, so as to create a new Board of Commissioners of Roads and Revenues of Gwinnett County; and for other purposes.
The President appointed on the part of the Senate, Senators Minish of the 48th, London of the 50th, and Lee of the 47th.
Mr. Busbee of the 79th moved that the House do now adjourn until 10:30 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:30 o'clock, tomorrow morning.

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, January 18, 1968

The House met pursuant to adjournment at 10:30 o'clock, A.M., this day and was called to order by the Speaker.

Prayer was offered by Rev. Sterling Bargeron, Pastor, First Baptist Church, Reidsville, Georgia.

Mr. Black of the 56th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:

1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

HR 480-1037. By Mr. Parker of the 68th:
A Resolution compensating Mrs. Eura Mae Pope; and for other pur poses.
Referred to the Committee on Appropriations.

THURSDAY, JANUARY 18, 1968

375

HR 481-1037. By Mr. Johnson of the 40th: A Resolution compensating R. M. McGahee; and for other purposes.
Referred to the Committee on Appropriations.

HR 482-1037. By Mr. Parker of the 68th: A Resolution compensating Mr. A. H. Grant; and for other purposes.
Referred to the Committee on Appropriations.

HR 483-1037. By Mr. Parker of the 68th:
A Resolution compensating Mrs. J. E. Perguson; and for other pur poses.
Referred to the Committee on Appropriations.

HR 484-1037. By Mr. Rush of the 75th:
A Resolution proposing an amendment to the Constitution, so as to create the Tattnall County Industrial Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HE 1038. By Messrs. Grier of the 132nd and Hood of the 124th:
A Bill to be entitled an Act to provide that it shall be unlawful to burn any cross on public or private property; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1039. By Mr. Malone of the 117th:
A Bill to be entitled an Act to provide that persons, firms, partnerships, corporations or business associations shall have a lien upon certain appliances for the cost of the repairs to such appliances; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1040. By Messrs. Pickard, Jones and Buck of the 112th, Thompson and Shields of the lllth, Berry and Thompson of the 110th:
A Bill to be entitled an Act to amend Code Section 92-6402, relating to taxes payable in counties in which returns are made, so as to provide that in counties having a population of not less than 150,000 and not more than 179,999, a penalty of 10% of the tax shall accrue on taxes not paid on or before December 20 of each year and interest shall

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accrue at the rate of 7% per annum on the amount of unpaid taxes and penalty until both taxes and penalty are paid; and for other pur poses.
Referred to the Committee on Local Affairs.

HB 1041. By Messrs. Turner of the 123rd, Matthews of the 29th, Brown of the 34th, Snow of the 1st, Sullivan of the 95th and others:
A Bill to be entitled an Act to authorize and empower the governing authority of the several municipalities of this State to prescribe, im pose, levy and collect an excise tax on places of amusement, sports or entertaining and to prescribe, impose, levy and collect an excise tax on the sales price of tickets, fees or charges made for the admission to places of amusement, sports or entertainment and certain other places; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1042. By Messrs. Harris of the 85th and Harris of the 118th:
A Bill to be entitled an Act to provide for testamentary additions to trusts, to set forth the conditions under which bequests or devises to trusts shall be valid and the manner in which the property so devised or bequeathed shall be administered; and for other purposes.
Referred to the Committee on Judiciary.
HB 1043. By Messrs. Harris of the 85th and Harris of the 118th:
A Bill to be entitled an Act to amend Code Section 113-821, so as to provide a residuary bequest or devise to a surviving widow in lieu of dower or year's support or both, shall be subject to debts, taxes, ex penses of administration and similar charges as if the bequest or devise were not in lieu of dower or year's support or both; and for other purposes.
Referred to the Committee on Judiciary.

HB 1044. By Mr. Harris of the 85th:
A Bill to be entitled an Act to amend an Act comprehensively revising appellate and other post-trial procedure, so as to redefine what judg ments shall be subject to review; and for other purposes.
Referred to the Committee on Judiciary.

HB 1045. By Mr. Bostick of the 93rd:
A Bill to be entitled an Act to amend an Act repealing the charter of the City of Tifton and providing a new charter for said city, so as to change certain provisions relating to the police court; and for other purposes.
Referred to the Committee on Local Affairs.

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HB 1046. By Mr. Bostick of the 93rd:
A Bill to be entitled an Act to amend an Act repealing the charter of the City of Tifton and providing a new charter for said city, so as to provide that city commissioners may reside anywhere within the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1047. By Mr. Bostick of the 93rd:
A Bill to be entitled an Act to amend an Act repealing the charter of the City of Tifton and providing a new charter for said city, so as to change the compensation of the chairman and the members of the city commission; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1048. By Messrs. Ware of the 42nd, Dean of the 20th, Gignilliat of the 113th, Gay of the 60th, Russell of the 92nd, Wood of the 16th and Steis of the 100th:
A Bill to be entitled an Act to amend an Act relating to seniority and retirement rights of veterans of World War II, so as to exclude all dishonorably discharged veterans from certain seniority and retire ment rights; and for other purposes.
Referred to the Committee on Defense and Veterans Affairs.

HB 1049. By Messrs. Ware of the 42nd, Dean of the 20th, Gignilliat of the 113th, Gay of the 60th, Russell of the 92nd, Wood of the 16th and Steis of the 100th:
A Bill to be entitled an Act to amend an Act establishing the Georgia State War Veterans' Home, so as to redefine the term "war veterans"; and for other purposes.
Referred to the Committee on Defense and Veterans Affairs.

HB 1050. By Messrs. Lane of the 54th, Paris of the 23rd, Parker of the 55th, Ward of the 2nd and Caldwell of the 51st:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to provide for an exception relative to employment with any State department or agency after retirement; and for other purposes.
Referred to the Committee on State of Republic.
HR 485-1050. By Mr. Jordan of the 78th:
A Resolution proposing an amendment to the Constitution, so as to create the Calhoun County Development Authority; and for other pur poses.
Referred to the Committee on Local Affairs.

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HR 486-1050. By Messrs. Blalock and Potts of the 33rd:
A Resolution proposing an amendment to Article VII, Section VII, Paragraph I of the Constitution, so as to authorize Coweta County to incur an additional indebtedness for water and sewerage purposes; and for other purposes.
Referred to the Committee on Local Affairs.

HR 487-1050. By Messrs. Pickard, Jones and Buck of the 112th, Thompson and Shields of the lllth, Berry and Thompson of the 110th:
A Resolution proposing an amendment to the Constitution, so as to provide for the creation of the Muscogee County Airport Commission as a constitutional commission; and for other purposes.
Referred to the Committee on Local Affairs.

HR 488-1050. By Messrs. Pickard, Jones and Buck of the 112th, Thompson and Shields of the lllth, Berry and Thompson of the 110th:
A Resolution proposing an amendment to the Constitution, so as to authorize the Board of Commissioners of Roads and Revenues of Mus cogee County to provide systems of garbage disposal; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1051. By Messrs. McCracken of the 49th, Mixon of the 81st, Maxwell of the 106th, Lambert of the 38th and Underwood of the 61st:
A Bill to be entitled an Act to amend Title 34 of the Code of Georgia, relating to elections, so as to provide for additional deputy registrars; to provide that certain tax commissioners or tax collectors shall be a deputy to certain boards of registrars; and for other purposes.
Referred to the Committee on State of Republic.

HB 1052. By Messrs. McCracken of the 49th, Mixon of the 81st, Wiggins of the 32nd, Lambert of the 38th and Underwood of the 61st:
A Bill to be entitled an Act to amend Code Chapter 34-13, relating to the conduct of primaries and elections, so as to prescribe additional methods whereby electors may cast their vote; and for other purposes.
Referred to the Committee on State of Republic.
HB 1053. By Messrs. McCracken of the 49th, Mixon of the 81st, Wiggins of the 32nd, Lambert of the 38th and Underwood of the 61st:
A Bill to be entitled an Act to amend Code Title 34, relating to elections, so as to change the provisions therein relating to the procedure for voting for presidential electors; and for other purposes.
Referred to the Committee on State of Republic.

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HB 1054. By Messrs. McCracken of the 49th, Mixon of the 81st, Wiggins of the 32nd, Maxwell of the 106th, Lambert of the 38th and Underwood of the 61st:
A Bill to be entitled an Act to amend Code Section 34-1001, relating to the filing of a notice of candidacy, so as to require candidates who are the nominees of a political party by virtue of the convention method of nomination, except substitute candidates nominated by the convention method, to file their notice of candidacy at least 60 days prior to the general election; and for other purposes.
Referred to the Committee on State of Republic.

HB 1055. By Messrs. McCracken of the 39th, Wiggins of the 32nd, Maxwell of the 106th, Lambert of the 38th and Underwood of the 61st:
A Bill to be entitled an Act to amend Code Chapter 34-7, relating to election districts and polling places, so as to provide that no election district shall contain more than 2,000 electors if at the last general election all persons desiring to do so had not contemplated voting one hour following the closing of the poll; and for other purposes.
Referred to the Committee on State of Republic.

HB 1056. By Messrs. McCracken of the 49th, Mixon of the 81st, Maxwell of the 106th, Lambert of the 38th and Underwood of the 61st:
A Bill to be entitled an Act to amend Code Section 34-1218, relating to the number of votes recorders required to be provided for each election district, so as to provide that at least one vote recorder for each 300 electors or fraction thereof shall be provided by the governing authority in each election district in which vote recorders are used; and for other purposes.
Referred to the Committee on State of Republic.

HB 1057. By Messrs. McCracken of the 49th, Wiggins of the 32nd, Maxwell of the 106th, Lambert of the 38th and Underwood of the 61st:
A Bill to be entitled an Act to amend Code Section 34-202, relating to the duties of the State Election Board, so as to change the duties of the State Election Board and authorize them to exercise additional powers as they relate to primaries and elections; and for other pur poses.
Referred to the Committee on State of Republic.

HB 1058. By Messrs. McCracken of the 49th, Wiggins of the 32nd, Maxwell of the 106th, Lambert of the 38th and Underwood of the 61st:
A Bill to be entitled an Act to amend Code Section 34-205, relating to the compensation of the members of the State Election Board, so as to change their compensation; and for other purposes.
Referred to the Committee on State of Republic.

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HB 1059. By Messrs. Dorminy of the 72nd, Wells of the 30th and Lowrey of the 13th:
A Bill to be entitled an Act to amend an Act providing for the classi fication of motor vehicles as a separate and distinct class of tangible property for ad valorem taxation purposes, so as to provide that the taxes due on certain motor vehicles owned by a dealer shall not be due until December 20 of each taxable year; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1060. By Messrs. Bennett, Barfield and Sullivan of the 95th:
A Bill to be entitled an Act to amend an Act creating the City Court of Valdosta (now the City Court of Lowndes County), so as to provide for the election of the judge and solicitor of said court; and for other purposes.
Referred to the Committee on Local Affairs.

HR 489-1060. By Messrs. McCracken of the 49th, Mixon of the 81st, Wiggins of the 32nd, Maxwell of the 106th, Lambert of the 38th and Underwood of the 61st:
A Resolution proposing an amendment to the Constitution, so as to provide that the Lieutenant Governor-Elect shall succeed to the Gov ernorship in the event of the death of the Governor-Elect; and for other purposes.
Referred to the Committee on State of Republic.

HR 490-1060. By Messrs. McCracken of the 49th, Mixon of the 81st, Wiggins of the 32nd, Maxwell of the 106th, Lambert of the 38th and Underwood of the 61st:
A Resolution creating an Election Laws Study Committee; and for other purposes.
Referred to the Committee on State of Republic.

HB 1061. By Messrs. Wood of the 16th and Vaughn of the 117th:
A Bill to be entitled an Act to provide that the State Highway Department shall have the power to grant permits to Utilities to use or occupy portions of roads or streets on the State Highway System and on other roads and streets in which the Department holds title to the right-of-way; and for other purposes.
Referred to the Committee on Highways.

HB 1062. By Messrs. Matthews of the 29th, Barber of the 24th, Farmer of the 29th, Moore of the 20th and Lane of the 64th:
A Bill to be entitled an Act to amend an Act creating a professional practices commission and declaring teaching a profession with all the

THURSDAY, JANUARY 18, 1968

381

rights, responsibilities and privileges accorded legally recognized pro fessions, so as to remove the provisions relating to the Board of Regents and the University System of Georgia; and for other purposes.
Referred to the Committee on University System of Georgia.

HB 1063. By Messrs. Smith and Cole of the 3rd, Crowe of the 1st, Grier of the 132nd, Johnson of the 25th and Lambros of the 130th:
A Bill to be entitled an Act to create the Georgia Interdepartmental Council on the Handicapped; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HR 491-1063. By Messrs. Threadgill and Wiggins of the 32nd:
A Resolution proposing an amendment to the Constitution, so as to provide for the homestead exemption from ad valorem taxes levied by municipalities; and for other purposes.
Referred to the Committee on Ways and Means.

HR 492-1063. By Messrs. Chandler and Harrington of the 47th:
A Resolution authorizing the conveyance of certain real property located in Baldwin County to the Baldwin County Board of Education; and for other purposes.
Referred to the Committee on State Institutions & Property.

HR 493-1063. By Mr. Vaughn of the 117th:
A Resolution authorizing the conveyance of certain real property in Fulton County in exchange for slope easements and certain other real property located in Pulton County; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 1064. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Bill to be entitled an Act creating the Georgia State Scholarship Commission, so as to authorize the Commission to conduct public rela tions and public information programs; and for other purposes.
Referred to the Committee on University System of Georgia.

HB 1065. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Bill to be entitled an Act to create the Georgia Higher Education Assistance Committee; and for other purposes.
Referred to the Committee on University System of Georgia.

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HB 1066. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 65th and Caldwell of the 51st:
A Bill to be entitled an Act to amend an Act creating the Georgia Higher Education Assistance Corporation, so as to make certain changes within the program of guaranteed student loans, so as to comply with the federal requirements relating to guaranteed student loans: and for other purposes.
Referred to the Committee on University System of Georgia.

HB 1067. By Messrs. Adams of the 125th, Winkles of the 120th, Grier of the 132nd, Egan of the 141st, Hood of the 124th and others:
A Bill to be entitled an Act to provide that in all counties of this State having- a population of 500,000 or more, the salary of the Clerk of the Superior Court shall be fixed by the County Commission, or other governing authorities of such counties, when the budget is adopted for the current year in such county, and shall be payable in equal monthly installments throughout said year; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1068. By Mr. Smith of the 3rd:
A Bill to be entitled an Act to amend an Act known as the "Georgia Post Mortem Examination Act", so as to change the fees to be paid to the medical examiner for performing dissection of the body, partial post mortem examination and autopsy, and complete post mortem ex amination and autopsy; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 1069. By Messrs. Smith and Leonard of the 3rd, Johnson of the 40th and Anderson of the 71st:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to provide that the State Crime Laboratory or other laboratories designated by the Director of the State Crime Laboratory shall be official laboratories for making blood and urine tests; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 1070. By Messrs. Jones, Buck and Pickard of the 112th, Thompson and Shields of the lllth, and Thompson and Berry of the 110th:
A Bill to be entitled an Act to amend an Act relating to the Municipal Court of Columbus, to add a new Section to provide for the dismissal of suits for lack of prosecution, to increase the costs in dispossessory warrant cases where it is necessary to remove the tenant together with his property; and for other purposes.
Referred to the Committee on Local Affairs.

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383

HB 1071. By Messrs. Starnes, Lowrey and Graves of the 13th, Jones and Buck of the 112th and Thompson of the lllth:
A Bill to be entitled an Act to amend the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to exempt from the tax imposed by said Act all sales by municipalities and counties arising out of their operation of any public transit facility and sales by public transit au thorities or charges by such municipalities, counties or authorities for the transportation of passengers upon their conveyances; and for other purposes.
Referred to the Committee on Ways and Means.

HR 494-1071. By Messrs. Westlake of the 119th, Brown of the 34th, Matthews of the 29th, Lane of the 64th, Odom of the 79th and Ballard of the 37th:
A Resolution to amend a Resolution relating to the Athletic Associations of the University of Georgia and the Georgia School of Technology, so as to include within the provisions the Athletic Associations of all branches of the University System of Georgia; and for other purposes.
Referred to the Committee on University System of Georgia.

HR 495-1071. By Mr. Leggett of the 21st, Mrs. Merritt of the 68th, Messrs. Wilson and Henderson of the 102nd and McDaniell of the 101st:
A Resolution directing the Chairman of the State Properties Control Commission to withhold execution of the lease of the Western and Atl antic Railroad to the Louisville and Nashville Railroad until the "Gen eral" has been returned to Georgia; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 1072. By Messrs. Smith of the 54th, Williams of the 16th and Pickard of the 112th:
A Bill to be entitled an Act to amend Georgia Code Section 68-633 in order to provide that motor common carriers engaged in interstate com merce in this State shall registered with the Georgia Public Service Commission; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1073. By Messrs. Smith of the 54th, Williams of the 16th and Pickard of the 112th:
A Bill to be entitled an Act to amend Georgia Code Section 68-525(a), in order to provide that motor carriers engaged in interstate commerce in this State shall register with the Georgia Public Service Commission; and for other purposes.
Referred to the Committee on Motor Vehicles.

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HB 1074. By Messrs. Dollar and Cato of the 89th, Cox of the 127th, Jordan of the 78th, Howell of the 86th, Vaughn of the 117th and others:
A Bill to be entitled an Act to amend an Act creating the office of Georgia Safety Fire Commissioner, so as to change the classification of anhydrous ammonia from the category of a highly flammable substance to the proper classification of hazardous substance; and for other pur poses.
Referred to the Committee on Insurance.

HB 1075. By Messrs. Jones of the 112th, DeLong of the 105th, Brantley of the 139th, Daugherty of the 134th and Oglesby of the 92nd: A Bill to be entitled an Act to prohibit the sale of casualty insurance which protects only the creditor's interest in the property which secures the credit transaction except under certain conditions; and for other purposes.
Referred to the Committee on Insurance.
HB 1076. By Messrs. Jones of the 112th, DeLong of the 105th, Brantley of the 139th, Daugherty of the 134th and Oglesby of the 92nd: A Bill to be entitled an Act to amend Code Section 56-3304, so as to pro hibit the sale of credit life insurance on any installment loan less than a certain amount; and for other purposes.
Referred to the Committee on Insurance.
HB 1077. By Messrs. Jones of the 112th, DeLong of the 105th, Brantley of the 139th, Daugherty of the 134th and Oglesby of the 92nd:
A Bill to be entitled an Act to amend an Act regulating charges and interest on loans secured by secondary security deeds on certain residenial property subject to a prior lien or security deed, so as to clarify the provisions relating to secondary security instruments; and for other purposes. Referred to the Committee on Judiciary.
HB 1078. By Messrs. Jones of the 112th, DeLong of the 105th, Brantley of the 139th, Daugherty of the 134th and Oglesby of the 92nd: A Bill to be entitled an Act to amend an Act known as "The Retail In stallment and Home Solicitation Sales Act", so as to redefine certain terms; to clarify the construction of the Act; and for other purposes.
Referred to the Committee on Insurance.
HB 1079. By Mr. Daugherty of the 134th: A Bill to be entitled an Act to prohibit discrimination because of political or religious affiliations or because of race, color or national origin in

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385

the hiring, promotion, demotion, or discharging of any employee or ap plicant for employment in any position in the State government; and for other purposes.
Referred to the Committee on State of Republic.

HB 1080. By Messrs. Ware of the 42nd, Dean of the 20th, Berry of the 110th, Steis of the 100th, Gay of the 60th and others:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety and providing for the issuance, revocation, cancellation, and suspension of drivers' licenses, so as to change the requirements for certain honorary drivers' licenses; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.

HB 1081. By Messrs. Ware of the 42nd, Dean of the 20th, Berry of the 110th, Steis of the 100th, Gay of the 60th and others:
A Bill to be entitled an Act to prohibit clerks of the superior courts from charging veterans of certain wars a fee for recording their discharge certificates, so as to prohibit the clerks of the superior courts from charging any veteran a fee for recording his discharge certificate; and for other purposes.
Referred to the Committee on Judiciary.

HB 1082. By Mr. Harrison of the 98th:
A Bill to be entitled an Act to amend an Act abolishing the office of county treasurer for the County of Charlton, so as to authorize the governing authority to designate, by resolution, banking institutions located in Charlton County and legally qualified as a state depository under the laws of Georgia, as a depository for the public funds for Charlton County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1083. By Mr. Harrison of the 98th:
A Bill to be entitled an Act to amend an Act changing the compensation of the sheriff and the ordinary of Charlton County from a fee system to a salary system, so as to authorize the governing authority to fix the salaries of the deputies employed by the sheriff; and for other pur poses.
Referred to the Committee on Local Affairs.

HB 1084. By Mr. Harrison of the 98th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Charlton County on an annual salary in lieu of the

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fee basis of compensation, so as to authorize the governing authority to appoint, employ and fix the compensation and terms of deputies, clerks, assistants and other personnel in the office of the clerk of the superior court; and for other purposes.
Referred to the Committee on Local Affairs.

HR 496-1084. By Mr. Harrison of the 98th:
A Resolution proposing an amendment to the Constitution so as to create the Camden County Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HR 497-1084. By Mr. Harrison of the 98th:
A Resolution to repeal a resolution relating to the Camden County Development Authority, found in 1967 Ga. Laws, p. 922; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1085. By Mr. Henderson of the 102nd:
A Bill to be entitled an Act to amend an Act providing for family planning services, so as to authorize agencies authorized to provide family planning services to provide such services to any persons; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

By unanimous consent, the following Bills and Resolutions of the House were read the second time:

HB 1002. By Mr. Jordan of the 78th:
A Bill to be entitled an Act to amend an Act granting a new charter for the City of Leary, so as to change the term of office of the mayor and councilmen; and for other purposes.

HR 453-1002. By Mr. Jordan of the 78th:
A Resolution proposing an amendment to the Constitution, so as to create the Clay County Development Authority; and for other purposes.

HB 1003. By Mr. Caldwell of the 51st:
A Bill to be entitled an Act to change the number of the members of the Thomaston-Upson County Office Building Authority; and for other purposes.

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387

HB 1004. By Mr. Caldwell of the 51st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomaston, so as to provide that the Mayor and Council of said city are authorized to provide by ordinance for the levy of ad valorem taxes on all taxable property for the ordinary current expenses of said city such tax as they may deem necessary and proper; and for other purposes.

HB 1005. By Mr. Caldwell of the 51st:
A Bill to be entitled an Act incorporating the Village of East Thomaston, so as to abolish the Charter of the Village of East Thomaston; and for other purposes.

HB 1006. By Mr. Caldwell of the 51st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomaston, so as to change and extend the present corporate limits of said city; and for other purposes.

HB 1007. By Mr. Caldwell of the 51st:
A Bill to be entitled an Act to consolidate and combine the Board of Tax Assessors of the City of Thomaston and the County of Upson; and for other purposes.

HB 1008. By Messrs. Ware of the 2nd, Crowe of the 1st, Parker of the 55th, Peterson of the 59th, Lovell of the 6th and Wood of the 16th:
A Bill to be entitled an Act to amend an Act establishing the Georgia Legislative Retirement System, so as to provide for the transfer of creditable service from the Employees' Retirement System to the Geor gia Legislative Retirement System; and for other purposes.

HB 1009. By Messrs. Wilson and Knapp of the 109th and Clarke of the 45th:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to provide for reexamination after the second or subsequent moving violation conviction; and for other purposes.

HB 1010. By Messrs. Busbee of the 79th and Gates of the 123rd:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide revenue and a source of revenue for the purpose of paying pensions to the firemen of the State of Georgia, so as to provide that regular employees of the Georgia Fireman's Pension Fund who work at least 20 hours per week shall be eligible for membership in the fund; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 1011. By Messrs. Matthews of the 94th and Fallin of the 94th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Doerun, so as to establish a Recorder's Court and to provide for a Recorder to preside therein; and for other purposes.

HB 1012. By Mr. Smith of the 54th:
A Bill to be entitled an Act to amend an Act establishing the Georgia Legislative Retirement System, so as to provide a new definition for "Prior Service"; and for other purposes.

HB 1013. By Messrs. Blalock and Potts of the 33rd:
A Bill to be entitled an Act to amend an Act placing the sheriff of Heard County on a salary basis in lieu of the fee basis, so as to pro vide an additional deputy; and for other purposes.

HR 454-1013. By Mr. Harris of the 14th: A Resolution to compensate W. B. Hamby; and for other purposes.

HR 455-1013. By Mr. Rush of the 75th:
A Resolution to create the Shad Fish Study Committee; and for other purposes.

HR 456-1013. By Mr. Winkles of the 120th:
A Resolution to compensate Phoenix Air Conditioning, Inc.; and for other purposes.

HR 457-1013. By Mr. Fallin of the 94th: A Resolution to compensate Mr. Wallace Thomas; and for other purposes.
HR 458-1013. By Messrs. Cheeks and Dent of the 104th, DeLong and Sherman of the 105th, Maxwell and Fleming of the 106th: A Resolution proposing an amendment to the Constitution, so as to authorize Richmond County and the City of Augusta to levy certain taxes; and for other purposes.
HR 459-1013. By Mr. Caldwell of the 51st: A Resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to consolidate and combine the Board

THURSDAY, JANUARY 18, 1968

389

of Tax Assessors of real and personal property of the City of Thomaston and the County of Upson; and for other purposes.

HB 1014. By Messrs. Fleming and Maxwell of the 106th, Sherman and DeLong of the 105th, Dent and Cheek of the 104th:
A Bill to be entitled an Act to amend the charter of the City of Augusta, so as to provide that the rules of the police department shall designate the title of chief of detectives as captain of detectives and that said rules shall establish the grades of corporal of detective; and for other purposes.

HB 1015. By Messrs. Caldwell of the 51st and McCracken of the 49th:
A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System of Georgia, so as to allow the inclusion of interest when computing retirement allowances; and for other purposes.

HB 1016. By Messrs. Caldwell of the 51st and McCracken of the 49th:
A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System of Georgia, so as to correct a typographical error, relating to retirement on a disability allowance; and for other purposes.

HB 1017. By Messrs. Williams, Cooper and Wood of the 16th:
A Bill to be entitled an Act to amend an Act creating the Peace Of ficers' Annuity and Benefit Fund, so as to provide that any peace officer after having been a member of said retirement fund for 10 years shall not be dropped therefrom for any reason; and for other purposes.

HB 1018. By Messrs. Fleming and Maxwell of the 106th, Sherman and DeLong of the 105th, Dent and Cheek of the 104th:
A Bill to be entitled an Act to declare abandoned Alien Park in the City of Augusta; to authorize the sale thereof by the City Council; and for other purposes.

HB 1019. By Messrs. Doster of the 73rd, Dorminy of the 72nd, Bowen and Rainey of the 69th:
A Bill to be entitled an Act to amend an Act placing the SolicitorGeneral of the Cordele Judicial Circuit upon an annual salary, so as to change the salary of the Solicitor-General; and for other purposes.

HB 1020. By Mr. Steis of the 100th:
A Bill to be entitled an Act to amend an Act establishing an Employees' Retirement System of Georgia, so as to provide that the phrase "in-

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voluntary separation without prejudice" shall include in its definition the failure in an election of an elective official; and for other purposes.

HR 475-1020. By Mr. Black of the 56th:
A Resolution proposing an amendment to the Constitution, so as to create the Chattahoochee County Industrial Development Authority; and for other purposes.

HR 476-1020. By Mr. Black of the 56th:
A Resolution proposing an amendment to the Constitution, so as to create the Stewart County Industrial Development Authority; and for other purposes.

HB 1021. By Messrs. Smith of the 54th and Jones of the 76th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to provide that the Board is authorized to make certain post-retirement benefit changes; and for other purposes.

HB 1022. By Messrs. Graves, Starnes and Lowrey of the 13th, Moore and Dean of the 20th and Levitas of the 118th:
A Bill to be entitled an Act to authorize wrecking companies to dispose of motor vehicles worth $300 or less, the owner of which is unknown, after having custody for 6 months; and for other purposes.

HB 1023. By Messrs. Wiggins and Threadgill of the 32nd, Underwood of the 61st and McCracken of the 49th:
A Bill to be entitled an Act to amend Code Chapter 34-10, so as to provide that all petitions for the nominations of candidates shall be filed with the Ordinary of that county within which the petition was circulated and signatures compiled; and for other purposes.

HB 1024. By Messrs. Lowrey of the 13th, Farrar of the 118th, Matthews of the 35th, Levitas of the 118th, Simmons of the 9th and others:
A Bill to be entitled an Act to require the licensing of Clinical Labora tory Personnel; and for other purposes.

HB 1025. By Mr. Steis of the 100th:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System of Georgia, so as to clarify prior service credit provisions as to time spent in the Armed Forces during war or national emergency; and for other purposes.

THURSDAY, JANUARY 18, 1968

391

HB 1026. By Messrs. Lowrey of the 13th, Farrar and Levitas of the 118th, Matthews of the 35th, Simmons of the 9th and Roach of the 15th:
A Bill to be entitled an Act to require the licensing of Clinical Labora tories, Blood Banks, Tissue Banks and Laboratory Schools; and for other purposes.

HB 1027. By Messrs. Adams of the 125th, Turner and Gates of the 123rd, Brantley of the 139th, Games of the 129th and others:
A Bill to be entitled an Act to amend an Act known as the "Retailers' and Consumers' Sales and Use Tax Act", so as to remove the restriction of counties and municipal corporations in this State having a popula tion of more than 300,000 from charging a tax on amusement admis sions, rooms, lodgings or accommodations; and for other purposes.

HB 1028. By Messrs. Adams of the 125th, Turner of the 123rd, Winkles of the 120th, Adams of the 128th, Cox of the 127th and others:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta, so as to provide that the mayor and board of aldermen are authorized to prescribe, impose, levy and collect an excise tax not to exceed 2% on the rental or charges for any rooms, lodgings or accommodations rented to transients by any hotel, inn, motel, tourist camp, tourist cabin, or any other place in which rooms, lodgings or accommodations are regularly rented to transients for a consideration, in which hotel services are provided, in the city; and for other purposes.

HB 1029. By Messrs. Adams of the 125th, Turner of the 123rd, Winkles of the 120th, Cox of the 127th, Brantley of the 139th and others:
A Bill to be entitled an Act to authorize and empower the governing authorities of counties of this State, exceeding 400,000 in population, to impose, levy and collect an excise tax on the sales price of tickets, fees or charges made for any furnished room, rooms, lodgings or accommodations rented to transients; and for other purposes.

HR 478-1029. By Mr. Poss of the 17th: A Resolution to compensate Mr. Clyde N. Fitzpatrick; and for other purposes.
HR 479-1029. By Messrs. Busbee of the 79th, Walling of the 118th, Bostick of the 93rd, Grahl of the 52nd and Mrs. Hamilton of the 137th: A Resolution adopting the "Report of the Teacher Certification Poli cies Study Committee"; and for other purposes.
HB 1030. By Messrs. Dickinson of the 27th, Ballard of the 37th, Collins of the 62nd, Games of the 129th, Walling of the 118th and others: A Bill to be entitled an Act to amend Code Section 109A-2-318, relating to third party beneficiaries of express or implied warranties of goods,

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so as to provide that lack of privity between the plaintiff and defendant shall be no defense in any action brought against the manufacturer or seller; and for other purposes.

HB 1031. By Messrs. Egan of the 141st, Steis of the 100th, Dodson of the 107th and Scarlett of the 85th:
A Bill to be entitled an Act to amend Code Chapter 113-14, relating to inventories, appraisements and returns of the property of deceased persons, so as to provide that the property of a deceased need not be appraised under certain circumstances; and for other purposes.

HB 1032. By Messrs. Northcutt of the 35th and Moore of the 12th:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to provide an additional retire ment benefit for certain persons who retired under the provisions of said Act prior to January 1, 1967; and for other purposes.

HB 1033. By Mr. Games of the 129th:
A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System of Georgia, so as to provide creditable service for certain employees; and for other purposes.

HB 1034. By Mrs. Merritt of the 68th and Mr. Parker of the 68th:
A Bill to be entitled an Act to expand the application of the City of Americus Retirement System, so as to provide that no employee hired after May 24, 1968, shall be permitted to participate in the system; and for other purposes.

HB 1035. By Mr. Murphy of the 26th:
A Bill to be entitled an Act to amend an Act establishing a retirement fund and retirement benefits for Ordinaries, so as to provide for retirement benefits for the Secretary-Treasurer; and for other purposes.

HB 1036. By Messrs. Smith of the 114th, Brown of the 34th, Turner of the 123rd, Berry of the 110th, Dillon of the 128th and others:
A Bill to be entitled an Act to amend Code Section 13-2027, so as to remove the provisions permitting banks to charge for exchange drawn in payment of checks presented to banks; and for other purposes.

HB 1037. By Mr. Conner of the 91st:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System, relating to prior service as a member of the General Assembly; and for other purposes.

THURSDAY, JANUARY 18, 1968

393

Mr. Barber of the 24th, Chairman of the Committee on Education, sub mitted the following report:

Mr. Speaker:

Your Committee on Education has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 849. Do Pass as Amended.
Respectfully submitted, Barber of the 24th,
Chairman.

Mr. Harris of the 118th, Chairman of the Committee on Judiciary, sub mitted the following report.

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 921. Do Pass as Amended. SB 100. Do Pass. HB 877. Do Pass. HB 911. Do Pass.
HB 836. Do Pass. HB 851. Do Pass.
SB 79. Do Pass.
Respectfully submitted, Harris of the 118th, Chairman.

Mr. Clarke of the 45th, Chairman of the Committee on Locals Affairs, sub mitted the following report:

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Mr. Speaker:

Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1002. Do Pass. HB 1011. Do Pass. HB 1014. Do Pass. HB 1018. Do Pass. HR 447- 973. Do Pass. HR 458-1013. Do Pass. HR 475-1020. Do Pass. HR 476-1020. Do Pass. HR 414- 923. Do Pass.
Respectfully submitted, Clarke of the 45th, Chairman.

Mr. Caldwell of the 51st, Chairman of the Committee on Reapportionment, submitted the following report: Mr. Speaker:

Your Committee on Reapportionment has had under consideration the fol lowing Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 207. Do Pass as Amended.
Respectfully submitted,
Caldwell of the 51st, Chairman.

Mr. Steis of the 100th, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the fol lowing Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 870. Do Pass.
Respectfully submitted,
Steis of the 100th,
Chairman.

THURSDAY, JANUARY 18, 1968

395

By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 927. By Mr. Harrison of the 98th:
A Bill to be entitled an Act to create a new charter for the Town of Homeland, in the County of Charlton and to reincorporate said town as a city, and define its territorial limits; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 951. By Mr. Kaylor of the 4th:
A Bill to be entitled an Act to authorize certain counties to establish and maintain a law library for the use of the judges, solicitors, ordi nary and other officers of the courts of said counties; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 953. By Messrs. Lane of the 126th, Dillon of the 128th, Bond of the 136th, Brown of the 135th and others:
A Bill to be entitled an Act to amend an Act authorizing the Board of Commissioners of Roads and Revenues of Pulton County to establish rules and regulations governing the payments of pensions to county employees, so as to provide increase pensions to certain employees; and for other purposes.

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, the ayes were 115, nays 0.

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

HB 964. By Messrs. Hale and Crowe of the 1st and Snow of the 1st:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Trenton, so as to change the provisions of said charter relating to the power of eminent domain; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.

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

HB 965. By Mr. Howell of the 86th:
A Bill to be entitled an Act to amend an Act incorporating the City of Blakely, so as to provide for the municipal election date; to provide for special elections to fill vacancies occurring on the city council and the office of the mayor; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 968. By Mr. Moreland of the 28th: A Bill to be entitled an Act to change the method of choosing members of the Board of Education of Walton County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

THURSDAY, JANUARY 18, 1968

397

HR 431-952. By Mr. Kaylor of the 4th:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the clerk of the superior court of Fannin County, Georgia; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 115, nays 0.

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

HR 421-932. By Mr. Dailey of the 66th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Quitman County Industrial Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section VII, Paragraph V of the Constitution is here by amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic to be known as the 'Quitman County Industrial Development Authori ty', which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and by that name, style and title said body may contract and be contracted with, sue and be sued, plead and be impleaded, and complain and defend in all courts of law and equity.
"B. The Authority shall be composed of five members, three of whom shall be appointed by the governing authority of Quitman County, and two of whom shall be appointed by the Mayor of the City of Georgetown. The first members shall be appointed for terms of one, two, three, four and five years with the governing authority of Quitman County appointing members for terms of one, three and four years and the Mayor of Georgetown appointing members for terms of two and five years, and all such members shall take office on January 1, 1969. Thereafter successors shall

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be appointed by the governing authority of the county and the Mayor of Georgetown for terms of five years so that the terms shall remain staggered. In the event a vacancy occurs on the Au thority, for any reason, the governing authority of the county or the Mayor, as the case may be, shall appoint a member to serve the unexpired term. The Authority is hereby empowered to elect its own chairman, vice chairman and secretary from its member ship. No member of the governing authority of Quitman County or the City of Georgetown shall be eligible to serve as a member of said Authority and only residents of Quitman County shall be eligi ble for membership on the Authority. The members of the Authority shall receive no compensation for their service on the Authority.

"C. As used in this amendment, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context:

1. The word 'Authority' shall mean the Quitman County In dustrial Development Authority.

2. The word 'project' shall be deemed to mean and include the acquisition of lands, properties and improvements for development, expansion and promotion of jobs and payrolls in industry, com merce, agriculture, and natural resources; the construction of buildings and plants or the acquisition of equipment for the pur pose of selling, leasing or renting such structures or equipment to private persons, firms or corporations.

3. The term 'cost of project' shall embrace the cost of con struction, the cost of all lands, properties, easements, rights and franchises acquired, the cost of machinery and equipment, financ ing charges, interest prior to and during construction and for one year after completion of construction, cost of engineering, archi tectural and legal expenses, and plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project and placing the same in operation; provided, however, that in no event shall enter tainment or promotional expense be considered a part of the cost of any project. The funds the Authority may borrow and the in terest paid thereon, for interim or temporary financing for any of the above named items for the use of a designated project, pend ing the issue and validation of revenue anticipation bonds for such project, shall be considered a 'cost of project' which may be paid or repaid from the proceeds of the revenue anticipation bonds authorized herein paragraph "F. 12".

"D. The County of Quitman is expressly authorized to enter into contracts with the Authority as a public corporation.
"E. Any three (3) members shall constitute a quorum for the transaction of the ordinary business of the Authority; however, any action with respect to any project of the Authority must be approved by not less than three (3) affirmative votes.

THURSDAY, JANUARY 18, 1968

399

"F. The Authority shall have powers:

1. To have a seal and alter the same at pleasure.

2. To acquire, hold, and dispose of personal property, in cluding the stock of other corporations, for its corporate purposes.

3. To enter into contracts for periods of time not in excess of fifty (50) years.

4. To acquire in its own name by purchase, on such terms and conditions, and in such manner as it may deem proper, real property or liens or easements therein or franchises necessary or convenient for its corporate purposes, and to use the same, and to lease or make contracts with respect to the use of same or to dispose of same in any manner the Authority deems to its hest advantage. If the Authority shall deem it expedient to construct any project or use any project already constructed on lands, the title to which shall then be in the County of Quitman, the govern ing authority of Quitman County is authorized in its discretion to convey title to such lands, including any improvements thereon, to the Authority.

5. To appoint and select officers, agents, and employees, in cluding engineers, architects, builders, and attorneys, and to fix their compensation.

6. To make contracts, and to execute all instruments neces sary or convenient, including contracts for construction of projects and leases and rental and sale of projects, or contracts with respect to the use of projects, which it erects or acquires.

7. To construct, erect, acquire, own, repair, remodel, maintain, extend, improve, sell, equip, expand and to operate and manage projects and to pay the cost of any such project from the pro ceeds of revenue anticipation certificates or bonds or any other income of the Authority, or from any contribution or loans by persons, firms, or corporations, all of which the Authority is hereby authorized to receive and accept and use.
8. To borrow money for any of its corporate purposes and to execute notes, mortgages, deeds to secure debt, trust deeds and such other instruments as may be necessary or convenient to evi dence and secure such borrowing. It is specifically provided that in addition to the pledge of revenue from any project for the payment of revenue anticipation bonds and for the benefit of the bondholders, the Authority is authorized to execute mortgages, deeds to secure debts, trust deeds and such other instruments as may be necessary or convenient covering the property of any particular project as additional security for the bondholders of such project.
9. To exercise any power granted by the laws of the State of Georgia to public or private corporations, performing similar

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functions, which is not in conflict with the Constitution and laws of the State of Georgia.

10. To do all things necessary or convenient to carry out the powers expressly conferred by this amendment.

11. To adopt, alter or repeal its own bylaws, rules and regu lations governing the manner in which its business may be trans acted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business.

"G. In addition to the purposes for which Revenue Bonds are now permitted by this Constitution to be issued, the Authority, in order to carry out public purposes of this amendment, is hereby authorized to issue Revenue Bonds bearing rate or rates of interest, not exceeding eight per cent (8%) per annum, and maturity at the years and amounts determined by the Authority, and the pro cedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as heretofore or hereafter amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as se curity for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure, or forced sale of any property of the Authority upon default on such bonds, either in payment of prin cipal or interest or under any terms or conditions under which such bonds are issued.

"H. The Authority is hereby specifically authorized to pur chase or otherwise acquire land and to improve and develop same so as to make said land more desirable for industrial purposes. Such land acquisition and development may be undertaken by the Authority at any time whether or not there is at such time a prospective industry considering the purchase or lease of an indus trial site in Quitman County. Such land and improvements may be held by the Authority for any length of time it deems desirable, but any sale, lease or other disposition of same when made, shall be subject to the provisions of paragraph I hereof.
"I. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms, or corporations shall at any time be used for entertainment, or other promotional expenses.

"J. All projects of the Authority shall be on a self-liquidating basis, and the Authority shall not make gifts, directly or indirectly to any person, firm or corporation.

THURSDAY, JANUARY 18, 1968

401

"K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Quitman County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time.

"L. All lands and improvements and personal property the title to which is vested in the Authority, and all debentures, notes, bonds, and revenue anticipation certificates issued by the Authority shall be exempt from State and local taxation.

"M. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia or the County of Quitman.

"N. The books and records of the Authority shall be audited at least annually, at the expense of the Authority, by a competent auditor. The Authority shall furnish copies of said audit to Quit man County, and shall publish same one time in all newspapers printed in Quitman County.

"O. This amendment, being for the purpose of developing and promoting the public good and the welfare of the County of Quit man and its inhabitants, shall be liberally construed to effect the purposes hereof.

"P. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within the County of Quitman and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes.

"Q. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict same, and may likewise further regulate the management and conduct of the Authority; provided, however, nothing herein shall be construed so as to au thorize the General Assembly to provide by law that the governing authority of Quitman County may levy an ad valorem tax to carry out the purposes of this amendment."

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to create NO ( ) the Quitman County Industrial Development Au thority?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch
Brantley, H. H. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Cates

Cato Cheeks Clarke Cole Collins, J. F. Collins, M. Cook Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty
Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Dollar

Doster Douglas Edwards Fallin Farrar Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway
Hale Hall Hamilton Hargrett Harris, J. F. Harris, J. R. Harris, R. W. Henderson Higginbotham

THURSDAY, JANUARY 18, 1968

403

Hill Holder Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, M. Jordan, G. Jordan, W. H. Kirksey Knapp Lambros Lane, Dick Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lovell Lowrey Malone Mason Matthews, D. R. Mauldin Maxwell McCracken McDaniell Melton

Merritt Miller Mixon Moate Moore, Don C. Mullinax Murphy Nash Newton Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland Rainey Reaves Richardson Roach Ross

Rowland Rush Scarlett Shanahan Sherman Shields Simmons Sims Smith, G. W. Smith, V. T. Stalnaker Starnes Sweat Thompson, A. W. Thompson, R. Townsend Tye Underwood Vaughan, D. N. Vaughn, C. R. Wamble Ward
Ware
Wells Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Ballard Barber Brantley, H. L. Chandler Colwell Conner Dorminy Egan Farmer Fleming Floyd Funk Harrington Harrison Jones, C. M.

Kaylor Laite Lambert Land Lane, W. J. Leggett Leonard Le vitas Magoon Matthews, C. McClatchey Moore, J. H. Moreland Nessmith Russell

Savage Shuman Smith, J. R. Smith, W. L.
Snow
Steis Sullivan Threadgill Tucker Turner Walling Wiggins Mr. Speaker

On the adoption of the Resolution, the ayes were 162, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

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HR 447-973. By Mr. Anderson of the 71st:

A RESOLUTION

Proposing an amendment to the Constitution so as to create the Pulaski County-Hawkinsville Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Article V, Section IX of the Constitution is hereby amended by adding at the end thereof the following:

"A. There is hereby created a body corporate and politic in Pulaski County to be known as the Pulaski County-Hawkinsville Development Authority, which shall be an instrumentality of Pu laski County and the City of Hawkinsville and a public corporation and which in this amendment is hereafter referred to as the 'Authority';

"B. The Authority shall consist of nine members as follows:

(1) One member shall be the Commissioner of Roads and Reve nues of Pulaski County.

(2) Two members shall be appointed by the Commissioner of Roads and Revenues of Pulaski County.

(3) One member shall be the Chairman of the Board of Com missioners of the City of Hawkinsville.

(4) Two members shall be appointed by the Board of Com missioners of the City of Hawkinsville.

(5) One member shall be the chief executive officer of the Bank of Finleyson.

(6) One member shall be the chief executive officer of Planters Bank of Hawkinsville.

(7) One member shall be the chief executive officer of the Pulaski Banking Company of Hawkinsville.

All members, except those appointed by the Commissioner of Roads and Revenues of Pulaski County and the Board of Com missioners of the City of Hawkinsville, shall hold office as mem bers of the Authority concurrent with their holding the office or holding the position designated herein. The members appointed by the Commissioner of Roads and Revenues of Pulaski County and by the Board of Commissioners of the City of Hawkinsville shall

THURSDAY, JANUARY 18, 1968

405

be appointed for terms of two years and until their successors are appointed and qualified. Successors to such appointees shall be appointed by the original appointing authorities for terms of two years and until their successors are appointed and qualified. Any vacancies, except vacancies of the members appointed by the Com missioners of Roads and Revenues of Pulaski County and by the Board of Commissioners of the City of Hawkinsville which shall be filled for the unexpired term by the appointing authorities, shall be filled by a majority of the remaining members. A majority of the members shall constitute a quorum for the transaction of busi
ness, but no vacancy shall impair the power of the Authority to act.

"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Pulaski County and the City of Hawkinsville. The exemptions from taxation herein provided shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority.

"D. The powers of the Authority shall include, but not be limited to the power:
(1) To receive and administer gifts, grants, and donations and to administer trusts;
(2) To borrow money, to issue notes, bonds and revenue cer tificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;
(3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;

(4) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;

(5) To encourage and promote the expansion and development of industrial and commercial facilities in Pulaski County and the City of Hawkinsville, and to that end to acquire by purchase or gift any building or structure within said county or city suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful fur nishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acqui-

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sition of an existing building and the remodeling, renovating, recon structing, furnishing and equipping of such building;

(6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the build ing or buildings and to pay rentals or installments sufficient, to gether with other revenues, which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking.

(7) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;

(8) To designate officers to sign and act for the Authority generally or in any specific matter;

(9) To do any and all acts and things necessary or convenient
to accomplish the purpose and powers of the Authority as herein stated.

"E. The Authority shall not be authorized to create in any man ner any debt, liability or obligation against the State of Georgia, Pulaski County or the City of Hawkinsville.

"F. The members of the Authority shall receive no compensation for their services to the Authority.

"G. In order to finance any undertaking within the scope of its power or to refund any bonds then oustanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Author ity and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761) as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued there under; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hy pothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of Pulaski County or the City of Hawkinsville to pay any of the said obligations of said Authority.

THURSDAY, JANUARY 18, 1968

407

"H. The Authority may authorize additional bonds, for exten sions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become neces sary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings.

"I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that the under taking for which the bonds are to be issued will increase employment within Pulaski County or the City of Hawkinsville.

"J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses.

"K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Pulaski County and the City of Hawkinsville, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time.

"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade in Pulaski County and the City of Hawkinsville and reducing unem ployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes.

"M. This amendment shall be effective immediately upon proc lamation of its ratification by the Governor and the first members of the Authority shall take office as members of said Authority within thirty (30) days after such proclamation.

"N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Pulaski County and the City of Hawkinsville and the scope of its operations shall be limited to the territory embraced within said County and City. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits."

Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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JOURNAL OF THE HOUSE,

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

"YES ( ) Shall the Constitution be amended so as to create the NO ( ) Pulaski County-Hawkinsville Development Author ity?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch Brantley, H. H. Bray Brown, B. D. Brown, C. Buck, T. B. Busbee Caldwell Games Gates Cato

Cheeks Clarke Cole Collins, J. F. Collins, M. Cook Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dicldnson Dillon Dixon Dodson Dollar Doster Douglas

Edwards Fallin Farrar Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway Hale Hall Hamilton Hargrett Harris, J. F. Harris, J. R. Harris, R. W. Henderson Higginbotham Hill Holder Hood

THURSDAY, JANUARY 18, 1968

409

Howard Howell
Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, M. Jordan, G. Jordan, W. H. Kirksey Knapp Lambros Lane, Dick Lee, W. J. (Bill)
Lee, W. S. Lewis Longino Lovell Lowrey Malone Mason Matthews, D. R. Mauldin Maxwell McCracken McDaniell Melton Merritt Miller

Mixon Moate Moore, Don C. Mullinax Murphy Nash Newton Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland

Rush
Scarlett Shanahan Sherman Shields Simmons
Sims Smith, G. W. Smith, V. T. Stalnaker Starnes Sweat Thompson A. W. Thompson, R. Townsend Tye Underwood Vaughan, D. N. Vaughn, C. R. Wamble Ward Ware Wells Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Ballard Barber Brantley, H. L. Chandler Colwell Conner Dorminy Egan Farmer Fleming Floyd Funk Harrington Harrison Jones, C. M.

Kaylor Laite Lambert Land Lane, W. J. Leggett Leonard Le vitas Magoon Matthews, C. McClatchey Moore, J. H. Moreland Nessmith Russell

Savage Shuman Smith, J. R. Smith, W. L. Snow Steis Sullivan Threadgill Tucker Turner Walling Wiggins Mr. Speaker

On the adoption of the Resolution, the ayes were 162, nays 0.

The Resolution, having received the requisite two-thirds constitutional major ity, was adopted.

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JOURNAL OF THE HOUSE,

Mr. Smith of the 114th stated that he had been called from the floor of the House when the roll call on HR 421-932 and HR 447-973, but had he been present
would have voted "aye".

Mr. Lambros of the 130th asked unanimous consent that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 146. By Mr. Lambros of the 130th:
A Bill to be entitled an Act to amend Code Section 30-102, which Section relates to the grounds for the granting of a total divorce, by amendingSubsection 11 thereof, relating to an incurable insanity as grounds for divorce; and for other purposes.

Mr. Mixon of the 81st objected.

Mr. Lambros of the 130th moved that the House reconsider its action in failing to give the requisite constitutional majority to HB 146.

On the motion to reconsider, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Anderson
Barber Battle Berry C. E. Berry, J. K. Blalock Bond Bostick Bowen Branch
Brantley, H. H. Bray Brown, C. Buck Busbee Carnes Gates Cato Cheeks Clarke

Collins, J. F. Cooper, B.
Cooper, J. R. Cox, W. J. Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent
Dillon Dixon Dollar Doster Douglas Edwards Egan Farrar Floyd Gary

Gay Gaynor
Gignilliat Grahl Graves Grier Gunter Hadaway Hall Hamilton Hargrett
Harris, J. R. Harris, R. W. Harrison Holder Hood Howard Hutchinson Jenkins Johnson, A. S. Joiner

THURSDAY, JANUARY 18, 1968

411

Jones, M. Jordan, W. H. Kirksey Lambert Lambros Land Lane, Dick Lee, W. J. (Bill) Levitas Longino Malone Mason Mauldin Maxwell McCracken Melton Merritt Miller Moate Moore, Don C. Mullinax Nash

Newton Nimmer Northcutt Otwell Pafford Palmer Parker, C. A. Parker, H. W. Parrish Peterson Phillips Poss Ragland Rainey Richardson Roach Rowland Rush Russell Savage Scarlett Shanahan

Sherman Shields Simmons Sims Smith, G. W. Smith, V. T. Stalnaker Starnes Sweat Thompson, A. W. Thompson, R. Townsend Tye Vaughn, C. R. Wamble Wells Westlake Whaley Williams Winkles Wood

Those voting in the negative were Messrs.:

Bennett Collins, M. Crowe, William Harris, J. F.

Henderson Jordan, G. Mixon Vaug-han

Ware Wilson, J. M.

Those not voting were Messrs. :

Alexander Ballard Barfield Black Brantley Brown, B. D. Caldwell Chandler Cole Colwell Conner Cook Dickinson Dodson Dorrniny Tallin Farmer Fleming Funk Hale Harrington Higginbotham Hill

Howell Johnson, B. Jones, C. M. Kaylor Knapp Laite Lane, W. J. Lee, W. S. Leggett Leonard Lewis Lovell Lowrey Magoon Matthews, C. Matthews, D. R. McClatchey McDaniell Moore, J. H. Moreland Murphy Nessmith Odom

Oglesby Paris Pickard Potts Reaves Ross Shuman Smith, J. R. Smith, W. L. Snow Steis Sullivan Threadgill Tucker Turner Underwood Walling Ward Wiggins Wilson Mr. Speaker

On the motion to reconsider, the ayes were 128, nays 10.

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JOURNAL OF THE HOUSE,

The motion prevailed, and the House reconsidered its action in failing to pass HB 146, as amended.

Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:

HB 947. By Messrs. Ware of the 42nd, Wood of the 16th, Steis of the 100th and others:
A Bill to be entitled an Act to declare the 30th day of May of each year, commonly known as National Memorial Day, to be a public and legal holiday in this State; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Carnes Gates Cato Cheeks

Collins, M. Colwell Cook Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean Dent Dodson Doster Douglas Edwards Egan Farmer Farrar Fleming Floyd Gary Gay Gaynor Gignilliat Grahl Graves

Grier Gunter Hadaway Hall Hamilton Hargrett Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham Hill Holder Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, M. Jordan, W. H. Kaylor Kirksey Knapp Lambros

THURSDAY, JANUARY 18, 1968

413

Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Mauldin Maxwell McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, Don C. Mullinax Nash

Nessmith Newton Nimmer Northcutt Otwell Pafford Palmer Parker, C. A. Parker, H. W. Peterson Phillips Poss Potts Rainey Richardson Roach Ross Rowland
Rush Russell Scarlett Shanahan Sherman Shields Simmons Sims

Smith, G. W. Smith, V. T. Smith, W. L. Stalnaker Starnes Steis Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ware Wells
Westlake Whaley Williams Wilson, R. W. Winkles
Wood

Those not voting were Messrs.:

Caldwell Chandler Clarke Cole Collins, J. P. Conner Cooper, B. DeLong Dickinson Dillon Dixon Dollar Dorminy Fallin Punk

Hale Harrington Jones, C. M. Jordan, G. Laite Lambert Leggett Leonard Matthews, D. R.
McClatchey Moore, J. H. Moreland Murphy Odom Oglesby

Paris Parrish Pickard Ragland Reaves Savage Shuman Smith, J. R. Snow Sullivan Tucker
Ward Wiggins Wilson, J. M. Mr. Speaker

Voting in the negative was Mr. Henderson.

On the passage of the Bill, the ayes were 159, nays 1.

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

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JOURNAL OF THE HOUSE,

HB 841. By Messrs. Williams of the 16th, Johnson of the 40th, Wood of the 16th, Lambros of the 130th and others:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to change the speed restrictions for vehicles traveling on four lane limited access highways; to repeal conflicting laws; and for other purposes.

An amendment, offered by Mr. Palmer of the 117th, was read and lost.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as. follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond
Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck Busbee Carnes Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Cook

Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J.
Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Dollar Doster Douglas Edwards Egan Fallin Farrar Fleming
Floyd Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter

Hadaway Hale Hall Hamilton
Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood
Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Lambert Lambros Lane, Dick

THURSDAY, JANUARY 18, 1968

415

Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Mauldin Maxwell McCracken McDaniell Melton Merritt Miller Mixon Moore, Don C. Mullinax Nash Nessmith Newton Nimmer Northcutt Oglesby

Otwell Pafford Palmer Parker, C. A. Parker, H. W. Parrish Peterson Phillips Poss Potts Rainey Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, V. T.

Smith, W. L. Stalnaker Starnes Steis Sullivan Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Barfield Bray Caldwell Conner Dorminy Farmer Funk Laite Land

Lewis Matthews, D. R. McClatchey Moate Moore, J. H. Moreland Murphy Odom Paris

Voting in the negative was Mr. Leonard.

Pickard Ragland Smith, J. R. Snow Tucker Turner Mr. Speaker

On the passage of the Bill, the ayes were 179, nays 1.

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

Mr. Leonard of the 3rd stated that he had inadvertently voted "nay" on his machine, but intended to vote "aye".

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JOURNAL OF THE HOUSE,

HB 903. By Mr. Hill of the 121st:
A Bill to be entitled an Act to provide for the issuance of special person alized prestige license plates; to repeal conflicting laws; and for other purposes.

The following amendment was read and adopted:

The Committee on Motor Vehicles moves to amend House Bill No. 903 as follows:

By changing the word "shall" to "may" in Section 3.

The report of the Committee, which was favorable to the passage of the Bill, as amended, as agreed to.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Anderson Ballard Barber Barfield Battle Bennett Berry, J. K. Blalock Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, C. Busbee Carnes Gates Cato Chandler Cheeks Clarke Cole Collins, J .F.

Colwell Conner Cook Cooper, B. Cox Crowe, William Crowe, W. J. Dailey Davis DeLong Dent Dickinson Dillon Dodson Doster Edwards Egan Fleming Floyd Gaynor Gignilliat Graves Hadaway Hall Hamilton Hargrett

Harrington Harris, J. P. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howard Hutchinson Jenkins Johnson, B. Jones, C. M. Jordan, G. Jordan, W. H. Kaylor Knapp Lambert Lambros Land Lane, Dick Lee, W. S. Leggett Leonard

Longino Lowrey Magoon Matthews, C. Mauldin Maxwell McCracken McDaniell Melton Merritt Miller Moore, Don C. Moreland Mullinax Nimmer Oglesby Otwell Pafford Parker, C. A.

THURSDAY, JANUARY 18, 1968

417

Peterson Phillips Poss Potts Ragland Richardson Roach Rush Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, V. T. Smith, W. L. Starnes

Steis Sullivan Sweat Thompson, A. W. Thompson, R. Threadgill Tye Vaughan, D. N. Wamble Ward Ware Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles

Those voting in the negative were Messrs.:

Alexander Berry, C. E. Buck Collins, M. Cooper, J. R. Daugherty Douglas Farrar Gary Gay Grahl Grier

Johnson, A. S. Joiner Jones, M. Kirksey Lane, W. J. Lee, W. J. (Bill) Le vitas Lovell M alone Mixon Newton Northcutt

Parrish Rainey Reaves Ross Rowland Russell Savage Townsend Underwood Walling

Those not voting were Messrs.:

Black Brown Caldwell Dean Dixon Dollar Dorminy Fallin Farmer Funk Gunter Hale

Howell Laite Lewis Mason Matthews, D. R. McClatchey Moate Moore, J. H. Murphy Nash Nessmith Odom

Palmer Paris Parker, H. W. Pickard Smith, J. R. Snow Stalnaker Tucker Turner Vaughn, C. R. Wood Mr. Speaker

On the passage of the Bill, as amended, the ayes were 135, nays 34.

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

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JOURNAL OP THE HOUSE,

The Speaker announced the House recessed until 2:00 o'clock this afternoon.

AFTERNOON SESSION

The Speaker called the House to order.

The following Resolution of the House was read and referred to the Commit tee on Motor Vehicles:

HR 505. By Mr. Ragland of the 109th:
A RESOLUTION
Creating an interim committee to study all matters relating to auto mobile liability insurance; and for other purposes.
WHEREAS, the fact that many motorists in the State of Georgia do not have liability insurance is a continuing problem that should be thoroughly investigated; and
WHEREAS, some of the other states have taken steps to solve this problem, and the laws of such states should be studied and evaluated.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim study committee to be known as the "Automobile Liability Insurance Study Committee", which shall be composed of five members of the House of Representatives appointed by the Speaker thereof. Said Committee shall be authorized to study all matters relating to automobile liability insur ance and shall give particular attention to methods whereby all, or sub stantially all, members of the motoring public shall be covered by such insurance.
BE IT FURTHER RESOLVED that the members of the committee shall receive the expenses and allowances authorized legislative members of interim legislative committees. The members of the committee shall receive such expenses and allowances from the funds appropriated or available to the legislative branch of government but shall receive the same for not more than ten (10) days. Any other funds necessary to carry out the provisions of this resolution shall come from funds approp riated or available to the legislative branch of government. The committee shall make a report of its findings and recommendations, which report shall be accompanied by such proposed legislation as might be recom mended by the committee, by not later than tke convening of the 1969 session of the General Assembly of Georgia, on which date the committee shall stand abolished.

The following Resolution of the House was read and referred to the Com mittee on Agriculture:

THURSDAY, JANUARY 18, 1968

419

HR 506. By Mrs. Merritt of the 68th:

A RESOLUTION

Urging the Commissioner of Agriculture to promulgate rules and regulations relating to the packaging of frozen chickens in Georgia; and for other purposes.

WHEREAS, it has come to the attention of the members of this body that frozen chickens are being packaged in Georgia with the livers and gizzards enclosed inside the bodies of said chickens; and

WHEREAS, it is necessary for Georgia housewives to allow said chickens to completely thaw before said livers and gizzards are acces sible, thus causing great inconvenience to said housewives and their families; and

WHEREAS, the poultry producing industry is of major importance to our State, and any practice which might reduce the sale of Georgia chickens should be strictly avoided.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby urge Honorable Phil Campbell, Commissioner of Agriculture, to promulgate rules and regula tions to require that livers and gizzards be separately packaged outside the bodies of chickens produced in this State which are packaged to be sold as frozen chickens.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appropri ate copies of this resolution to Honorable Phil Campbell, Commissioner of Agriculture, and to Honorable Abit Massey, Executive Secretary, Georgia Poultry Federation.

The following Resolution of the House was read and referred to the Commit tee on Game and Fish:

HR 507. By Messrs. Cox of the 127th, Dillon of the 128th, Adams of the 125th, Carnes of the 129th and Leggett of the 21st:
A RESOLUTION
Creating the Study Committee on Rockfish; and for other purposes.
WHEREAS, an adequate supply of rockfish is one of the most out standing assets which a state can offer to sportsmen; and
WHEREAS, at the present time, many of the surrounding states have a rockfish population in excess of that possessed by the State of Georgia; and

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JOURNAL OF THE HOUSE,

WHEREAS, it is desirable to inquire into the reasons why Georgia is lagging behind surrounding states insofar as the availability of rockfish is concerned.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of six members of the House to be appointed by the Speaker thereof. The committee shall make a thorough and exhaustive study into the present practices of the State Game and Fish Commission concern ing their programs for the protection and development of this state's rockfish population and shall make a report of its findings and recom mendations to the 1969 Session of the General Assembly, at which time it shall stand abolished. The committee shall be authorized to meet for a period not in excess of fifteen days. The members of the committee shall receive compensation, per diem, expenses and allowances author ized for members of interim legislative study committees. The funds necessary for the purposes of this Resolution shall come from funds appropriated and available to the legislative branch of the government.

The following Resolutions of the House were read and adopted: HR 508. By Mr. Anderson of the 71st:
A RESOLUTION
Expressing regrets for the passing of Dean John Tolliver Morris; and for other purposes.
WHEREAS, Dean John Tolliver Morris, coach, teacher, and admin istrator, gave his all to the development of Middle Georgia College, the institution he loved so well, and for Thirty-nine (39) years he played a significant role in the academic and administrative affairs of the college; and
WHEREAS, Dean John Tolliver Morris died of a coronary attack Saturday, August 19, 1967, at the age of Sixty-six (66); and
WHEREAS, Dean John Tolliver Morris, Dean of Administration at the College, was stricken while working in his office on the campus late in the morning and died shortly afterwards while en route to the hos pital; and
WHEREAS, Dean John Tolliver Morris came to Cochran in 1928 and held the position of Head Coach for the following Eighteen (18) years, coaching football, basketball, and baseball, winning numerous state and southern championships; and
WHEREAS, in 1938 Dean John Tolliver Morris was made Registrar of the College, and in 1947 he was named Dean and Registrar, and upon the death of Dr. L. E. Roberts in 1964, Dean John Tolliver Morris was appointed Acting President pending the appointment of Dr. Louis C. Alderman, Jr.; and

THURSDAY, JANUARY 18, 1968

421

WHEREAS, a pioneer in the junior college movement, Dean John Tolliver Morris was a dedicated educator whose vision and zeal contrib uted greatly to the improvement of quality education in Georgia; and

WHEREAS, an inspiration to all those who were privileged to work with him Dean John Tolliver Morris did his work well: To him no job was too negligible to take lightly; but he demanded the best and he gave the best while being a friend to students and teachers alike; and

WHEREAS, for Thirty-nine (39) years Dean John Tolliver Morris taught a Sunday School class at the First Baptist Church in Cochran and he attended church services regularly; and

WHEREAS, he was a charter member and past President of the Cochran Rotary Club and held the office of Secretary of the Georgia Junior College Association for the past Eight (8) years; and

WHEREAS, Dean John Tolliver Morris won Ten (10) letters in Pour (4) sports at Oglethorpe University where he was Captain of the 1923 baseball team which won the Southern College Championship, and he played professional baseball; and

WHEREAS, in summing up his life one verse seems to fit this remarkable man: "For when the one great Scorer comes to write against your name, He writes not that you lost or won, but how you played the game"; and

WHEREAS, Dean John Tolliver Morris played the game right down to the last second--no man could have done more.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest regrets are hereby expressed at the passing of Dean John Tolliver Morris and heartfelt sympathy is hereby extended to members of his family.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the family of Dean John Tolliver Morris.

BE IT FURTHER RESOLVED that a copy of this Resolution is to be placed in a permanent place in the gymnasium named after Dean John Tolliver Morris, at Middle Georgia College, Cochran.

HR 509. By Mr. Dickinson of the 27th:
A RESOLUTION
Expressing regrets at the passing of Mr. Horace Wright; and for other purposes.
WHEREAS, as a result of an automobile accident, Mr. Horace Wright passed away on January 8, 1967; and

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JOURNAL OF THE HOUSE,

WHEREAS, he was an outstanding citizen of the State ol Georgia and a resident of Douglas County and the City of Douglasville for many years; and

WHEREAS, he was a member of the First Baptist Church of Douglasville and was very active in church affairs and many charitable campaigns; and

WHEREAS, he was an outstanding civic leader in his community, being on the Board of Directors of the Douglas County Chamber of Commerce and a member of the Douglasville-Douglas County Planning and Zoning Commission; and

WHEREAS, he was the former Postmaster for the City of Douglas ville, having retired from that position after many years of able and faithful service; and

WHEREAS, he is survived by his wife, Mrs. Bessie Wright; three daughters, Mrs. Betty Nolan, Mrs. Sarah Roper and Miss Ida Ruth Wright, and one son, Mr. Ray Wright.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest regrets at the passing of Mr. Horace Wright and extends its sincerest sympathy to his family.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appropriate copy of this resolution to Mrs. Horace Wright.

HR 510. By Messrs. Egan of the 141st, Adams of the 125th, McClatchey of the 138th, Hill of the 121st, Cook of the 123rd and Lane of the 126th:
A RESOLUTION
Commending Honorable Robert H. White; and for other purposes.
WHEREAS, Honorable Robert H. White has served as a member of the State Highway Board from the 5th Congressional District for many years; and
WHEREAS, his counsel, experience and consideration have had a positive influence on the effectiveness of the State Highway Board, and he has rendered outstanding service to the area comprising the 5th Congressional District; and
WHEREAS, he has been a dedicated public servant and the peo ple of his district and of the entire State owe him a great debt ol gratitude; and
WHEREAS, he has tendered his resignation as a member of the Board and said resignation has been accepted.

THURSDAY, JANUARY 18, 1968

423

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby offer their sincerest appreciation to Honorable Robert H. White for his outstand ing and dedicated service rendered as a member of the State Highway Board from the 5th Congressional District and wish for him a lengthy and happy retirement.

BE IT FURTHER RESOLVED that the clerk of the House is hereby instructed to transmit a copy of this Resolution to Honorable Robert H. White.

HR 511. By Mr. Oglesby of the 92nd:
A RESOLUTION
Wishing a speedy recovery for Lee E. Kelly; and for other purposes.
WHEREAS, Lee E. Kelly was formerly a beloved and revered member of the House of Representatives of the General Assembly of Georgia representing Thomas County; and
WHEREAS, Lee E. Kelly, affectionately known as "Lee," enjoyed the esteem and affection of not only his colleagues and the people of Thomas County, but the members of the General Assembly of this State as well; and
WHEREAS, Lee E. Kelly as in his lifetime of service to others, to his profession and to his community demonstrated a selflessness and a regard for his fellow man which is an example for others; and
WHEREAS, Lee E. Kelly is presently suffering from ill health and is hospitalized at this time; and
WHEREAS, it is the wish and desire of each and every member of this body to extend to Lee E. Kelly our heartfelt and sincerest wishes for a speedy recovery from his present illness.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does express to Lee E. Kelly its wish and desire that he experience a rapid and full recovery in order that he might return to his usual active life as soon as possible.
BE IT FURTHER RESOLVED THAT the Clerk of this House prepare and execute for presentation to Lee E. Kelly a true copy of this Resolution with the seal and signatures of the appropriate offi cials hereunto affixed.
HR 512. By Messrs. Dean of the 20th, Smith of the 54th, Grahl of the 52nd, Starnes of the 13th, Moore of the 20th, Busbee of the 79th and Barber of the 24th:

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JOURNAL OF THE HOUSE,

A RESOLUTION

Commending Honorable Edgar Chandler, Jr.; and for other pur poses.

WHEREAS, Honorable Edgar Chandler, Jr., has played the posi tion of offensive right tackle for the Georgia "Bulldogs" varsity foot ball team for the past three years; and

WHEREAS, Honorable Edgar Chandler, Jr., has been selected as an "All-American Lineman" on practically every all-America football team named in the United States; and

WHEREAS, he was recently picked as the "Southeastern Confer ence Lineman of the Year" by the Atlanta Touchdown Club; and

WHEREAS, he is a high draft choice in Pro Football circles; and

WHEREAS, he was an "All Southern" tackle with the Cedartown High School "Bulldogs" football team; and

WHEREAS, he was selected as the "Class AA Lineman of the Year" in the State of Georgia during his last year in high school; and

WHEREAS, Edgar Chandler, Jr., is the "Pride of Cedartown, Georgia"; and

WHEREAS, it is the desire of the members of this body to recog nize this talented young man for his outstanding athletic accomplish ments.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Honorable Edgar Chandler, Jr., upon being selected as a unanimous choice for "All-American" in every all-American poll con ducted by the sports writers, magazines, and football coaches.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro priate copy of this resolution to the Honorable Edgar Chandler, Jr., Cedartown, Georgia.

HR 513. By Mr. Miller of the 108th:
A RESOLUTION
Extending congratulations and expressing admiration for the moral support of Mr. Duane E. Deming, alias D 2 Deming.
WHEREAS, Duane Deming has on several occasions exhibited ex ceptional character and whole-hearted support toward maintaining the

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strength, dignity and prestige of members of the Georgia House of Representatives; and

WHEREAS, Duane Deming has on one specific occasion given ac tive support to circumstances which caused members of the other body of the Georgia General Assembly to recognize his true color of gentle manly valor; and

WHEREAS, Duane Deming has served in this capacity above and beyond the call of normal duty.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that sincrere congratulations, thanks and ap preciation are hereby expressed and offered to Mr. Duane E. (D 2 ) Deming.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the above named person.

HR 514. By Mr. Dean of the 20th:
A RESOLUTION
Commending the Cedartown unit of the Georgia State Patrol; and for other purposes.
WHEREAS, the members of the Cedartown unit of the State Patrol are dedicated public servants; and
WHEREAS, the members of the Cedartown unit of the Georgia State Patrol spend countless hours and risk their lives to protect the citizens of Cedartown and Polk County and their property; and
WHEREAS, these men are active in the civic organizations in Cedartown; and
WHEREAS, they wholeheartedly support all good Samaritan pro jects; and
WHEREAS, the Cedartown unit of the Georgia State Patrol is com posed of the following members: Sgt. C. F. Abernathy, Cpl. J. T. Baird, Tpr. J. P. Worthington, Tpr, C. R. Deal, Tpr. L. L. Rampy, Jr., Tpr. T. D. Edwards, Tpr. C. R. Sanders, Tpr. V. H. West, Tpr. J. E. Benefield, Tpr. John Glen, Mr. Eddie Broome, and Mr. J. E. Adams; and
WHEREAS, several other members of the Georgia State Patrol reside in Cedartown, namely, Cpt. L. F. Butler, who is with the Safety Education Division in Atlanta, Lt. Wilson Weaver, and Lt. C. H. Hardison, Assistant Troop Commanders for Troop "A" of the Georgia State Patrol; and

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WHEREAS, it is the desire of the members of this body to rec ognize the members of the Cedartown unit of the Georgia State Patrol and the other Cedartown citizens employed by the Georgia State Patrol for the fine work they are doing1.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the members of the Cedartown unit of the Georgia State Patrol and the other Cedartown citizens employed by the Georgia State Patrol for the outstanding manner in which they are performing their duties and for the contributions they have made to their community.

BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to forward an appropri ate copy of this resolution to Sgt. C. F. Abernathy, NCOIC of the Cedartown unit of the Georgia State Patrol.

HR 515. By Messrs. Moore and Dean of the 20th, Matthews of the 29th and Smith of the 54th:
A RESOLUTION
Requesting the Governor to designate January 27, 1968 as "Edgar Chandler, Jr. Day"; and for other purposes.
WHEREAS, Edgar Chandler, Jr., the regular offensive right tackle for the University of Georgia football team for the past three years, is one of the finest linemen ever to play in the Southeastern Conference and was the most outstanding offensive tackle in the United States during the 1967 season; and
WHEREAS, he was the unanimous choice on every major AllAmerica team in his senior season, being so honored by the Football Writers of America (Look Magazine), American Football Coaches' Association, Associated Press, United Press International, NBA, Foot ball News, Sports Extra, The Sporting News, Time Magazine, and the New York Daily News; and
WHEREAS, Coach Vince Dooley has stated that Edgar is the finest offensive lineman he has ever seen in collegiate competition and he has been labeled by pro scouts as the fastest offensive lineman to come out of collegiate circles in many years; and
WHEREAS, prior to enrolling at the University of Georgia, he was an outstanding football player at Cedartown High School, making AllSouthern prep tackle and Georgia Class AA lineman of the year; and
WHEREAS, in addition to his athletic prowess, he is one of the most outstanding and popular students at the University, and through his fine character and actions, sets a wonderful example for the other students; and

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427

WHEREAS, his home town of Cedartown is holding a celebration on January 27, 1968, which the City officials have designated as "Edgar Chandler, Jr. Day" and it would be fitting and proper for the Governor to designate that date as "Edgar Chandler, Jr. Day".

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body extend their sincerest congratulations to Edgar Chandler, Jr. for his outstanding ac complishments, and this body does hereby respectfully request and urge his Excellency, Governor Lester G. Maddox, to designate January 27, 1968 as "Edgar Chandler, Jr. Day" to coincide with the Cedartown celebration on that date.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to Governor Mad dox, to Edgar Chandler, Jr., to his good friend, Ray Beck, to his Athletic Director, Joel Eaves, to his Coach, Vince Dooley, and to his Cedartown High School Coach, Doc Ayers, now Head Freshman Coach at the University of Georgia.

HR 516. By Mr. Edwards of the 57th:
A RESOLUTION
Commending Honorable D. W. Brosnan and the Southern Railway System; and for other purposes.
WHEREAS, Honorable D. W. Brosnan is a native of Georgia and was the President of the Southern Railway System at the time a bid for the lease of the Western and Atlantic Railroad was submitted to the State of Georgia; and
WHEREAS, in a report submitted to the members of the General Assembly in 1963, it was estimated that the fair rental value of the Western and Atlantic Railroad to the Louisville and Nashville Railroad Company was approximately eighteen million ($18,000,000.00) dollars for twenty-five (25) years; and
WHEREAS, the Southern Railway System bid approximately twenty-five million ($25,000,000.00) dollars, which was approximately seven million ($7,000,000.00) dollars over the estimated rental value according to the said report; and
WHEREAS, the competitive spirit and the continuing belief in the free enterprise system of this great State by Honorable D. W. Brosnan and the Southern Railway System had a tremendous effect on the in creased bid of the Louisville and Nashville Railroad Company from approximately twenty-five million ($25,000,000.00) dollars to approxi mately thirty-three million ($33,000,000.00) dollars with other benefits; and

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WHEREAS, the difference in the Louisville and Nashville Rail road Company bid and that estimate of the reasonable rental value will result in an increase of approximately fourteen million ($14,000,000.00) dollars to the State of Georgia over the twenty-five (25) year period of said lease.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Honorable D. W. Brosnan and the Southern Railway System are hereby commended for their interest in the free enterprise system and the lease of the Western and Atlantic Railroad and sincerest appreciation is offered to Mr. Brosnan and the Southern Railway System for such interest.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to submit a suitable copy of this Resolution to the Honorable D. W. Brosnan.

HR 517. By Messrs. Gignilliat of the 113th, Gaynor of the 114th, Battle of the 116th and others:
A RESOLUTION
Commending Honorable L. C. McClurkin; and for other purposes.
WHEREAS, Honorable L. C. McClurkin has served as a member of the State Highway Board of Georgia from the First Congressional District for the past six years; and
WHEREAS, his counsel, experience and cooperation have had a positive influence on the effectiveness of the State Highway Board and on the development of the twenty counties that comprise the First Con gressional District; and
WHEREAS, his dedicated services on behalf of the people of the First Congressional District and the State of Georgia were offered at great personal sacrifice; and
WHEREAS, Honorable L. C. McClurkin's term as a member of the State Highway Board expires in 1968, and he is not a candidate for reelection to this office.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body hereby extends its grateful ac knowledgment to the Honorable L. C. McClurkin for the services he has rendered the citizens of Georgia and expresses sincere and lasting ap preciation to him for his time, his talents and his personal interest in the progress of our State.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby instructed to transmit a copy of this Resolution to Honorable L. C. McClurkin.

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429

The following message was received from the Senate through Mr. McWhorter the Secretary thereof:

Mr. Speaker:

The Senate has adopted the report of the Committee of Conference on the following Bill of the House, to-wit:

HB 404. By Messrs. Mason and Nash of the 22nd:
A Bill to repeal an Act creating a Board of County Commissioners, so as to create a new Board of Commissioners of Roads and Revenues of Gwinnett County; and for other purposes.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 404. By Messrs. Mason and Nash of the 22nd:
A Bill to be entitled an Act to repeal an Act creating a Board of County Commissioners, so as to create a new Board of Commissioners of Roads and Revenues of Gwinnett County; and for other purposes.

The following report of the Committee of Conference was read:
CONFERENCE COMMITTEE REPORT ON HB 404
Mr. President and Mr. Speaker:
The Conference Committee appointed on HB 404 has met and sub mits the following report:
The Conference Committee recommends that the Senate and House of Representatives both recede from their positions on HB 404 and that the attached Conference Committee Substitute to HB 404 be adopted.
Respectfully submitted,
For The Senate: /s/ Robert E. Lee, Jr. of the 47th Is/ MayIon London of the 50th /s/ Dr. J. A. Minish of the 48th
For the House of Representatives:
/s/ James D. Mason of the 22nd /s/ Norris J. Nash of the 22nd /s/ W. M. (Bill) Williams of the
16th

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A BILL

To be entitled an Act to repeal an Act creating a Board of County Commissioners of Gwinnett County, approved August 16, 1915 (Ga. Laws 1915, p. 244), as amended, so as to create a new Board of Com missioners of Roads and Revenues of Gwinnett County; to provide for the election of said new Board; to provide for a Chairman of said Board and his election; to provide for the compensation of the Chairman and members of said Board; to provide for the powers and duties of said Board and Chairman; to provide for all procedures and matters relating to the foregoing; or as an alternative to the foregoing to amend the Act creating a Board of County Commissioners of Gwinnett County, approved August 16, 1915 (Ga. Laws 1915, p. 244), as amended, so as to provide for six-year terms for the members of said Board; to provide for the election of said members of said Board for staggered terms; to change the compensation and expense allowance of the members of said Board; to provide for a referendum; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
PART I.
Section 1. An Act creating a Board of Commissioners of Roads and Revenues for Gwinnett County, approved August 16, 1915 (Ga. Laws 1915, p. 244), as amended, is hereby repealed in its entirety.
Section 2. There is hereby created in and for the County of Gwin nett a Chairman and Board of Commissioners of Roads and Revenues to be elected and organized as hereinafter set forth, which Chairman and Board of Commissioners shall constitute the governing authority of said County and shall exercise the powers, duties and responsibilities herein vested in and imposed upon said officers.
Section 3. The commission established herein shall consist of four members in addition to the chairman. The chairman shall be elected by the qualified voters of the entire county and may reside in any district in Gwinnett County, but each candidate for membership on the com mission shall be a resident of the commissioner district hereinafter created, which he offers to represent, excluding the chairman, and shall be elected by the qualified voters of said district. For the purpose of electing commission members, Gwinnett County is hereby divided into four commissioner districts to be constituted and designated as follows:
Commissioner District Number One shall be all that tract or parcel of land situated in the following militia districts: Sugar Hill, Suwanee, Pucketts and Hog Mountain.
Commissioner District Number Two shall be all that tract or parcel of land situated in the following militia districts: Pinkneyville and Duluth.
Commissioner District Number Three shall be all that tract or parcel of land situated in the following militia districts: Berkshire Garners, Gates, Rockbridge, Martins and Goodwins.

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431

Commissioner District Number Four shall be all that tract or parcel of land situated in the following militia districts: Lawrenceville, Dacula, Duncans, Rocky Creek, Harbins and Bay Creek.

Section 4. The chairman shall be a citizen of this State, a resident of Gwinnett County, and shall hold no other public office.

Section 5. Members of the commission, other than the chairman, shall be citizens of this State who have been residents of their respective commissioner districts preceding their election, and shall hold no other elective public office.

Section 6. In the event of a vacancy in the office of chairman or a member of the commission whose unexpired term exceeds 180 days, it shall be the duty of the ordinary to call a special election for the filling of such vacancy, which election shall be governed by the general laws of force in this State in regard to special elections for the filling of vacancies. In the event such unexpired term does not exceed 180 days, it shall be the duty of the county commission to fill the vacancy by ap pointment of a qualified person meeting the residence requirements.

Section 7. The chairman or any member of the commission shall be subject to a recall election at any time after nine months of his term has expired. The petition for any such recall election must be signed by not less than 30% of the qualified registered voters of said County and shall be filed in the office of the ordinary of said County. No such petition shall be filed with the ordinary, however, unless there is attached thereto a certificate executed by the registrar or deputy registrar having charge of voters' registration cards in Gwinnett County certifying that the names apearing on said petition have been verified by comparison with the list of qualified, registered voters maintained by him, and that the names appearing thereon constitute not less than 30% of such voters. Such certificate shall be furnished by said registrar or deputy registrar within thirty (30) days from the date such petition is presented to him for certification. When such certified petition has been so filed with the ordinary, it shall be his duty to call an election to be held not more than thirty days from the date of filing of such petition with him, and to fix the date thereof, and cause notice thereof to be published in the county gazette at least twice before each such election. The ballots or voting machines employed in such election shall state the name of the officer whose recall has been petitioned, the office which he holds and the dates of the beginning and termination of his official term, and shall be prepared so as to enable voters in such election to vote, "For recall of the above named officer," or, "Against recall of the above named officer." The ordinary shall forthwith publish the results of such election, and if a majority of those voting in such election have voted in favor of recall, the office in question shall be vacated from the date of such publication, and the officer so recalled shall not be eligible to election or appointment to the unexpired term. If a majority of those voting in such election vote against recall, the official shall retain his office. Vacancies created by a recall election shall be filled in the same manner as herein provided for the filling of other vacancies.

Section 8. Before entering upon the discharge of their duties, the chairman and members of the commission shall subscribe an oath before

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the ordinary of said county for the true and faithful performance of their duties and that they are not the holders of any public funds un accounted for. In addition, the chairman shall further give a satisfactory surety bond to be approved by the ordinary of the county and payable to the ordinary or his successor in office and filed in the office of the ordinary, in the sum of one hundred thousand ($100,000.00) dollars, con ditioned upon the faithful performance of the duties of the office. Each member of the Board shall give like bond in the sum of twenty-five thousand ($25,000.00) dollars. The costs of said bonds shall be paid out of the county treasury.

Section 9. (a) Members of the commission herein created, other than the chairman, shall be paid as their entire compensation for services as same, the sum of three hundred fifty ($350.00) dollars each per month to be paid out of the county treasury upon warrants drawn upon the county treasury.

(b) The chairman shall receive as his entire compensation the sum of fifteen thousand ($15,000.00) dollars per annum during the first term of his office, the sum of seventeen thousand five hundred ($17,500.00) dollars per annum during his second term of office and twenty thousand ($20,000.00) dollars per annum during the third term of office. Said salary shall be paid out of the county treasury upon warrants drawn upon the county treasury as other warrants are drawn. In addition to the compensation hereinabove provided, the chairman shall be furnished by the county an automobile with the expenses of the operation thereof and the expenses incurred by said chairman to be paid by the county.

Section 10. The first members of the commission created herein to represent commission districts shall be elected at the general election held in November, 1968, for staggered terms. The commission members so elected to represent commission district numbers one and three shall serve from January 1, 1969, until December 31, 1972, and until their respective successors are elected and qualified. The commission members so elected to represent commission district numbers two and four shall serve from January 1, 1969, until December 31, 1970, and until their respective successors are elected and qualified. All commission members elected in subsequent elections, except members elected to fill vacancies for unexpired terms, shall serve for terms of four years each and until their respective successors are elected and qualified so that two of the commissioner members shall be elected at the general election held every two years.

Section 11. The first chairman of the Board of Commissioners of Roads and Revenues created herein shall be elected at the general elec tion held in November, 1968, and shall serve from January 1, 1969, until December 31, 1972. The chairman and subsequent chairmen shall be elected at the same time as commission members from Districts numbers one and three and shall serve for terms of four years and until his successor is elected and qualified.
Section 12. At the first regular meeting in January of each year, the commission shall elect from its members, a vice chairman. In the event of death, disqualification or resignation of the chairman, he shall perform the duties and authority of the chairman until a new chairman

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is chosen as herein provided. The vice chairman shall preside at com mission meetings in the absence of the chairman, and shall serve for the current calendar year. In the event of a vacancy in the office of vice chairman, the commission shall elect a new vice chairman to serve for the remainder of the calendar year.

Section 13. The Board of Commissioners shall hold regular meetings on Tuesdays of each week at 2:00 o'clock p.m. at the county seat, which meetings shall be open to the public, and may hold such additional meet ings as shall be necessary when called by the chairman or any three members of the commission, provided all members shall have been noti fied at least three days in advance of such special meeting. No official action shall be taken by the commission except in a meeting which is open to the public. The chairman and any two members of the commission, or any three members of the commission, exclusive of the chairman, shall constitute a quorum. No official action shall be taken except upon the affirmative vote of at least three members of the commission. The chair man shall be entitled to the same voting rights as other commission mem bers on questions considered by the commission.

Section 14. The chairman shall be the chief executive officer of the county government, and shall generally supervise, direct, and control the administration of the affairs of the county pursuant to the powers herein conferred upon him and pursuant to the adopted resolutions of the commission in regard to matters reserved to the exclusive jurisdiction of the commission. The chairman shall preside over the meetings of the commission.
Section 15. The commission shall have the power and authority to fix and establish, by apropriate resolution entered on its minutes, policies, rules and regulations governing all matters reserved to its exclusive jur isdiction which policies, rules and regulations when so adopted, with proper entry thereof made the commission minutes, shall be conclusive and binding on the chairman. The policies, rules and regulations so adopted by the commission shall be carried out, executed and enforced by the chairman as chief executive officer of the county and the com mission shall exercise only those administrative powers which are neces sarily and properly incident to its function as a policy-making or rulemaking body or which are necessary to compel enforcement of its adopted resolutions. Any action taken by said chairman which is in conflict with such adopted resolutions and which deals with matters ex clusively reserved to the jurisdiction of the commission shall be null and void and of no effect. The following powers are hereby vested in the commission and reserved to its exclusive jurisdiction:

(a) To levy taxes; (b) To make appropriations; (c) To fix the rates of all other charges;

(d) To authorize the incurring of indebtedness;

(e) To order work done where the cost is to be assessed against benefitted property, and to fix the basis for such assessment;

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(f) To authorize contracts;

(g) To establish, alter, open, close, build, repair or abolish public roads, private ways, bridges and ferries, according to law, provided, however, that the chairman shall have the authority to accept subdivision plats when the requirements established by the commission for subdivi sions have been met;

(h) To establish, abolish, or change election precincts and militia districts according to law;

(i) To allow the insolvent lists for the county;

(j) To accept, for the county, the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county, or by the commissioner or board of commissioners of the county;

(k) To exercise all powers, duty and authority heretofore imposed upon or vested in the Commissioner of Roads and Revenues of Gwinnett County in respect to zoning and planning;

(1) To create and change the boundaries of special taxing districts authorized by law;

(m) To fix the bonds of county oficers where same are not fixed by statute;

(n) To enact any ordinances or other legislation the county may be given authority to enact;

(o) To determine the priority of capital improvements;

(p) To call elections for the voting bonds;

(q) To exercise all of the power and authority heretofore vested by law in the ordinary when sitting for county purposes, and delegated oy law to the Commission of Roads and Revenues of Gwinnett County, together with all power and authority which may hereafter be dele gated by law to the governing authority of the county, by whatever name designated.

Section 16. The commission shall be empowered to require of all county officers reports on the general or specific conduct of the financial affairs of their respective offices.

Section 17. (a) The commission shall have the exclusive power and authority to appoint, remove, and fix the compensation of, within bud getary provisions and in accordance with civil service and merit system laws of Gwinnett County which may now be in force or subsequently adopted, all employees of the county.

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(b) The commission may appoint an executive assistant to the chair man, fix his compensation within budgetary provisions and assign his duties. Said executive assistant shall in general, exercise such routine duties of the chairman as shall be delegated to him by the commission. The executive assistant shall have successfully completed formal training in business administration, engineering or public administration and have had at least two years' experience in one or more of the three fields. The executive assistant shall serve at the pleasure of the commission, who shall be authorized and empowered from time to time to increase, diminish, alter or modify his duties according to their own discretion.

Section 18. The appointment and removal of, and the compensation to be paid to, persons filling offices and positions created by State statute, where not otherwise prescribed by such statute, shall be made and fixed by the commission, within budgetary provisions.

Section 19. (a) The internal organization of the county govern ment hereby established subordinate to and as administrative instru mentalities of the chairman and commission shall be divided into the following departments: (1) Finance; (2) Water; (3) Public Works; (4) Public Safety; (5) Zoning and Planning.

(b) Additional departments may be created, or any two or more departments may be consolidated, from time to time by a majority of the commission, except that the department of finance shall be main tained at all times as a separate and distinct department.

(c) Provided, however, that insofar as the water department is concerned, that the existing laws together with the commitments by the county to the bondholders shall not be in any way nor in any manner interfered with and upon the payment of the indebtedness of the water system, then and in that event, complete control of said water system shall be under the governing authority of Gwinnett County.

Section 20. The department of finance shall be under the control and supervision of the director of finance. The department of finance shall, pursuant to the resolutions adopted by the commission and instrutions given by the chairman, perform the following functions:

(a) Keep and maintain accurate records reflecting the financial affairs of the county;

(b) Compile the annual budget covering all county funds;

(c) Make quarterly allotments of monies appropriated and budgeted to each department, office or agency of the county entitled to receive same;

(d) Maintain current control accounts over the collection and de posit of monies due the county from taxes and other sources;
(e) Examine all claims against the county and make a recommend ation as to payment;

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(f) Maintain budgetary control accounts showing encumbrances for obligations entered into, liquidation of such encumbrances, unen cumbered balances of allotments, unexpended balances of allotments, and unallotted balances of appropriations;

(g) Maintain proprietary accounts of the current assets and of the liabilities of all county funds;

(h) Prepare and issue quarterly financial reports of the operations of all county funds;

(i) Establish rules and regulate purchasing service for all county departments, offices and agencies. Formal, sealed bids, after advertising for same, must be obtained on all purchases exceeding five hundred ($500.00) dollars;

(j) Maintain property control records of all county property, in cluding equipment and stores, and supervise stores;

(k) Plan and prepare for meeting the financial needs of the county, project financial requirements, recommend means of financing those re quirements and advise the chairman and commission on financial mat ters;

(1) Perform such other duties as may be assigned by the chairman and/or commission.

Section 21. The director of finance shall be ex officio clerk of the chairman and commission, and shall keep a proper and accurate book of minutes wherein shall appear all the acts, orders and proceedings of the commission, in chronological order, and a similar book of minutes wherein shall appear, in chronological order, all acts, orders and proceed ings of the chairman. The minute books of the chairman and commission shall be open to public inspection at all times during the regular office hours, and certified copies of any entries therein shall be furnished by the said clerk to any person requesting same upon payment of a reason able fee to be paid into the county treasury as other funds, to be as sessed by the commission in an amount sufficient to defray the cost of preparing same.

Section 22. The chairman shall submit annually to the commission, by not later than December 1, a proposed budget governing expenditures of all county funds, including capital outlay and public works projects, for the following year. The commission shall thereafter hold a public hearing on the budget, giving notice thereof at least ten (10) days in advance by publication of such notice and of the proposed budget in the official organ of Gwinnett County and by posting same at the court house door. The budget shall then be reviewed and adopted or amended by the commission at the first regular meeting in January of the year to which it applies, which budget, when so adopted or amended by the commission, shall constitute the commission's appropriation of all funds for such year. The budget so adopted may be revised during the year only by formal action of the commission in a regular meeting and no

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437

increase shall be made therein without provision also being made for financing same. The proposed budget submitted by the chairman shall be accompanied by a report containing information and data relating to the financial affairs of the county pertinent to arriving at and estab lishing the annual budget. A copy of the budget and of each revision or amendment to same shall be transmitted by the chairman to the grand jury of the Superior Court of Gwinnett County within ten days from the time such budget or amendment thereof is adopted by the commis
sion.

Section 23. No expenditure of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the commission. The chairman shall enforce compliance with this provisions by all departments of county government, including those for elected officers, and to this end shall, through the director and depart ment of finance, institute a system of expenditure of all monies ap propriated and budgeted.

Section 24. The last grand jury impaneled in each year shall obtain bids and employ a certified public accountant for the making of an annual continuous audit of county finances and financial records. The accountant so employed shall be paid by the commissioners out of county funds, and shall perform a complete audit of the financial re cords of the county for the ensuing year, pointing out any irregularities found to exist, and reporting the results of such audit to the grand jury and the commission at least quarterly. Each quarterly and annual re port submitted to the commission shall be filed with the department of finance and be made available to public inspection as other records in such office. The commission shall cause to be published in the official organ of Gwinnett County and posted at the courthouse door a statement of the financial condition of the county as of December 31 and June 30 of each year. The accountant shall transmit to the grand jury of the Superior Court of Gwinnett County a copy of each quarterly and annual report furnished by him to the commission.

PART II.

Section 1. An Act creating a board of commissioners for Gwinnett County, approved August 16, 1915 (Ga. Laws 1915, p. 244), as amended, is hereby amended by striking in their entirety Section 2 and Section 2A and substituting in lieu thereof a new Section 2 to read as follows:

"Section 2. (a) The terms of office of the three members of the board of commissioners of Gwinnett County shall be for six years and until their successors are elected and qualified, and at the gen eral election to be held in November, 1968, said three commissioners shall be elected for staggered terms as follows: There shall be three Commissioner Posts to be designated Commissioner Post 1, Com missioner Post 2. Commissioner Post 3. Each candidate for the office of Commissioner shall designate the Commissioner Post for which he is offering. The Commissioner from Commissioner Post 1 who is elected at said general election to be held in November, 1968, shall be elected for an initial term, beginning on January 1 ( 1969, of two years and until his successor is elected and qualified. The Commissioner from Commissioner Post 2 who is elected at said

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general election to be held in November, 1968, shall be elected for an initial term, beginning on January 1, 1969, of four years and until his successor is elected and qualified. The Commissioner from Commissioner Post 3 who is elected at said general election held in November, 1968, shall be elected for a term, beginning on Jan uary 1, 1969, of six years and until his successor is elected and qualified. Thereafter, the commissioner whose term is expiring shall be elected at the general election immediately preceding the expiration of his term for a term, to begin on January 1 following his election, of six years and until his successor is elected and qualified.

(b) In the event of a vacancy on the board for any reason other than the expiration of a term of office, such vacancy shall not be filled if the remainder of the unexpired term does not exceed six months, and the remaining members of the board shall have full authority to act in all matters just as if all seats on the board were filled. In the event the remainder of the unexpired term exceeds six months, it shall be the duty of the Ordinary of Gwinnett County to call a special election to be held not less than 20 nor more than 30 days after the vacancy occurs for the purpose of electing a person to fill the vacancy for the unexpired term. In the event a person who is elected at a regular election to serve a full term, dies prior to the time he takes office, it shall be the duty of the Ordinary to call a special election to be held not less than 20 nor more than 30 days after the death of such person for the purpose of electing a person to serve the term which the person who dies would have served.
(c) All commissioners may reside anywhere within the ter ritorial limits of Gwinnett County and shall be elected by the quali fied voters of Gwinnett County on a countywide basis. All elec tions for county commissioner of Gwinnett County shall be held and conducted in accordance with the general laws of this State gov erning the election of county officers."
Section 2. Said Act is further amended by striking from Section 8 the following: "seventy-five hundred dollars ($7,500.00)" and "one hundred dollars ($100.00)", and inserting in lieu thereof the following: "ten thousand dollars ($10,000.00)" and "two hundred dollars ($200.00)" respectively, so that when so amended Section 8 shall read as follows:
"Section 8. The county commissioners shall receive an annual salary of ten thousand dollars ($10,000.00), payable in equal monthly installments from the funds of Gwinnett County. In ad dition to said annual salary, each of the commissioners shall receive a monthly expense allowance of two hundred dollars ($200.00), payable from the funds of Gwinnett County, to cover all expenses incurred by said commissioners in their performance of their of ficial duties."
PART III.
Section 1. Not less than thirty nor more than 45 days after the date of the approval of this Act by the Governor, or after it otherwise

THURSDAY, JANUARY 18, 1968

439

becomes law, it shall be the duty of the Ordinary of Gwinnett County to issue the call for an election for the purpose of submitting this Act to the voters of Gwinnett County for the approval of Part I or Part II of this Act, as the case may be. The Ordinary shall set the date of such election for a day not less than 15 nor more than 30 days after the date of the issuance of the call. The Ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Gwin nett County.

The ballot shall have written or printed thereon the words:

"For approval of Part I of the Act repealing the Act creating a Board of County Commissioners of Gwinnett County and creat ing in lieu thereof a new Chairman and Board of Commissioners of Roads and Revenues of Gwinnett County.

"For approval of Part II of the Act amending the Act creating the Board of County Commissioners of Gwinnett County so as to provide six-year staggered terms for the members of said Board, and changing the compensation and expense allowance of the members of said Board."

All persons desiring to vote in favor of Part I of said Act shall vote for Part I, and all persons desiring to vote for Part II of said Act shall vote for Part II. If more than one-half the votes cast are for approval of Part I of said Act, it shall become effective, otherwise it shall be void and of no force and effect. If more than one-half of the votes cast are for approval of Part II of said Act, it shall become ef fective, otherwise it shall be void and of no force and effect.

The expense of such election shall be borne by Gwinnett County. It shall be duty of the Ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State.
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Nash of the 22nd moved that the House adopt the report of the Com mittee of Conference.

On the motion to adopt, the ayes were 104, nays 0.

The report of the Committee of Conference on HB 404 was adopted.

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Mr. Harris of the 118th asked unanimous consent that the following1 Bill of the House be withdrawn from the Committee on Judiciary and referred to the Committee on Defense and Veteran's Affairs:

HB 1081. By Messrs. Ware of the 42nd, Dean of the 20th, Berry of the 110th and others: A Bill to prohibit clerks of the superior courts from charging veterans of certain wars a fee for recording their discharge certificates, so as to prohibit the clerks of the superior courts from charging any veteran a fee for recording his discharge certificate; and for other purposes.
The consent was granted, and HB 1081 was withdrawn from the Committee on Judiciary and referred to the Committee on Defense and Veteran's Affairs.
Mr. Starnes of the 13th asked unanimous consent that the following Bill of the House be recommitted to the Committee on Special Judiciary for further study:
HB 534. By Messrs. Minge, Lowrey and Starnes of the 13th: A Bill to be entitled an Act to amend an Act which authorizes the acceptance and payment of cash bonds from persons charged with viola tion of traffic, game, fish or boating laws, as amended, so as to include within the purview of said Act violation of public drunkenness laws; and for other purposes.

The consent was granted, and HB 534 was recommitted to the Committee on Special Judiciary.
Mr. Shanahan of the 8th asked unanimous consent that the following Bill of the House be recommitted to the Committee on Special Judiciary for further study:
HB 756. By Messrs. Moore of the 20th and Shanahan of the 8th: A Bill to be entitled an Act to amend Code Section 74-9902 relating to the abandonment of children and the penalty therefor, as amended, so as to provide for service of demand before invoking penalties; to repeal conflicting laws; and for other purposes.
The consent was granted, and HB 756 was recommitted to the Committee on Special Judiciary.
The Speaker Pro Tern assumed the Chair.

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441

Under the general order of business, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time:

HB 881. By Messrs. Paris of the 23rd, Wamble of the 90th, Sims of the 131st and others:
A Bill to be entitled an Act to establish a violation point system for the assessment of points for all of the various moving traffic violations occurring with or without the State of Georgia which are committed by holders of Georgia driver's license; and for other purposes.

Mr. Mixon of the 81st moved that HB 881 be tabled.

The motion prevailed, and HB 881 was placed on the table.

HB 901. By Mr. Pickard of the 112th:
A Bill to be entitled an Act to prohibit solicitation of money by means of a false invoice; to make violation a misdemeanor and to provide a civil cause of action; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 128, nays 0.

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

SB 207. By Senators Smith of the 18th and Hall of the 52nd: A Bill to be entitled an Act to amend Code Section 47-102, relating to State Senatorial Districts, as amended, particularly by an Act approved March 29, 1967 (Ga. Laws 1967, p. 159), so as to change the de scriptions and composition of certain Senatorial Districts; to repeal conflicting laws; and for other purposes.
The following amendments were read and adopted:
The House Reapportionment Committee moves to amend SB No. 207 as follows:
By adding in Section 1 of said bill in the language relative to District Number 55, the following: "College Heights 'A', College Heights

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'B'" after the word "Winnona" and before the words "Hooper Alex ander".

Mr. Jones of the 112th moves to amend SB 207 by adding the fol lowing language in the appropriate places.

15. That portion of Muscogee County, more particularly described as follows:

That area south of a point where the centerline of 17th Street intersects the Chattahoochee River and running thence in an easterly direction along the centerline of said 17th Street to the centerline of Dell Drive and running thence south along the centerline of Dell Drive to the south line of Macon Road and running thence in an easterly direction along the south line of said Macon Road to the boundary line of the Fort Benning Military Reservation, and thence easterly along the said reservation line to the east line of said county.

16. That portion of Muscogee County, more particularly described as follows:

That area north of a point where the centerline of 17th Street intersects the Chattahoochee River and running thence in an easterly direction along the centerline of said 17th Street to the centerline of Dell Drive and running thence south along the centerline of Dell Drive to the south line of Macon Road and running thence in a easterlydirection along the south line of said Macon Road to the boundary line of the Fort Benning Military Reservation, and thence easterly along the said reservation line to the east line of Muscogee County.

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Battle Berry, C. E. Berry, J. K. Black Blalock Bond Bostick

Bowen Branch Brantley, H. H. Brown, B. D. Brown, C. Busbee Caldwell Carnes Gates Cato Chandler Cheeks

Cole Collins, J. F. Collins, M. Conner Cooper, B. Cooper, J. R. Cox Crowe, William Dailey Daugherty Davis Dean

DeLong Dent Dickinson Dillon Dodson Dollar Doster Edwards Egan Fallin Farmer Farrar Fleming Floyd Funk Gary Gaynor Gignilliat Graves Grier Gunter Hadaway Hale Hall Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Henderson Higginbotham Hill Hood Howard Howell Hutchinson Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M.

THURSDAY, JANUARY 18, 1968

443

Kaylor Kirksey Knapp Lambert Lambros Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Magoon Malone Mason Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Mullinax Murphy Nash Newton Nimmer Odom Oglesby Pafford Palmer Paris Parker, C. A. Parker, H. W. Peterson Pickard

Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Russell Savage Scarlett Shanahan Sherman Shields Sims Smith, W. L. Snow Starnes Thompson, A. W. Thompson, R. Threadgill Townsend Turner
Tye Underwod Vaughn, C. R. Walling Wamble Ward Ware Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those voting in the negative were Messrs.

Dixon Harris, J. R. Laite Lane, W. J.

Moore, Don C. Nessmith Parrish Rush

Those not voting were Messrs.:

Barfield Bennett Brantley, H. L. Bray

Buck Clarke Colwell Cook

Shuman Smith, G. W. Sweat
Crowe, W. J. Dorminy Douglas Gay

444
Grahl Hamilton Holder Jenkins Jordan, G. Jordan, W. H. Land Leggett Lovell

JOURNAL OF THE HOUSE,

Matthews, D. R. Moore, J. H. Moreland Northeutt Otwell Phillips Simmon Smith, J. R. Smith, V. T.

Stalnaker Steis Sullivan Tucker Vaughan, D. N. Wells Mr. Speaker

On the passage of the Bill, as amended, the ayes were 157, nays 11.

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

Mr. Grahl of the 52nd stated that he had been called from the floor of the House when the roll was called on SB 207, as amended, but had he been present would have voted "aye".

HB 899. By Messrs. Parker of the 55th, Barber of the 24th and Parrar of the 118th:
A Bill to amend an Act establishing an equalized adjusted school prop erty tax digest for each county in the State and for the State as a whole, so as to provide that for the calendar year 1969 the equalized school property tax digest for each county and the State as a whole shall be the same such digests as were prepared by the State Auditor and used for the 1968 calendar year.

The following amendment was read and adopted:
Mr. Lane of the 64th moves to amend HB 899 as follows:
By striking from Section 9 as set out in Section one the following words "Be required to" so that the next to last sentence or Section 9 shall read as follows:
"The State Auditor shall not make a State Ratio study in 1968".

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, as amended, the roll call was ordered and the vote was as follows:

THURSDAY, JANUARY 18, 1968

445

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Battle Berry, C. E. Berry, J. K. Black Blalock Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, C. Buck Busbee Caldwell Games Gates Cato Cheeks Clarke Cole Collins, J. F. Collins, M. Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Dailey Daugherty Davis Dean Dent Dickinson Dillon
Dixon Doster Edwards Egan Fallin Farrar Floyd Funk Gary Gaynor Grahl Graves Grier

Gunter Hadaway Hall Hamilton Hargrett Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Hood Howard Howell Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Kaylor Kirksey Knapp Laite Lambert Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leonard Levitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Mauldin Maxwell McClatchey McCracken
McDaniell Melton Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Mullinax Murphy Nash

Nessmith Newton Nimmer Northcutt Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Poss Potts Ragland Rainey Reaves Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, W. L. Starnes Sweat Thompson, A. W. Thompson, R. Threadgill Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley
Williams Wilson, J. M. Winkles Wood

446

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Those voting in the negative were Messrs.:

Dodson Farmer

Lee, W. E.

Wilson, R. W.

Those not voting were Messrs.:

Barfield Bennett Bond Brown, B. D. Chandler Colwell Crowe, W. J. DeLong Dollar Dorminy Douglas Fleming Gay

Gignilliat Hale Harrington Holder Hutchinson Jenkins Jordan, G. Jordan, W. H. Land Leggett Matthews, D. R. Moreland Odom

Phillips Pickard Richardson Smith, J. R. Smith, V. T. Snow Stalnaker Steis Sullivan Townsend Tucker Wiggins Mr. Speaker

On the passage of the Bill, as amended, the ayes were 162, nays 4.

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

HB 900. By Messrs. Parker of the 55th, Barber of the 24th, Farrar of the 118th and many others:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that a certain percentage of all lapsed funds appropriated to the Department of Educa tion for the purposes of financing the minimum foundation program for the immediately preceding fiscal year shall be taken into account in determining that portion of the estimated cost of the State-wide min imum foundation program to be paid by local funds; and for other purposes.

The following amendment was read:
Mr. Brantley of the 63rd moves to amend HB No. 900 as follows:
By adding in the title before the words "to repeal conflicting laws;" the words "to provide for the percentage of State funds and local funds relative to the cost of the minimum foundation program;".
By striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:

THURSDAY, JANUARY 18, 1968

447

"Section 1. An Act known as the 'Minimum Foundation Pro gram of Education Act', approved January 24, 1964 (Ga. Laws 1964, p. 3), as amended, particularly by an Act approved April 14, 1967 (Ga. Laws 1967, p. 759) is hereby amended by striking Subparagraph (2) of Subsection (B) of Section 22 in its entirety and inserting in lieu thereof a new Subparagraph (2) to read as follows:

'(2) The State Board of Education shall determine the portion of the estimated cost of the State-wide minimum foundation pro gram to be paid by local funds by multiplying the estimated cost of the State-wide minimum foundation program for the school year by the percentage share of the cost of such State-wide program to be paid by local funds on a State-wide basis and then subtracting therefrom the product derived from the multiplication of the per centage used in calculation of the required local effort in the immediately preceding fiscal year by the total of all lapsed funds appropriated to the Department of Education to finance the min imum foundation program of education, provided, however, that the share of the estimated cost of the State-wide minimum foundation program to be paid by local funds shall thereafter be increased at the beginning of each subsequent fiscal school year by one per centage point per year for two years, so that commencing with the 1967-68 fiscal school year and for each fiscal school year there after the State-wide cost of the minimum foundation program shall be shared on the basis of eighty-two percent (82%) State funds and eighteen percent (18%) local funds.'"

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Anderson Ballard Berry, J. K. Black Branch Brantley, H. L. Bray Cato Cheeks Clarke Cole
Collins, J. P. Collins, M. Colwell Conner Dailey Dixon Dollar Doster Edwards

Fallin Funk Gignilliat Hadaway Hall Hargrett Harrington Harrison Howard Johnson, B. Joiner
Kaylor Kirksey Laite Leggett Lovell Matthews, D. R. Mauldin McCracken Mixon

Moate Nessmith Nimmer Pafford Parker, C. A. Parrish Peterson Poss Rainey Reaves Roach
Ross Rowland Stalnaker Sweat Tye Underwood Wells Whaley

448

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Adams Barber Battle Blalock Bond Brown, B. D. Brown, C. Buck Busbee Carnes Gates Chandler Cooper, J. R. Cox Crowe, William Daugherty Davis Dean Dent Dickinson Dillon Dodson Egan Farmer Farrar Floyd Gary Gay Gaynor Grahl Graves Grier Hamilton Harris, J. F. Harris, J. R. Harris, R. W.

Higginbotham Hill Hood Howell Hutchinson Jenkins Johnson, A. S. Jones, C. M. Jones, M. Knapp Lambert Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Magoon Malone Mason Matthews, C. Maxwell McClatchey McDaniell Melton Merritt Miller Moore, Don C. Moore, J. H. Mullinax Murphy Nash

Northcutt Odom Otwell Palmer Paris Parker, H. W. Potts Richardson Rush Savage Scarlett Shanahan Sherman Shields Sims Smith, G. W. Smith, V. T. Smith, W. L. Snow Starnes Thompson, A. W. Threadgill Turner Vaughn, C. R. Walling Wamble Ward Ware Westlake Williams Wilson, J. M.
Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Alexander Barfield Bennett Berry, C. E. Bostick Bo wen Brantley, H. H. Caldwell Cook Cooper, B. Crowe, W. J. DeLong Dorminy Douglas

Fleming Gunter Hale Henderson Holder Jordan, G. Jordan, W. H. Land Moreland Newton Oglesby Phillips Pickard Ragland

Russell Shuman Simmons Smith, J. R. Steis Sullivan Thompson, R. Townsend Tucker Vaughan, D. N. Wiggins Mr. Speaker

THURSDAY, JANUARY 18, 1968

449

On the adoption of the amendment, the ayes were 59, nays 106.

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, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Anderson Ballard
Barber Battle Berry, C. E. Berry, J. K. Black
Blalock Bond Bo wen Branch Brantley, H. H. Brantley, H. L. Bray
Brown, B. D. Brown, C. Buck
Busbee Games
Gates Cato Chandler Cheeks Clarke Cole Collins, J. P. Collins, M. Colwell
Conner Cooper, J. R. Cox
Crowe, William Dailey Daugherty Da vis Dean Dent

Dickinson Dillon Dixon Dodson Dollar Doster Edwards Egan Fallin Farmer Farrar Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway Hall Hamilton Haargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham Hill Hood Howard Howell Hutehinson Jenkins Johnson, A. S.

Johnson, B. Joiner
Jones, C. M. Jones, M. Kaylor Kirksey
Knapp Laite Lambert
Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill)
Lee, W. S. Leggett Leonard Levitas Lewis Longino Lovell
Lowrey Malone
Mason Matthews, C. Matthews, D. R. Mauldin
Maxwell McClatchey McCracken McDaniell Merritt Miller
Mixon Moate Moore, Don C. Moore, J. H. Mullinax Murphy

450
Nash Nessmith Newton Nimmer Northcutt Odom Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Poss Potts Ragland Rainey Reaves Richardson

JOURNAL OF THE HOUSE,

Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Sweat

Thompson, A. W. Thompson, R. Threadgill Turner Tye Underwood Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs. :

Alexander Barfield Bennett Bostrck Caldwell Cook Cooper, B. Crowe, W. J. DeLong Dorminy Douglas

Fleming Hale Henderson Holder Jordan, G. Jordan, W. H. Land Magoon Melton Moreland Oglesby

Phillips Pickard Simmons Steis Sullivan Townsend Tucker Vaughan, D. N. Wiggins Mr. Speaker

On the passage of the Bill, the ayes were 173, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Henderson of the 102nd stated that he had been called from the floor of the House when the roll was called on the amendment to HB 900, but had he been present would have voted "nay".
HR 411-917. By Messrs. Richardson of the 116th, Clarke of the 45th, Buck of the 112th and others:
A RESOLUTION
Proposing a constitutional amendment to provide that the General Assembly shall be authorized to provide by law any requirements it deems necessary relative to the State Board of Pardons and Paroles

THURSDAY, JANUARY 18, 1968

451

exercising its powers and carrying out its duties, including provisions requiring that a minimum number of years or a minimum part of any sentence shall be served before eligibility for parole; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:

SECTION 1

Article V, Section I of the Constitution is hereby amended by strik ing from Paragraph XI the last sentence which reads as follows:

"The General Assembly may enact laws in aid of, but not inconsistent with, this amendment.";

and by adding a new paragraph immediately following said Paragraph XI to be designated Paragraph XIA to read as follows:

"Paragraph XIA. Any provisions contained in Paragraph XI to the contrary notwithstanding, the General Assembly is hereby authorized to provide by law any requirements it deems necessary relative to the State Board of Pardons and Paroles exercising its powers and carrying out its duties including provisions requiring that a minimum number of years or a minimum part of any sentence shall be served before eligibility for parole. From and after the effective date of this Paragraph, a unanimous vote of the Board shall be required to commute a sentence of death to life imprison ment, and if any member for any cause is unable to serve in any such case, the Governor shall act as the third member of said Board."

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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 the General Assembly shall be authorized to pro vide by law any requirements it deems necessary rela-
NO ( ) tive to the State Board of Pardons and Paroles exercising its powers and carrying out its duties, including provisions requiring that a minimum number of years or a minimum part of any sentence shall be served before eligibility for parole?"

452

JOURNAL OF THE HOUSE,

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The following amendment was read and adopted:
Mr. Harris of the 118th moves to amend HR 411-917 by striking the last sentence from proposed Paragraph XI A.

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander
Anderson Ballard Barber Battle
Berry, C. E. Berry, J. K. Blalock Bond
Bostick Branch
Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck
Busbee Carnes Gates
Chandler Cheeks Clarke Cole Colwell

Conner Cooper, B.
Cooper, J. R. Cox Crowe, W. J. Daugherty
Davis DeLong Dent Dillon
Dixon Dodson
Doster Egan Fallin Farmer Farrar Fleming
Floyd Funk Gary
Gay Gaynor Gignilliat Grahl Graves

Gunter Hadaway
Hamilton Hargrett Harrington Harris, J. F.
Harris, J. R. Harris, R. W. Harrison Henderson
Higginbotham Howard
Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner
Jones, C. M. Jones, M. Kaylor
Knapp Laite Lambert Lambros Lane, Dick

THURSDAY, JANUARY 18, 1968

453

Lane, W. J. Lee, W. J. (Bill)
Lee, W. S. Leonard Levitas
Lewis Longino
Lowrey Magoon Malone
Mason Matthews, C. Mauldin Maxwell McClatchey McDaniell
Melton Merritt Miller Moate Moore, Don C. Moore, J. H. Mullinax Murphy Nash

Nessmith Nimmer Otwell Pafford Palmer Paris Parker, C. A. Parrish Peterson Phillips Potts Ragland Rainey Richardson Rush Russell Savage Scarlett Shanahan Sherman Shuman Simmons Sims Smith, G. W. Smith, J. R.

Smith, V. T. Smith, W. L. Snow Starnes Sweat Thompson, A. W. Thompson, R. Threadgill Turner
Tye Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those voting in the negative were Messrs.

Black Caldwell Cato Collins, J. F.
Crowe, William

Dailey Edwards Hall Kirksey Lovell

Mixon Poss Reaves Roach Underwood

Those not voting were Messrs.:

Barfield Bennett Bowen Collins, M. Cook Dean Dickinson Dollar Dorminy Douglas Grier Hale Hill

Holder Hood Jordan, G. Jordan, W. H. Land Leggett Matthews, D. R. McCracken Moreland Newton Northcutt Odom Oglesby

Parker, H. W. Pickard Ross Rowland Shields Stalnaker Steis Sullivan Townsend Tucker Vaughan, D. N. Wiggins Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 151, nays 15.

454

JOURNAL OF THE HOUSE,

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.

HB 916. By Messrs. Richardson of the 116th, Clarke of the 45th, Buck of the 112th, Howard of the 101st and others:
A Bill to be entitled an Act to provide that any person who is sentenced to death upon being convicted of any crime which is punishable by death whose sentence is commuted to life imprisonment shall be required to serve a minimum of 15 years in prison before being eligible for parole; and for other purposes.

By unanimous consent, further consideration of HB 916 was postponed until Monday, January 29th.

Mr. Busbee of the 79th moved that the House do now adjourn until 10:00 o'clock tomorrow morning and the motion prevailed.

The Speaker Pro Tern announced the House adjourned until 10:00 o'clock tomorrow morning.

FRIDAY, JANUARY 19, 1968

455

Representative Hall, Atlanta, Georgia Friday, January 19, 1968

The House met pursuant to adjournment at 10:00 o'clock A.M., this day and was called to order by the Speaker Pro Tern.

Prayer was offered by Eev. Sam Buchanan, Pastor, Vienna Methodist Church^ Vienna, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Mr. Black of the 56th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:

1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

By unanimous consent ,the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

456

JOURNAL OF THE HOUSE,

HB 1086. By Messrs. Scarlett, and Harris of the 85th:
A Bill to be entitled an Act to amend an Act known as the "Brunswick Port Authority Act", so as to provide that a project will not have to necessarily result in the increased use of the port facilties; to provide the sale of bonds shall not be limited by any interest cost limitation; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1087. By Messrs. McDaniel and Howard of the 101st, Snow of the 1st, Wilson and Henderson of the 102nd and Cooper of the 103rd:
A Bill to be entitled an Act to authorize and empower the governing authority of municipalities to provide by resolution, or other appro priate measure, that any person who is a resident of the municipality and who is registered as an elector with the board of registrars shall be eligible to vote in a municipal primary or election; and for other purposes.
Referred to the Committee on State of Republic.

HB 1088. By Mr. Crowe of the 80th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Worth County on an annual salary in lieu of the fee basis of compensation, so as to provide that all uncollected fees, fines, forfeitures, costs, commissions, allowances, penalties, fund, monies, or other perquisites of whatever kind which have accrued to the clerk at the time this Act becomes effective shall be paid to the clerk of the superior court when collected; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1089. By Mr. Grier of the 132nd:
A Bill to be entitled an Act to require the State Board of Education to adopt rules and regulations so that all students, prior to entering the eighth grade, shall have received a blood test for contagious and in fectious diseases, including, but not limited to, venereal diseases; and for other purposes.
Referred to the Committee on Education.

HR 498-1089. By Messrs. Vaughn of the 117th and Wood of the 16th: A Resolution authorizing the conveyance of a certain tract of land to Ira H. Hardin Company; and for other purposes.
Referred to the Committee on State Institutions & Property.

FRIDAY, JANUARY 19, 1968

457

HE 499-1089. By Mr. Knapp of the 109th:
A Resolution compensating Claude H. Renfroe, Jr.; and for other purposes.
Referred to the Committee on Appropriations.

HR 500-1089. By Mr. Knapp of the 109th:
A Resolution compensating R & R Sales Company; and for other purposes.
Referred to the Committee on Appropriations.
HB 1090. By Mr. Westlake of the 119th:
A Bill to be entitled an Act to amend Code Section 56-407A, relating to motor vehicle liability insurance requirements and uninsured motor vehicle coverage, so as to provide that motor vehicles covered by certain liability insurance policies shall be deemed uninsured motor vehicles if the insurance company writing the policy is insolvent; and for other purposes.
Referred to the Committee on Insurance.
HR 501-1090. By Messrs. Wilson and Henderson of the 102nd, McDaniell and Howard of the 101st and Cooper of the 103rd:
A Resolution proposing an amendment to the Constitution so as to provide that residents of the City of Marietta who are 62 years of age or over, or who are totally disabled, and who have an income from all sources not exceeding $5,000.00 per annum shall be granted a homestead exemption of $2,000.00; and for other purposes.
Referred to the Committee on Local Affairs.
HR 502-1090. By Messrs. Egan of the 141st, Oglesby of the 92nd, Wilson of the 109th, Battle of the 116th, Whaley of the 115th and Sherman of the 105th, and others:
A Resolution proposing an amendment to the Constitution, so as to provide for the submission of proposals by a Constitutional Convention in 1969; and for other purposes.
Referred to the Committee on State of Republic.
HR 503-1090. By Messrs. Egan of the 141st, Oglesby of the 92nd, Knapp and Wilson of the 109th, Battle of the 116th, Whaley of the 115th, Sherman of the 105th and others:
A Resolution calling a Constitutional Convention and providing for the procedure and other matters relative therefor; and for other purposes.
Referred to the Committee on State of Republic.

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HB 1091. By Messrs. Farmer of the 29th, Smith of the 114th, Dillon of the 128th, Ballard of the 37th, Nimmer of the 84th and others:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide for the exemption of the sale of drugs by prescription from the tax imposed by said Act; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1092. By Messrs. Farmer of the 29th, Dillon of the 128th, Matthews of the 29th, Hood of the 124th, Edwards of the 57th and others:
A Bill to be entitled an Act to amend an Act providing for compulsory school attendance, so as to change the compulsory school attendance age; and for other purposes.
Referred to the Committee on Education.

HB 1093. By Mr. Rowland of the 48th:
A Bill to be entitled an Act to amend Code Section 40-2002, so as to increase the mileage expense allowance authorized State officials and employees; and for other purposes.
Referred to the Committee on State of Republic.

HR 504-1093. By Mr. Shuman of the 65th:
A Resolution proposing an amendment to the Constitution, so as to create the Bryan County Industrial Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1094. By Mr. Dillon of the 128th:
A Bill to be entitled an Act to provide for permits to acquire firearms; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1095. By Mr. Daugherty of the 134th:
A Bill to be entitled an Act to abolish capital punishment in the State of Georgia; to provide that no crime shall be punishable by death after the effective date of this Act; and for other purposes.
Referred to the Committee on Judiciary.

FRIDAY, JANUARY 19, 1968

459

HB 1096. By Messrs. Dollar and Cato of the 89th:
A Bill to be entitled an Act to provide for the election of the members of the Board of Education of Decatur County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1097. By Messrs. Walling of the 118th and Jenkins of the 119th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenue of DeKalb County, so as to increase the membership of the board; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1098. By Messrs. Walling, Levitas and Farrar of the 118th, Jenkins of the 119th and Vaughn of the 117th:
A bill to be entitled an Act to amend Code Section 34-802, so as to pro vide that in counties having a population of 250,000 and not more than 500,000 all members of the governing authority shall be elected in a non-partisan election held on the last Tuesday in May in each evennumbered year; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1099. By Messrs. Walling, Levitas and Farrar of the 118th, Jenkins of the 119th and Vaughn of the 117th:
A Bill to be entitled an Act to amend an Act entitled "An Act to create and establish in DeKalb County districts from which the members of the County Board of Education of DeKalb County shall be elected", so as to change the date for the election of the members of such board; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1100. By Messrs. Carnes of the 129th, Townsend of the 140th, Gates of the 123rd, Brown of the 135th, and others:
A Bill to be entitled an Act to repeal an Act to establish the license fees which may be charged to any person, firm or corporation with a taxicab franchise and engaged in the taxicab business in all cities having a population of 300,000 or more, so as to provide that the license fee established by this Act shall be the only license fee or business tax such cities shall be authorized to levy and collect; and for other purposes.
Referred to the Committee on Local Affairs.
HR 518-1100. By Messrs. Egan of the 141st, Jones of the 112th, Farrar of the 118th, Townsend of the 140th and others:
A Resolution proposing an amendment to the Constitution so as to

460

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delete therefrom the appropriation to the State Highway Department of the proceeds from motor fuel taxes; and for other purposes.
Referred to the Comimttee on Ways and Means.

By unanimous consent, the rules of the House were suspended in order that the following Resolution of the House could be introduced, read the first time and referred to the Committee on State of Republic:

HR 523-1104. By Messrs. Murphy of the 26th, Caldwell of the 51st, Paris of the 23rd and Lane of the 64th:
A Resolution to create a Constitutional Revision Commission; and for other purposes.
Referred to the Committee on State of Republic.

By unanimous consent, the following Bills and Resolutions of the House were read the second time:

HR 480-1037. By Mr. Parker of the 68th:
A Resolution compensating Mrs. Eura Mae Pope; and for other purposes.

HR 481-1037. By Mr. Johnson of the 40th: A Resolution compensating R. M. McGahee; and for other purposes.

HR 482-1037. By Mr. Parker of the 68th: A Resolution compensating Mr. A. H. Grant; and for other purposes.

HR 483-1037. By Mr. Parker of the 68th: A Resolution compensating Mrs. J. E. Ferguson; and for other purposes.

HR 484-1037. By Mr. Rush of the 75th: A Resolution proposing an amendment to the Constitution, so as to create the Tattnall County Industrial Development Authority; and for other purposes.
HB 1038. By Messrs. Grier of the 132nd and Hood of the 124th: A Bill to be entitled an Act to provide that it shall be unlawful to burn any cross on public or private property; and for other purposes.

FRIDAY, JANUARY 19, 1968

461

HB 1039. By Mr. Malone of the 117th:
A Bill to be entitled an Act to provide that persons, firms, partnerships, corporations or business associations shall have a lien upon certain appliances for the cost of the repairs to such appliances; and for other purposes.

HB 1040. By Messrs. Pickard, Jones and Buck of the 112th, Thompson and Shields of the lllth, Berry and Thompson of the 110th:
A Bill to be entitled an Act to amend Code Section 92-6402, relating to taxes payable in counties in which returns are made, so as to provide that in counties having a population of not less than 150,000 and not more than 179,999, a penalty of 10% of the tax shall accrue on taxes not paid on or before December 20 of each year and interest shall accrue at the rate of 7% per annum on the amount of unpaid taxes and penalty until both taxes and penalty are paid; and for other purposes.

HB 1041. By Messrs. Turner of the 123rd, 'Matthews of the 29th, Brown of the 34th, Snow of the 1st, Sullivan of the 95th and others:
A Bill to be entitled an Act to authorize and empower the governing authority of the several municipalities of this State to prescribe, impose, levy and collect an excise tax on places of amusement, sports or entertain ing and to prescribe, impose, levy and collect an excise tax on the sales price of tickets, fees or charges made for the admission to places of amusement, sports or entertainment and certain other places; and for other purposes.
HB 1042. By Messrs. Harris of the 85th and Harris of the 118th:
A Bill to be entitled an Act to provide for testamentary additions to trusts, to set forth the conditions under which bequests or devises to trusts shall be valid and the manner in which the property so devised or bequeathed shall be administered; and for other purposes.
HB 1043. By Messrs. Harris of the 85th and Harris of the 118th:
A Bill to be entitled an Act to amend Code Section 113-821, so as to provide a residuary bequest or devise to a surviving widow in lieu of dower or year's support or both, shall be subject to debts, taxes, ex penses of administration and similar charges as if the bequest or devise were not in lieu of dower or year's support or both; and for other purposes.
HB 1044. By Mr. Harris of the 85th:
A Bill to be entitled an Act to amend an Act comprehensively revising appellate and other post-trial procedure, so as to redefine what judg ments shall be subject to review; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 1045. By Mr. Bostick of the 93rd:
A Bill to be entitled an Act to amend an Act repealing the charter of the City of Tifton and providing a new charter for said city, so as to change certain provisions relating to the police court; and for other purposes.

HB 1046. By Mr. Bostick of the 93rd:
A Bill to be entitled an Act to amend an Act repealing the charter of the City of Tifton and providing a new charter for said city, so as to provide that city commissioners may reside anywhere within the corporate limits; and for other purposes.

HB 1047. By Mr. Bostick of the 93rd:
A Bill to be entitled an Act to amend an Act repealing the charter of the City of Tifton and providing a new charter for said city, so as to change the compensation of the chairman and the members of the city commission; and for other purposes.

HB 1048. By Messrs. Ware of the 42nd, Dean of the 20th, Gignilliat of the 113th, Gay of the 60th, Russell of the 92nd, Wood of the 16th and Steis of the 100th:
A Bill to be entitled an Act to amend an Act relating to seniority and retirement rights of veterans of World War II, so as to exclude all dishonorably discharged veterans from certain seniority and retirement rights; and for other purposes.

HB 1049. By Messrs. Ware of the 42nd, Dean of the 20th, Gignilliat of the 113th, Gay of the 60th, Russell of the 92nd, Wood of the 16th and Steis of the 100th:
A Bill to be entitled an Act to amend an Act establishing the Georgia State War Veterans' Home, so as to redefine the term "war veterans"; and for other purposes.

HB 1050. By Messrs. Lane of the 54th, Paris of the 23rd, Parker of the 55th, Ward of the 2nd and Caldwell of the 51st:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to provide for an exception rela tive to employment with any State department or agency after retire ment; and for other purposes.

HR 485-1050. By Mr. Jordan of the 78th:
A Resolution proposing an amendment to the Constitution, so as to create the Calhoun County Development Authority; and for otherpurposes.

FRIDAY, JANUARY 19, 1968

463

HR 486-1050. By Messrs. Blalock and Potts of the 33rd:
A Resolution proposing an amendment to Article VII, Section VII, Paragraph I of the Constitution, so as to authorize Coweta County to incur an additional indebtedness for water and sewerage purposes; and for other purposes.

HR 487-1050. By Messrs. Pickard, Jones and Buck of the 112th, Thompson and Shields of the lllth, Berry and Thompson of the 110th:
A Resolution proposing an amendment to the Constitution, so as to provide for the creation of the Muscogee County Airport Commission as a constitutional commission; and for other purposes.

HR 488-1050. By Messrs. Pickard, Jones and Buck of the 112th, Thompson and Shields of the lllth, Berry and Thompson of the 110th:
A Resolution proposing an amendment to the Constitution, so as to authorize the Board of Commissioners of Roads and Revenues of Mus cogee County to provide systems of garbage disposal; and for other purposes.

HB 1051. By Messrs. McCracken of the 49th, Mixon of the 81st, Maxwell of the 106th, Lambert of the 38th and Underwood of the 61st:
A Bill to be entitled an Act to amend Title 34 of the Code of Georgia, relating to elections, so as to provide for additional deputy registrars; to provide that certain tax commissioners or tax collectors shall be a deputy to certain boards of registrars; and for other purposes.

HB 1052. By Messrs. McCracken of the 49th, Mixon of the 81st, Wiggins of the 32nd, Lambert of the 38th and Underwood of the 61st:
A Bill to be entitled an Act to amend Code Chapter 34-13, relating to the conduct of primaries and elections, so as to prescribe additional methods whereby electors may cast their vote; and for other purposes.

HB 1053. By Messrs. McCracken of the 49th, Mixon of the 81st, Wiggins of the 32nd, Lambert of the 38th and Underwood of the 61st:
A Bill to be entitled an Act to amend Code Title 34, relating to elec tions, so as to change the provisions therein relating to the procedure for voting for presidential electors; and for other purposes.

HB 1054. By Messrs. McCracken of the 49th, Mixon of the 81st, Wiggins of the 32nd, Maxwell of the 106th, Lambert of the 38th and Underwood of the 61st:
A Bill to be entitled an Act to amend Code Section 34-1001, relating to the filing of a notice of candidacy, so as to require candidates who are

464

JOURNAL OF THE HOUSE,

the nominees of a political party by virtue of the convention method of nomination, except substitute candidates nominated by the convention method, to file their notice of candidacy at least 60 days prior to the general election; and for other purposes.

HB 1055. By Messrs. McCracken of the 39th, Wiggins of the 32nd, Maxwell of the 106th, Lambert of the 38th and Underwood of the 61st:
A Bill to be entitled an Act to amend Code Chapter 34-7, relating to election districts and polling places, so as to provide that no election district shall contain more than 2,000 electors if at the last general election all persons desiring to do so had not completed voting one hour following the closing of the poll; and for other purposes.

HB 1056. By Messrs. McCracken of the 49th, Mixon of the 81st, Maxwell of the 106th, Lambert of the 38th and Underwood of the 61st:
A Bill to be entitled an Act to amend Code Section 34-1218, relating to the number of votes recorders required to be provided for each election district, so as to provide that at least one vote recorder for each 300 electors or fraction thereof shall be provided by the governing authority in each election district in which vote recorders are used; and for other purposes.

HB 1057. By Messrs. McCracken of the 49th, Wiggins of the 32nd, Maxwell of the 106th, Lambert of the 38th and Underwood of the 61st:
A Bill to be entitled an Act to amend Code Section 34-202, relating to the duties of the State Election Board, so as to change the duties of the State Election Board and authorize them to exercise additional powers as they relate to primaries and elections; and for other purposes.

HB 1058. By Messrs. McCracken of the 49th, Wiggins of the 32nd, Maxwell of the 106th, Lambert of the 38th and Underwood of the 61st:
A Bill to be entitled an Act to amend Code Section 34-205, relating to the compensation of the members of the State Election Board, so as to change their compensation; and for other purposes.

HB 1059. By Messrs. Dorminy of the 72nd, Wells of the 30th and Lowrey of the 13th:
A Bill to be entitled an Act to amend an Act providing for the classi fication of motor vehicles as a separate and distinct class of tangible property for ad valorem taxation purposes, so as to provide that the taxes due on certain motor vehicles owned by a dealer shall not be due until December 20 of each taxable year; and for other purposes.

HB 1060. By Messrs. Bennett, Barfield and Sullivan of the 95th i
A Bill to be entitled an Act to amend an Act creating the City Court of Valdosta (now the City Court of Lowndes County, so as.to provide

FRIDAY, JANUARY 19, 1968

465

for the election of the judge and solicitor of said court; and for other purposes.

HR 489-1060. By Messrs. McCracken of the 49th, Mixon of the 81st, Wiggins of the 32nd, Maxwell of the 106th, Lambert of the 38th and Underwood of the 61st:
A Resolution proposing an amendment to the Constitution, so as to provide that the Lieutenant Governor-Elect shall succeed to the Gov ernorship in the event of the death of the Governor-Elect; and for other purposes.

HR 490-1060. By Messrs. McCracken of the 49th, Mixon of the 81st, Wiggins of the 32nd, Maxwell of the 106th, Lambert of the 38th and Underwood of the 61st:
A Resolution creating an Election Laws Study Committee; and for other purposes.

HB 1061. By Messrs. Wood of the 16th and Vaughn of the 117th:
A Bill to be entitled an Act to provide that the State Highway Depart ment shall have the power to grant permits to Utilities to use or occupy portions of roads or streets on the State Highway System and on other roads and streets in which the Department holds title to the right-ofway; and for other purposes.

HB 1062. By Messrs. Matthews of the 29th, Barber of the 24th, Farmer of the 29th, Moore of the 20th and Lane of the 64th:
A Bill to be entitled an Act to amend an Act creating a professional practices commission and declaring teaching a profession with all the rights, responsibilities and privileges accorded legally recognized pro fessions, so as to remove the provisions relating to the Board of Regents and the University System of Georgia; and for other purposes.

HB 1063. By Messrs. Smith and Cole of the 3rd, Crowe of the 1st, Grier of the 132nd, Johnson of the 25th and Lambros of the 130th:
A Bill to be entitled an Act to create the Georgia Inter-departmental Council on the Handicapped; and for other purposes.

HR 491-1063. By Messrs. Threadgill and Wiggins of the 32nd:
A Resolution proposing an amendment to the Constitution, so as to provide for the homestead exemption from ad valorem taxes levied by municipalities; and for other purposes.

466

JOURNAL OP THE HOUSE,

HE 492-1063. By Messrs. Chandler and Harrington of the 47th:
A Resolution authorizing the conveyance of certain real property located in Baldwin County to the Baldwin County Board of Education; and for other purposes.

HR 493-1063. By Mr. Vaughn of the 117th:
A Resolution authorizing the conveyance of certain real property in Fulton County in exchange for slope easements and certain other real property located in Fulton County; and for other purposes.

HB 1064. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Bill to be entitled an Act creating the Georgia State Scholarship Commission, so as to authorize the Commission to conduct public rela tions and public information programs; and for other purposes.

HB 1065. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Bill to be entitled an Act to create the Georgia Higher Education Assistance Committee; and for other purposes.

HB 1066. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Bill to be entitled an Act to amend an Act creating the Georgia Higher Education Assistance Corporation, so as to make certain changes within the program of guaranteed student loans, so as to comply with the federal requirements relating to guaranteed student loans; and for other purposes.
HB 1067. By Messrs. Adams of the 125th, Winkles of the 120th, Grier of the 132nd, Egan of the 141st, Hood of the 124th and others:
A Bill to be entitled an Act to provide that in all counties of this State having a population of 500,000 or more, the salary of the Clerk of the Superior Court shall be fixed by the County Commission, or other gov erning authorities of such counties, when the budget is adopted for the current year in such county, and shall be payable in equal monthly installments throughout said year; and for other purposes.

HB 1068. By Mr. Smith of the 3rd:
A Bill to be entitled an Act to amend an Act known as the "Georgia Post Mortem Examination Act", so as to change the fees to be paid to the medical examiner for performing dissection of the body, partial

FRIDAY, JANUARY 19, 1968

467

post mortem examination and autopsy, and complete post mortem examination and autopsy; and for other purposes.

HB 1069. By Messrs. Smith and Leonard of the 3rd, Johnson of the 40th and Anderson of the 71st:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to provide that the State Crime Laboratory or other laboratories designated by the Director of the State Crime Laboratory shall be official laboratories for making blood and urine tests; and for other purposes.

HB 1070. By Messrs. Jones, Buck and Pickard of the 112th, Thompson and Shields of the lllth, and Thompson and Berry of the 110th:
A Bill to be entitled an Act to amend an Act relating to the Municipal Court of Columbus, to add a new Section to provide for the dismissal of suits for lack of prosecution, to increase the costs in dispossessory war rant cases where it is necessary to remove the tenant together with his property; and for other purposes.

HB 1071. By Messrs. Starnes, Lowrey and Graves of the 13th, Jones and Buck of the 112th and Thompson of the lllth:
A Bill to be entitled an Act to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt from the tax imposed by said Act all sales by municipalties and counties arising out of their operation of any public transit facility and sales by public transit authorities or charges by such municipalities, counties or author ities for the transportation of passengers upon their conveyances; and for other purposes.

HR 494-1071. By Messrs. Westlake of the 119th, Brown of the 34th, Matthews of the 29th, Lane of the 64th, Odom of the 79th and Ballard of the 37th:
A Resolution to amend a Resolution relating to the Athletic Associations of the University of Georgia and the Georiga School of Technology, so as to include within the provisions the Athletic Associations of all branches of the University System of Georgia; and for other purposes.

HR 495-1071. By Mr. Leggett of the 21st, Mrs. Merritt of the 68th, Messrs. Wilson and Henderson of the 102nd and McDaniell of the 101st:
A Resolution directing the Chairman of the State Properties Control Commission to withhold execution of the lease of the Western and Atlantic Railroad to the Louisville and Nashville Railroad until the "General" has been returned to Georgia; and for other purposes.
HB 1072. By Messrs. Smith of the 54th, Williams of the 16th and Pickard of the 112th:
A Bill to be entitled an Act to amend Georgia Code Section 68-633 in order to provide that motor common carriers engaged in interstate

468

JOURNAL OP THE HOUSE,

commerce in this State shall be registered with the Georgia Public Service Commission; and for other purposes.

HB 1073. By Messrs. Smith of the 54th, Williams of the 16th and Pickard of the 112th:
A Bill to be entitled an Act to amend Georgia Code Section 68-525(a), in order to provide that motor carriers engaged in interstate commerce in this State shall register with the Georgia Public Service Commission and for other purposes.

HB 1074. By Messrs. Dollar and Cato of the 89th, Cox of the 127th, Jordan of the 78th, Howell of the 86th, Vaughn of the 117th and others:
A Bill to be entitled an Act to amend an Act creating the office of Georgia Safety Fire Commissioner, so as to change the classification of anhydrous ammonia from the category of a highly flammable substance to the proper classification of hazardous substance; and for other purposes.

HB 1075. By Messrs. Jones of the 112th, DeLong of the 105th, Brantley of the 139th, Daugherty of the 134th and Oglesby of the 92nd:
A Bill to be entitled an Act to prohibit the sale of casualty insurance which protects only the creditor's interest in the property which secures the credit transaction except under certain conditions; and for other purposes.

HB 1076. By Messrs. Jones of the 112th, DeLong of the 105th, Brantley of the 139th, Daugherty of the 134th and Oglesby of the 92nd:
A Bill to be entitled an Act to amend Code Section 56-3304, so as to prohibit the sale of credit life insurance on any installment loan less than a certain amount; and for other purposes.
HB 1077. By Messrs. Jones of the 112th, DeLong of the 105th, Brantley of the 139th, Daugherty of the 134th and Oglesby of the 92nd:
A Bill to be entitled an Act to amend an Act regulating charges and interest on loans secured by secondary security deeds on certain resi dential property subject to a lien or security deed, so as to clarify the provisions relating to secondary security instruments; and for other purposes.
HB 1078. By Messrs. Jones of the 112th, DeLong of the 105th, Brantley of the 139th, Daugherty of the 134th and Oglesby of the 92nd:
A Bill to be entitled an Act to amend an Act known as "The Retail Installment and Home Solicitation Sales Act", so as to redefine certain terms; to clarify the construction of the Act; and for other purposes.

FRIDAY, JANUARY 19, 1968

469

HB 1079. By Mr. Daugherty of the 134th:
A Bill to be entitled an Act to prohibit discrimination because of po litical or religious affiliations or because of race, color or national origin in the hiring, promotion, demotion, or discharging of any employee or applicant for employment in any position in the State government; and for other purposes.

HB 1080. By Messrs. Ware of the 42nd, Dean of the 20th, Berry of the 110th, Steis of the 100th, Gay of the 60th and others:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety and providing for the issuance, revocation, cancellation, and suspension of drivers' licenses, so as to change the requirements for certain honorary drivers' licenses; and for other purposes.

HB 1081. By Messrs. Ware of the 42nd, Dean of the 20th, Berry of the 110th, Steis of the 100th, Gay of the 60th and others:
A Bill to be entitled an Act to prohibit clerks of the superior courts from charging veterans of certain wars a fee for recording their dis charge certificates, so as to prohibit the clerks of the superior courts from charging any veteran a fee for recording his discharge certificate; and for other purposes.

HB 1082. By Mr. Harrison of the 98th:
A Bill to be entitled an Act to amend an Act abolishing the office of county treasurer for the County of Charlton, so as to authorize the governing authority to designate, by resolution, banking institutions located in Charlton County and legally qualified as a state depository under the laws of Georgia, as a depository for the public funds for Charlton County; and for other purposes.

HB 1083. By Mr. Harrison of the 98th:
A Bill to be entitled an Act to amend an Act changing the compensation of the sheriff and the ordinary of Charlton County from a fee system to a salary system, so as to authorize the governing authority to fix the salaries of the deputies employed by the sheriff; and for other purposes.

HB 1084. By Mr. Harrison of the 98th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Charlton County on an annual salary in lieu of the fee basis of compensation, so as to authorize the governing authority to appoint, employ and fix the compensation and terms of deputies, clerks, assistants and other personnel in the office of the clerk of the superior court; and for other purposes.

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JOURNAL OP THE HOUSE,

HR 496-1084. By Mr. Harrison of the 98th: A Resolution proposing an amendment to the Constitution so as to create the Camden County Development Authority; and for other purposes.

HR 497-1084. By Mr. Harrison of the 98th: A Resolution to repeal a resolution relating to the Camden County Development Authority, found in 1967 Ga. Laws, p. 922; and for other purposes.

HB 1085. By Mr. Henderson of the 102nd: A Bill to be entitled an Act to amend an Act providing for family planning services, so as to authorize agencies authorized to provide family planning services to provide such services to any persons; and for other purposes.

Mr. Barber of the 24th, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker: Your Committee on Education has had under consideration the following

Bills and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HR 479-1029. Do Pass.

HB

453. Do Pass, by Substitute.

HB

546. Do Pass, as Amended.

Respectfully submitted,

Barber of the 24th,

Chairman.

Mr. Rainey of the 69th, Chairman of the Committee on Game and Fish, sub mitted the following report:

Mr. Speaker:

Your Committee on Game & Fish has had under consideration the following Bill and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HR 455-1013. Do Pass.

HB

997. Do Pass.

Respectfully submitted,

Rainey of the 69th,

Chairman.

FRIDAY, JANUARY 19, 1968

471

Mr. Harris of the 118th, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills; and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB

853. Do Pass, as Amended.

HB

894. Do Pass.

HB

44. Do Pass, by Substitute.

HR 413- 923. Is Voted Out Without Recommendation.

Respectfully submitted,

Harris of the 118th,

Chairman.

Mr. Clarke of the 45th, Chairman of the Committee on Local Affairs, sub mitted the following report:

Mr. Speaker:

Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1027. Do Pass. HB 1028. Do Pass. HB 1029. Do Pass. HB 1003. Do Pass. HB 1004. Do Pass. HB 1005. Do Pass. HB 1006. Do Pass. HB 1013. Do Pass. HB 1040. Do Pass. HB 1045. Do Pass. HB 1046. Do Pass. HB 1047. Do Pass. HB 1060. Do Pass.

472

JOURNAL OF THE HOUSE,

HB 1067. Do Pass. HB 1070. Do Pass. HB 1082. Do Pass. HB 1084. Do Pass. HB 1083. Do Pass. HR 453-1002. Do Pass. HR 459-1013. Do Pass. HR 487-1050. Do Pass. HR 488-1050. Do Pass.

Respectfully submitted, Clark of the 45th, Chairman.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:

The Senate has adopted by the requisite constitutional majority the following Resolution of the House, to-wit:

HR 418. By Messrs. Smith of the 54th and Busbee of the 79th: A Resolution relative to adjournment; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:

SB 120. By Senator Miller of the 43rd:
A Bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", approved January 11, 1954, as amended, so as to change the punishment for persons convicted of driving or operating a vehicle within this State while under the influence of intoxicating liquors; and for other purposes.

SB 209. By Senator Minish of the 48th:
A Bill to amend an Act entitled "Uniform Act Regulating Traffic on Highways", as amended, so as to change the speed restrictions for ve hicles on certain highways; to repeal conflicting laws; and for other purposes.

FRIDAY, JANUARY 19, 1968

473

SB 220. By Senator Smalley of the 28th:
A Bill to provide that it shall be unlawful for any person, firm or corpo ration to operate any vehicles engaged in carrying gravel, sand or dirt, on the streets, roads or highways without having same covered or en closed; to repeal conflicting laws; and for other purposes.

The Senate has adopted hy the requisite constitutional majority the following Resolutions of the Senate, to-wit:

SR 166. By Senator Coggin of the 35th:
A Resolution commending the Director and members of the Hapeville High School Band; and for other purposes.

SR 167. By Senator Smith of the 18th:
A Resolution paying tribute to the municipal officials and employees of Georgia upon the occasion of the Tenth Annual Georgia Mayors' Day.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:

SB 120. By Senator Miller of the 43rd:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to change the punishment for persons convicted of driving or operating a vehicle within this state while under the influence of intoxicating liquors; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 200. By Senators Smith of the 18th, Broun of the 46th and others:
A Bill to be entitled an Act to amend an Act creating the State Board of Pardons and Paroles, so as to require certain actions taken by the Board; and for other purposes.
Referred to the Committee on Judiciary.

SB 201. By Senators Smith of the 18th, Broun of the 46th and others:
A Bill to be entitled an Act to provide who may appear and practice before the State Board of Pardons and Paroles for a fee, money or other remuneration; and for other purposes.
Referred to the Committee on Judiciary.

474

JOURNAL OF THE HOUSE,

SB 209. By Senator Minish of the 48th:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to change the speed restrictions for vehicles on certain highways; and for other purposes.
Referred to the Committee on Motor Vehicles.

SB 210. By Senator Minish of the 48th:
A Bill to be entitled an Act to amend Code Section 74-111, relating to reports of cruel treatment of children, so as to include dentists among those parties permitted to report cases of cruel treatment of children with immunity from civil or criminal liability; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

SB 220. By Senator Smalley of the 28th:
A Bill to be entitled an Act to provide that it shall be unlawful for any person, firm or corporation to operate any vehicles engaged in carrying gravel, sand or dirt, on the streets, roads or highways without having same covered or enclosed; and for other purposes.
Referred to the Committee on Highways.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Highways and referred to the Committee on Motor Vehicles:

HB 985. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to amend an Act governing and regulating the use of public roads and highways in this State, so as to provide that loads of poles, logs, etc., and prestressed and precast concrete may exceed the length fixed by this Act without requiring a special permit under certain conditions; and for other purposes.

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 1002. By Mr. Jordan of the 78th:
A Bill to be entitled an Act to amend an Act granting a new charter for the City of Leary, so as to change the term of office of the mayor and councilmen; to change the qualifications of the mayor and councilmen; to change the qualifications of electors; to change the procedures con nected with the registration of electors; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

FRIDAY, JANUARY 19, 1968

475

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1011. By Messrs. Matthews and Fallin of the 94th:
A Bill to be entitled an Act to amend an Act creating a new charter for the city of Doerun, so as to establish a Recorder's Court and to provide for a Recorder to preside therein; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, "was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1014. By Messrs. Fleming and Maxwell of the 106th, Dent and Cheeks of the 104th, Sherman and DeLong of the 105th:
A Bill to be entitled an Act to amend the charter of the City of Augusta, so as to provide that the rules of the police department shall designate the title of chief of detectives as captain of detectives and that said rules shall establish the grades of corporal of detective; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, -was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 1018. By Messrs. Fleming and Maxwell of the 106th, Dent and Cheeks of the 104th, Sherman and DeLong of the 105th: A Bill to declare abandoned Alien Park in the City of Augusta; to author ize the sale thereof by the City Council of Augusta for private purposes; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

476

JOURNAL OF THE HOUSE,

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

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:

The Senate has agreed to House Amendment Number Two and has disagreed to House Amendment Number One to the following Bill of the Senate, to-wit:

SB 207. By Senators Smith of the 18th and Hall of the 52nd:
A Bill to amend Code Section 47-102, relating to State Senatorial Dis tricts, as amended, particularly by an Act approved March 29, 1967 (Ga. Laws 1967, p. 159), so as to change the descriptions and composition of certain Senatorial Districts; to repeal conflicting laws; and for other purposes.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreement to House Amendment No. 1 on the same:

SB 207. By Senators Smith of the 18th and Hall of the 52nd:
A Bill to be entitled an Act to amend Code Section 47-102, relating to State Senatorial Districts, as amended; and for other purposes.

Mr. Busbee of the 79th moved that the House insist on its position on House Amendment No. 1.

The motion prevailed, and the House insisted on its position.

Mr. Steis of the 100th asked unanimous consent that the following Bill of the Senate be recommitted to the Committee on Special Judiciary for further study:

SB 91. By Senators Bateman of the 27th, Hall of the 52nd and Maclntyre of the 40th:
A Bill to be entitled an Act to amend Code Chapter 84-14, relating to the regulation of real estate brokers and salesmen, as amended, so as to change the provisions relative to real estate brokers and real estate salesmen; and for other purposes.

The consent was granted, and SB 91 was recommitted to the Committee on Special Judiciary.

FKIDAY, JANUARY 19, 1968

477

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:

The Senate insists on its disagreement to House Amendment No. One, and has appointed a Committee of Conference composed of three Senators to confer with a like Committee on the part of the House on the following Bill of the Senate, to-wit:

SB 207. By Senators Smith of the 18th and Hall of the 52nd:
A Bill to amend Code Section 47-102, relating to State Senatorial Dis tricts, as amended, particularly by an Act approved March 29, 1967 (Ga. Laws 1967, p. 159), so as to change the descriptions and composition of certain Senatorial Districts; to repeal conflicting laws; and for other purposes.

The President has appointed on the part of the Senate, Senators Smith of the 18th, Miller of the 43rd, and Conway of the 41st:

The following Bill of the Senate was taken up for the purpose of considering the Senate's insistence in disagreeing to House Amendment No. 1:

SB 207. By Senators Smith of the 18th and Hall of the 52nd:
A Bill to amend Code Section 47-107, relating to State Senatorial Dis tricts, as amended; and for other purposes.

Mr. Busbee of the 79th moved that a Committee of Conference be appointed to confer with a like committee on the part of the Senate.

The motion prevailed.

The Speaker appointed on the part of the House the following members:

Messrs. Kaylor of the 4th, Walling of the 118th and Caldwell of the 51st.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

478

JOURNAL OF THE HOUSE,

Mr. Speaker:

The Senate has adopted the report of the Committee on Conference on the following Bill of the Senate, to-wit:

SB 207. By Senators Smith of the 18th and Hall of the 52nd:
A Bill to amend Code Section 47-102, relating- to State Senatorial Dis tricts, as amended, particularly by an Act approved March 29, 1967 (Ga. Laws 1967, p. 159), so as to change the descriptions and composition of certain Senatorial Districts; to repeal conflicting laws; and for other purposes.
The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:
SB 207. By Senators Smith of the 18th and Hall of the 52nd: A Bill to be entitled an Act to amend Code Section 47-102, relating to State Senatorial Districts, as amended; and for other purposes.
The following report of the Committee of Conference was read:
CONFERENCE COMMITTEE REPORT ON SENATE BILL NO. 207
The Conference Committee on Senate Bill No. 207 makes the fol lowing report:
1. That the House recede from its position on Amendment No. 1.
2. That Senate Bill No. 207 as it passed the Senate be amended by adding in Section 1 of said bill in the language relative to District No. 55 the following: "College Heights (including "A" and "B")" after the word "Winnona" and before the words "Hooper Alexander".
Respectfully submitted,
For the Senate:
Is/ D. W. Conway, Jr. Conway of the 41st
Is/ Frank G. Miller Miller of the 43rd
/s/ Stanley Smith, Jr. Smith of the 18th
For the House:
/s/ Johnnie L. Caldwell Caldwell of the 51st
Is/ Robert H. Walling Walling of the 118th
/s/ Howard Kaylor Kaylor of the 4th

FRIDAY, JANUARY 19, 1968

479

Mr. Walling of the 118th moved that the House adopt the report of the Com mittee of Conference.

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

Those voting in the affirmative were Messrs.:

Adams Alexander
Anderson Ballard
Barber Barfield Battle
Bennett Berry, C. E. Berry, J. K. Black Blalock
Bond Bostick Bowen Branch Brantley, H. H .
Brantley, H. L.
Bray Brown, B. D. Brown, C. Buck Busbee
Games Cates Chandler Cheeks
Clarke Cole Collins, J. P. Collins, M.
Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Dailey Daugherty Davis
Dean DeLong Dent Dickinson
Dillon Dodson

Dollar Dorminy Edwards Egan Farmer Farrar Fleming Floyd Funk Gary Gay Gignilliat Grahl Graves Grier Gunter Hall Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Hill Hood Howard Howell Hutchinson
Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Kaylor Kirksey Knapp Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas

Lewis Longino Lowrey Malone
Mason Matthews, D. R. Mauldin Maxwell
McClatchey McDaniell Melton
Merritt Miller Mixon Moate
Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris
Parker, C. A. Parrish Peterson Poss Potts Rainey Reaves Richardson Roach Rowland
Rush Russell Savage Shanahan
Sherman Shields

480
Simmons Sims Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis

JOURNAL OF THE HOUSE,

Thompson, A. W. Thompson, R. Townsend Tye Underwood Walling Wamble Ward Wells

Westlake Whaley Wiggins Williams Wilson, J M. Wilson, R. W Winkles Wood

Those voting in the negative were Messrs.:

Dixon Laite

Magoon Smith, G. W.

Sweat

Those not voting were Messrs.:

Caldwell Cato Colwell Crowe, W. J. Doster Douglas Fallin Gaynor Hadaway Hale Hamilton Higginbotham

Holder Jordan, G. Jordan, W. H. Lambert Land Lovell Matthews, C. McCracken Newton Parker, H. W. Phillips Pickard

Ragland Ross Scarlett Shuman Sullivan Threadgill Tucker Turner Vaughan, D. N. Vaughn, C. R.
Ware Mr. Speaker

On the motion, the ayes were 164, nays 5.

The report of the Committee of Conference on SB 207 was adopted.

The following Resolution of the House was read and adopted:

HR 522. By Mr. Harris of the 118th:
A RESOLUTION
WHEREAS, municipal government historically is the oldest form of organized government, and;
WHEREAS, citizen participation in municipal government provides basic expressions of the American Democratic process, and;
WHEREAS, municipalities have the responsibility of providing basic services to foster the health, safety, welfare, comfort and convenience of

FRIDAY, JANUARY 19, 1968

481

the citizens who live in our cities and towns and the environs thereof, and;

WHEREAS, municipalities provide services necessary for manufac turing, business and other industries which provide employment for a vast majority of Georgians, and;

WHEREAS, the municipalities of this state provide centers of re ligious, educational, cultural, social and recreational activity without which civilized progress would be difficult, if not impossible, and;

WHEREAS, the city officials of Georgia have voluntarily sought public office to serve their communities and, through them, their fellowman toward the end that each Georgian may enjoy a full, happy and productive life, and;

WHEREAS, the members of the Georgia General Assembly are fully aware of the contributions of municipal government to the State of Georgia and its people;

NOW, THEREFORE BE IT RESOLVED that the Georgia General Assembly does hereby recognize and pay tribute to the municipal officials and employees of Georgia upon the occasion of the Tenth Annual Georgia Mayors' Day, this January 22, 1968.

Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:

HB 836. By Messrs. Levitas and Harris of the 118th:
A Bill to be entitled an Act to provide criminal penalties with respect to obscene or harassing telephone calls; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Anderson Ballard Barber Barfield Battle Bennett

Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen

Branch Brantley, H. H. Brantley, H. L. Bray Brown, C. Buck Caldwell

482
Carnes Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Dailey Daugherty Da vis Dean Dent Dickinson Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards Egan Fallin Farmer Farrar Floyd Funk Gary Gay Gignilliat Grahl Graves Grier Gunter Hadaway Hall Hamilton Hargrett Harrington Harris, J. R. Harris, R. W. Harrison

JOURNAL OF THE HOUSE,

Henderson Higginbotham Hill Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, W. H. Kaylor Lambert Lambros Lane, Dick Lee, W. J. (Bill) Leggett Leonard Le vitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Odom

Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Pickard Poss Potts Ragland Rainey Reaves Richardson Roach Rush Russell Savage Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sweat Thompson, A. W. Thompson, R. Tye Underwood Vaughn, C. R. Walling Wamble Ward Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Alexander Brown, B. D.

Busbee Crowe, W. J.

DeLong Fleming

Gaynor Hale Harris, J. F. Holder Joiner Jordan, G. Kirksey Knapp Laite

FRIDAY, JANUARY 19, 1968

483

Land Lane, W. J. Lee, W. S. McCracken Oglesby Phillips Ross Rowland Scarlett

Smith, J. R. Sullivan Threadgill Townsend Tucker Turner Vaughan, D. N. Ware Mr. Speaker

On ihe passage of the Bill, the ayes were 172, nays 0.

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

Mr. Busbee of the 79th stated that he was in a committee meeting when the roll was called on HB 836, but had he been present, would have voted "aye".

HB 850. By Messrs. Levitas of the 118th, Egan of the 141st and McClatchey of the 138th:
A Bill to be entitled an Act to adopt the Uniform Deceptive Trade Prac tices Act; to define certain terms; to set forth certain deceptive trade practices; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 114, nays 3.

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

HB 851. By Messrs. Levitas and Harris of the 118th:
A Bill to be entitled an Act to amend Code Chapter 26-19, relating to conspiracy, so as to provide that conspiracy to commit a crime shall be a crime; to provide penalties; and for other purposes.

The following amendment was read:

Mr. Murphy of the 26th moves to amend HB 851 by adding at the end of new Code Section 26-1902 the following:

484

JOURNAL OF THE HOUSE,

"Provided that no person may be convicted of the offense of conspiracy unless he commits some overt act."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Alexander Anderson Ballard Barber Black Bond Brantley, H. L. Brown, B. D. Cole Collins, M. Dailey Daugherty

Dean Dickinson Funk Hadaway Hall Hargrett Henderson Higginbotham Hood Kirksey Laite Lane, W. J.

Those voting in the negative were Messrs.:

Adams Barfield Battle Bennett Berry, C. E. Berry, J. K. Blalock Branch Brantley, H. H. Bray Brown, C. Buck Busbee Carnes Cato Chandler Collins, J. F. Cook Cooper, B. Cooper, J. R. Crowe, William Davis Dent Dillon Dodson Dollar Dorminy Egan Farmer

Farrar Gary Gignilliat Grahl Graves Grier Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hill Howard Hutchinson Jenkins Johnson, B. Joiner Jones, C. M. Jones, M. Kaylor Lambros Lane, Dick Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Lowrey Malone Mason

Leggett Leonard Magoon Murphy Nessmith Northcutt Pafford Parker, C. A. Potts Wells Whaley
Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Merritt Mixon Moate Moore, Don C. Moore, J. H. Odom Otwell Palmer Paris Parrish Peterson Poss Reaves Richardson Rush Savage Shanahan Sherman Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L.

Snow Starnes Steis Sweat Townsend Tye

FRIDAY, JANUARY 19, 1968

485

Underwood Vaughn Walling Wamble Ward Westlake

Wiggins Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Bostick Bowen Caldwell
Gates Cheeks Clarke Colwell Conner Cox Crowe, W. J. DeLong Dixon Doster Douglas Edwards Tallin Fleming Floyd Gay Gaynor Gunter Hale Hamilton

Holder Howell Johnson, A. S. Jordan, G. Jordan, W. H. Knapp Lambert Land Longino Lovell
McCracken Melton Miller Moreland Mullinax Nash Newton Nimmer Oglesby Parker, H. W. Phillips Pickard Ragland

Rainey Roach Eoss Rowland Russell Scarlett Shields Shuman Simmons Stalnaker Sullivan Thompson, A. W. Thompson, R. Threadgill Tucker Turner Vaughan, D. N.
Ware Williams Wilson, J. M. Mr. Speaker

On the adoption of the amendment, the ayes were 35, nays 103.

The amendement was lost.

The following amendments were read and adopted:

Mr. Paris of the 23rd moves to amend HB 851 as follows:

By renumbering Section 2 of said Bill as follows: "Section 2. A co-conspirator may be relieved from the effects of this
Act if he can show that, before the overt act occured, he withdrew his agree ment to commit a crime".

And by renumbering Section 2 as Section 3.

486

JOURNAL OF THE HOUSE,

Mr. Paris of the 23rd moves to amend HB 851 as follows:

By adding in line 6 of Section 1 between the words "any" and "act", the word "overt".

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Anderson Barber Barfield Battle Berry, J. K. Blalock Branch Brantley, H. H. Bray Brown, C. Buck Busbee Games Chandler Cheeks Cole Collins, J. F. Cook Cooper, B. Cooper, J. R. Crowe, William Dailey Davis Dean Dent Dillon Dodson Dollar Egan Farmer Farrar Funk Gary Gignilliat Grahl Graves Grier

Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Higginbotham Hill Howard Hutchinson Jenkins Johnson, B. Joiner Jones, C. M. Jones, M. Kaylor Lambros Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Longino Lowrey Malone
Mason Matthews, C. Matthews, D. R. Mauldin
Maxwell McClatchey McDaniell Melton Merritt Mixon Moate Moore, Don C.

Moore, J. H. Northcutt Odom Otwell Palmer Paris Parrish Peterson Potts Richardson Rush Savage
Shanahan Sherman Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow
Starnes Steis Sweat Townsend Tye Underwood Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake
Wiggins Wilson, R. W. Winkles Wood

FRIDAY, JANUARY 19, 1968

487"

Those voting in the negative were Messrs.:

Alexander Ballard Black Bond Brantley, H. L. Brown, B. D. Cato Collins, M. Daugherty Dickinson

Dorniiny Edwards Hall Henderson Hood Kirksey Laite Lane, Dick Lane, W. J. Leonard

Magoon Murphy Nessmith Parker, C. A. Poss Reaves Simmons Thompson, A. W. Whaley

Those not voting were Messrs.:

Bennett Berry, C. E. Bostick Bowen Caldwell Gates Clarke Colwell Conner Cox Crowe, W. J. DeLong Dixon Doster Douglas Tallin Fleming Floyd Gay Gaynor Gunter Hale

Hamilton Harrison Holder Howell Johnson, A. S. Jordan, G. Jordan, W. H. Knapp Lambert Land Lovell McCracken Miller Moreland Mullinax Nash Newton Nimmer Oglesby Pafford Parker, H. W.

Phillips Pickard Ragland Rainey Roach Ross Rowland Russell Scarlett Shields Shuman Stalnaker Sullivan Thompson, R. Threadgill Tucker Turner Vaughan, D. N. Williams Wilson, J. M. Mr. Speaker

On the passage of the Bill, as amended, the ayes were 112, nays 29.

The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Rainey of the 69th stated he had been called from the floor of the House when the roll was called on HB 851, as amended, but had he been present would have voted "aye".

Pursuant to HR 418, adopted by the House and Senate, the Speaker Pro Tern announced the House adjourned until 10:00 o'clock, Monday morning. January 29,
1968.

488

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, January 29, 1968.

The House met pursuant to adjournment at 10:00 o'clock, A. M., this day and was called to order by the Speaker.

Prayer wag offered by Rev. Milton C. Gardner, Jr., Pastor, First Baptist Church, Vidalia, Georgia.

The roll was called and the following Representatives answered to their names:

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Games Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cook Cooper, B.

Cooper, J. R.
Cox
Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Dollar Doster Douglas Edwards Egan Fallin Farmer Farrar Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hale Hall Hamilton

Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Lewis Longino

MONDAY, JANUARY 29, 1968

489

Lovell Lowrey Magoon Malone Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Moreland Mullinax Nessmith Newton Nimmer
Northcutt Odom Otwell Pafford

Palmer Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Shields Shuman Simmons Sims Smith, G. W. Smith, W. L.

Snow Stalnaker Starnes Steis Sullivan Sweat Thompson, A. W. Thompson, R. Townsend Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Wamble Ward Ware Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Mr. Black of the 56th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journals of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions 2. First reading and reference of House Bills and Resolutions

490

JOURNAL OP THE HOUSE,

3. Second reading of Bills and Resolutions 4. Reports of Standing Committees 5. Third Reading and passage of local uncontested bills 6. First reading and reference of Senate Bills and Resolutions 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

HB 1101. By Mr. Sherman of the 105th:
A Bill to be entitled an Act to amend Code Section 88-108 of the Georgia Health Code, so as to authorize the Department of Public Health to provide, direct and promote measures for the early detection and preven tion of diseases affecting the medical or dental health of the citizens of Georgia; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 1102. By Messrs. Lewis and Newton of the 50th, Parker of the 55th, Black of the 56th, Moate of the 39th:
A Bill to be entitled an Act to amend Code Section 40-2002, so as to increase the mileage expense allowance authorized to State officials and employees; and for other purposes.
Referred to the Committee on State of Republic.

HB 1103. By Messrs. Wilson of the 109th, Clarke of the 45th, Peterson of the 59th, Otwell of the 10th, Ross of the 31st and others:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relating to the allotment of teachers; and for other purposes.
Referred to the Committee on Education.

HR 519-1103. By Mr. Laite of the 109th: A Resolution compensating the City of Macon; and for other purposes.
Referred to the Committee on Appropriations.

HR 520-1103. By Mr. Vaughn of the 117th:
A Resolution authorizing the conveyance of a certain tract of land, with improvements thereon, in Fulton County; and for other purposes.
Referred to the Committee on State Institutions & Property.

MONDAY, JANUARY 29, 1968

491

HR 521-1103. By Messrs. Bostick of the 93rd, Poss of the 17th and Cheeks of the 104th:
A Resolution proposing an amendment to the Constitution so as to increase the amount of loans and scholarships for medical students and to change the provisions relative to the repayment of such loans and scholarships, the State Medical Education Board and the Secretary of said Board; and for other purposes.
Referred to the Committee on University System of Georgia.

HB 1104. By Messrs. Westlake, Davis and Higginbotham of the 119th and Smith of the 117th:
A Bill to be entitled an Act to relieve qualified medical personnel who render emergency treatment in a hospital from civil liability when such emergency treatment is rendered at the direction and under the super vision of the medical authority in charge at such hospital; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HR 524-1104. By Messrs. Parker of the 55th, Lane of the 64th, Farrar of the 118th, Lewis of the 50th, Barber of the 24th and others:
A Resolution directing the State Revenue Commissioner to undertake a complete, exhaustive examination of properties owned by Public utili ties in order to ascertain their true fair market value for ad valorem taxation purposes; and for other purposes.
Referred to the Committee on Industry.

HB 1105. By Mr. Snow of the 1st:
A Bill to be entitled an Act to incorporate the City of Lookout Mountain; and for other purposes.
Referred to the Committee on Local Affairs:

HB 1106. By Gunter of the llth: A Bill to be entitled an Act to amend Code Chapter 56-24, so as to provide that all insurance contracts of accident and sickness, including individual group and blanket policies, and all polices insuring the pay ment of compensation under any public law shall provide that the in sured shall have full freedom of choice in the selection of any doctor or therapist licensed for the treatment of any illness or injury within the scope of his practice; and for other purposes.
Referred to the Committee on Insurance.
*BY UNANIMOUS CONSENT, HOUSE RESOLUTION 523-1104 WAS READ AND REFERRED JANUARY 19, 1968.

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HB 1107. By Mr. Gunter of the llth:
A Bill to be entitled an Act to amend Code Chapter 27-7, so as to provide that it shall not be a requirement that grand jurors sign an indictment in order for the indictment to be legally sufficient, but that the foreman of the grand jury shall sign the indictment before it has any legal effect; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1108. By Mr. Phillips of the 41st:
A Bill to be entitled an Act to provide for the election of members of the Board of Education of Columbia County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1109. By Mr. Phillips of the 41st:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Columbia County, so as to increase the membership of the Board; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1110. By Mr. Phillips of the 41st:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court, sheriff, and tax commissioner of Columbia County on an annual salary, so as to change the compensation of the sheriff; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1111. By Messrs. Harrison of the 98th, Scarlett of the 85th, Whaley of the 115th, Colwell of the 5th, Dent of the 104th, Lane of the 126th, Stalnaker of the 59th, Walling of the 118th and others:
A Bill to be entitled an Act to amend an Act revising, consolidating and superseding the laws of this State relative to game and fish, so as to change the license fees for commercial fishing boats; and for other purposes.
Referred to the Committee on Game and Fish.
HB 1112. By Mr. Harrison of the 98th:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Folkston, so as to authorize the mayor and council to appoint by resolution a city manager; and for other purposes.
Referred to the Committee on Local Affairs.

MONDAY, JANUARY 29, 1968

493

HB 1113. By Mr. Harrison of the 98th:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Folkston, so as to increase and extend the corporate territorial limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1114. By Mr. Harrison of the 98th:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Folkston, so as to authorize and empower the City of Folkston to abandon and close by ordinance portions of certain city streets and alleys; and for other purposes.
Referred to the Committee on Local Affairs.

HR 525-1114. By Mr. Harrison of the 98th:
A Resolution designating Georgia State Routes 40 and 23 and 121 from Interstate 95 through Folkston to the Florida line as the "Okefenokee Parkway"; and for other purposes.
Referred to the Committee on Highways.

HR 526-1114. By Mr. Leggett of the 21st: A Resolution to compensate Paul C. Barton; and for other purposes.
Referred to the Committee on Appropriations.

HB 1115. By Mr. Murphy of the 26th: A Bill to be entitled an Act to amend an Act relating to demand for trial by a person accused of a capital offense, so as to provide that any person accused of a capital offense may enter a demand for a trial at any time; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 1116. By Mr. Murphy of the 26th: A Bill to be entitled an Act to amend Code Section 27-1901, relating to demand by accused for a trial, so as to provide that a demand for a trial may be made at any time; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 1117. By Messrs. Murphy of the 26th, Caldwell of the 51st, Paris of the 23rd and Lane of the 64th: A Bill to be entitled an Act to amend an Act relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to

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authorize the State Board of Corrections to apply for, accept, and expand grants and gifts from the Government of the United States for the establishment, maintenance, or operation of penal rehabilitation pro grams; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 1118. By Messrs. Murphy of the 26th, Caldwell of the 51st, Paris of the 23rd and Lane of the 64th:
A Bill to be entitled an Act to amend an Act relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to authorize the sale of certain goods created by inmates; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 1119. By Messrs. Murphy of the 26th, Caldwell of the 51st, Paris of the 23rd and Lane of the 64th:
A Bill to be entitled an Act to amend an Act relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to authorize the State Board of Corrections to hire out any prisoner subject to the authority of said Board to agencies, bureaus, departments, or other branches of the Government of the United States; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 1120. By Messrs. Murphy of the 26th, Caldwell of the 51st, Paris of the 23rd and Lane of the 64th:
A Bill to be entitled an Act to amend an Act relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to authorize the purchase of certain motor vehicles; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 1121. By Messrs. Murphy of the 26th, Caldwell of the 51st, Paris of the 23rd and Lane of the 64th:
A Bill to be entitled an Act to amend an Act to create the Georgia. Prison Industries Administration; and for other purposes.
Referred to the Committee on State Institutions & Property.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1086. By Messrs. Scarlett, and Harris of the 85th:
A Bill to be entitled an Act to amend an Act known as the "Brunswick Port Authority Act", so as to provide that a project will not have to

MONDAY, JANUARY 29, 1968

495

necessarily result in the increased use of the port facilities; to provide the sale of bonds shall not be limited by any interest cost limitation; and for other purposes.

HB 1087. By Messrs. McDaniel and Howard of the 101st, Snow of the 1st, Wilson and Henderson of the 102nd and Cooper of the 103rd:
A Bill to be entitled an Act to authorize and empower the governing authority of municipalities to provide by resolution, or other appropriate measure, that any person who is a resident of the municipality and who is registered as an elector with the board of registrars shall be eligible to vote in a municipal primary or election; and for other purposes.

HB 1088. By Mr. Crowe of the 80th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Worth County on an annual salary in lieu of the fee basis of compensation, so as to provide that all uncollected fees, fines, forfeitures, costs, commissions, allowances, penalties, fund, monies, or other perquisites of whatever kind which have accrued to the clerk at the time this Act becomes effective shall be paid to the clerk of the superior court when collected; and for other purposes .

HB 1089. By Mr. Grier of the 132nd:
A Bill to be entitled an Act to require the State Board of Education to adopt rules and regulations so that all students, prior to entering the eighth grade, shall have received a blood test for contagious and in fectious diseases, including, but not limited to, venereal diseases; and for other purposes.

HR 498-1089. By Messrs. Vaughn of the 117th and Wood of the 16th:
A Resolution authorizing the conveyance of a certain tract of land to Ira H. Hardin Company; and for other purposes.

HR 499-1089. By Mr. Knapp of the 109th:
A Resolution compensating Claude H. Renfroe, Jr.; and for other purposes.

HR 500-1089. By Mr. Knapp of the 109th:
A Resolution compensating R & R Sales Company; and for other purposes.

HB 1090. By Mr. Westlake of the 119th:
A Bill to be entitled an Act to amend Code Section 56-407A, relating to motor vehicle liability insurance requirements and uninsured motor ve-

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hide coverage, so as to provide that motor vehicles covered by certain liability insurance policies shall be deemed uninsured motor vehicles if the insurance company writing the policy is insolvent; and for other purposes.

HR 501-1090. By Messrs. Wilson and Henderson of the 102nd, McDaniell and Howard of the 101st and Cooper of the 103rd:
A Resolution proposing an amendment to the Constitution so as to provide that residents of the City of Marietta who are 62 years of age or over, or who are totally disabled, and who have an income from all sources not exceeding $5,000.00 per annum shall be granted a homestead exemption of $2,000.00; and for other purposes.

HR 502-1090. By Messrs. Egan of the 141st, Oglesby of the 92nd, Wilson of the 109th, Battle of the 116th, Whaley of the 115th and Sherman of the 105th, and others:
A Resolution proposing an amendment to the Constitution, so as to provide for the submission of proposals by a Constitutional Convention in 1969; and for other purposes.

HR 503-1090. By Messrs. Egan of the 141st, Oglesby of the 92nd, Knapp and Wilson of the 109th, Battle of the 116th, Whaley of the 115th, Sherman of the 105th and others:
A Resolution calling a Constitutional Convention and providing for the procedure and other matters relative thereto; and for other purposes.

HB 1091. By Messrs. Farmer of the 29th, Smith of the 114th, Dillon of the 128th, Ballard of the 37th, Nimmer of the 84th and others:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide for the exemption of the sale of drugs by prescription from the tax imposed by said Act; and for other purposes.

HB 1092. By Messrs. Farmer of the 29th, Dillon of the 128th, Matthews of the 29th, Hood of the 124th, Edwards of the 57th and others:
A Bill to be entitled an Act to amend an Act providing for compulsory school attendance, so as to change the compulsory school attendance age; and for other purposes.
HB 1093. By Mr. Rowland of the 48th:
A Bill to be entitled an Act to amend Code Section 40-2002, so as to increase the mileage expense allowance authorized State officials and employees; and for other purposes.

MONDAY, JANUARY 29, 1968

497

HE 504-1093. By Mr. Shuman of the 65th:
A Resolution proposing an amendment to the Constitution, so as to create the Bryan County Industrial Development Authority; and for other purposes.

HB 1094. By Mr. Dillon of the 128th:
A Bill to be entitled an Act to provide for permits to acquire firearms; and for other purposes.

HB 1095. By Mr. Daugherty of the 134th:
A Bill to be entitled an Act to abolish capital punishment in the State of Georgia; to provide that no crime shall be punishable by death after the effective date of this Act; and for other purposes.

HB 1096. By Messrs. Dollar and Cato of the 89th:
A Bill to be entitled an Act to provide for the election of the members of the Board of Education of Decatur County; and for other purposes.

HB 1097. By Messrs. Walling of the 118th and Jenkins of the 119th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenue of DeKalb County, so as to increase the membership of the board; and for other purposes.

HB 1098. By Messrs. Walling, Levitas and Farrar of the 118th, Jenkins of the 119th and Vaughn of the 117th:
A Bill to be entitled an Act to amend Code Section 34-802, so as to provide that in counties having a population of 250,000 and not more than 500,000 all members of the governing authority shall be elected in a non-partisan election held on the last Tuesday in May in each evennumbered year; and for other purposes.

HB 1099. By Messrs. Walling, Levitas and Farrar of the 118th, Jenkins of the 119th and Vaughn of the 117th:
A Bill to be entitled an Act to amend an Act entitled "An Act to create and establish in DeKalb County districts from which the members of the County Board of Education of DeKalb County shall be elected", so as to change the date for the election of the members of such board; and for other purposes.

HB 1100. By Messrs. Carnes of the 129th, Townsend of the 140th, Cates of the 123rd, Brown of the 135th, and others:
A Bill to be entitled an Act to repeal an Act to establish the license fees which may be charged to any person, firm or corporation with a

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taxicab franchise and engaged in the taxicab business in all cities having a population of 300,000 or more, so as to provide that the license fee established by this Act shall be the only license fee or business tax such cities shall be authorized to levy and collect; and for other purposes.

HR 518-1100. By Messrs. Egan of the 141st, Jones of the 112th, Parrar of the 118th, Townsend of the 140th and others:
A Resolution proposing an amendment to the Constitution so as to delete therefrom the appropriation to the State Highway Department of the proceeds from motor fuel taxes; and for other purposes.

HR 523-1104. By Messrs. Murphy of the 26th, Caldwell of the 51st, Paris of the 23rd and Lane of the 64th:
A Resolution to create a Constitutional Revision Commission; and for other purposes.

SB 120. By Senator Miller of the 43rd:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to change the punishment for persons convicted of driving or operating a vehicle within this state while under the influence of intoxicating liquors; and for other purposes.

SB 200. By Senators Smith of the 18th, Broun of the 46th and others:
A Bill to be entitled an Act to amend an Act creating the State Board of Pardons and Paroles, so as to require certain actions taken by the Board; and for other purposes.

SB 201. By Senators Smith of the 18th, Broun of the 46th and others:
A Bill to be entitled an Act to provide who may appear and practice before the State Board of Pardons and Paroles for a fee, money or other remuneration; and for other purposes.

SB 209. By Senator Minish of the 48th:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways," so as to change the speed restrictions for vehicles on certain highways; and for other purposes.

SB 210. By Senator Minish of the 48th.
A Bill to be entitled an Act to amend Code Section 74-111, relating to reports of cruel treatment of children, so as to include dentists among

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499

those parties permitted to report cases of cruel treatment of children with immunity from civil or criminal liability; and for other purposes.

SB 220. By Senator Smalley of the 28th:
A Bill to be entitled an Act to provide that it shall be unlawful for any person, firm or corporation to operate any vehicles engaged in carrying gravel, sand or dirt, on the streets, roads or highways without having same covered or enclosed; and for other purposes.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:

SB 205. By Senator Gardner of the 1st:
A Bill to prohibit the intentional inhaling of fumes from model glue for the purpose of causing intoxication; to define "model glue"; to prohibit selling and possessing model glue for illegal purposes; to repeal con flicting laws; and for other purposes.

SB 221. By Senator Smalley of the 28th:
A Bill to amend Code Section 114-101, so as to provide the governing authority of any county in this State may provide that the sheriff and deputy sheriffs are deemed to be employees of such county for the pur pose of Workmen's Compensation; to repeal conflicting laws; and for other purposes.

The Senate has adopted by the requisite constitutional majority the following Resolution of the House, to-wit:

HR 111. By Messrs. Snow and Hale of the 1st:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Lookout Mountain Judicial Circuit; and for other purposes.

HR 219. By Mr. Ward of the 2nd:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the clerk of the superior court of Catoosa County; and for other purposes.

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HR 442. By Messrs. Stalnaker and Peterson of the 59th, Dollar of the 89th, and others:
A Resolution requesting the United States Postmaster General to issue a postage stamp commemorating the historic carving on the face of Stone Mountain; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills of the House, to-wit:

HB 847. By Messrs. Lewis and Newton of the 50th:
A Bill to amend an Act creating the City Court of Waynesboro in Burke County, so as to change the compensation of the judge and solicitor of said court; and for other purposes.

HB 848. By Mr. Mauldin of the 18th:
A Bill to amend an Act incorporating the City of Franklin Springs in the County of Franklin, so as to change the terms of office of the Mayor and Councilmen of said City; and for other purposes.

HB 852. By Mr. Howell of the 86th:
A Bill to provide that the Commissioners of Eoads and Revenues of Early County shall be elected by the electors of the entire county; and for other purposes.

HB 858. By Mr. Shuman of the 65th:
A Bill to amend an Act incorporating the City of Springfield, so as to change the date of election for Mayor and Aldermen; and for other purposes.

HB 872. By Mr. Johnson of the 25th:
A Bill to amend an Act incorporating the City of Bowman, in the County of Elbert, to change the term of office of the Mayor from one year to two years and to change the term of office of the Clerk and Treasurer from one year to two years; and for other purposes.
HB 873. By Mr. Johnson of the 25th:
A Bill to amend an Act to change the compensation of the Sheriff of Elbert County, so as to require the Sheriff to furnish to the Board of Commissioners annually a recommended budget for his needs and re quirements as to deputies and their salaries, vehicles, office employees and supplies to operate his office; and for other purposes.

MONDAY, JANUARY 29, 1968

501

HB 902. By Messrs. Cato and Dollar of the 89th:
A Bill to require the Board of Education of Decatur County to publish a summary of all receipts and expenditures of said Board of Education on a monthly basis; and for other purposes.

HB 924. By Messrs. Ware and Mullinax of the 42nd:
A Bill to amend an Act repealing an Act relative to the salaries of officials in certain counties, so as to change the compensation of the sheriff, clerk of superior court, tax commissioner and ordinary of Troup County; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 893. By Messrs. Douglas and Gay of the 60th:
A Bill to amend an Act creating the City Court of Dublin, so as to change the name of the City Court; and for other purposes.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 893. By Messrs. Douglas and Gay of the 60th: A Bill to be entitled an Act to amend an Act creating the City Court of Dublin, so as to change the name of the City Court; and for other purposes.
The following Senate amendment was read: Senate Committee on County and Municipal Government moves to
amend HB 893 as follows: By striking from the title the following: "to provide an effective date;" By striking Section 2 in its entirety. By renumbering Section 3 as Section 2.
Mr. Douglas of the 60th moved that the House agree to the Senate amendment.
On the motion, the ayes were 103, nays 0.

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The motion prevailed, and the Senate amendment to HB 893 was agreed to.

By unanimous consent, the following Bill of the House was recommitted to the Committee on Local Affairs for further study:

HB 1096. By Messrs. Dollar and Cato of the 89th:
A Bill to provide for the election of the members of the Board of Education of Decatur County; and for other purposes.

By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Motor Vehicles and referred to the Committee on In surance :

HR 505. By Mr. Ragland of the 109th: A Resolution creating an interim committee to study all matters relating to automobile liability insurance; and for other purposes.
Mr. Harris of the 118th, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 382-867. Do Pass, by Committee Substitute.
There is also attached hereto and made a part hereof a "Supplemen tal Report of Judiciary Committee relating to the actions of the Com mittee on HR 382-867 and HR 383-867", which is to be considered as an integral part of this report.
Respectfully submitted, Harris of the 118th, Chairman.
MR. SPEAKER:
Your Committee on Judiciary has had under consideration HR 383-867 and, after hearings and deliberations, finds that probable cause exists for the House to consider favorable the adoption of the Articles

MONDAY, JANUARY 29, 1968

503

of Impeachment which have been prepared as a part of the attached Committee Substitute for the above Resolution, relating to J. W. Claxton, and recommends that HR 383-867 do pass by Committee Substitute.

The Committee further recommends that in its consideration of the matter, the House proceed in the following manner:

(1) Recognize and accept the premise that it is the responsibility of the House to consider only whether or not probable cause exists for believing that J. W. Claxton has engaged in conduct which, if proven to be true at a trial in the Senate, would authorize that body to declare that his actions and conduct render him unfit to continue in office.

(2) Recognize, further, that where the Rules of the House are silent as to the conduct of the proceedings that the House should be guided by the same principles as Grand Juries in finding indict ments, this being--essentially--the nature of the proceeding.

(3) Consider as evidence, for the purpose only of determining probable cause, the exhibits tendered to the Committee on January 22, 1968, which are now in the custody of this Committee.

The Committee further recommends that, in the event, Articles of Impeachment are voted by the House, a Board of Managers be elected by the House to prosecute in the Senate. In this connection the Com mittee would ask the Speaker to consider appointing a nominating com mittee to present the names of ten (10) members of the House who voted favorably on the adoption of the Articles of Impeachment, from which list the House would elect, by secret ballot, five (5) to serve as such Board. The Board of Managers should be empowered to hire counsel.
Respectfully submitted,
Harris of the 118th
Chairman.

SUPPLEMENTAL REPORT OF JUDICIARY COMMITTEE RELATING TO THE ACTIONS OF THE COMMITTEE ON HR 382-867 AND HR 383-867

Mr. Speaker:

Pursuant to the provisions of Rule 137 of the House, the standing Committee on Judiciary submits the following supplemental report and recommendations in connection with the official reports filed concurrently herewith:
A. The Resolutions referred to were not initiated by the Committee or by the Attorney General. The Attorney General was directed by the Governor of Georgia to make the investigation which resulted in his report of December 13, 1967. The Resolutions were assigned to the Com mittee by the Speaker, and it has earnestly attempted to perform the responsibility which came with that assignment. Although the phrase

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"witch-hunt" and the word "persecution" have been used in connection with the investigation by the Attorney General and the subsequent pro
ceedings, this Committee expresses to the Attorney General its complete confidence in the State Law Department.

B. As a guide in arriving at its decisions, the Committee used the opinion of the Legislative Counsel, a copy of which is hereto attached.

C. In order to insure a more just and impartial administration in its operation--thus assuring all the citizens of Georgia, as well as the inmates of her prison system, that every inmate will be treated impartial ly, fairly, justly and equitably--the State Board of Pardons and Paroles should immediately implement the following recommendations, to-wit:

1. That formal written rules and regulations of the State Board of Pardons and Paroles be adopted, established, published and disseminated to the public, press, inmates, and all interested parties, requesting same, and that such rules be adhered to on a consistent and standard basis, unless and until changed by an equally formal action by the Board, and
that any revocation or amendment in the rules be published accordingly; and

2. That each Board Member study and consider every case decided by the Board, and that each member render a formal written decision on each case, setting forth in detail his reasons for the action taken by him, and the date same was made; and

3. That an inmate's prospective employment and residence be veri fied, both prior to and subsequent to any release, where applicable, and that pre-release investigations and subsequent parole supervision, insofar as they relate to employment and residence, be increased; and

4. That each person contacting either a member or an employee of the Board be required to register with the Board, stating his full name and address and the full name of the inmate on whose behalf such con tact was made, and that this information be retained in a central register and likewise entered in the inmate's personal files, and that no exceptions be made as to the entry, or the registry, of all contacts, and that a written record be made of all oral and written contacts, and likewise be entered in the inmate's personal file; and

5. That a written memorandum be made by each member and em ployee of the Board of every personal and oral communication made to such member or employee concerning an inmate, and that such memo randum contain in substance the nature, reason, and extent of such communication and be filed in the prisoner's file; and

6. That the Board exercise its independent and discretionary judg ment, as provided by law, when granting remissions to probation; and
7. That prior to the Board's taking any clemency action in regard to an inmate with two previous felony convictions, the Board shall first hold a hearing for the purpose of giving interested persons an oppor tunity to be heard concerning its proposed action, and such notice shall

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505

also be sent, at least five (5) days prior to the time when such hearing is scheduled to be held, to the Solicitor General of the Judicial Circuit in which the inmate was convicted; and

8. That the "action sheet" retained on each inmate be expanded to include sufficient information as to the reasons why each member took the action he did regarding the inmate's case; and

9. That each parolee be classified according to the degree of super vision required for him, and that the Board insure that he receive such supervision, and that, in the event a violation of his parole, revocation proceedings be instituted immediately; and

10. That definite standards be promulgated detailing the procedure by which the Board will consider each type of clemency action authorized by the Board, and that such information be circulated to all inmates of the prison system, and other interested parties requesting such informa tion; and

11. That the conditions of parole be drastically and realistically re vised, and thereafter, strictly enforced, and parole violators be punished by revocation of their parole as soon as practicable; and

12. That a definite and detailed organizational and administrative chain of command be established within the Board and adhered to by the Board, and that each Board Member's responsibility for routine admin istrative duties be eliminated or be drastically curtailed, and that the Board's primary function be limited to the quasi judicial deliberations, determinations, and actions empowered to it by law; and

13. That as soon as practicable and feasible, each prisoner be inter viewed by the Board, or a member thereof, prior to the Board's taking of any action relating to his case; and

14. That all of the Board's official decisions be announced and rendered at previously announced public hearings, to be held at fixed times and places, and that each such decision be preceded by considera tions and determinations by the entire Board, after an opportunity has been afforded to all interested parties to be heard at a preceding hearing held for such purpose.

Respectfully submitted, Is/ J. Robin Harris,
J. Robin Harris, Chairman Representative, llth District

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STATE OF GEORGIA LEGISLATIVE SERVICES COMMITTEE
Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334

January 11, 1968

Honorable Elliott H. Levitas Representative, 118th District State Capitol Atlanta, Georgia 30334

Dear Elliott

This will acknowledge receipt of your letter of January 8, 1968 in which you request my opinion as to whether, in order to impeach a mem ber of the State Board of Pardons and Paroles, it is necessary that such official be charged with a criminal act.

Grounds for impeachment are not prescribed by the Georgia Con stitution or by statute. With relation to the House of Representatives, the only pertinent provision is contained in Article III, Section VI, Para graph III (Ann. Code 2-1803) which provides: "The House of Repre
sentatives shall have the sole power to vote impeachment charges against all persons who shall have been or may be in office." The fact that impeachable offenses are not specifically provided for is immaterial as far as impeachment proceedings are concerned. (See 67 C.J.S. 68b.)

Since impeachment and, in fact, impeachment proceedings are not common occurrences, there is not the abundance of law on this subject that we find in other areas. I am of the opinion, however, that the fol lowing quote from 67 C.J.E. 68b. is an accurate statement of the law as relates to your request.

"The grant of the general power of impeachment properly and sufficiently indicates the causes for its exercise. Under the common law the wrongs justifying impeaching need not be statutory offenses, or even offenses against any positive law, although generally speak ing they are designated as high crimes and misdemeanors. The cause contemplated by a constitutional provision authorizing im peachment of an officer by the legislature should be neither trivial nor capricious, and must be restricted by something of a substantial nature directly affecting the rights and interests of the public, and they must be causes attaching to the qualifications of the officer, or his performance of his duties, showing that he is not a fit or proper person to hold the office." (Also see Ferguson vs. Maddox, [Tex.] 263 S.W. 888, Moulton vs. Scully [Me.] 89 A. 944.)

In answer to your specific question, it is my opinion that, in order for a member of the State Board of Pardons and Paroles to be im-

MONDAY, JANUARY 29, 1968

507

peached, it is not necessary that such official be charged with a criminal act.
Sincerely yours,
Prank H. Edwards
Legislative Counsel

FHE:dm

Mr. Clarke of the 45th, Chairman of the Committee on Local Affairs, sub mitted the following report:

Mr. Speaker:

Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 1088. Do Pass.

HB 1096. Do Pass.

HR 484-1037. Do Pass.

HR 486-1050. Do Pass.

Respectfully submitted, Clarke of the 45th, Chairman.

Mr. Williams of the 16th, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 942. Do Not Pass. HB 932. Do Pass. HB 999. Do Pass. HB 293. Do Not Pass.

508

JOURNAL OF THE HOUSE,

HB 944. Do Not Pass. SB 209. Do Pass.

Respectfully submitted, Williams of the 16th Chairman.

Mr. Chandler of the 47th, Chairman of the Committee on State Institutions and Property, submitted the following report:

Mr. Speaker:

Your Committee on State Institutions and Property, has had under considera tion the following Bill and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recom mendations :

HR

445. Do Pass.

HR 492-1063. Do Pass.

SB

199. Do Pass.

Respectfully submitted,

Colwell of the 5th,

Secretary.

Mr. McCracken of the 49th, Chairman of the Committee on State of Republic, submitted the following report:

Mr. Speaker:

Your Committee on State of Republic has had under consideration the follow ing Bills and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommenda tions:

HB

180. Do Pass.

HB 1023. Do Pass.

HB 1052. Do Pass.

HB 1053. Do Pass.

HB 1054. Do Pass.

HB 1055. Do Pass.

HB 1056. Do Pass.

MONDAY, JANUARY 29, 1968

509

HB 1057. Do Pass.

HB 1058. Do Pass.

HB 1093. Do Pass.

HB 1051. Do Pass, as Amended.

HB

248. Do Pass, as Amended.

HR 490-1060. Do Pass.

HR 489-1060. Do Pass.

SB

181. Do Pass.

HB

874. Do Not Pass.

Respectfully submitted, McCracken of the 49th Chairman.

The following Minority Report of the Committee on State of Republic was received and read:
HOUSE BILL NO. 874
By: ---------------------------------------------- Joe S. Higginbotham Representative, 119th District
Walt Davis Representative, 119th District
Regnald Maxwell, Jr. Representative, 106th District
This Bill provides for an increase of the composition of the State Election Board, as well as providing certain restrictive qualifications for selection.
Presently the Board is composed of the Secretary of State and one member elected by each House of the General Assembly.
As proposed, it would consist of the Secretary of State and two members elected by each House of the General Assembly. Each House would elect one member from the two major political parties of the State.

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JOURNAL OF THE HOUSE,

This Bill is equitable. It provides voting representation on the Board from major political parties. It would give a voice to a party who has had cast for its last candidates for Presidential electors a majority of the vote of this State, and has had cast for its last candidate for Governor of Georgia the largest number cast for any candidate.

The present system of advisors without voting privileges is not re presentative to such political party; it is not representative to the elec torate casting their ballots for any major party without a voting member ship of said Board.

The present law does not provide full enjoyment of the privileges of the citizens whose rights are not protected by party membership upon said Board; the tendered bill so does.

Presently such Board has power to formulate, adopt and promulgate rules regarding election; presently, and as permitted by present law, the Board is composed entirely of membership by one major party. This permits, contrary to all American principles, the permitting of one party to make the rules under which the opposition must operate, particularly as the House has included primaries under the term "elections".

The present law encourages the monopoly of one major political party, contrary to the principles of the people of this State; the proposed bill eliminates this inequity.

Wherefore, this Minority Report is filed recommending House Bill 874 do pass, and consideration thereof requested.

The Speaker called special attention of the members to the following Bills of the House, which had been favorably reported by the Committee on Local Affairs:

HB 1027. By Messrs. Adams of the 125th, Turner and Gates of the 123rd, Brantley of the 139th, Carnes of the 129th and others:
A Bill to be entitled an Act to amend an Act known as the "Retailers' and Consumers' Sales and Use Tax Act", so as to remove the restriction of counties and municipal corporations in this State having a population of more than 300,000 from charging a tax on amusement admissions, rooms, lodgings or accommodations; and for other purposes.
HB 1028. By Messrs. Adams of the 125th, Turner of the 123rd, Winkles of the 120th, Adams of the 128th, Cox of the 127th and others:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta, so as to provide that the mayor and board of aldermen are authorized to prescribe, impose, levy and collect an excise tax not to exceed 2% on the rental or charges for any rooms, lodgings or accommodations rented to transients by any hotel, inn, motel, tourist camp, tourist cabin, or any other place in which rooms, lodgings or

MONDAY, JANUARY 29, 1968

511

accommodations are regularly rented to transients for a consideration, in which hotel services are provided, in the city; and for other purposes.

HB 1029. By Messrs. Adams of the 125th, Turner of the 123rd, Winkles of the 120th, Cox of the 127th, Brantley of the 139th and others:
A Bill to be entitled an Act to authorize and empower the governing authorities of counties in this State, exceeding 400,000 in population, to impose, levy and collect an excise tax on the sales price of tickets, fees or charges made for any furnished room, rooms, lodgings or ac commodations rented to transients; and for other purposes.

The Speaker explained that inasmuch as the Bills could affect many people other than the residents of the City of Atlanta and Fulton County, he would have the revenue-producing measures placed on the general calendar if one member of the House objected to their passage as local Bills.

Messrs. Douglas of the 60th, Parker of the 68th, Floyd of the 7th, Grahl of the 52nd and Mrs. Merritt of the 68th objected and the Speaker ordered the Bills placed on the general calendar.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:

SB 205. By Senator Gardner of the 1st:
A Bill to be entitled an Act to prohibit the intentional inhaling of fumes from model glue for the purpose of causing intoxication; to define "model glue"; to prohibit selling and possessing model glue for illegal purposes; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 221. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend Code Section 114-101, so as to provide the governing authority of any county in this State may provide that the sheriff and deputy sheriffs are deemed to be employees of such county for the purpose of Workmen's Compensation; and for other purposes.
Referred to the Committee on State of Republic.

By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

512

JOURNAL OF THE HOUSE,

HB 1003. By Mr. Caldwell of the 51st:
A Bill to be entitled an Act to change the number of the members of the Thomaston-Upson County Office Building Authority; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 1004. By Mr. Caldwell of the 51st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomaston, so as to provide that the Mayor and Council of said city are authorized to provide by ordinance for the levy of ad valorem taxes on all taxable property for the ordinary current expenses of said city such tax as they may deem necessary and proper; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 1005. By Mr. Caldwell of the 51st:
A Bill to be entitled an Act incorporating the Village of East Thomaston, so as to abolish the Charter of the Village of East Thomaston; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 120, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 1006. By Mr. Caldwell of the 51st: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomaston, so as to change and extend the present corporate limits of said city; and for other purposes.

MONDAY, JANUARY 29, 1968

513

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 1013. By Messrs. Blalock and Potts of the 33rd: A Bill to be entitled an Act to amend an Act placing the sheriff of Heard County on a salary basis in lieu of the fee basis, so as to provide an additional deputy; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1040. By Messrs. Pickard, Jones and Buck of the 112th, Thompson and Shields of the lllth, Berry and Thompson of the 110th: A Bill to be entitled an Act to amend Code Section 92-6402, relating to taxes payable in counties in which returns are made, so as to provide that in counties having a population of not less than 150,000 and not more than 179,999, a penalty of 10% of the tax shall accrue on taxes not paid on or before December 20th of each year and interest shall accrue at the rate of 7% per annum on the amount of unpaid taxes and penalty until both taxes and penalty are paid; and for other pur poses.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1045. By Mr. Bostick of the 93rd: A Bill to be entitled an Act to amend an Act repealing the charter of the City of Tifton and providing a new charter for said city, so as to

514

JOURNAL OF THE HOUSE,

change certain provisions relating to the police court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 1046. By Mr. Bostick of the 93rd: A Bill to be entitled an Act to amend an Act repealing the charter of tli2 City of Tifton and providing a new charter for said city, so as to provide that city commissioners may reside anywhere within the corpo rate limits; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1047. By Mr. Bostick of the 93rd: A Bill to be entitled an Act to amend an Act repealing the charter of the City of Tifton and providing a new charter for said city, so as to change the compensation of the chairman and the members of the city commission; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1060. By Messrs. Bennett, Barfield and Sullivan of the 95th: A Bill to be entitled an Act to amend an Act creating the City Court of Valdosta (now the City Court of Lowndes County), so as to provide for

MONDAY, JANUARY 29, 1968

515

the election of the judge and solicitor of said court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 1067. By Messrs. Adams of the 125th, Winkles of the 120th, Grier of the 132nd, Egan of the 141st, Hood of the 124th and others:
A Bill to be entitled an Act to provide that in all counties of this State having a population of 500,000 or more, the salary of the Clerk of the Superior Court shall be fixed by the County Commission, or other gov erning authorities of such counties, when the budget in adopted for the current year in such county, and shall be payable in equal monthly installments throughout said year; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 1070. By Messrs. Jones, Buck and Pickard of the 112th, Thompson and Shields of the lllth, and Thompson and Berry of the 110th:
A Bill to be entitled an Act to amend an Act relating to the Municipal Court of Columbus, to add a new Section to provide for the dismissal of suits for lack of prosecution, to increase the costs in dispossessory warrant cases where it is necessary to remove the tenant together with his property; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 120, nays 0.

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

516

JOURNAL OF THE HOUSE,

HB 1082. By Mr. Harrison of the 98th:
A Bill to be entitled an Act to amend an Act abolishing the office of county treasurer for the County of Charlton, so as to authorize the governing authority to designate, by resolution, banking institutions located in Charlton County and legally qualified as a state depository under the laws of Georgia, as a depository for the public funds for Charlton County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 1083. By Mr. Harrison of the 98th:
A Bill to be entitled an Act to amend an Act changing the compensation of the sheriff and the ordinary of Charlton County from a fee system to a salary system, so as to authorize the governing authority to fix the salaries of the deputies employed by the sheriff; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 1084. By Mr. Harrison of the 98th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Charlton County on an annual salary in lieu of the fee basis of compensation, so as to authorize the governing authority to appoint, employ and fix the compensation and terms of deputies, clerks, assistants and other personnel in the office of the clerk of the superior court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

MONDAY, JANUARY 29, 1968

517

On the passage of the Bill, the ayes were 120, nays 0.

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

HR 453-1002. By Mr. Jordan of the 78th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Clay County Development Authority; to provide for powers, authority, funds, purposes and procedures connected therewith; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
The Constitution of this State is hereby amended by adding at the end of Article VII, Section VII, Paragraph V, the following:
"A. There is hereby created a body corporate and politic in Clay County to be known as the 'Clay County Industrial Develop ment Authority', hereinafter referred to as the 'Authority', which shall be an instrumentality of Clay County and a public corporation.
"B. The Authority shall consist of the Commissioners of Roads and Revenues of Clay County and the Mayor of the City of Fort Gaines by virtue of their holding of said elective offices. Two additional members of the Authority shall be appointed by a ma jority of the Commissioners of Roads and Revenues of Clay County. They shall be appointed for initial terms of two and four years, respectively, and until their successors are appointed and qualified; thereafter, their successors shall be appointed for terms of four years and until their successors are appointed and qualified. A majority of the members shall constitute a quorum and a majority may act for the Authority in any manner. No vacancy shall impair the power of the Authority to act.
"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Clay County.
"D. The powers of the Authority shall include, but not be limited to, the power:
(1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage land, buildings and property of all kinds within the limits of Clay County;

518

JOURNAL OF THE HOUSE,

(2) To receive and administer gifts, grants and donations and to administer trusts;

(3) To grant, loan and lease without adequate consideration or without any consideration and with and without security, any of its funds and property to private persons and corporations operating or promising to operate any industrial plant or establish ment within Clay County which in the judgment of the Authority will be a benefit to the people of said County. The provisions of this clause shall not be construed to limit any other power of the Authority;

(4) To borrow money, to issue notes, bonds and revenue certi ficates therefor, to execute trust agreements or indentures, and to sell, convey, mortgage pledge and assign any and all of its funds, property and income as security therefor;

(5) To contract with Clay County and other political sub divisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;

(6) To have and exercise usual powers of private corporation except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority;

(7) To encourage and promote the expansion and development of industry, agriculture trade, and commerce and the facilities there for in Clay County, and to make long-range plans therefor, to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Clay County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building or building under construction and the remodeling, renovating, reconstructing, completing of con struction, furnishing and equipping of such building. No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or build ings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking;

MONDAY, JANUARY 29, 1968

5l

(8) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;

(9) To designate officers to sign and act for the Authority generally or in any specific matter;

(10) To do any and all acts and things necessary or con venient to accomplish the purpose and powers of the Authority as herein stated;
"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Clay County.
"F. The Authority shall have the same immunity and exemp tion from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority when in performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority.

"G. The members of the Authority shall receive no compen sation for their services of the Authority.

"H. In addition to the purposes for which Revenue Bonds are now permitted by this Constitution to be issued, the Authority, with the consent of the Board of Commissioners of Roads and Revenues of Clay County, to carry out public purposes of this amendment is hereby authorized to issue Revenue Bonds bearing rate or rates of interest not to exceed 8% and maturing at the years and amounts determined by the Authority and the procedure of valida tion, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as heretofore or hereafter amended, Ga. Code Ann. Supp. Charter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothe cated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture, may provide for foreclosure, or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued.

"I. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or in-

520

JOURNAL OP THE HOUSE,

come may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation.
"J. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Clay County and its citizens, industry, agriculture and trade within the County of Clay, and making long-range plans for such development and ex pansion and the amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose.
"K. This amendment shall be effective immediately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty days after such proclamation.

"L. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentally of Clay County, and the scope of its operations shall be limited to the territory embraced within Clay County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Clay County.
"M. There shall be no limitations upon the amount of debt which the authority may incur, but no debt created by the Authority shall be a debt of Clay County or the State.
"N. In the event any section, subsection, sentence, clause or phrase of this amendment shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this amendment, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The Ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to create the Clay County Industrial Development Authority and to
NO ( ) provide for powers, authority, funds, purposes and procedures connected therewith?"

MONDAY, JANUARY 29, 1968

521

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard
Barber Barfield Battle Bennett
Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch Bray
Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes
Gates Cato Chandler
Cheeks Clarke
Cole Collins, J. P. Collins, M. Colwell

Conner
Cook Cooper, B. Cooper, J. R.
Cox Crowe, William Crowe, W. J. Dailey Daugherty
Davis Dean DeLong
Dent Dickinson Dillon
Dixon Dollar Dorminy
Doster Douglas Edwards Egan
Fallin Farmer Farrar Fleming
Floyd Funk
Gary Gay
Gaynor Gignilliat

Grahl Graves Grier Gunter Hadaway Hall Hargrett Harrington
Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill
Holder Hood
Howard Howell Hutchinson Jenkins Johnson, A. S. Joiner
Jones, C. M. Jones, M. Jordan, W. H. Kaylor Kirksey
Laite Lambert Lambros Lane, Dick

522

JOURNAL OF THE HOUSE,

Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Moate Moore, Don C. Moore, J. H. Moreland Mullinax Murphy

Nash Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parrish Peterson Phillips Pickard Potts Rainey Reaves Richardson Roach Ross Rowland Rush Russell Scarlett Shanahan Sherman Shields

Shuman Sims Smith, G. W. Smith, W. L. Stalnaker Starnes Steis Sullivan Sweat Thompson, A. W. Thompson, R. Townsend Turner Tye Vaughan, D. N. Vaughn, C. R. Wamble Ward Wells Westlake Whaley Wigging Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Brantley, H. H. Brantley, H. L. Dodson Hale Hamilton Johnson, B. Jordan, G. Knapp Land Lane, W. J.

Levitas Mixon Nessmith Newton Parker, H. W. Poss Ragland Savage Simmons Smith, J. R.

Smith, V. T. Snow Threadgill Tucker Underwood Walling Ware Mr. Speaker

On the adoption of the Resolution, the ayes were 177 nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 458-1013. By Messrs. Cheeks and Dent of the 104th, DeLong and Sherman of the 105th, Maxwell and Fleming of the 106th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize Richmond County and the City of Augusta to levy certain taxes; to

MONDAY, JANUARY 29, 1968

523

provide that such political subdivisions shall subsequently reduce the ad valorem taxes on real and personal property based upon the amount of funds received from such additional tax levies; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1
Article VII, Section 1, Paragraph III of the Constitution of Georgia is hereby amended by adding at the end thereof the following:

"The governing authorities of Richmond County and the City of Augusta, subject to the procedure prescribed hereinafter, shall be authorized to levy, within their respective jurisdictions, any tax which is not expressly prohibited by the Constitution or general laws of Georgia. The procedure provided for hereinafter shall not apply to any tax which said governing authorities were authorized to levy prior to the ratification of this paragraph, nor to any tax which said governing authorities may hereafter be authorized to levy by any general law enacted subsequent to such time.

"The governing authority of Richmond County or the City of Augusta, as the case may be, must submit the resolution or ordinance providing for the levy of any such tax as authorized in the preceding paragraph to the voters of their respective jurisdictions for approval or rejection and no such tax shall be levied until approved by the voters of such political subdivision as hereinafter provided. The type of tax, a brief explanation of such tax, and the method under which it is proposed to be levied shall be contained in the resolution or ordinance. Upon the adoption of such resolution or ordinance, the Ordinary of Richmond County, or the person charged with the responsibility for calling elections for the City of Augusta, as the case may be, shall issue within thirty days thereafter the call for a referendum election to determine whether such resolution or ordi nance shall be approved. The ordinary, or city election official, shall set the date of such an election for a day not less than sixty and not more than ninety days after the date of the issuance of the call. The ordinary or city election official shall cause the date and purpose of the election and a copy of the resolution or ordinance to be published once a week for two weeks immediately preceding the date of such election in the official organ of Richmond County. The ballot shall have written or printed thereon the words:

'For approval of the (resolution) (ordinance) providing for the levying of (insert name of tax)'.

'Against approval of the (resolution) (ordinance) providing for the levying of (insert name of tax).'

"If more than one-half of the votes cast on such question are for approval of the resolution or ordinance, such tax shall be levied;

524

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otherwise, such tax shall not be levied. Said elections shall be held pursuant to the provisions of law applicable to special elections, except as otherwise provided for herein. No such tax shall be levied before the beginning of the calendar year immediately suc ceeding the date of approval thereof by the voters. After any such tax has been levied for one year, the governing authority of Rich mond County or the City of Augusta, as the case may be, is hereby given the authority to levy or not to levy such tax for any succeed ing year, all in the discretion of said governing authority and without the necessity of any further approval by the voters."

"When any such tax is levied pursuant to the foregoing para graphs, the governing authority of Richmond County or the City of Augusta, as the case may be, when fixing the ad valorem tax millage rate each year, shall determine the millage rate without regard to this amendment. Said governing authority shall then reduce such millage rate so that the proceeds of the ad valorem property tax levy shall be reduced in an amount which shall not be less than an amount equal to 100% of the total amount of funds received in the immediately preceding year from the levy of any tax authorized by this amendment."

"The provisions of this amendment are not intended to and shall not be construed to limit in any way the obligation of Rich mond County or the City of Augusta to levy ad valorem taxes for bond purposes as required by the provisions of Article VII, Section VII, Paragraph II of the Constitution of Georgia. The jurisdiction of Richmond County includes the entire territory embraced within the territorial limits of Richmond County including the City of Augusta and any other incorporated municipality located therein. The jurisdiction of the City of Augusta includes only that territory embraced within the corporate limits of the City of Augusta as the same are now or may hereafter be defined in ac cordance with applicable laws."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to provide the procedure whereby certain taxes may be levied by Richmond County and the City of Augusta and to
NO ( ) provide for a subsequent reduction of ad valorem taxes on real and personal property based upon the amount of funds received from such additional tax levies?"

MONDAY, JANUARY 29, 1968

525

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson
Ballard Barber Barfield Battle Bennett
Berry, C. E. Berry, J. K.
Black Blalock Bond Bostick
Bo wen Branch Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Games
Gates Cato Chandler Cheeks Clarke Cole Collins, J. F.
Collins, M. Colwell

Conner Cook Cooper, B. Cooper J. R. Cox Crowe, William
Crowe, W. J. Dailey Daugherty
Davis Dean DeLong Dent Dickinson Dillon
Dixon Dollar Dorminy Doster Douglas Edwards Egan Fallin Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor Gignilliat

Grahl Graves Grier Gunter Hadaway Hall Hargrett Harrington Harris, J. F. Harris, J. R. Harris, B. W. Harrison Henderson Higginbotham
Hill Holder Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Joiner
Jones, C. M. Jones, M. Jordan, W. H. Kaylor Kirksey
Laite Lambert Lambros
Lane, Dick

526

JOURNAL OF THE HOUSE,

Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell
McClatchey McCracken McDaniell Melton Merritt Miller Moate Moore, Don C. Moore, J. H. Moreland Mullinax Murphy

Nash Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parrish Peterson Phillips Pickard Potts Rainey Reaves Richardson Roach Ross Rowland Rush Russell Scarlett Shanahan Sherman Shields

Shuman Sims Smith, G. W. Smith, W. L. Stalnaker Starnes Steis Sullivan Sweat Thompson, A. W. Thompson, R. Town send Turner Tye Vaughan, D. N. Vaughn, C. R. Wamble Ward Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Brantley, H. H. Brantley, H. L. Dodson Hale Hamilton Johnson, B.
Jordan, G. Knapp Land Lane, W. J.

Levitas Mixon Nessmith Newton Parker, H. W. Poss Ragland Savage Simmons
Smith, J. R.

Smith, V. T. Snow Threadgill
Tucker Underwood Walling
Ware Mr. Speaker

On the adoption of the Resolution, the ayes were 177 nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority was adopted.

HR 459-1013. By Mr. Caldwell of the 51st:
A RESOLUTION
To amend the Constitution of the State of Georgia so as to authorize the General Assembly to consolidate and combine the Board of Tax As-

MONDAY, JANUARY 29, 1968

527

sessors of real and personal property of the City of Thomaston and the County of Upson, to provide the powers and duties of such joint board of tax assessors, to require that all taxable property in said city and county be returned for taxation to the Tax Commissioner of Upson County and the taxes due thereon paid to said Tax Commissioner, to fix the time for making such returns and paying said taxes, and the manner of enforcement of said taxes, to provide the manner of paying the expenses incurred in such assessment and collection, to authorize the use of joint tax forms and digest; to provide for the submission of the proposed amendment for ratification or rejection; and other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA, and it is hereby resolved by virtue of the authority thereof:

SECTION 1
Article XI, Section 1, Paragraph VI of the Constitution of the State of Georgia is hereby amended by adding thereto the following:
"A. The General Assembly of Georgia shall have the power by general or special law to:
"(1) Consolidate and combine the Board of Tax Assessors of the City of Thomaston and the County of Upson, and to define the jurisdiction, powers and duties thereof, the number, terms, and qualifications of the members of such board, the method of appoint ment and of filling vacancies, and for the removal and remunera tion of said members, and
"(2) Authorize said joint board to assess all taxable real and personal property in said county and city for taxation by either the County of Upson for state, county, school or other ad valorem taxes or by the City of Thomaston for all purposes which may now or hereafter be authorized by law, and
"(3) Require that all property taxable by either said city or county be returned for taxation to the Tax Commissioner of Upson County, Georgia, and that the taxes due thereon to either said city or county be paid to and collected by the Tax Commissioner of Upson County, Georgia, and to fix the time for making such returns and paying said taxes, and
"(4) To provide the manner of enforcing the collection of said city, state, county, school and other ad valorem taxes, and

"(5) Authorize or direct appropriations by said city or county, or by both, or provide otherwise, for the support of said joint board of tax assessors, and

"(6) Fix the amount of compensation to be paid by the City of Thomaston to the Board of Commissioners of Roads and Revenue of Upson County, Georgia, as said city's share of the

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expenses incurred in the operation of the office of said Tax Com missioner and to fix the amount of compensation to be paid by said city to said Tax Commissioner for his services in receiving and collecting said city's taxes, including motor vehicle ad valorem taxes, and

"(7) To authorize the Tax Commissioner of Upson County, Georgia, to prepare and use joint city and county tax forms and digests.

"B. Nothing contained in this amendment shall be construed to apply to corporations or persons now required by law to return their property to the State Revenue Commissioner for ad valorem
taxation.

"C. The authority conferred on the General Assembly by this amendment shall be retroactive to January 1, 1968. Any Act passed after January 1, 1968, germane to the subject matter of this amend ment, whether it be a general or special law or a city charter amend ment, shall be conclusively presumed to have been passed under the authority of this amendment. It is declared that the authority con veyed to the General Assembly by this amendment relates to only one general subject matter and the General Assembly is empowered, but not directed, to exercise such authority by one law or by more than one law pertaining to all or any one or more of said functions, which law or laws may be passed prior to the submission of this amendment for ratification."

SECTION 2

Be it further resolved that when this amendment shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on the journals of each branch with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as is provided in Article XIII, Section I, Paragraph I, of the Constitution of the State of Georgia of 1945, as amended. Such proposed amendment shall be sub mitted as provided in said paragraph of said Constitution.

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

"For ratification of amendment to Article XI, Section I, Para graph VI, of the Constitution of the State of Georgia of 1945, so as to authorize the General Assembly to consolidate and combine the Board of Tax Assessors of the City of Thomaston and of the County of Upson into a single board of tax assessors for said city and county and to require that all taxable property in said city and county be returned to the Tax Commissioner of Upson County and the city and county taxes due thereon paid to said Tax Commission-

"Against ratification of amendment to Article XI, Section 1, Paragraph VI, of the Constitution of the State of Georgia of 1945,

MONDAY, JANUARY 29, 1968

529

so as to authorize the General Assembly to consolidate and combine the Board of Tax Assessors of the City of Thomaston and of the County of Upson into a single board of tax assessors for said city and county and to require that all taxable property in said city and county be returned to the Tax Commissioner of Upson County and the city and county taxes due thereon paid to said Tax Commis sioner."

All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

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 returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Games

Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cook Cooper, B. Cooper J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dickinson

Dillon Dixon Dollar Dorminy Doster Douglas Edwards Egan Fallin Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway

530

JOURNAL OF THE HOUSE,

Hall Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham
Hill Holder Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan, W. H. K aylor Kirksey Laite Lambert Lambros Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Lewis Longino Lovell Lowrey Magoon

Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell
McClatchey McCracken McDaniell Melton Merritt Miller Moate Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nash Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parrish Peterson Phillips Pickard Potts Rainey Reaves Richardson

Roach Ross Rowland Rush Russell Scarlett Shanahan Sherman Shields Shuman Sims Smith, G. W. Smith, W. L. Stalnaker Starnes Steis Sullivan Sweat Thompson, A. W. Thompson, R. Townsend Turner Tye Vaughan, D. N. Vaughn, C. R. Wamble Ward Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Brantley, H. H. Brantley, H. L. Dodson Hale Hamilton Johnson, B. Jordan, G. Knapp Land Lane, W. J.

Levitas Mixon Nessmith Newton Parker, H. W. Poss Ragland Savage Simmons Smith, J. R.

Smith, V. T. Snow Threadgill Tucker Underwood Walling Ware Mr. Speaker

On the adoption of the Resolution, the ayes were 177, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

MONDAY, JANUARY 29, 1968

531

HE 475-1020. By Mr. Black of the 56th:

A RESOLUTION

Proposing an amendment to the Constitution so as to create the Chattahoochee County Industrial Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Article VII, Section VII, Paragraph V of the Constitution is hereby amended by adding at the end thereof the following:

"A. There is hereby created a body corporate and politic to be known as the 'Chattahoochee County Industrial Development Author ity', which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and by that name, style and title said body may contract and be contracted with, sue and be sued, plead and be impleaded, and complain and defend in all court of law and equity.

"B. The Authority shall be composed of five members, three of whom shall be appointed by the governing authority of Chattaho ochee County, and two of whom shall be appointed by the Mayor of the City of Cusseta. The first members shall be appointed for terms of one, two, three, four and five years with the governing authority of Chattahoochee County appointing members for terms of one, three and four years and the Mayor of Cusseta appointing members for terms of two and five years, and all such members shall take office on January 1, 1969. Thereafter, successors shall be ap pointed by the governing authority of the county and the Mayor of Cusseta for terms of five years so that the terms shall remain stag gered. In the event a vacancy occurs on the Authority, for any reason, the governing authority of the county or the Mayor, as the case may be, shall appoint a member to serve the unexpired term. The Authority is hereby empowered to elect its own chairman, vice chair man and secretary from its membership. No member of the gov erning authority of Chattahoochee County or the City of Cusseta shall be eligible to serve as a member of said Authority and only residents of Chattahoochee County shall be eligible for membership on the Authority. The members of the Authority shall receive no compensation for their service on the Authority.
"C. As used in this amendment, the following words and terms shall have the following meanings, unless a different mean ing clearly appears from the context:
1. The word 'Authority' shall mean the Chattahoochee County Industrial Development Authority.
2. The word 'project' shall be deemed to mean and include the acquisition of lands, properties and improvements for deve lopment, expansion and promotion of jobs and payrolls in industry,

532

JOURNAL OF THE HOUSE,

commerce, agriculture, and natural resources; the construction of buildings and plants or the acquisition of equipment for the pur pose of selling, leasing or renting such structures or equipment to private persons, firms or corporations.

3. The term 'cost of project' shall embrace the cost of construction, the cost of all lands, properties, easements, rights and franchises acquired, the cost of machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction, cost of engineering, architectural and legal expenses, and plans and specifications and other expenses necessary or incident to determining the fea sibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project and placing the same in operation; provided, however, that in no event shall entertainment or promotional expense be considered a part of the cost of any project. The funds the Authority may borrow and the interest paid thereon, for interim or temporary financing for any of the above named items for the use of a designated pro ject, pending the issue and validation of revenue anticipation bonds for such project, shall be considered a 'cost of project' which may be paid or repaid from the proceeds of the revenue anticipation bonds authorized herein in paragraph G.

"D. The County of Chattahoochee is expressly authorized to enter into contracts with the Authority as a public corporation.

"E. Any three (3) members shall constitute a quorum for the transaction of the ordinary business of the Authority; however, any action with respect to any project of the Authority must be approved by not less than three (3) affirmative votes.

"F. The Authority shall have powers:

1. To have a seal and alter the same at pleasure.

2. To acquire, hold, and dispose of personal property, in cluding the stock of other corporations, for its corporate pur poses.

3. To enter into contracts for periods of time not in excess of fifty (50) years.

4. To acquire in its own name by purchase, on such terms and conditions, and in such manner as it may deem proper, real
property or liens or easements therein or franchises necessary or convenient for its corporate purposes, and to use the same, and
to lease or make contracts with respect to the use of same or to dispose of same in any manner the Authority deems to its best advantage. If the Authority shall deem it expedient to construct any project or use any project already constructed on lands, the title to which shall then be in the County of Chattahoochee, the governing authority of Chattahoochee County is authorized in its

MONDAY, JANUARY 29, 1968

533

discretion to convey title to such lands, including any improve ments thereon, to the Authority.

5. To appoint and select officers, agents and employees, in cluding engineers, architects, builders, and attorneys, and to fix their compensation.

6. To make contracts, and to execute all instruments neces sary or convenient, including contracts for construction of pro jects and leases and rental and sale of projects, or contracts with respect to the use of projects, which it erects or acquires.

7. To construct, erect, acquire, own, repair, remodel, main tain, extend, improve, sell, equip, expand and to operate and man age projects and to pay the cost of any such project from the proceeds of revenue anticipation certificates or bonds or any other income of the Authority, or from any contribution or loans by persons, firms, or corporations, all of which the Authority is hereby authorized to receive and accept and use.

8. To borrow money for any of its corporate purposes and to execute notes, mortgages, deeds to secure debt, trust deeds and such other instruments as may be necessary or convenient to evidence and secure such borrowing. It is specifically provided that in addition to the pledge of revenue from any project for the payment of revenue anticipation bonds and for the benefit of the bondholders, the Authority is authorized to execute mortgages, deeds to secure debts, trust deeds and such other instruments as may be necessary or convenient covering the property of any particular project as additional security for the bondholders of such project.

9. To exercise any power granted by the laws of the State of Georgia to public or private corporations, performing similar functions, which is not in conflict with the Constitution and laws of the State of Georgia.

10. To do all things necessary or convenient to carry out the powers expressly conferred by this amendment.
11. To adopt, alter or repeal its own bylaws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business.
"G. In addition to the purposes for which Revenue Bonds are now permitted by this Constitution to be issued, the Authority, in order to carry out public purposes of this amendement, is hereby authorized to issue Revenue Bonds bearing rate or rates of interest, not exceeding eight per cent (8%) per annum, and maturity at the years and amounts determined by the Authority, and the procedure of validation, issuance and delivery shall be in all respects in ac-

534

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cordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as heretofore or hereafter amended, Ga. Code Ann. Supp. Charter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned hy pothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure, or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any terms or condition under which such bonds are issued.

"H. The Authority is hereby specifically authorized to pur chase or otherwise acquire land and to improve and develop same so as to make said land more desirable for industrial purposes. Such land acquisition and development may be undertaken by the Author ity at any time whether or not there is at such time a prospective industry considering the purchase or lease of an industrial site in Chattahoochee County. Such land and improvements may be held by the Authority for any length of time it deems desirable, but any sale, lease or other disposition of same when made, shall be subject to the provisions of paragraph J hereof.

"I. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or cor porations shall at any time be used for entertainment, or other pro motional expenses.

"J. All projects of the Authority shall be on a self-liquidating basis, and the Authority shall not make gifts, directly or indirectly, to any person, firm or corporation.

"K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Chat tahoochee County subject to any mortgages, liens, leases or other en cumbrances outstanding against or in respect to said property at that time.
"L. All lands and improvements and personal property, the title to which is vested in the Authority, and all debentures, notes, bonds, and revenue anticipation certificates issued by the Authority shall be exempt from State and local taxation.
"M. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia or the County of Chattahoochee.
"N. The books and records of the Authority shall be audited at least annually, at the expense of the Authority, by a competent auditor. The Authority shall furnish copies of said audit to Chat tahoochee County, and shall publish same one time in all newspapers printed in Chattahoochee County.

MONDAY, JANUARY 29, 1968

535

"O. This amendment, being for the purpose of developing and promoting the public good and the welfare of the County of Chattahoochee and its inhabitants, shall be liberally construed to effect the purposes hereof.

"P. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within the County of Chattahoochee and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes.

"Q. The General Assembly may by law further define and
prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict same, and may likewise furth er regulate the management and conduct of the Authority, provided, however, nothing herein shall be construed so as to authorize the General Assembly to provide by law that the governing authority of Chattahoochee County may levy an ad valorem tax to carry out the purposes of this amendment."

Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to create the NO ( ) Industrial Development Authority?"

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes". All perons desiring to vote against ratifying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

536

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Adams Alexander
Anderson Ballard
Barber Barfield Battle
Bennett Berry, C. E. Berry, J. K. Black
Blalock Bond Bostick
Bowen Branch Bray
Brown, B. D. Brown, C. Buck
Busbee Caldwell
Carnes Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon Dollar Dorminy Doster Douglas Edwards Egan

Fallin Farmer
Farrar Fleming Floyd Funk
Gary Gay Gaynor Gignilliat
Grahl Graves Grier Gunter Hadaway Hall Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howard
Howell Hutchinson Jenkins Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan, W. H. Kaylor Kirksey Laite Lambert Lambros Lane, Dick
Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Lewis Longino
Lovell Lowrey Magoon Malone
Mason Matthews, C.

Matthews, D. R. Mauldin
Maxwell McClatchey McCracken McDaniell
Melton Merritt
Miller Moate Moore, Don C. Moore, J. H. Moreland
Mullinax Murphy
Nash Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer
Paris Parker, C. A.
Parrish Peterson Phillips Pickard Potts
Rainey Reaves Richardson Roach
Ross Rowland Rush Russell Scarlett Shanahan Sherman Shields Shuman Sims Smith, G. W. Smith, W. L. Stalnaker Starnes Steis Sullivan Sweat Thompson, A. W. Thompson, R. Townsend

MONDAY, JANUARY 29, 1968

537

Turner Tye Vaughan, D. N.
Vaughn, C. R. Wamble

Ward Wells Westlake
Whaley Wiggins

Williams Wilson, J. M. Wilson, R. W.
Winkles Wood

Those not voting were Messrs.:

Brantley, H. H. Brantley, H. L. Dodson Hale
Hamilton Johnson, B.
Jordan, G. Knapp Land
Lane, W. J.

Levitas Mixon Nessmith Newton
Parker, H. W. Poss
Ragland Savage Simmons

Smith, J. R. Smith, V. T. Snow Threadgill
Tucker Underwood
Walling Ware Mr. Speaker

On the adoption of the Resolution, the ayes were 177, nays 0.

The Resolution, having received the requisite two-thirds constitutional maj ority, was adopted.

HR 476-1020. By Mr. Black of the 56th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Stewart County Industrial Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section VII, Paragraph V of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic to be known as the 'Stewart County Industrial Development Authority', which shall be deemed to be an instrumentality of the State of Geor gia and a public corporation, and by that name, style and title said body may contract and be contracted with, sue and be sued, plead and be impleaded, and complain and defend in all courts of law and equity.
"B. The Authority shall be composed of eight members, three of whom shall be appointed by the governing authority of Stewart

538

JOURNAL OF THE HOUSE,

County, two of whom shall be appointed by the Mayor of the City of Lumpkin, two of whom shall be appointed by the Mayor of the City of Richland, and one of whom shall be appointed by the Mayor of the City of Omaha. The three members appointed by the gov erning authority of Stewart County shall be appointed for initial terms of two, three, and five years as specified by said governing authority. The two members appointed by the Mayor of Lumpkin shall be appointed for initial terms of one and four years as specified by said Mayor. The two members appointed by the Mayor of Richland shall be appointed for initial terms of two and three years as speci fied by said Mayor. The member appointed by the Mayor of Omaha shall be appointed for an initial term of four years. The first members appointed as provided herein shall take office on January 1, 1969. Thereafter successors shall be appointed, upon the expiration of the initial terms, by the appointing authority for terms of five years so that the terms shall remain staggered. In the event a vacancy occurs on the Authority, for any reason, the appointing authority shall appoint a member to serve the unexpired term. The Authority is hereby empowered to elect its own chairman, vice chairman and secretary from its membership. No member of the governing author ity of Stewart County, the governing authority of the City of Lumpkin, the governing authority of the City of Richland, and the gov erning authority of the City of Omaha shall be eligible to serve as a member of said Authority and only residents of Stewart County shall be eligible for membership on the Authority. The members of the Authority shall receive no compensation for their service on the Authority.

"C. As used in this amendment, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context:

1. The word 'Authority' shall mean the Stewart County In dustrial Development Authority.

2. The word 'project' shall be deemed to mean and include the acquisition of lands, properties and improvements for deve lopment, expansion and promotion of jobs and payrolls in industry, commerce, agriculture, and natural resources; the construction of buildings and plants or the acquisition of equipment for the pur pose of selling, leasing or renting such structures or equipment to private persons, firms or corporations.

3. The term 'cost of project' shall embrace the cost of construction, the cost of all lands, properties, easements, rights and franchises acquired, the cost of machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction, cost of engineering, architectural and legal expenses, and plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expen ses, and such other expenses as may be necessary or incident to thee financing herein authorized, the construction of any project and placing the same in operation; provided, however, that in no event shall entertainment or promotional expense be considered

MONDAY, JANUARY 29, 1968

539

a part of the cost of any project. The funds the Authority may borrow and the interest paid thereon, for interim or temporary financing for any of the above named items for the use of a de signated project, pending the issue and validation of revenue an ticipation bonds for such project, shall be considered a 'cost of project' which may be paid or repaid from the proceeds of the revenue anticipation bonds authorized herein in paragraph "G."

"D. The County of Stewart is expressly authorized to enter into contracts with the Authority as a public corporation.

"E. Any five (5) members shall constitute a qiiorum for the transaction of the ordinary business of the Authority; however, any action with respect to any project of the Authority must be ap proved by not less than five (5) affirmative votes.

"P. The Authority shall have powers:

1. To have a seal and alter the same at pleasure.

2. To acquire, hold, and dispose of personal property, in cluding the stock of other corporation, for its corporate pur poses.

3. To enter into contracts for periods of time not in excess of fifty (50) years.

4. To acquire in its own name by purchase, on such terms and conditions, and in such manner as it may deem proper, real property or liens or easements therein or franchises necessary or convenient for its corporate purposes, and to use the same, and to lease or make contracts with respect to the use of same or to dispose of same in any manner the Authority deems to its best advantage. If the Authority shall deem it expedient to construct any project or use any project already constructed on lands, the title to which shall then be in the County of Stewart, the gov erning authority of Stewart County is authorized in its discretion to convey title to such lands, including any improvements thereon, to the Authority.

5. To appoint and select officers, agents, and employees, in cluding engineers, architects, builders, and attorneys, and to fix their compensation.

6. To make contracts, and to execute all instruments neces sary or convenient, including contracts for construction of projects and leases and rental and sale of projects, or contracts with respect to the use of projects, which it erects or acquires.

7. To construct, erect, acquire, own, repair, remodel, main tain, extend, improve, sell, equip, expand and to operate and man age projects and to pay the cost of any such project from the proceeds of revenue anticipation certificates or bonds or any

540

JOURNAL OF THE HOUSE,

other income of the Authority, or from any contribution or loans by persons, firms, or corporations, all of which the Authority is hereby authorized to receive and accept and use.

8. To borrow money for any of its corporate purposes and to execute notes, mortgages, deeds to secure debt, trust deeds and such other instruments as may be necessary or convenient to evidence and secure such borrowing. It is specifically provided that in addition to the pledge of revenue from any project for the payment of revenue anticipation bonds and for the benefit of the bondholders, the Authority is authorized to execute mortgages, deeds, to secure debts, trust deeds and such other instruments as may be necessary or convenient covering the property of any particular project as additional security for the bondholders of such project.

9. To exercise any power granted by the laws of the State of Georgia to public or private corporations, performing similar functions, which is not in conflict with the Constitution and laws of the State of Georgia.

10. To do all things necessary or convenient to carry out the powers expressly conferred by this amendment.

11. To adopt, alter or repeal its own bylaws, rules and reg ulations governing the manner in which its business may be tran sacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business.
"G. In addition to the purposes for which Revenue Bonds are now permitted by this Constitution to be issued, the Authority, in order to carry out public purposes of this amendment, is hereby au thorized to issue Revenue Bonds bearing rate or rates of interest, not exceeding eight per cent (8%) per annum, and maturity at the years and amounts determined by the Authority, and the procedure of validation, inssuance and delivery shall be in all respects in ac cordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as heretofore or hereafter amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agree ment or indenture not in conflict with the provisions of this amend ment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure, or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any terms or condition under which such bonds are issued.
"H. The Authority is hereby specifically authorized to purchase or otherwise acquire land and to improve and develop same so as to make said land more desirable for industrial purposes. Such land acquisition and development may be undertaken by the Authority at

MONDAY, JANUARY 29, 1968

541

any time whether or not there is at such time a prospective industry considering the purchase or lease of an industrial site in Stewart County. Such land and improvements may be held by the Authority for any length of time it deems desirable, but any sale, lease or other disposition of same when made, shall be subject to the provisions of
Paragraph J hereof.

"I. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or cor porations shall at any time be used for entertainment or other pro motional expenses.

"J. All projects of the Authority shall be on a self-liquidating basis, and the Authority shall not make gifts, directly or indirectly, to any person, firm or corporation.

"K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Stewart County subject to any mortgages, liens, leases or other encumbrances
outstanding against or in respect to said property at that time.

"L. All lands and improvements and personal property, the title to which is vested in the Authority, and all debentures, notes, bonds, and revenue anticipation certificates issued by the Authority shall be
exempt from State and local taxation.

"M. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia or the County of Stewart.

"N. The books and records of the Authority shall be audited at least annually, at the expense of the Authority, by a competent auditor. The Authority shall furnish copies of said audit to Stewart County, and shall publish same one time in all newspapers printed in
Stewart County.

"0. This amendment, being for the purpose of developing and promoting the public good and the welfare of the County of Stewart and its inhabitants, shall be liberally construed to effect the pur poses hereof.

"P. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade
within the County of Stewart and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes.

"Q. The General Assembly may by law further define and pre scribe the powers and duties of the Authority and the exercise there
of, and may enlarge and restrict same, and may likewise further regulate the management and conduct of the Authority; provided,

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JOURNAL OF THE HOUSE,

however, nothing herein shall be construed so as to authorize the General Assembly to provide by law that the governing authority of Stewart County may levy an ad valorem tax to carry out the pur poses of the amendment.

Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been en tered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to create the NO ( ) Stewart County Industrial Development Authority?"

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock

Bond Bostick Bowen Branch Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates

Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cooke Cooper, B. Cooper, J. R.

Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon Dollar Dorminy Doster Douglas Edwards Egan Fallin Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway Hall Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson
Higginbotham
Hill Holder Hood Howard Howell

MONDAY, JANUARY 29, 1968

543

Hutchinson Jenkins Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan, W. H. Kaylor Kirksey Laite Lambert Lambros Lane, Dick Lee, W. J. (Bill)
Lee, W. S. Leggett Leonard
Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Moate Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nash Nimmer Northcutt Odom Oglesby Otwell Pafford

Palmer Paris Parker, C. A. Parrish Peterson Phillips Pickard Potts Rainey Reaves Richardson Roach Ross Rowland Rush Russell Scarlett Shanahan Sherman Shields Shuman Sims Smith, G. W. Smith, W. L. Stalnaker Starnes Steis Sullivan Sweat Thompson, A. W. Thompson, R. Townsend Turner Tye Vaughan, D. N. Vaughn, C. R. Wamble Ward Wells Westlake Whaley Wiggins Williams
Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Brantley, H. H. Brantley, H. L. Dodson Hale Hamilton Johnson, B.

Jordan, G. Knapp Land Lane, W. J. Le vitas Mixon

Nessmith Newton Parker, H. W. Poss Ragland Savage

544
Simmons Smith, J. R. Smith, V. T. Snow

JOURNAL OF THE HOUSE,

Threadgill Tucker Underwood Walling

Ware Mr. Speaker

On the adoption of the Resolution, the ayes were 177, nays 0.

The Resolution, having received the requisite two-thirds constitutional maj ority, was adopted.

HR 484-1037. By Mr. Rush of the 75th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to create the Tattnall County Industrial development Authority; to provide for powers, authority, funds, purposes and procedures connected therewith; to provide for the submission of this amendment for ratification or re jection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
A. There is hereby created a body corporate and politic to be known as the Tattnall County Industrial Development Authority which shall be determined to be an instrumentality of the State of Georgia and a possible corporation.
B. The authority is created for the purpose of expending and developing industry in Tattnall County and for improving the gen eral welfare of said county.
C. The authority shall consist of Five (5) members appointed by the governing authority of Tattnall County. Initially, the Five (5) members of the authority shall be appointed with the following terms:
One member for one year, one member for two years, one mem ber for three years, and one member for four years and one member for five years, and until their successors are appointed and qualified. Thereafter upon the expiration of the terms of such members, their successors shall be appointed for terms of Five (5) years each and until their successors are appointed and qualified. All members who have served on said Authority shall be eligible for reappointment to succeed themselves if they are reappointed by said governing Authority designated by this Act to appoint them. Members of the

MONDAY, JANUARY 29, 1968

545

Authority shall be citizens of the United States who have attained the age of Twenty-one (21) years, and who shall have been citizens of this State for Two (2) years, and for One year a resident of Tattnall County immediately preceding his appointment as a mem ber of the Authority. Should any member resign, be unable to serve or move beyond the territorial limits of Tattnall County as it is now situated or may be hereafter situated, or should there be a vacancy for any reason, the successor shall be appointed to serve the remain ing term of such member by the Governing Authority of Tattnall County. Prior to taking office the members shall subscribe to the following oath, to wit: "I do solemnly swear that I will fully and fairly perform the duties as a member of the Tattnall County De velopment Authority, So Help Me God". The members of said Au thority shall be entitled to no compensation. Any Three (3) members shall constitute a quorum for the transaction of ordinary business of the Authority; however, any action with respect to any project of the Authority must be approved by not less than Three (3) affirmative votes. No vacancy shall impair the power of the Au thority to act.

D. As used herein, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context:

(1) The word "Authority" shall mean the "Tattnall County Industrial Development Authority," created hereby.

(2) The word "Project" shall be deemed to mean and include the optioning, leasing and acquisition of lands, properties and im provements for development, expansion and promotion of industry and the construction of buildings and plants or the acquisition of equipment for the purpose of selling, leasing, or renting such struc tures or equipment to private persons, firms or corporations.

(3) The term "cost of project" shall embrace the cost of con struction, cost of lands, properties, easements, rights and franchises acquired, the cost of machinery and equipment, financing charges, interest prior to and during construction, architectural and legal expenses, and plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized, the con struction of any project and placing the same in operation; provided, however, that in no event shall entertainment or promotional ex penses be considered a part of the cost of any project.

(4) The term "governing authority" shall mean the Board of Commissioners of Roads and Revenue of Tattnall County, their suc cessors or other authority that may hereafter be provided for the administration of affairs of Tattnall County.

E. The Authority is created by this Act for the purpose of developing, promoting and expanding for the public good and general welfare, industry, agriculture, commerce, natural resources, and

546

JOURNAL OF THE HOUSE,

vocational training and for the making of long-range plans for the coordination of such development, promotion and expansion within
its territorial limits.

F. In addition to the purposes for which revenue anticipation obligations may be issued by counties, municipal corporations and political subdivisions as provided in said Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia, Tattnall County Development Authority, herein created, be and is hereby authorized to issue revenue obligations to provide funds to be used by said Authority in developing, promoting and expanding for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for the making of long range plans for the coordination of such development, promo tion and expansion within the territorial limits of Tattnall County, as herein provided. Said purposes are hereby found, determined and declared to be for the benefit of the citizens and residents of said County and to be an essential governmental function in providing vocational education, relieving unemployment, improving the econ omy, limiting poor relief assistance, developing natural resources and otherwise promoting the general welfare.

G. The Authority shall not be operated for profit, is an insti tution of purely public charity, and is an industrial development agency qualified to receive loans and other assistance from the In dustrial Development Commission of the State of Georgia, or other governmental agencies.

H. In carrying out the foregoing objectives, the Authority shall be deemed to be engaging in such functions of government, activities and transactions as the County of Tattnall is by law authorized to undertake.

I. Tattnall County, by and through its Governmental Authority, shall be and is hereby authorized and empowered to contract with the Authority as a public corporation as provided by the Constitution and laws of the State of Georgia.

J. Tattnall County, by and through its Governing Authority, is authorized and empowered to levy a tax on all taxable property therein not to exceed One (1) mill for the purpose of securing a fund to be set aside, transferred to and used by said Authority for the general purposes of the Authority as herein prescribed.

K. The powers of the Authority herein created shall include, but are not limited to, the power, for its corporate purposes.

(1) To have a corporate seal and alter the same at pleasure.

(2) To contract and be contracted with, sue and be sued, implead or be impleaded, and complain and defend in all courts of law and equity, to contract with the State of Georgia and any instrumen tality thereof, any county or municipality thereof, and any other

MONDAY, JANUARY 29, 1968

547

political subdivisions, and with private persons, firms, corporations, and associations.

(3) To receive and administer gifts, grants and donations and to administer trust.

(4) To buy, acqxiire, receive as gifts, own, improve, expand, de velop, operate, maintain, sell, donate, lease as lessor or lessee, mort gage, pledge, convey to secure debt, and/or otherwise encumber or dispose of land, buildings, equipment, furnishings, or property of all kinds, real and/or personal, within Tattnall County, Georgia, and to make a contract or contracts or to execute any instrument or document for the accomplishment thereof, or other purposes.

(5) To make contracts, and to execute any and all instruments necessary or convenient to, or in aid of, the accomplishment of any of the purposes of said Authority, and/or the exercise of any power or powers of said Authority.

(6) To enter into any contract or contracts for any period of time not exceeding Thirty (30) years.

(7) To appoint and select officers, agents, and employees, in cluding engineering, architectural and construction experts, fiscal agents and attorneys, and to fix their compensation.

(8) To construct, erect, buy, receive as a gift, acquire, own,
repair, remodel, maintain, equip, furnish, extend, expand, develop, improve, donate, sell, lease as lessor or lessee, equip, add to, operate and manage projects and to pay the costs of any such project from any income of the Authority, from the proceeds of revenue bonds issued and sold by the Authority or others, from any taxes levied for the purpose by the State of Georgia, Tattnall County, or any of the municipalities therein, or from any contributions or loans by political subdivisions or instrumentalities, persons, firms, or corpo rations, all of which the Authority is hereby authorized to receive and accept and use.

(9) To elect its own officers from the membership of the Au thority; to elect and employ an executive director who is not re quired to be a member of the Authority; and to authorize and em power such officers to act for the Authority generally or in any specific matter.

(10) To borrow money and to execute debentures, bonds, notes, mortgages, deeds or bills of sale to secure debt, trust deeds and/or other such instruments as may be necessary or convenient to evidence and secure such borrowing.

(11) To issue and sell revenue bonds for the purpose of raising funds for the payment, in whole or in part, of the cost of any project of the Authority; to secure the payment of the obligations of such bonds by, but not limited to, selling, conveying, mortgaging, pledging

548

JOURNAL OF THE HOUSE,

and/or assigning any or all of its funds, income and/or property; and to exercise all the rights, powers and privileges, and to be sub ject to all the duties and liabilities, which a municipality may exer cise or be subject to under the provisions of the "Revenue Bond Law" (Ga. Laws 1937, p. 761), as the same is now, or may hereafter be amended. The rights, powers and privileges of the Authority are not limited to those of such a municipality, however.

(12) To receive and use public funds made available to it, the rents, profits and proceeds from the projects erected, leased or sold, and other funds and income of the Authority, to provide for the operation and maintenance of such projects or other projects, to discharge the principal, interest and expenses of bonds, revenue bonds, and notes issued by the Authority, to pay other debts of the Authority, and to further and promote the objectives of the Au thority.

(13) To exercise any power granted by the laws of the State of Georgia to public corporations or authorities performing similar functions.

(14) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested.

(15) To adopt, alter, amend and/or repeal its own bylaws, rules and regulations governing the manner in which its business may be transacted and in which the powers granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its
business.

(16) To do all things necessary and convenient to carry out the the powers expressly conferred by this Act upon the Authority.

L. The acquisition, construction, improvement, betterment, ex pansion or extension of any undertaking or project of the Authority, and the issuance in anticipation of the collection of revenues of such undertaking or project, of bonds to provide funds to pay the whole or a part of the costs thereof, may be authorized by resolution or
resolutions of the Authority which may be adopted at a regular or special meeting by a majority of the members of the Authority. Unless otherwise provided therein, such resolution or resolutions shall take effect immediately and need not be laid over or published or posted. The Authority in determining the cost of any undertaking or project for which revenue bonds are to be issued may include all costs as hereinbefore defined. Such bonds shall bear such date or dates, mature at such time or times, not exceeding Thirty (30) years from their respective dates, bear interest at such rate or rates not exceeding Seven (7%) Per Cent per annum, and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, as signments and conditions as the resolution or resolutions authorizing the issuance of such bonds may provide. Except as herein provided to the contrary, such bonds shall be issued and validated in the

MONDAY, JANUARY 29, 1968

549

Superior Court of Tattnall County, Georgia, in the same manner as revenue bonds of municipalities are issued and validated under the "Revenue Bond Law" (Ga. Laws 1937, p. 761), as the same is now or may hereafter be amended. In the proceedings to validate such bonds, the County of Tattnall and the Tattnall County Development Authority shall be named as party defendant. In event no bill of exceptions is filed within the time prescribed by law, or if filed, the judgment validating the bonds shall be affirmed by the Supreme Court of Georgia, such judgment shall be forever conclusive as to the validity of said bonds and the security thereof against said Authority.

M. All property, real and personal, the title of which is vested in the Authority, and all debentures, notes, bonds and revenue bonds and certificates issued by the Authority, and interest thereon and income therefrom, shall be exempt from State, county, city and other local taxation for any purpose. All such property shall be ex empt from any and all federal taxation, if and when so provided by the Constitution, laws, rules, regulations and mandates of the United States or any of its various bureaus, agencies or other entity by whatever name called. The exemption from taxation herein pro vided shall not extend to tenants or lessees of the Authority.

N. It shall be the duty of the Authority to have all persons handling funds of the Authority fully and adequately bonded for their faithful accounting for such bonds.

O. The Authority shall not be authorized to create in any man ner any debt, liability or obligations, against the State of Georgia, Tattnall County, or any municipality therein. No debt, liability or obligations of the Authority shall be considered a pledge or loan of the credit of the State of Georgia, or any county, city or other subdivision thereof.

P. If the Authority shall deem it expedient to construct any project or use any project already constructed on lands, the title to which shall be in the County of Tattnall and/or any incorporated city or town in said county, the Governing Authorities of the County of Tattnall and of said municipalties, respectively, are authorized in their discretion to convey title to such lands, including any im provements thereon, without cost, to the Authority. Said county and/or said municipalities may donate to said Authority, real estate, personal property and services for any such property. Any such land, improvements, or personal property so conveyed or donated to the Authority may be mortgaged, conveyed, or pledged to secure obligations of the Authority.
Q. The Authority is created for non-profit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created, unless the Authority for any reason is dissolved. Then in that event, the funds and property of the Authority shall be conveyed as hereinafter provided.

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JOURNAL OF THE HOUSE,

R. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution, shall be conveyed to Tattnal County subject to any mortgages, liens, leases or other encumbranches outstanding against or in respect to said property. No private interest shall exist in the property of the Authority. The Authority shall hold title only for the benefit of the public.

S. The books and records of the Authority shall be audited at least annually, at the expense of the Authority, by a competent in dependent auditor; and the minutes and records of the same shall be filed with the clerk of the board of commissioners of roads and revenues of said county, and shall be available for public inspection.

T. The Authority shall exist and have all of said powers, and the right to exercise the same for its corporate purposes, regardless of whether or not it shall issue revenue anticipation obligations hereunder.
U. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or uncon stitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, sub section, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each
of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to create the Tattnall County Industrial Devel-
NO ( ) opment Authority and to provide for powers, authority, funds, purposes and procedures connected therewith?"

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re-

MONDAY, JANUARY 29, 1968

551

turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J.
IK:..Dailey

Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon Dollar Dorniiny Doster Douglas Edwards Egan Fallin Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway Hall Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder

Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan, W. H. Kaylor Kirksey Laite Lambert Lambros Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniel Melton Merritt Miller Moate Moore, Don C. Moore, J. H.

552
Moreland Mullinax Murphy Nash Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parrish Peterson Phillips Pickard Potts Rainey

JOURNAL OF THE HOUSE,

Reaves Richardson Roach Ross Rowland Rush Russell Scarlett Shanahan Sherman Shields Shuman Sims Smith, G. W. Smith, W. L. Stalnaker Starnes Steis Sullivan

Sweat Thompson, A. W. Thompson, R. Townsend Turner Tye Vaughan, D. N. Vaughn, C. R. Wamble Ward Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Brantley, H. H. Brantley, H. L. Dodson Hale Hamilton Johnson, B. Jordan, G. Knapp Land Lane, W. J.

Le vitas Mixon Nessmith Newton Parker, H. W. Poss Ragland Savage Simmons Smith, J. R.

Smith, V. T. Snow Threadgill Tucker Underwood Walling Ware Mr. Speaker

On the adoption of the Resolution, the ayes were 177, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 486-1050. By Messrs. Blalock and Potts of the 33rd:
A RESOLUTION
Proposing an amendment to Article VII, Section VII, Paragraph I of the Constitution so as to authorize Coweta County to incur an additional indebtedness for water and sewerage purposes and evidence same by the issuance of its general obligation water and sewerage bonds in an amount not to exceed seven per centum (7%) of all property within said County subject to taxation for bonds purposes, which debt limitation shall be in addition to and separate and distinct from the seven per centum (7%) debt limitation now imposed by the Constitution; to authorize the County

MONDAY, JANUARY 29, 1968

553

to levy taxes without limitation to rate or amount sufficient to pay the principal of an interest on said bonds as same mature; to authorize the levy of taxes to operate and maintain said water and sewerage system; to provide for the submission of this amendment for ratification or re jection; to repeal the local amendment to Article II, Section I, Paragraph I of the Constitution captioned Coweta County--Fire, Water, Etc. Dis tricts, Georgia Laws 1964, Vol. I, page 906, et. seq.; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1

The local amendment to Article II, Section I, Paragraph I, of the Constitution captioned Coweta County--Fire, Water, Etc. Districts, Geor gia Laws, 1964, Vol. I, page 906, et seq., is hereby repealed.

SECTION 2

Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following:
"Anything in this Constitution to the contrary notwithstanding, Coweta County is hereby authorized to incur an additional indebted ness for water and sewerage purposes and evidence same by the issuance, from time to time, of its direct general obligation water and sewerage bonds, but the aggregate principal amount of such general obligation bonds outstanding at any one time shall not ex ceed seven per centum (7%) of the assessed value of all taxable property within the County subject to taxation for bond purposes. Said debt limitation shall be in addition to and separate from the seven per centum (7%) debt limitation now imposed by Article VII, Section VII, Paragraph I of the Constitution. Nothing herein con tained shall limit or otherwise affect the amount of bonds Coweta County may issue under said Article VII, Section VII, Paragraph I of the Constitution for other purposes. Said County is hereby authorized to levy taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as same mature. The issuance or non-issuance of said water and sewerage bonds shall be submitted to the registered, qualified voters of the County for their determination as provided under Article VII, Sec tion VII, Paragraph I of the Constitution and the laws of this State. In addition to the foregoing, the governing authority of Coweta County is hereby authorized to levy taxes to pay the cost of oper ating, maintaining, repairing or otherwise improving the water and sewerage system of said County. The provisions of this amendment are cumulative and are in addition to all other rights and authority which have heretofore been conferred or may hereafter be conferred upon Coweta County, under the Constitution and laws of the State of Georgia, including, but not limited to, the right and authority of said County to issue its water and sewerage revenue bonds under the Constitution and the Revenue Bond Law (Georgia Laws 1957, p. 36 et seq., as amended) amending the law formerly known as the Rev enue Certificate Law (Georgia Laws 1937, p. 761, et seq., as

554

JOURNAL OF THE HOUSE,

amended). This amendment is self-enacting and does not require any enabling legislation for it to become effective; provided, how ever, the General Assembly may by law grant further and additional powers to the County not inconsistent with the provisions of this amendment."

SECTION 3

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to repeal the local amendment to Artcile II, Section I, Para graph I of the Constitution captioned Coweta
NO ( ) County -- Fire, Water, Etc. Districts, Georgia Laws, 1964, Vol. I, page 906 et seq., and so as to authorize Coweta County to issue its general obli gation water and sewerage bonds and to incur an additional bonded indebtedness for such purpose not to exceed seven per centum (7%) of the as sessed value of taxable property therein subject to taxation for bond purposes, which debt limita tion shall be in addition to the seven per centum (7%) debt limitation now imposed by this Consti tution and to levy taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as same mature and to levy taxes to pay the cost of operating, main taining, repairing and improving the water and sewerage system of said County."

All persons desiring to vote in favor of adopting the proposed amend ment shall do so by voting yes as to the question propounded and all persons desiring to vote against the adoption of the proposed amendment shall do so by voting no as to the question propounded.

If such amendment shall be ratified as provided in said Article XIII, Section I, Paragraph I of the Constitution, as amended, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

MONDAY, JANUARY 29, 1968

555

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Games Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon Dollar Dorminy

Doster Douglas Edwards Egan Fallin Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway Hall Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan, W. H. Kaylor Kirksey Laite Lambert Lambros Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leggett Leonard

Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Moate Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nash Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parrish Peterson Phillips Pickard Potts Rainey Reaves Richardson Roach Ross Rowland Rush Russell Scarlett Shanahan Sherman Shields

556
Shuman Sims Smith, G. W. Smith, W. L. Stalnaker Starnes Steis Sullivan Sweat

JOURNAL OF THE HOUSE,

Thompson, A. W. Thompson, R. Townsend Turner Tye Vaughan, D. N. Vaughn, C. R. Wamble Ward

Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Brantley, H. H. Brantley, H. L. Dodson Hale Hamilton Johnson, B. Jordan, G. Knapp Land Lane, W. J.

Levitas Mixon Nessmith Newton Parker, H. W. Poss Ragland Savage Simmons Smith, J. R.

Smith, V. T. Snow Threadgill Tucker Underwood Walling Ware Mr. Speaker

On the adoption of the Resolution, the ayes were 177, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 487-1050. By Messrs. Pickard, Jones and Buck of the 112th, Thompson and Shields of the lllth, Berry and Thompson of the 110th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide for the creation of the Muscogee County Airport Commission as a constitu tional commission; to provide for the use of funds received by said com mission; to provide for the hiring and firing of employees and the fixing of compensation of employees, and expressly conferrring upon them the exclusive right to manage the properties and improvements and the operation of the same; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Paragraph I, Section VI, Article V of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following:
"There is hereby created for the County of Muscogee, the Mus cogee County Airport Commission, whose duties it shall be to ad-

MONDAY, JANUARY 29, 1968

557

minister the improvements, maintenance and operation of the Mus cogee County Airport.

Said Airport Commission shall consist of five (5) members ap pointed by the Board of Commissioners of Muscogee County. The first appointed members shall serve for a term of 1, 2, 3, 4, and 5 years, respectively, and all subsequent appointees, appointed an nually at the termination of the above terms, shall serve for five (5) years. All members of the Airport Commission shall be eligible to succeed themselves. All members appointed after the first five members are named must first be recommended for appointment by the Airport Commission to the Board of Commissioners. In the
event the Board of Commissioners shall refuse to name said ap pointee named by the Airport Commission, the Airport Commission shall recommend another name or names and continue to recommend a name or names until some nominee is approved by the Board of Commissioners of Muscogee County. All nominations for members of the Airport Commission are to be submitted to the Board of Commissioners not later than the last meeting of the Board of Commissioners prior to the date appointments on the Airport Com mission expire so that said Board of Commissioners then in office
shall have sufficient time to act upon said recommended nomination. Whenever a vacancy occurs on said body, it shall become the duty of the remaining members of said Commission at a meeting to select a person to be recommended to the Board of Commissioners of Mus cogee County for appointment to fill said vacancy.

Said commission is authorized to enter into contracts for the rental of buildings, land, office space, equipment and any other prop erty now owned by Muscogee County located at or on said airport property, to adopt rules and regulations for the operation of said Commission and said airport, to receive all revenue from the sale or lease of any properties used in connection with said airport, rentals, fees, grants, and contributions and to make payment out of said funds for all necessary expenses, salaries, improvements, etc.; to hire and discharge all employees necessary to fulfill the duties of said Commission and to fix the salaries and compenstations, and to have exclusive control, custody and direction of all lands, properties, and improvements fixed in them by the Board of Commissioners and to have general direction of the same.

Said Commission shall not later than October 15 of each year furnish to the Board of Commissioners a detailed statement of their operations for the year, and their budget for the following year showing anticipated revenues and anticipated expenditures, which shall be filed with the Clerk of Commissioners, and to return to the
county treasurer all funds that would not be expended by the end of the year or which have not already been contracted for or set aside to match Federal or State funds or for the payment of debts which have been made but have not yet matured.

Muscogee County is directed to pay to said Muscogee County Airport Commission each quarter commencing the first day of the fiscal year of the County and every three (3) months thereafter a sum sufficient to amplify the difference between the estimated

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JOURNAL OF THE HOUSE,

revenue as against anticipated expenditures for that year as fixed in the budget of the Airport Commission filed with the County Com
mission by October 15, so that said sums contributed by the County shall together with the anticipated revenues fixed by the Airport Commission aggregate the amount fixed by said Airport Commission as the anticipated expenditures for the ensuing year. Any sums un expended and unpledged and unused at the end of each year are to be returned to the County, provided, however, that the County shall in
no case be required to contribute and pay to said Muscogee County Airport Commission, to amplify their anticipated revenues, more than the sum of $40,000.00 a year. In the event said Airport Commis sion fixes more than said sum as the share to be contributed by the County, the County shall not be obliged to pay said additional sum in excess of $40,000.00, unless they approve of said additional amount.

Said Airport Commission shall have the right to acquire, own, lease and to hold title in its own name to all lands and improve ments now owned by Muscogee County for airport purposes, and to convey, sell and lease lands and improvements acquired by said Air port Commission, and the right, title, equity and interest to all lands and improvements now used or which may hereafter be used or acquired whether within or without the limits of Muscogee County are hereby vested in the Muscogee County Airport Commission and their successors. Said ownership is to include the approaches, run
ways, easements, hereditaments and appurtenances thereto applying and belonging in said lands and in any other lands or other improve
ments which may hereafter be acquired for airport use by Muscogee County is vested in said Airport Commission, provided, however, that no sales or conveyances or agreements for the lease, grant, or sale of any of the properties acquired for airport purposes shall be made by the Airport Commission until said proposed sale or conveyance has been approved by the Board of Commissioners of Muscogee County, and further provided that any and all agreements or con tracts for the expenditures of any sums in excess of 1,000.00 for any single project or purchase or undertaking shall be approved by the Board of Commissioners.

Said Muscogee County Airport Commission is hereby declared to be a body corporate and politic and as such is granted the right to sue and to be sued in its own name and to exercise such powers which are customary, pertinent and usual with respect to public corporate bodies generally.

Said Airport Commission is given the right to apply for and receive Federal funds for any of the purposes provided for under the Federal Airport Act or any other similar Federal Acts and to enter into any agreements with the Federal Government, particiularly grant agreements necessary under the provisions of said Act in order to become the recipient of Federal aid, under such terms and conditions as might be required by the federal government under grant or aid agreements, and also the right under like conditions to receive State aid or grants under such conditions as the State Gov ernment might prescribe, and shall also have the right to receive contributions from any other source, provided that the Airport Com mission shall not match any funds for any purpose from any agency

MONDAY, JANUARY 29, 1968

559

without the consent of the Board of Commissioners of Muscogee County.

The property of said Airport Commission is hereby declared to be public property and free from the imposition of taxes of any kind.

Employees of the Airport Commission shall be eligible to receive the benefits of any present or future pension plan of Muscogee County, and any life insurance, hospitalization or other employee benefits in effect, now or in the future, by Muscogee County or any successor form of government, except that for Airport employees any matching contribution to said plan or benefit shall be made by the Airport Commission.

This amendment shall be self-executing upon its ratification, but the General Assembly may by law further define and prescribe the powers and duties of thet Airport Commission and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Airport Com
mission.

This Amendment shall become effective in Muscogee County upon the appointment by the Board of Commissioners of Roads and Revenues of the members of the Muscogee County Airport Commis
sion, but said Board of Commissioners shall not be under compulsion to appoint said members at any time, the use of said Airport Com mission to operate an airport or airports in Muscogee County or its environs being elective and not compulsory upon said Board of
Commissioners.

This amendment is adopted and the Airport Commission is created for the purpose of promoting and expanding for the public good and welfare, industry and trade within Muscogee County and its environs, and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Airport Commission shall be liberally construed for the accomplishment of these purposes.

In addition to the purposes for which revenue bonds may be issued as provided in Article VII, Section VII, Paragraph V, of this Constitution, the Airport Commission, in order to finance any under taking within the scope of its power or to refund any bonds then outstanding, is hereby authorized to issue bonds, bearing rate or rates of interest and maturing at the years and amounts determined by the Airport Commission and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue
Bond Law (Ga. L. 1937, p. 761), as amended, Ga. Code Ann. Supp. Chapters 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Airport Commission may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as securi ty for any lawful debt of the Airport Commission. The Airport Com mission may execute any trust agreement or indenture not in con-

560

JOURNAL OP THE HOUSE,

flict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Airport Commission upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be con strued to create a right to compel any exercise of the taxing power of Muscogee County to pay any such bonds or the interest thereon, nor to enforce payment thereof against any property of Muscogee County.

No revenue bonds except refunding bonds shall be issued hereunder unless the Airport Commission shall have found and declared that the undertaking will increase employment in Muscogee County and its environs, and the Lessee or Purchaser of the building or buildings involved will not by virtue of establishing operations in Muscogee County, reduce the number of employees employed by said Lessee or Purchaser elsewhere in the State of Georgia.

Should said Airport Commission for any reason be dissolved, title to all of the property of any kind and nature, real and personal, held by the Airport Commission at the time of such dissolution, shall revert to Muscogee County, subject to any mortgages, liens, leases, or other encumbrances outstanding against or in respect to said property at that time.

This amendment shall be effective immediately upon proclamation of its ratification by the Governor.
In the event any section, sub-section, sentence, clause or phrase of this amendment shall be declared and adjudged invalid or uncontitutional, such adjudication shall in no manner affect the other sections, sub-sec tions, sentences, clauses or phrases of this amendment, which shall re main in full force and effect, as if the section, sub-section, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof.
All laws and parts of laws in conflict herewith be, and the same are, hereby repealed."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds (2/3) of the members elected to each of the two (2) branches of the General Assembly, and the same have been entered on their journals with the "Ayes" and "Nays" taken thereon, said proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended.

MONDAY, JANUARY 29, 1968

561

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

"YES ( ) Shall the Constitution be amended so as to create the NO ( ) Muscogee County Airport Commission?"

All persons desiring to vote in favor of ratifying the proposed amend ment, shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the re sult to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch Bray Brown, B. D. Brown, C. Busbee Caldwell Carnes Gates Cato Chandler Cheeks Clarke

Cole Collins, J. F. Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon Dollar Dorminy Doster Douglas Edwards Egan Fallin

Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway Hall Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howard

562
Howell Hutchinson Jenkins Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan, W. H. Kaylor Kirksey Laite Lambert Lambros Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCIatchey McCracken McDaniell

JOURNAL OF THE HOUSE,

Melton Merritt Miller Moate Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nash Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parrish Peterson Phillips Pickard Potts Rainey Reaves Richardson Roach Ross Rowland Rush Russell

Scarlett Shanahan
Sherman Shields
Shuman Sims
Smith, G. W. Smith, W. L. Stalnaker Starnes Steis Sullivan Sweat Thompson, A. W. Thompson, R. Town send Turner
Tye Vaughan, D. N. Vaughn, C. R. Wamble Ward Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles
Wood

Those not voting were Messrs.:

Brantley, H. H. Brantley, H. L. Dodson Hale Hamilton Johnson, B. Jordan, G. Knapp Land Lane, W. J.

Le vitas Mixon Nessmith Newton Parker, H. W. Poss Ragland Savage Simmons

Smith, J. R. Smith, V. T. Snow Threadgill Tucker Underwood Walling Ware Mr. Speaker

On the adoption of the Resolution, the ayes were 177 nays 0.

The Resolution, having received the requisite two-thirds constitutional maj ority, was adopted.

HR 488-1050. By Messrs. Pickard, Jones and Buck of the 112th, Thompson and Shields of the lllth, Berry and Thompson of the 110th:

MONDAY, JANUARY 29, 1968

563

A RESOLUTION

Proposing an amendment to the Constitution of the State of Georgia so as to authorize the Board of Commissioners of Roads and Revenues of Muscogee County, Georgia, to provide systems of garbage disposal; to provide for the division of said county into such territorial sanitation dis tricts as said Board shall beem advisable; to provide for service charges against residents and businesses served by such garbage disposal facili ties; to provide for the compliance with rules and regulations adopted by said Board by all businesses and residents in said districts; to provide for the issuance of executions for said services; to provide for the sub mission of this amendment for ratification or rejection at the next gen
eral elections; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

SECTION 1

Article VII, Section IV, Paragraph I, of the Constitution is hereby amended by adding at the end thereof the following:

"The Board of Commissioners of Roads and Revenues of Mus cogee County, Georgia, as the governing authority of said County,
in addition to all powers heretofore conferred upon it, is hereby authorized and empowered to provide systems of garbage disposal in said County, exclusive of any incorporated municipality. For the carrying out of such purpose, said Board of Commissioners shall be authorized to establish sanitation districts in such territorial areas of the County as it deems advisable and to levy assessments or make service against all businesses, residents and property served by said
garbage disposal facilities as said Board shall deem necessary for the services rendered in said sanitation districts. Said Board of Com
missioners shall have the power and authority to require and compel all businesses located therein and all persons residing in said area to comply with all rules and regulations adopted by said Board for garbage disposal facilities. The assessments or service charges levied to pay the cost of such garbage disposal systems may be enforced
by the issuance of fi. fas. or executions for said charges in the same manner and with the same lien dignity and priority as fi. fas. or executions are issued for County taxes and shall be collected by the Tax Commissioner of said County in the same manner as taxes are collected."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended.

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JOURNAL OF THE HOUSE,

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 for NO ( ) the establishment of sanitary districts and service
charges for garbage disposal facilities within Muscogee
County?"

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary to State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Barfield Battle
Bennett Berry, C. E. Berry, J. K. Black
Blalock
Bond Bostick
Bowen Branch Bray
Brown, B. D. Brown, C. Buck
Busbee Caldwell Games

Gates Cato Chandler Cheeks Clarke Cole Collins, J. F.
Collins, M. Colwell Conner Cook
Cooper, B.
Cooper, J. R. Cox
Crowe, William Crowe, W. J. Dailey
Daugherty Davis Dean
DeLong Dent Dickinson

Dillon Dixon Dollar Dorminy Doster Douglas Edwards
Egan Fallin Farmer Farrar
Fleming
Floyd Funk
Gary Gay Gaynor
Gignilliat Grahl Graves
Grier Gunter Hadaway

MONDAY, JANUARY 29, 1968

565

Hall Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan, W. H. Kaylor Kirksey Laite Lambert Lambros Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Lewis Longino Lovell Lowrey Magoon

Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Moate Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nash Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parrish Peterson Phillips Pickard Potts Rainey Reaves Richardson

Roach Ross Rowland Rush Russell Scarlett Shanahan Sherman Shields Shuman Sims Smith, G. W. Smith, W. L. Stalnaker Starnes Steis Sullivan Sweat Thompson, A. W. Thompson, R. Townsend Turner Tye Vaughan, D. N. Vaughn, C. R. Wamble Ward Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Brantley, H. H. Brantley, H. L. Dodson Hale Hamilton Johnson, B. Jordan, G. Knapp Land Lane, W. J.

Le vitas Mixon Nessmith Newton Parker, H. Poss Ragland Savage Simmons

Smith, J. R. Smith, V. T. Snow Threadgill Tucker Underwood Walling Ware Mr. Speaker

On the adoption of the Resolution, the ayes were 177 nays 0.

The Resolution, having received the requisite two-thirds constitutional maj ority, was adopted.

566

JOURNAL OP THE HOUSE,

Mr. Johnson of the 40th stated that he had been called from the floor of the House when the roll was called on HR 453-1002, HR 458-1013, HR 459-1013, HR 475-1020, HR 476-1020, HR 487-1050, HR 488-1050, HR 484-1037, and HE 4861050, but had he been present would have voted "aye".

The following1 Resolution of the House was read and adopted:

HR 527. By Mr. Smith of the 54th:
A RESOLUTION
Expressing appreciation to Mr. Vaughn Monroe for utilizing his exceptional musical talents in such a manner as to bring joy and hap piness to the people of the world; and for other purposes.
WHEREAS, Mr. Vaughn Monroe, star of screen, television, radio and stage, has devoted his exceptionally great musical and acting talents to the people of the world since the 1930s; and
WHEREAS, he is recognized as one of the outstanding band leaders of the 1940s and 1950s; and
WHEREAS, he was the star of the "Camel Caravan" on radio and television for eight years, and unselfishly entertained the members of the United States Armed Forces overseas on three separate occasions; and
WHEREAS, he has been associated with the Radio Corporation of America since 1940, and is known as the Corporation's "Ambassador of Goodwill" and as "The Voice of RCA"; and
WHEREAS, Mr. Vaughn Monroe has been appearing as a single en tertainer since 1952 at the top nightclubs in the country, and he will always be remembered for his excellent rendition of the song "Ghost Riders in the Sky"; and
WHEREAS, Mr. Vaughn Monroe, besides reaching the heights of stardom, has been characterized as one of the outstanding gentlemen of the entertainment world--he has always maintained his poise and pro fessional demeanor in public and in private; and
WHEREAS, he has been married to his lovely wife for twentyseven years, has two grown daughters, two grandchildren, and a son-inlaw who is stationed in Viet Nam as a helicopter pilot for the 187th Assault Helicopter Co.; and
WHEREAS, Mr. Vaughn Monroe, has adopted the South as his home--he now resides in the State of Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF RE PRESENTATIVES that this body does hereby express its sincerest ap-

MONDAY, JANUARY 29, 1968

567

preciation to Mr. Vaughn Monroe for utilizing his natural talents in such a manner as to hring joy and happiness to the people of the world, and for conducting himself in such a manner as to promote the respect of people everywhere.

BE IT FURTHER RESOLVED that the Clerk of the House is here by instructed to transmit a copy of this Resolution to Mr. Vaughn Mon roe.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Ways and Means and referred to the Committee on Local Af fairs:

HB 246. By Messrs. Cole, Smith and Leonard of the 3rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dalton, Georgia, as amended, so as to authorize the Mayor and Council by ordinance, to impose, levy and collect an occupational license tax at a rate not in excess of 1 percentum of all wages for work, labor or services performed or rendered in the City of Dalton; and for other purposes.

By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Rules in order that said Resolution could be considered as a privilege Resolution:

HR 104. By Messrs. Lambros of the 130th and Turner of the 123rd:
A Resolution requesting that the motto "Justice, Mercy and Humility" be engraved upon the face of the United States one dollar bill; and for other purposes.

Under the general order of business, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

HB 849. By Messrs. Lane of the 126th, Cox of the 127th, Dillon of the 128th and Davis of the 119th:
A Bill to be entitled an Act to create the Board of Recreation Examiners of the State of Georgia as a division of the Georgia Recreation Com mission; and for other purposes.

The following amendment was read and adopted: Committee on Education moves to amend HB No. 849 as follows:

568

JOURNAL OF THE HOUSE,

By striking in the title the words and phrases which read as follows:

"to provide for the appointment of the members of the said Board by the Governor with the advice and consent of the Board of Directors of the Georgia Recreation Parks Society;",
and inserting in lieu thereof the words and phrases which read as follows :
"to provide for the appointment of the members of said Board by the Governor with suggestions from the Board of Directors of the Georgia Recreation Parks Society;".

By inserting in Section 7, Subsection (a), Paragraph (2) the words:
"from an accredited college" after the following:
"degree in a field related to recreation,", by striking Subsection (b) of Section 8, which reads as follows:
"(b) In meeting the above designated qualifications, an applicant may substitute an additional year of successful recreational experience.".
By adding to Subsection (a) of Section 13 the following:
"Those persons who would have been qualified to receive a certificate even if this Subsection did not exist shall be designated as 'certified licensed'. Those persons who would not have been qualified to receive a certificate if this Subsection did not exist shall be designated as 'licensed'.".
By adding to Subsection (b) of Section 13 the following:
"Those persons who would have been qualified to receive a certificate even if this Subsection did not exist shall be designated as 'certified licensed'. Those persons who would not have jeen qualified to receive a certificate if this Subsection did not exist shall be designated as 'licensed'.".
By striking in Subsection (c) of Section 13 the figure which reads as follows:
"90",

and inserting in lieu thereof the figure which reads as follows: "180",

and by adding to the end of Subsection (c) of Section 13 the following:

MONDAY, JANUARY 29, 1968

569

"Those persons who would have been qualified to receive a certificate even if this Subsection did not exist shall be designated as 'certified licensed'. Those persons who would not have been qualified to receive a certificate if this Subsection did not exist shall be designated as 'licensed'.".

By striking Section 20, which reads as follows:

"Section 20. All laws and parts of laws in conflict with this Act are hereby repealed.",

and inserting in lieu thereof the following:

"Section 20. The office of Secretary of State shall have the duty to bring together and keep all records of said Board; to receive all applications for licenses; to schedule a time and place for examinations (with the consent of the Board); to schedule a time and place for all hearings; to issue certificates upon authority of the Board; to collect all fees and to remit same to the State Treasury.

All orders and processes of the Board shall be signed and at tested by the Secretary of State, and any notice or legal process necessary to be served upon the Board may be served upon the Secretary of State.
The expenses of the Secretary of State and the expanses and salaries incident to the work of his office shall be paid out of fees remitted to the State Treasurer from the Board. Any and all balances on hand at the end of each year shall be maintained in the State Treasury for the use and maintenance of the Board and the office of Secretary of State. All persons practicing with a license from the Board shall be required to register annually with the Secretary of State upon blanks furnished for such purpose. The Secretary of State shall notify the tax collectors in each of the counties of this State of the names of the persons so registered with him as licensed by the Board."

By adding a new Section, to be designated as Section 21, to read as follows:
"Section 21. All laws and parts of laws in conflict with this Act are hereby repealed.

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, as amended, the roll call was ordered and the vote was as follows:

570

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.:

Adams Barber Battle Berry, C. E. Berry, J. K. Brown, C. Buck Cato Cheeks Cole Colwell Conner Cooper, B. Cooper, J. R. Crowe, William Davis Dean DeLong Dillon Dodson Dorminy Douglas Edwards Fallin Farmer Farrar Fleming Gay Grahl Graves Hargrett Harris, J. F.

Harris, J. R. Henderson Higginbotham Holder Hutchinson Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Kaylor Knapp Laite Lambros Land Lane, Dick Lane, W J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Lovell Malone Matthews, C. Maxwell McCracken McDaniell Melton Miller Moate Moore, J. H.

Murphy Nash Nessmith Northcutt Odom Oglesby Otwell Paris Parker, H. W. Peterson Phillips Poss Ragland Roach Rowland Russell Savage Shanahan Sherman Simmons Smith, G. W. Stalknaker Steis Sullivan Vaughan, D. N. Wamble Wells Westlake Williams Wilson, J. M. Wilson, R. W. Wood

Those voting in the negative were Messrs.

Alexander Anderson Ballard Bennett Black Blalock Bond Branch Brantley, H. L. Bray Brown, B. D. Chandler Collins, M. Crowe, W. J. Dailey Daugherty Dent Dixon Doster

Floyd Funk Gary Gignilliat Gunter Hadaway Hamilton Harris, R. W. Howard Lambert Leggett Lowrey Mason Mauldin Merritt Mixon Moore, Don C. Nimmer Pafford

Palmer Parker, C. A. Parrish Pickard Potts Rainey Reaves Richardson Scarlett Shields Shuman Smith, W. L. Starnes Sweat Thompson, R. Threadgill Tye Wiggins

MONDAY, JANUARY 29, 1968

571

Those not voting were Messrs.:

Barfield Bostick Bowen
Brantley, H. H. Busbee Caldwell Carnes Gates Clarke Collins, J. F. Cook Cox Dickinson Dollar Egan Graynor Grier Hale

Hall Harrington Harrison
Hill Hood Howell Jenkins Jordan, G. Jordan, W. H. Kirksey Longino Magoon Matthews, D. R. McClatchey Moreland Mullinax Newton Ross

Rush Sims Smith, J. R.
Smith, V. T. Snow Thompson, A. W. Townsend Tucker Turner Underwood Vaughn, C. R. Walling Ward Ware Whaley Winkles Mr. Speaker

On the passage of the Bill, as amended, the ayes were 96, nays 56.

The bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Lane of the 126th served notice that at the proper time, he would ask the House to reconsider its action in failing to give HB 849 the requisite con stitutional majority.

Mr. Busbee of the 79th stated that he was in a committee meeting when the roll was called on HB 849( as amended, but had he been present would have
voted "aye".

Mr. Dickinson of the 27th stated that he had been called from the floor of the House when the roll was called on HB 849, as amended, but had he been present would have voted "aye".

HR 430-952. By Messrs. Brown and Melton of the 34th:
A Resolution authorizing the conveyance of certain real estate located in the City of Griffin in Spalding County, Georgia; and for other pur poses.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

572

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Carnes Cato Chandler Cheeks Clarke Collins, J. P. Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon

Dixon Dodson Dollar Dorminy Doster Douglas Edwards Egan Fallin Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway Hale Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham Hill Holder Hood Hutchinson Jenkins Johnson, A. S. Johnson, B.

Joiner Jones, C. M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Magoon Malone Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Moate Moore, Don C. Moreland Mullinax Murphy Nash Nessmith

Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Pickard Poss Potts Ragland Rainey Reaves Richardson

MONDAY, JANUARY 29, 1968

573

Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Simmons Smith, J. R. Smith, W. L. Snow Stalnaker Starnes Steis Sweat Thompson, A. W.

Thompson, R. Threadgill Townsend Turner Tye Underwood Vaughan, D. N. Wamble Ward Ware Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Barfield Bostick Bowen
Caldwell Gates Cole Collins, M. Colwell Crowe, William Henderson

Howard
Howell Jones, M. Leggett Mason Mixon Moore, J. H.
Newton Phillips Shuman

Sims Smith, G. W. Smith, V. T. Sullivan Tucker Vaughn, C. R. Walling Wells Mr. Speaker

On the adoption of the Resolution, the ayes were 176, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
HB 898. By Messrs. Jones of the 76th, Adams of the 125th, Williams of the 16th and others:
A Bill to be entitled an Act to amend an Act creating a State Board of Registration for Used Car Dealers, so as to change the definition of the terms "Established Place of Business' and "Used Car Dealer"; to clarify the meaning of "Used Motor Vehicle Dealer"; and for other purposes.

The following amendment was read and adopted:
Committee on Motor Vehicles moves to amend HB No. 898 as fol lows:

574

JOURNAL OF THE HOUSE,

By striking quoted subsection (o) of Section 11 in its entirety and inserting in lieu thereof a new quoted subsection (o) to read as follows:

"(o) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any of the provisions of this Act, including but not limited to (1) the failure to maintain the certificate of registration required by Section 8 (e) and (2) the failure to keep records required by this Act; or".

By striking from quoted Section 15 of Section 10 the following:

"up to one Hundred ($100) Dollars",

The following amendments were read and adopted:
Mr. Williams of the 16th moves to amend HB 898 as follows:
By adding an additional Section to Section I, subsection C to be known as Section C-10 and to state as follows,
(10) Persons, firms or corporations engaged in a business of conducting: automobile auctions wherein title is required merely for the purpose of resale at said auction. Mr. Harris of the 85th moves to amend HB 898 as follows:
By adding to Section I C.5 after the words "Finance Companies" the words "and banking institutions" so that Section 1C (5) shall read as follows,
"(5) Finance companies and banking institutions who shall sell repossessed motor vehicles, or"

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Ballard Barfield Bennett Berry, C. E. Berry, J. K. Blalock

Bond Bowen Branch Brantley, H. H. Brown, B. D. Brown, C. Buck Busbee

Carnes Cates Cheeks Conner Cook Cooper, J. R. Cox Daugherty

Davis DeLong Dickinson Dillon Dodson Douglas Edwards Egan Farmer Farrar Fleming Funk Gary Gay Gaynor Grahl Grier Hamilton Hargrett Harris, J. F. Harris, J. R. Harris, R. W. Hill Holder Hood Hutchinson Jenkins Johnson, B. Joiner Jones, C. M. Jones, M.

MONDAY, JANUARY 29, 1968

575

Jordan, W. H. Kaylor Knapp Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lovell Malone Mason Matthews, C. Maxwell McClatchey McDaniell Melton Miller Moate Moore, J. H. Mullinax Murphy Nash Nessmith Nimmer Northcutt Odom Oglesby Otwell

Palmer Parrish Phillips Pickard Poss Ragland Richardson Rowland Shanahan Sherman Shields Shuman Simmons
Sims Smith, G. W. Smith, J. R. Sullivan Town send Turner
Tye Vaughan, D. N. Vaughn, C. R. Wamble Ware Wells Williams Wilson, R. W. Winkles Wood

Those voting in the negative were Messrs.:

Anderson Barber Black Brantley, H. L.
Bray Cato Clarke Cole Collins, M. Colwell Cooper, B. Crowe, W. J. Dailey Dean Dent Dixon Dorminy Fallin Floyd

Gignilliat Graves Hadaway Hall Harrington Harrison Howard Howell Johnson, A. S. Kirksey Laite Leonard Lewis Lowrey Magoon Matthews, D. R. Mauldin Merritt Mixon

Moore, Don C. Pafford Parker, C. A. Peterson Potts Rainey Reaves Rush Russell Savage Scarlett Stalnaker Starnes Sweat Threadgill Whaley Wiggins

576

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Battle Bostick Caldwell Chandler Collins, J. F. Crowe, William Dollar Doster Gunter Hale Henderson Higginbotham

Jordan, G. Lambert Longino McCracken Moreland Newton Paris Parker, H. W. Roach Ross Smith, V. T. Smith, W. L.

Snow Steis Thompson, A. W. Thompson, R. Tucker Underwood Walling Ward Westlake Wilson, J. M. Mr. Speaker

On the passage of the Bill, as amended, the ayes were 115, nays 55.

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

Mr. Smith of the 114th requested that the Journal show that he abstained from voting on HB 898, as amended.

SR 25. By Senators Wesberry of the 37th, Bateman of the 27th and Conway of the 41st:
A Resolution establishing a Code of Ethics for Government Service within the State of Georgia and all governments therein; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett

Berry, J. K. Black Blalock Bond Branch Brantley, H. H. Brantley, H. L. Bray

Brown, B. D. Brown, C. Busbee Games Gates Cato Chandler Cheeks

MONDAY, JANUARY 29, 1968

577

Clarke Cole Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Crowe William Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards Egan Fallin Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor Gignialliat Grahl Graves Grier Gunter Hadaway Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder

Hood Howard Howell Hutchinson Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill)
Lee, W. S. Leggett Leonard Le vitas Lewis Longino Lovell Lowrey Magoon M alone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Mullinax Murphy Nash Nessmith Newton Odom Oglesby Pafford Palmer

Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Potts Ragland Rainey Reaves Richardson Roach Rowland Rush Russell Savage Scarlett Shanahan Sherman Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, W. L. Stalnaker Starnes Steis Sullivan Sweat Thompson, R. Threadgill Townsend Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Berry, C. E.

Bostick

Bowen

578
Buck Caldwell Collins, J. P. Cox Dickinson Hale Jenkins Johnson, B.

JOURNAL OP THE HOUSE,

Moore, Don C. Moore, J. H.
Moreland Nimmer Northcutt
Otwell Poss Ross

Shields Smith, V. T. Snow Thompson, A. W. Tucker Mr. Speaker

On the adoption of the Resolution, the ayes were 180, nays 0.

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

HB 870. By Mr. Melton of the 34th:
A Bill to be entitled an Act to amend Code Section 9-103, relating to the qualifications of applicants for admission to the practice of law, so so to provide certain exceptions and exemptions from the educational requirements prescribed for admission to the practice of law; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C.

Buck Busbee Caldwell Carnes Gates Cato Chandler Cheeks Cole Collins, M. Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, W. J. Dailey

Daugherty Davis Dean DeLong Dent Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards Egan Fallin Farmer Fleming

MONDAY, JANUARY 29, 1968

579

Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway Hall Hamilton Hargrett Harrington Harris, J. P. Harris, J. R. Harris, R. W. Harrison Henderson H igginbotham Hill Hood Howard Howell Hutchinson. Jenkins Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambert Land Lane, Dick Lee, W. J. (Bill) Lee, W. S.

Leggett Levitas Lewis Longino Lovell Lowrey Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Moreland Mullinax Nash Nessmith Newton Nimmer Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Potts Ragland Rainey Reaves

Richardson Roach Ross Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, W. L. Snow Stain aker Starnes Steis Sullivan Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Voting in the negative was Mr. Magoon.

Those not voting were Messrs.:

Barfield Bostick Bowen Branch Clarke

Collins, J. F. Colwell Crowe, William Dickinson Farrar

Hale Holder Johnson, B. Lambros Lane, W. J.

580
Leonard Moore, Don C. Moore, J. H. Murphy

JOURNAL OF THE HOUSE,

Northcutt Poss Rowland Smith, J. R.

Smith, V. T. Tucker Turner Mr. Speaker

On the passage of the Bill, the ayes were 177, nays 1.

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

Mr. Johnson of the 40th stated that he had been called from the floor of the House when the roll was called on HB 870, but had he been present, would have voted "aye".

HB 933. By Messrs. Murphy of the 26th and McClatchey of the 138th:
A Bill to be entitled an Act to amend Code Section 100-108, so as to provide that industrial revenue bonds or bonds of development autho rities duly validated and not in default may be given by state depositories provided the appropriate county or municipality has the lawful au thority to levy an annual tax in support thereof; and other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 118, nays 0.

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

HB 934. By Messrs. Murphy of the 26th and McClatchey of the 138th:
A Bill to be entitled an Act to amend Code Chapter 13-20, so as to provide for the investment by a bank in the stock of a corporation engaged in international or foreign banking; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 119, nays 0. The Bill, having received the requisite constitutional majority, was passed.

MONDAY, JANUARY 29, 1968

581

HB 936. By Messrs. Murphy of the 26th and McClatchey of the 138th:
A Bill to be entitled an Act to amend Code Section 13-2013, so as to change the limitations of loans by banks secured by shipping documents, warehouse receipts or other such documents transferring or securing title covering readily marketable, non-perishable staples, agricultural products, manufactured goods, livestock, forest products and other chattels in storage in bonded warehouses when such property is fully covered by insurance, if it is customary to insure such property; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 119, nays 0.

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

HB 937. By Messrs. Murphy of the 26th and McClatchey of the 138th:
A Bill to be entitled an Act to amend Code Section 13-2012, so as to provide that the provisions of this Section shall not apply to certain types of indebtedness; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 119, nays 2.

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

HB 940. By Messrs. Murphy of the 26th and McClatchey of the 138th:
A Bill to be entitled an Act to amend Code Title 13 known as the "Banking Law" of Georgia, so as to remove the provisions relating to private banks and bankers; to change the distance between the location of a bank office or bank facility and a parent bank; and for other purposes.

The following amendment was read and adopted: Mr. Harris of the 118th moves to amend HB 940 as follows:

582

JOURNAL OP THE HOUSE,

By striking from quoted subsection (h) as set forth in Section 2 of the Bill the words:

"and no bank office or bank facility of a parent bank located in a village shall be located more than three miles distance from the parent bank."

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, as amended, the ayes were 111, nays 17.

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

The Speaker Pro Tern assumed the Chair.

Under the general order of business, the following Bill of the House was again taken up:

HB 916. By Messrs. Richardson of the 116th, Clarke of the 45th, Buck of the 112th and others:
A Bill to be entitled an Act to provide that any person who is sentenced to death upon being convicted of any crime which is punishable by death whose sentence is commuted to life improsionment shall be required to serve a minimum of 15 years in prison before being eligible for parole; and for other purposes.

The following amendment was read:
Mr. Murphy of the 26th moves to amend HB 916 as follows:
By striking the figure "15" from the last sentence of Section One and inserting in lieu thereof the figure "7" years.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Bennett Berry, C. E. Black Bowen

Bray Caldwell Chandler Collins, M.

Conner Crowe, W. J. Dailey Dean

MONDAY, JANUARY 29, 1968

583

Dickinson Doster Edwards Farmer Farrar Fleming Funk Grahl Grier Hall Harris, J. R. Harrison Hutchinson Jenkins Johnson, B. Joiner Jones, M.

Kirksey Land Lee, W. S. Leggett Lovell Magoon McCracken Merritt Mixon Moate Murphy Newton Northcutt Odom Paris Parker, C. A. Parker, H. W.

Pickard Poss Reaves Rowland Rush Russell Shields Shuman Smith, W. L. Thompson, R. Threadgill Underwood Wamble Ward Wiggins Williams

Those voting in the negative were Messrs.:

Adams Alexander Anderson Ballard Barber Battle Berry, J. K. Blalock Bond Branch Brantley, H. L. Brown, C. Buck Games Gates Clarke Cole Cooper, B. Cox Crowe, William Daugherty Davis Dent Dillon Dodson Dollar Douglas Egan Fallin Gary Gay

Gignilliat Graves Hadaway Harrington Harris, J. F. Harris, R. W. Henderson Higginbotham Hill Holder Hood Howard Howell Johnson, A. S. Jordan, G. Jordan, W. H. Knapp Laite Lambert Lambros Lane, Dick Lee, W. J. (Bill) Leonard Levitas Lewis Lowrey Malone Matthews, D. R. Mauldin Maxwell McClatchey

McDaniell Miller Nessmith Oglesby Otwell Pafford Palmer Parrish Potts Ragland Richardson
Roach Ross Scarlett Shanahan Sherman Simmons Smith, J. R. Snow Starnes Sullivan Townsend Turner Tye Vaughan, D. N. Vaughn, C. R. Westlake Whaley Wilson, R. W. Winkles

Those not voting were Messrs.:

Barfield Bostick

Brantley, H. H. Brown, B. D,

Busbee Cato

584
Cheeks Collins, J. F. Colwell Cook Cooper, J. R. DeLong Dixon Dorminy Floyd Gaynor Gunter Hale Hamilton Hargrett Jones, C. M.

JOURNAL OP THE HOUSE,

Kaylor Lane, W. J. Longino Mason Matthews, C. Melton Moore, Don C. Moore, J. H. Moreland Mullinax Nash Nimmer Peterson Phillips Rainey

Savage Sims Smith, G. W. Smith, V. T. Stalnaker Steis Sweat Thompson, A. W. Tucker Walling Ware Wells Wilson, J. M. Wood Mr. Speaker

On the adoption of the amendment, the ayes were 62, nays 92.

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, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Anderson Ballard Barber Battle Berry, C. E. Berry, J. K, Blalock Branch Brantley, H. L. Brown, C. Buck Busbee
Games Gates
Cato Clarke Cole Conner Cook
Cooper, B. Cox Crowe, William

Dailey Davis DeLong Dent Dillon Dixon Dodson Dollar Douglas Egan Fallin Farrar Funk
Gary Gay
Gignilliat Grahl Graves Hadaway Hamilton
Harrington Harris, J. F. Harris, J. R.

Harris, R. W. Henderson Higginbotham Hill Holder Howard Howell Hutchinson Jenkins Johnson, A. S. Joiner Jordan, G. Jordan, W. H.
Knapp Lambert
Lambros Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard
Levitas Lewis Longino

MONDAY, JANUARY 29, 1968

585

Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miller Moate Mullinax Newton Nimmer Oglesby Otwell

Pafford Palmer Paris Parker, C. A. Parker, H. W. Ragland Richardson
Roach Ross Savage Scarlett Shanahan Sherman Shields Simmons Smith, J. R. Smith, W. L.

Snow Starnes Steis
Sweat Thompson, R. Threadgill
Townsend Tye Vaughn, C. R.
Wamble Ward
Ware Westlake Whaley Williams Wilson, R. W. Winkles

Those voting in the negative were Messrs.

Alexander Bennett
Black Bond Bray Brown, B. D. Caldwell Cheeks Collins, M.
Crowe, W. J. Daugherty Dean Dickinson
Dorminy Edwards Farmer

Fleming Hall Harrison Hood Johnson, B. Jones, M. Laite Land Lane, Dick Leggett
Lovell Lowrey Magoon McCracken Mixon
Murphy

Northcutt Odom Parrish Pickard Poss Potts Reaves Rush
Russell Shuman Sullivan Turner Underwood Vaughan, D. N.
Wiggins

Those not voting were Messrs.:

Barfield Bostick Bowen Brantley, H. H. Chandler Collins, J. F. Colwell Cooper, J. R. Doster
Floyd Gaynor Grier Gunter

Hale Hargrett
Jones, C. M. Kaylor Kirksey Moore, Don C. Moore, J. H. Moreland Nash Nessmith Peterson
Phillips Rainey

Rowland Sims Smith, G. W. Smith, V. T. Stalnaker Thompson, A. W.
Tucker Walling Wells Wilson, J. M. Wood Mr. Speaker

On the passage of the Bill, the ayes were 120, nays 47.

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

586

JOURNAL OF THE HOUSE,

Mr. Jones of the 76th stated he had been called from the floor of the House when the roll was called on HB 916, but had he been present would have voted

Under the general order of business, the following Bill of the House was taken up for consideration and read the third time:

HB 917. By Messrs. Richardson of the 116th, Clarke of the 45th, Buck of the 112th and others:
A Bill to be entitled an Act to provide that the death penalty shall not be imposed upon conviction for any crime punishable by death unless the jury shall include in its verdict a recommendation that such sentence be imposed; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Blalock Bond Branch Brantley, H. H. Bray Brown, B. D. Brown, C. Buck Busbee Games Gates Clarke Cox Daugherty Davis Dean Dent Dickinson

Dillon Dixon Dodson Dollar Doster Egan Fallin Farrar Fleming Funk Gary Gignilliat Grahl Grier Hamilton Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hood Howard Howell Hutchinson Jenkins

Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Knapp Lambros Lee, W. J. (Bill) Leonard Levitas Lewis Longino Magoon Malone Mason Maxwell McClatchey McDaniell Melton Miller Moate Mullinax Murphy Northcutt Oglesby Pafford Palmer

Parker, C. A. Peterson Potts Ragland Richardson Roach Ross Savage Scarlett Sherman

MONDAY, JANUARY 29, 1968

587

Simmons Smith, W. L. Stalnaker Starnes Steis Sweat Threadgill Townsend Turner Tye

Underwood Vaughan, D. N. Vaughn, C. R. Ward Ware Whaley Wiggins Wilson, J. M. Wilson, R. W. Winkles

Those voting in the negative were Messrs.:

Anderson Ballard Black Brantley, H. L. Cato Chandler Cheeks Cole Collins, M. Conner Cooper, B. Cooper, J. R. Crowe, William Crowe, W. J. Dailey DeLong Dorminy Douglas Edwards Gay Graves Hadaway

Hall Harrington Hill Holder Johnson, A. S. Johnson, B. Joiner Kaylor Kirksey Laite Lambert Land Lane, Dick Lane, W. J. Lee, W. S. Leggett Lovell Lowrey Matthews, D. R. Mauldin Merritt

Mixon Nessmith Newton Nimmer Odom Parker, H. W. Parrish Pickard Poss Reaves Rowland Rush Russell Shanahan Shuman Snow Thompson, R. Wamble Wells Williams Wood

Those not voting were Messrs.:

Bostick Bowen Caldwell Collins, J. F. Colwell Cook Farmer Floyd Gaynor Gunter Hale Hargrett

Matthews, C. McCracken Moore, Don C. Moore, J. H. Moreland Nash Otwell Paris Phillips Rainey Shields

Sims Smith, G. W. Smith, J. R. Smith, V. T. Sullivan Thompson, A. W. Tucker Walling Westlake Mr. Speaker

On the passage of the Bill, the ayes were 108, nays 64. The Bill, having received the requisite constitutional majority, was passed.

588

JOURNAL OF THE HOUSE,

Messrs. Matthews and Farmer of the 29th stated that they had been called from the floor of the House when the roll was called on HB 917, but had they been present would have voted "aye".

Leave of absence was given to Mr. Sims of the 131st in order that he might be able to attend to urgent personal business in Philadelphia, Pennsylvania.

Mr. Harris of the 118th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.

The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, tomorrow morning.

TUESDAY, JANUARY 30, 1968

689

Representative Hall, Atlanta, Georgia Tuesday, January 30, 1968

The House met pursuant to adjournment at 10:00 o'clock, A. M., this day and was called to order by the Speaker.

The following prayer was offered by Rev. Elick S. Bullington, Jr., Pastor, First Methodist Church, Swainsboro, Georgia:
0 Lord, our Lord, how excellent is thy name in all the earth! We pause in these moments and stand at attention in thy presence to acknowledge Thee as Creator and Lord of Life. Not only hast thou created us and sustained us and brought us to this hour; thou dost also cause us to stand in the light of thy judgment and our eternal destiny is in thy hand.
0 Lord, let thy saving health be known among all nations of the earth. Give guidance and wisdom to the leaders of these nations. We a.re aware in this moment of the peril and danger of life because of the destructiveness of war. We pray for all our armed service personnel who represent and defend us this day. Wilt thou be close to those in great danger.
May thy blessing be upon every member of this House of Repre sentatives. Make us thankful for the people of this great state whom we represent. Every single one of us stands in need of the help thou dost provide. Especially do we pray for the one who leads this session. Give the Speaker direction and wisdom as he guides this legislature.
May each of us enjoy the freedom and joy and faith which is offered to us through Jesus Christ, in whose name we offer our prayer.
Amen.

By unanimous consent the call of the roll was dispensed with.

Mr. Black of the 56th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was disposed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:

590

JOURNAL OF THE HOUSE,

1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees.

5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

7. That the Speaker may in his discretion call up any Bill on the General Calender in any order that he desires.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

HB 1122. By Mr. Lambert of the 38th:
A Bill to be entitled an Act to amend Code Section 39-1105, so as to change the rates to be allowed to the publishers for publishing legal advertisements; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1123. By Mr. Land of the 53rd:
A Bill to be entitled an Act to amend an Act creating and establishing a charter for the Town of Ivey, so as to extend the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1124. By Mr. Land of the 53rd:
A Bill to be entitled an Act to amend an Act establishing a new charter for the town of Allentown, so as to change the corporate limits of said town; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1125. By Messrs. Howard of the 101st, Wilson of the 102nd and Cooper of the 103rd:
A Bill to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, so as to provide that the solicitor general shall not be prohibited from practicing law except in any contested matter in any court in this State; and for other purposes.
Referred to the Committee on Special Judiciary.

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591

HB 1126. By Mrs. Merritt of the 68th and Mr. Parker of the 68th:
A Bill to be entitled an Act to provide for the election of the Sumter County Board of Education; to provide for education districts; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1127. By Mrs. Merritt of the 68th and Mr. Parker of the 68th:
A Bill to be entitled an Act to amend an Act entitled "An Act to change from the fee system to the salary system in the County of Sumter, the clerk of the superior and the clerk of the city courts thereof", so as to change certain provisions relating to the salary of the Clerk of the Superior Court of Sumter County and his clerks or deputies; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1128. By Mr. Kaylor of the 4th: A Bill to be entitled an Act to amend an Act abolishing the method of compensating the sheriff of Pannin County, so as to provide that the deputy appointed by the sheriff shall be furnished an automobile allow ance; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1129. By Mr. Kaylor of the 4th: A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Fannin County, so as to change the compensation of said commissioners; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1130. By Messrs. Bennett, Sullivan and Barfield of the 95th: A Bill to be entitled an Act to amend an Act incorporating the Town of Dasher, so as to redefine the corporate limits; to remove certain provisions relating to mayor; to remove certain provisions relating to the clerk and interim clerk; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1131. By Messrs. Bennett, Sullivan and Barfield of the 95th: A Bill to be entitled an Act to amend an Act entitled "An Act to place the sheriff of Lowndes County upon an annual salary", so as to pro vide that the sheriff of Lowndes County shall have the authority to fix the compensation of the chief deputy; and for other purposes.
Referred to the Committee on Local Affairs.

592

JOURNAL OP THE HOUSE,

HB 1132. By Messrs. McClatchey of the 138th and Busbee of the 79th:
A Bill to be entitled an Act to amend Ga. Code Sec. 113-903 (3) by providing that upon the death of a husband intestate leaving a wife and children or representatives of deceased children, it shall be pre sumed that the wife elects to take a child's part as provided by the section unless she files an application for dower as by law provided during her lifetime; and for other purposes.
Referred to the Committee on Judiciary.

HB 1133. By Mr. Otwell of the 10th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues for Porsyth County, so as to change the compensation of the chairman of the board; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1134. By Mr. Otwell of the 10th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioners of roads and revenues of the County of Dawson, so as to change the compensation of the commissioner of roads and revenues of said county; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1135. By Mr. Mixon of the 81st:
A Bill to be entitled an Act to amend Code Section 88-506 of the "Geor gia Health Code", so as to provide that written notice of the examina tion hearing may be given by the court of the ordinary by registered mail to two of the three nearest adult relatives residing within this State; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 1136. By Messrs. Vaughn of the 117th and Lambert of the 38th:
A Bill to be entitled an Act to provide for the awarding of attorney's fees and expenses for the answering or filing objections to certain improper interrogatories; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1137. By Mr. Clarke of the 45th:
A Bill to be entitled an Act to amend an Act changing the compensa tion of the tax collector of Butts County from the fee system to a sys tem whereby such tax collector shall be entitled to certain commissions

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593

and a salary, so as to change the method of compensating the tax collector of Butts County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1138. By Mr. McCracken of the 49th:
A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Jefferson County into the office of the tax com missioner of Jefferson County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1139. By Messrs. Adams of the 125th, Bond of the 136th, Gates of the 123rd, and others:
A Bill to be entitled "An Act to amend an Act entitled 'An Act to re quire the Tax Receiver of Tax Commissioner of Fulton County to re ceive tax returns for the City of Atlanta . . .', so as to authorize the Tax Commissioner to receive tax returns and collect taxes due the City of Atlanta located in Fulton County and DeKalb County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1140. By Messrs. Adams of the 125th, Bond of the 136th, Gates of the 123rd, and others:
A Bill to be entitled "An Act to amend Code Section 39-122 of the Code of 1933 of Georgia--Officer not to sell land out of his county; notice of levy on land", by adding thereto a new sentence to provide that in counties having a population of 500,000 or more, the Tax Col lector or Tax Commissioner ex officio sheriff who is otherwise author ized to collect taxes in a municipality lying partly in such county and partly in another county, may levy upon land in another county and may sell same for the purpose of collecting taxes for the municipality lying partly within the limits of the county in which said land lies; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1141. By Messrs. Adams of the 125th, Bond of the 136th, Gates of the 123rd, and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to con solidate the offices of Tax Receiver and Tax Collector of Fulton County into the office of Tax Commissioner of Fulton County", so as to authorize the Tax Commissioner of Fulton County to collect taxes due Atlanta in DeKalb County by levy and sale under tax executions; and for other purposes.
Referred to the Committee on Local Affairs.

594

JOURNAL OF THE HOUSE,

HB 1142. By Messrs. Adams of the 125th, Bond of the 136th, Gates of the 123rd, and others:
A Bill to be entitled an Act to amend an Act entitled "Zoning in Cer tain Counties" for the creating and establishment for counties having a population of 300,000, so as to provide that the hearing before the county authorities with respect to the modification or amendment of any portion of the comprehensive plan or zoning resolution shall be after a written report has been filed by the Planning Commission of the County, which report of such planning commission shall be within SO days after the public hearing held by such commission; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1143. By Messrs. Adams of the 125th, Bond of the 136th, Gates of the 123rd, and others:
A Bill to be entitled an Act to provide definite and uniform compensa tion to be paid to court reporters for the preparation of criminal and civil transcripts in counties of the State having a population of 500,000 or more; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1144. By Mr. Cato of the 89th:
A Bill to be entitled an Act to prohibit any person, firm, corporation, or agent of any person, firm or corporation from using simulated court process in the collection of debts; and for other purposes.
Referred to the Committee on Judiciary.

HB 1145. By Messrs. Oglesby and Russell of the 92nd:
A Bill to be entitled an Act to amend an Act establishing a system of public schools in the City of Thomasville, so as to provide that hence forth citizens elected to the Board of Education for the City of Thomas ville shall be chosen to fill seven distinct and designated posts; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1146. By Mr. Dickinson of the 27th:
A Bill to be entitled an Act to authorize all counties having a popula tion of not less than 16,700 nor more than 16,800, to establish and main tain a law library for the use of the judges, solicitors, and other officers of the courts of said counties; and for other purposes.
Referred to the Committee on Local Affairs.

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595

HB 1147. By Mr. Dickinson of the 27th:
A Bill to be entitled an Act to amend an Act providing for the abolish ing of the present mode of compensating the clerk of the superior court, the sheriff, the ordinary, and the tax commissioner of Douglas County, so as to change the method of compensating certain employees of Douglas County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1148. By Mr. Dickinson of the 27th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues of Douglas County, so as to change the Commissioner Districts; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1149. By Mr. Dickinson of the 27th:
A Bill to be entitled an Act to provide that the membership of the Board of Education of Douglas County shall consist of five members; to provide for education districts; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1150. By Mr. Dickinson of the 27th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Douglasville, so as to change the provisions relating to the compensation of the mayor and councilmen; and for other pur poses.
Referred to the Committee on Local Affairs.

HB 1151. By Mr. Smith of the 44th:
A Bill to be entitled an Act to change the terms of the superior court of Pike County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1152. By Messrs. Pickard of the 112th, Steis of the 100th, Farrar of the 118th, Egan of the 141st, Buck of the 112th and Floyd of the 7th:
A Bill to be entitled an Act to provide that any Bill relative to the compensation of any person, officer or official which is fixed by law and any bill containing provisions relative to such compensation must be introduced in the General Assembly during the first 10 days of any session thereof; and for other purposes.
Referred to the Committee on Industry.

596

JOURNAL OF THE HOUSE,

HB 1153. By Mr. Brown of the 34th:
A Bill to be entitled an Act to authorize certain counties in this State to establish and maintain a law library for the use of the judges, solicitors, ordinaries, clerks, and other officers and attorneys of said counties; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1154. By Messrs. Wiggins and Threadgill of the 32nd:
A Bill to be entitled an Act to amend an Act known as the "Carroll County Water Authority Act", so as to authorize such authority to acquire, construct, operate and maintain sewer systems, both sanitary and storm, sewage disposal and sewage treatment plants and any and all other related facilities; and for other purposes.
Referred to the Committee on Local Affairs.

By unanimous consent, the following Bill of the House was introduced, ordered engrossed and referred to the Committee on State of Republic:

HB 1155. By Messrs. Levitas of the 118th, Wiggins of the 32nd and McCracken of the 49th:
A Bill to be entitled an Act to amend Code Title 34, so as to provide that any political party or body seeking to have the names of their candidates for the office of presidential electors placed upon the ballot through nomination petitions shall not be required to compile a separate petition for each candidate for such office, but shall compile petitions upon which the entire slate of candidates of such party or body for the office of presidential electors are listed; and for other purposes.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

HB 1156. By Messrs. Sherman of the 105th and Maxwell of the 106th: A Bill to be entitled an Act to amend an Act known as "The Georgia Public Assistance Act of 1965", so as to provide that acceptance of public assistance payments after a certain date shall constitute a debt of the recipient; and for other purposes.
Referred to the Committee on Natural Resources.
HR 528-1156. By Mr. Dixon of the 83rd: A Resolution compensating Mr. L. D. Barden; and for other purposes.
Referred to the Committee on Appropriations.

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597

HE 529-1156. By Messrs. Farmer and Matthews of the 29th:
A Resolution proposing an amendment to the Constitution so as to provide the procedure where taxes other than ad valorem property taxes may be levied by Clarke County and the City of Athens, and to provide for a subsequent reduction of ad valorem taxes on real and personal property based upon the amount of funds received from such additional tax levies; and for other purposes.
Referred to the Committee on Local Affairs.

HR 530-1156. By Messrs. Tye and Whaley of the 115th, Richardson, Funk and Battle of the 116th, Smith and Gaynor of the 114th, and Gignilliat and Berry of the 113th:
A Resolution creating the Forward Georgia Commission; and for other purposes.
Referred to the Committee on Industry.

HR 531-1156. By Messrs. Sherman and DeLong of the 105th, Maxwell and Fleming of the 106th, Dent and Cheeks of the 104th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to empower the governing authority of Richmond County to adopt ordinances for the policing and govern ing of said county and the enforcement of all duties and powers now or hereafter vested in said governing authority and to provide penal ties for violation of such ordinances; and for other purposes.
Referred to the Committee on Local Affairs.

HR 532-1156. By Mr. Otwell of the 10th: A Resolution compensating Mrs. Ruby Odell Holbrook and her husband, Mr. Robert Andrew Holbrook; and for other purposes.
Referred to the Committee on Appropriations.
HR 533-1156. By Mr. Howard of the 101st: A Resolution compensating the heirs at law of the late Mr. William Couch; and for other purposes.
Referred to the Committee on Appropriations.
HB 1157. By Messrs. Richardson, Funk and Battle of the 116th, Smith and Gaynor of the 114th, Tye, and Whaley of the 115th, Gignilliat and Berry of the 113th: A Bill to be entitled an Act to amend an Act creating the Municipal Court of Savannah, so as to increase the justice of peace jurisdiction in said court; and for other purposes.
Referred to the Committee on Local Affairs.

598

JOURNAL OF THE HOUSE,

HB 1158. By Messrs. Adams of the 125th, Daugherty of the 134th, Bond of the 136th, McClatchey of the 138th and others:
A Bill to be entitled an Act to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the Solicitor-General of said Circuit, so as to provide that the compensation of the first assistant Solicitor-General and Trial Assistant Solicitors-General shall be fixed by the Solicitor-General within specified limits; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1159. By Messrs. Williams of the 16th, Johnson of the 40th, Nimmer of the 84th, Harris of the 14th, Cole of the 3rd, Anderson of the 71st, Vaughan of the 14th and Ward of the 2nd:
A Bill to be entitled an Act to amend an Act providing for the chain ing or cabling of loads of pulpwood, logs and lumber transported on the public highways of this state, so as to change the number of chains or cables which secure pulpwood to the vehicles on which it is being transported; to provide for the size of chains or cables which secure logs and lumber to the vehicle on which it is being transported; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 1160. By Mr. Snow of the 1st:
A Bill to be entitled an Act to amend an Act incorporating the City of Rossville, so as to provide for the appointment of a chief of the fire and police departments of the City of Rossville by the mayor and council; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1161. By Mr. Snow of the 1st:
A Bill to be entitled an Act to amend an Act incorporating the City of Rossville, so as to establish a recorder's court; and for other pur poses.
Referred to the Committee on Local Affairs.

HB 1162. By Mr. Snow of the 1st:
A Bill to be entitled an Act to amend an Act incorporating the City of Rossville, so as to change the compensation of the mayor and councilmen; to change the compensation of the tax assessor; and for other purposes.
Referred to the Committee on Local Affairs.

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599

HB 1163. By Mr. Rowland of the 48th:
A Bill to be entitled an Act to amend Code Section 8-101, relating to grounds of attachment, so as to remove the provisions allowing attach ments to issue when the debtor resides out of the State; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1164. By Messrs. Snow, Hale and Crowe of the 1st and Ward of the 2nd:
A Bill to be entitled an Act to amend an Act creating the Lookout Judicial Circuit, so as to increase the compensation of the solicitor general; to increase the compensation which may be paid to the clerk typist of the solicitor general; and for other purposes.
Referred to the Committee on Local Affairs.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1101. By Mr. Sherman of the 105th:
A Bill to be entitled an Act to amend Code Section 88-108 of the Georgia Health Code, so as to authorize the Department of Public Health to provide, direct and promote measures for the early detection and prevention of diseases affecting the medical or dental health of the citizens of Georgia; and for other purposes.

HB 1102. By Messrs. Lewis and Newton of the 50th, Parker of the 55th, Black of the 56th, Moate of the 39th:
A Bill to be entitled an Act to amend Code Section 40-2002, so as to increase the mileage expense allowance authorized to State officials and employees; and for other purposes.

HB 1103. By Messrs. Wilson of the 109th, Clarke of the 45th, Peterson of the 59th, Otwell of the 10th, Ross of the 31st and others:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relating to the allotment of teachers; and for other purposes.

HR 519-1103. By Mr. Laite of the 109th: A Resolution compensating the City of Macon; and for other purposes.

HR 520-1103. By Mr. Vaughn of the 117th:
A Resolution authorizing the conveyance of a certain tract of land, with improvements thereon, in Fulton County; and for other purposes.

600

JOURNAL OF THE HOUSE,

HE 521-1103. By Messrs. Bostick of the 93rd, Poss of the 17th and Cheeks of the 104th:
A Resolution proposing an amendment to the Constitution so as to increase the amount of loans and scholarships for medical students and to change the provisions relative to the repayment of such loans and scholarships, the State Medical Education Board and the Secretary of said Board; and for other purposes.

HB 1104. By Messrs. Westlake, Davis and Higginbotham of the 119th and Smith of the 117th:
A Bill to be entitled an Act to relieve qualified medical personnel who render emergency treatment in a hospital from civil liability when such emergency treatment is rendered at the direction and under the supervision of the medical authority in charge at such hospital; and for other purposes.

HR 524-1104. By Messrs. Parker of the 55th, Lane of the 64th, Farrar of the 118th, Lewis of the 50th, Barber of the 24th and others:
A Resolution directing the State Revenue Commissioner to undertake a complete, exhaustive examination of properties owned by Public utilities in order to ascertain their true fair market value for ad valorem taxation purposes; and for other purposes.

HB 1105. By Mr. Snow of the 1st:
A Bill to be entitled an Act to incorporate the City of Lookout Moun tain; and for other purposes.

HB 1106. By Mr. Gunter of the llth:
A Bill to be entitled an Act to amend Code Chapter 56-24, so as to provide that all insurance contracts of accident and sickness, including individual group and blanket policies, and all policies insuring the pay ment of compensation under any public law shall provide that the insured shall have full freedom of choice in the selection of any doctor or therapist duly licensed for the treatment of any illness or injury within the scope of his practice; and for other purposes.

HB 1107. By Mr. Gunter of the llth:
A Bill to be entitled an Act to amend Code Chapter 27-7, so as to provide that it shall not be a requirement that grand jurors sign an indictment in order for the indictment to be legally sufficient, but that the foreman of the grand jury shall sign the indictment before it has any legal effect; and for other purposes.

HB 1108. By Mr. Phillips of the 41st:
A Bill to be entitled an Act to provide for the election of members of the Board of Education of Columbia County; and for other purposes.

TUESDAY, JANUARY 30, 1968

601

HB 1109. By Mr. Phillips of the 41st:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Columbia County, so as to in crease the membership of the Board; and for other purposes.

HB 1110. By Mr. Phillips of the 41st:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court, sheriff, and tax commissioner of Columbia County on an annual salary, so as to change the compensation of the sheriff; and for other purposes.

HB 1111. By Messrs. Harrison of the 98th, Scarlett of the 85th, Whaley of the 115th, Colwell of the 5th, Dent of the 104th, Lane of the 126th, Stalnaker of the 59th, Walling of the 118th and others:
A Bill to be entitled an Act to amend an Act revising, consolidating and superseding the laws of this State relative to game and fish, so as to change the license fees for commercial fishing boats; and for other purposes.

HB 1112. By Mr. Harrison of the 98th:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Folkston, so as to authorize the mayor and council to appoint by resolution a city manager; and for other purposes.

HB 1113. By Mr. Harrison of the 98th:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Folkston, so as to increase and extend the corporate territorial limits of said city; and for other purposes.

HB 1114. By Mr. Harrison of the 98th:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Folkston, so as to authorize and empower the City of Folkston to abandon and close by ordinance portions of certain city streets and alleys; and for other purposes.

HE 525-1114. By Mr. Harrison of the 98th:
A Resolution designating Georgia State Routes 40 and 23 and 121 from Interstate 95 through Folkston to the Florida line as the "Okefenokee Parkway"; and for other purposes.

HR 526-1114. By Mr. Leggett of the 21st: A Resolution to compensate Paul C. Barton; and for other purposes.

602

JOURNAL OF THE HOUSE,

HB 1115. By Mr. Murphy of the 26th:
A Bill to be entitled an Act to amend an Act relating to demand for trial by a person accused of a capital offense, so as to provide that any person accused of a capital offense may enter a demand for a trial at any time; and for other purposes.

HB 1116. By Mr. Murphy of the 26th:
A Bill to be entitled an Act to amend Code Section 27-1901, relating to demand by accused for a trial, so as to provide that a demand for a trial may be made at any time; and for other purposes.

HB 1117. By Messrs. Murphy of the 26th, Caldwell of the 51st, Paris of the 23rd and Lane of the 64th:
A Bill to be entitled an Act to amend an Act relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to authorize the State Board of Corrections to apply for, accept,, and expend grants and gifts from the Government of the United States for the establishment, maintenance, or operation of penal rehabilitation programs; and for other purposes.

HB 1118. By Messrs. Murphy of the 26th, Caldwell of the 51st, Paris of the 23rd and Lane of the 64th:
A Bill to be entitled an Act to amend an Act to amend an Act relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to authorize the sale of certain goods created by inmates; and for other purposes.

HB 1119. By Messrs. Murphy of the 26th, Caldwell of the 51st, Paris of the 23rd and Lane of the 64th:
A Bill to be entitled an Act to amend an Act relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to authorize the State Board of Corrections to hire out any prisoner subject to the authority of said Board to agencies, bureaus, departments, or other branches of the Government of the United States; and for other purposes.

HB 1120. By Messrs. Murphy of the 26th, Caldwell of the 51st, Paris of the 23rd and Lane of the 64th:
A Bill to be entitled an Act to amend an Act relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to authorize the purchase of certain motor vehicles; and for other purposes.

TUESDAY, JANUARY 30, 1968

603

HB 1121. By Messrs. Murphy of the 26th, Caldwell of the 51st, Paris of the 23rd and Lane of the 64th:
A Bill to be entitled an Act to amend an Act to create the Georgia Prison Industries Administration; and for other purposes.

SB 205. By Senator Gardner of the 1st:
A Bill to he entitled an Act to prohibit the intentional inhaling of fumes from model glue for the purpose of causing intoxication; to define "model glue"; to prohibit selling and possessing model glue for illegal purposes; and for other purposes.

SB 221. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend Code Section 114-101, so as to provide the governing authority of any county in this State may pro vide that the sheriff and deputy sheriffs are deemed to be employees of such county for the purpose of Workmen's Compensation; and for other purposes.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the following Resolution of the House, to-wit: HR 522. By Mr. Harris of the 118th:
A Resolution paying tribute to the municipal officials and employees of Georgia upon the occasion of the Tenth Annual Georgia Mayors' Day.

The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:

SB 204. By Senator Johnson of the 42nd:
A Bill to be known as "The Common Day of Rest Act of 1968"; and for other purposes.

SB 234. By Senators Eldridge of the 7th, Flowers of the 10th, Young of the 13th and others:
A Bill to establish the State Department of Air Transportation; and for other purposes.

604

JOURNAL OF THE HOUSE,

SB 245. By Senator Kidd of the 25th:
A Bill to amend an Act establishing the Georgia State War Veterans Home, so as to redefine the term "war veterans"; to repeal conflicting laws; and for other purposes.

SB 258. By Senator Kidd of the 25th:
A Bill to amend an Act providing for the issuance of automobile license tags to disabled veterans, so as to provide for the issuance of license tags to certain other veterans; to repeal conflicting laws; and for other purposes.

SB 260. By Senator Kidd of the 25th:
A Bill to prohibit clerks of the superior courts from charging veterans of certain wars a fee for recording their discharge certificates, so as to prohibit the clerks of the superior courts from charging any vet eran a fee for recording his discharge certificate; to repeal conflicting laws; and for other purposes.

Mr. Rainey of the 69th, Chairman of the Committee on Game and Fish, submitted the following report:
Mr. Speaker:
Your Committee on Game and Fish has had under consideration the follow ing Bill and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 507. Do Pass. HB 1111. Do Pass.
Respectfully submitted, Rainey of the 69th, Chairman.
Mr. Vaughn of the 117th, Chairman of the Committee on Highways, sub mitted the following report:
Mr. Speaker:
Your Committee on Highways has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 992. Do Pass by Substitute. Respectfully submitted, Vaughn of the 117th, Chairman.

TUESDAY, JANUARY 30, 1968

605

Mr. Clarke of the 45th, Chairman of the Committee on Local Affairs, sub mitted the following report:

Mr. Speaker:

Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1007. Do Pass. HB 1019. Do Pass. HB 1086. Do Pass. HB 1100. Do Pass. HB 1105. Do Pass. HR 501-1090. Do Pass. HR 504-1093. Do Pass.
Respectfully submitted, Clarke of the 45th, Chairman.

Mr. Pickard of the 112th, Chairman of the Committee on Industry, submit ted the following report:
Mr. Speaker:
Your Committee on Industry has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 969. Do Pass. Respectfully submitted, Pickard of the 112th, Chairman.
Mr. Steis of the 100th, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the fol lowing Bills of the House and has instructed me as Chairman, to report the

606

JOURNAL OF THE HOUSE,

same back to the House with the following recommendations: HB 950. Do Pass as Amended. HB 1031. Do Pass by Substitute. HB 756. Do Not Pass. Respectfully submitted, Steis of the 100th, Chairman.

Mr. Steis of the 100th, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the fol lowing Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:

HB 865. Do Pass as Amended.

Respectfully submitted, Steis of the 100th, Chairman.

Mr. Matthews of the 29th, Chairman of the Committee on University Sys tem of Georgia, submitted the following report:
Mr. Speaker:
Your Committee on University System of Georgia has had under considera tion the following Bills and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recom mendations :
HB 1064. Do Pass. HB 1065. Do Pass. HB 1066. Do Pass. HB 1062. Do Pass. HR 494-1071. Do Pass.
Respectfully submitted, Matthews of the 29th, Chairman.

TUESDAY, JANUARY 30, 1968

607

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:

SB 204. By Senator Johnson of the 42nd: A Bill to be entitled an Act known as "The Common Day of Eest Act of 1968"; and for other purposes.
Referred to the Committee on Industry.

SB 234. By Senators Eldridge of the 7th, Flowers of the 10th, Young of the 13th and Rowan of the 8th:
A Bill to be entitled an Act to establish the State Department of Air Transportation; and for other purposes.
Referred to the Committee on Rules.

SB 245. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act establishing the Georgia State War Veterans Home, so as to redefine the term "war veterans"; and for other purposes.
Referred to the Committee on Defense and Veterans Affairs.

SB 258. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act providing for the issuance of automobile license tags to disabled veterans, so as to provide for the issuance of license tags to certain other veterans; and for other purposes.
Referred to the Committee on Motor Vehicles.

SB 260. By Senator Kidd of the 25th:
A Bill to be entitled an Act to prohibit clerks of the superior courts from charging veterans of certain wars a fee for recording their dis charge certificates, so as to prohibit the clerks of the superior courts from charging any veteran a fee for recording his discharge certificate; and for other purposes.
Referred to the Committee on Special Judiciary.

Mr. Lane of the 126th asked unanimous consent that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

608

JOURNAL OF THE HOUSE,

HB 849. By Messrs. Lane of the 126th, Cox of the 127th, Dillon of the 128th and Davis of the 119th:
A Bill to be entitled an Act to create the Board of Recreation Examiners of the State of Georgia as a division of the Georgia Recreation Com mission; and for other purposes.
The consent was granted, and HB 849 was reconsidered.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Natural Resources and referred to the Committee on Welfare:

HB 1156. By Messrs. Sherman of the 105th and Maxwell of the 106th:
A Bill to be entitled an Act to amend an Act known as "The Georgia Public Assistance Act of 1965" so as to provide that acceptance of public assistance payments after a certain date shall constitute a debt of the recipient; and for other purposes.

The following Resolutions of the House were read and adopted:

HR 540. By Mr. Smith of the 54th and the Chatham Delegation:
A RESOLUTION
Commending Mr. W. Kirk Sutlive; and for other purposes.
WHEREAS, Mr. W. Kirk Sutlive is a native of Savannah, and one of Georgia's most distinguished citizens; and
WHEREAS, during his outstanding career, Mr. Sutlive has served honorably and ably in many important positions including: President, Georgia Press Association; President, Associated Industries of Geor gia; President, Georgia Forestry Association; President, Savannah Chamber of Commerce; and Georgia District Governor of Kiwanis International; and
WHEREAS, in addition to his remarkable past achievements, Mr. Sutlive presently serves as Chairman of the Board, Georgia State Chamber of Commerce; Member of the Board, Georgia Department of Industry and Trade; Member of the Board, Forest Research Council of Georgia; Member, Public Relations Committee, American Forest Prod ucts Industries; and Member of the Board, Georgia Forestry Associa tion; and
WHEREAS, Mr. Sutlive has served as the Public Relations Direc tor, Savannah Plant, Union Camp Corporation, since 1943; and
WHEREAS, in that capacity, he has consistently brought honor, not only to himself, but to his company, his City and his State.

TUESDAY, JANUARY 30, 1968

609

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Mr. W. Kirk Sutlive for his distinguished career as one of Georgia's most outstanding citizens.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution, with the Seal of the House affixed thereto, to Mr. W. Kirk Sutlive.

HR 541. By Messrs. Dodson of the 107th, Miller of the 108th, Knapp, Ragland and Wilson of the 109th:
A RESOLUTION
Expressing regrets at the passing of William E. Laite, III; and for other purposes.
WHEREAS, recently a tragic accident took the life of William E. Laite, III, the beloved son of the distinguished Representative repre senting the 109th House District, William E. Laite, Jr.; and
WHEREAS, the members of this body recognize the grief and stress which the loss of this fine young citizen of the State of Georgia has brought to the family of the able Representative from the 109th District; and
WHEREAS, many of the members of this body had the high privi lege and distinct honor of having been acquainted with this fine young man who always was a credit to his family and State and epitomized the characteristics which all fathers and mothers strive for in the development of their children; and
WHEREAS, at this most difficult time in the lives of Representa tive Laite and his lovely wife, Marilyn, our hearts go out to this fine family.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby express to the family of the late William E. Laite, III, its deepest sympathy and most heartfelt regrets at the tragic loss of this beloved member of this distinguished Georgia family.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an appropriate copy of this Resolution to Representative William E. Laite, Jr.
Pursuant to HR 383-867, favorably reported by Committee substitute on Monday, January 29, 1968, Honorable George L. Smith II, Speaker of the House of Representatives made the following remarks:

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JOURNAL OP THE HOUSE,

On Thursday, February 1, 1968, the House of Representatives will meet under very grave circumstances to discharge a duty to the people of the State of Georgia pursuant to provisions of our State Constitu tion. On that date, the members of this body will take up for considera tion a resolution, which was reported out of the Judiciary Committee by substitute, calling for the impeachment of Mr. J. W. Claxton, a mem ber of the State Board of Pardons and Paroles.

Due to the seriousness of this matter, I have felt it my duty as your Speaker to give it deliberate study in order that I might make recommendations relative to the procedure which should be followed by this House. I know that every member joins me in the desire that the consideration of this resolution be conducted in a responsible and statesmanlike manner. With these thoughts in mind, it is my judgment that the proceedings should be held under the following conditions:

1. Absolute order and perfect decorum must be maintained at all times.

2. All of the proceedings will be open to the public and to the news media, but no disturbance or undue noise will be permitted.

3. House Rule 23 relative to the privileges of the floor will be strictly enforced and all members of the House are respectfully re quested to wear their identification badges.

4. The rules of the House will be suspended in order to allow Mr. Claxton and his counsel to be present on the floor of the House in order that they may hear the entire presentation of the Judiciary Committee.

5. The committee substitute will be considered as any other reso lution and shall be presented to the House as follows:
(a) The Chairman of the Judiciary Committee and, in his dis cretion, such other members of the Committee as he shall designate, shall present to the House the evidence and documents forming the basis for the charges contained in the committee substitute.

(b) During the period of the presentation, any member of the House shall have the right to propose a question or questions to the person making such presentation.
(c) At the close of the presentation by the Judiciary Com mittee, Mr. Claxton shall have the right to make such statement to the House as he desires.
(d) At the close of Mr. Claxton's statement, members of the House shall have the right to debate said matter in the manner prescribed by the rules of the House.
I hope that you agree with these recommendations, and I know that with your help and cooperation we can discharge the duties imposed upon us with the dignity and respect which the people have the right to expect from their duly elected Representatives.

TUESDAY, JANUARY 30, 1968

611

Under the general order of business, the following Bills and Resolution of the House were taken up for consideration and read the third time:

HB 875. By Messrs. Lovell of the 6th, Potts of the 33rd, Smith of the 44th and Williams of the 16th:
A Bill to be entitled an Act to amend an Act known as the "Motor Vehicle Certificates of Title Act", so as to provide that the certificate of title shall contain the certificate or origin of the vehicle; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows :

Those voting in the affirmative were Messrs.

Adams Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bostick Branch Brantley, H. H. Brantley, H. L. Bray Brown, C. Buck Busbee Caldwell Carnes Gates Cato Cheeks Clarke Cole Collins, J. P. Collins, M. Conner Cook Cooper, B.

Cooper, J. R. Crowe, William Crowe, W. J. Dailey Daugherty DeLong Dent Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards Fallin Farrar Fleming Floyd Gary Gay Gaynor Gignilliat Graves Gunter ^Hamilton Hargrett Harris, J. F. Harris, J. R. Harrison Henderson

Higginbotham Hill Holder Hood Howard Hutchinson Jenkins Johnson, A. S. Jordan, G. Jordan, W. H. Kaylor Knapp Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lovell Lowrey Magoon Malone Matthews, C. Mauldin Maxwell McClatchey McDaniell Melton

612
Merritt Mixon Moore, Don C. Moreland Mullinax Murphy Nessmith Newton Nimmer Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson

JOURNAL OF THE HOUSE,

Phillips Pickard Poss Potts Reaves Richardson Roach Ross Rush Russell Savage Shanahan Sherman Shields Simmons Sims Smith, J. R. Smith, W. L. Stalnaker

Starnes Steis Sullivan Sweat Thompson, A. W. Thompson, R. Threadgill Tye Vaughan, D. N. Vaughn, C. R. Walling Wamble Ware Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Alexander Bond Bo wen Brown, B. D. Chandler Colwell Cox Davis Dean Dickinson Egan Farmer Funk Grahl Grier Hadaway Hale Hall Harrington

Harris, R. W. Howell Johnson, B. Joiner Jones, C. M. Jones, M. Kirksey Laite Leggett Leonard Levitas Mason Matthews, D. R. McCracken Miller Moate Moore, J. H. Nash

Northcutt Ragland Rainey Rowland Scarlett Shuman Smith, G. W. Smith, V. T. Snow Townsend Tucker Turner Underwood Ward Wells Westlake Wiggins Mr. Speaker

On the passage of the Bill, the ayes were 150, nays 0.

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

Messrs. Wells of the 30th and Johnson of the 40th stated that they had been called from the floor of the House when the roll was called on HB 875, but had they been present would have voted "aye".

TUESDAY, JANUARY 30, 1968

613

HB 877. By Messrs. Bennett of the 95th, Sullivan of the 95th and Cox of the 127th:
A Bill to be entitled an Act to restore the right of suffrage and the right of citizenship to Albert J. Schroer, Jr.; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bostick Branch Brantley, H. H. Brantley, H. L. Bray Brown, C. Buck Busbee Caldwell Games Gates Cheeks Clarke Cole Collins, J. F. Collins, M. Conner Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty DeLong Dent

Dillon Dodson Dormity Doster Douglas Edwards Egan Fallin Farrar Fleming
Gary
Gay Gaynor Gignilliat Graves Grier Gunter Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Hill Holder Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jordan, G. Jordan, W. H.

Kaylor Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Longino Lowrey Magoon M alone Matthews, C. Mauldin Maxwell McClatchey McDaniell Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nes smith Nimmer Odom Oglesby Otwell Pafford Palmer Parker, C. A. Parrish Peterson

614
Phillips Poss Potts Ragland Reaves Richardson Roach Ross Rowland Rush Savage Shanahan Sherman Shields

JOURNAL OP THE HOUSE,

Shuman Simmons Sims Smith, J. R. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Thompson, A. W. Thompson, R. Threadgill Townsend

Tye Vaughan, D. N. Vaughn, C. R. Walling Ward Ware Wells Whaley Williams Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Bond Bo wen Brown, B. D. Cato Chandler Colwell Cook Davis Dean Dickinson Dixon Dollar Farmer Ployd Punk Grahl Hadaway

Hale Hall Higginbotham Jones, M. Kirksey Knapp Laite Leonard Lewis Lovell Mason Matthews, D. R. McCracken Melton Nash Newton Northcutt

Paris Parker, H. W. Pickard Rainey Russell Scarlett Smith, G. W. Smith, V. T. Sweat Tucker Turner Underwood Wamble Westlake Wiggins Wilson, J. M. Mr. Speaker

On the passage of the Bill, the ayes were 154, nays 0.

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

HB 1023. By Messrs. Wiggins and Threadgill of the 32nd, Underwood of the 61st and McCracken of the 49th:
A Bill to be entitled an Act to amend Code Chapter 34-10, so as to pro vide that all petitions for the nominations of candidates shall be filed with the Ordinary of that county within which the petition was circu lated and signatures compiled; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

TUESDAY, JANUARY 30, 1968

615

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Branch Brantley, H. L. Bray
Brown, B. D. Brown, C. Buck Busbee Carnes Cato Chandler Cheeks Clarke Cole
Collins, J. F. Collins, M. Conner Cooper, B. Cox Crowe, William Crowe, W. J. Dailey Daugherty DeLong Dent Dickinson Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards Fallin Fleming Floyd Funk

Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Holder Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, W. H. Kirksey Knapp Lambert Lambros Land Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Longino Lovell Lowrey Magoon M alone Mason Matthews, C. Mauldin Maxwell McClatchey

McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, J. H. Moreland Mullinax Murphy Nessmith Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, W. L. Snow Stalnaker Starnes Steis Sweat Thompson, A. W.

616
Thompson, R. Threadgill Tye Underwood Vaughan, D. N. Vaughn, C. R.

JOURNAL OF THE HOUSE,

Walling Wamble Ward Ware Wells Westlake

Whaley Wiggins Wilson, J. M. Wilson, R. W. Winkles

Those voting in the negative were Messrs:

Cook Egan

Hill Townsend

Those not voting were Messrs.:

Battle Bo wen Brantley, H. H. Caldwell Gates Colwell Cooper, J. R. Davis Dean Farmer Farrar Hadaway

Hale Jordan, G. Kaylor Laite Lane, Dick Leonard Levitas Matthews, D. R. Moore, Don Nash Newton Nimmer

Northcutt Pickard Smith, J. R. Smith, V. T. Sullivan Tucker Turner Williams Wood Mr. Speaker

On the passage of the Bill, the ayes were 167, nays 4.

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

Mr. Levitas of the 118th stated that he had been called from the floor of the House when the roll was called on HB 1023, but had he been present would have voted "aye".

HB 1055. By Messrs. McCracken of the 49th, Wiggins of the 32nd, Maxwell of the 106th, Lambert of the 38th and Underwood of the 61st: A Bill to be entitled an Act to amend Code Chapter 34-7, relating to elec tion districts and polling places, so as to provide that no election district shall contain more than 2,000 electors if at the last general election all persons desiring to do so had not completed voting one hour following the closing of the poll; and for other purposes.
An amendment, offered by Mr. Paris of the 23rd, was read and lost.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

TUESDAY, JANUARY 30, 1968

617

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Battle Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Branch Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Conner Cook Cooper, B. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis DeLong Dent Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards Egan Fallin

Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambert Lambros Land Lane, Dick Lee, W. J. (Bill) Leggett Leonard Levitas Longino

Lovell Lowrey Magoon Malone Mason Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Moate Mullinax Nimmer Northcutt Oglesby Otwell Pafford Palmer Parker C. A. Parrish Peterson Phillips Pickard Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rush Russell Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, W. L. Snow Stalnaker Starnes Steis

618

JOURNAL OF THE HOUSE,

Sullivan Sweat Thompson, A. W. Thompson, R. Threadgill
Tye Underwood

Vaughan, D. N. Vaughn, C. R. Walling Ward Ware Wells Westlake

Whaley Wiggins Wilson, J. M. Wilson, R. W. Winkles

Those voting in the negative were Messrs:

Bo wen Dean Lane, W. J. Lee, W. S.

Lewis Mixon Moore, Don C. Murphy

Odom Paris Parker, H. W.

Those not voting were Messrs.:

Barfield Bennett Brantley Colwell Cooper, J. R. Dickinson Hale Hood Matthews, D. R.

Moore, J. H. Moreland Nash Nessmith Newton Rowland Savage Smith, J. R. Smith, V. T.

Townsend Tucker Turner Wamble Williams Wood Mr. Speaker

On the passage of the Bill, the ayes were 169, nays 11.

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

HR 489-1060. By Messrs. McCracken of the 49th, Mixon of the 81st, Wiggins of the 32nd, Maxwell of the 106th, Lambert of the 38th and Underwood of the 61st:
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide that the Lieutenant Governor-Elect shall succeed to the Governorship in the event of the death of the Governor-Elect; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
The Constitution is hereby amended by adding to the third sentence in Article V, Section I, Paragraph VII, between the words "Lieutenant Governor" and "shall exercise" the following:

TUESDAY, JANUARY 30, 1968

619

"and in case of the death or resignation of the Governor-Elect, the Lieutenant Governor-Elect, who shall be deemed to be the Gov ernor's successor, upon becoming the Lieutenant Governor,",

and by striking therefrom the following: "for members of the General Assembly", so that when so amended said sentence shall read:

"In case of the death, resignation, or disability of the Gover nor, the Lieutenant Governor, and in case of the death or resigna tion of the Governor-Elect, the Lieutenant Governor-Elect, who shall be deemed to be the Governor's successor upon becoming the Lieu tenant Governor, shall exercise the executive power and receive the compensation of the Governor until the next General Election, at which a successor to the Governor shall be elected for the unexpired term; but if such death, resignation, or disability shall occur within thirty days of the next General Election, or if the term will expire within ninety days after the next General Election, the Lieutenant Governor shall exercise the executive power and receive the compen sation for the unexpired term."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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 the Lieutenant-Governor-Elect shall succeed to
NO ( ) the Governorship in the event of the death of the Gov ernor-Elect?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

620

JOURNAL OF THE HOUSE,

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Buck
Busbee Caldwell Carnes Gates Cato Chandler Cheeks Clarke
Cole
Collins, J. F. Collins, M. Colwell Conner Cooper, B. Cooper, J. E. Cox Crowe, William Crowe, W. J. Dailey Da vis Dean DeLong Dent Dillon Dixon Dodson Dollar Dorminy Doster

Douglas Edwards Egan Fallin Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Higginbotham Hill Holder Hood Howard Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jordan, G. Jones, M. Jordan, W. H. Kirksey Knapp Laite Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S.

Leggett Leonard Levitas Longino Lovell Lowrey M alone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Mullinax Murphy Nessmith Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parrish Peterson Phillips Pickard Poss Potts Ragland Rainey Reaves Richardson Roach Russell Scarlett Shanahan Sherman Shuman

TUESDAY, JANUARY 30, 1968

621

Simmons Sims Smith, G. W. Smith, W. L. Snow Stalnaker Starnes Steis Sweat Thompson, A. W.

Thompson, R. Threadgill Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware

Wells Westlake Whaley Wiggins Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Ballard Brown, C. Cook Daugherty Dickinson Hadaway Hale Harrison Howell Kaylor

Lewis Magoon Moreland Nash Newton Nimmer Parker, H. W. Ross Rowland Rush

Savage Shields Smith, J. R. Smith, V. T. Sullivan Townsend Tucker Turner Williams Mr. Speaker

On the adoption of the Resolution, the ayes were 175, nays 0.

The Resolution, having received the requisite two-thirds constitutional major ity, was adopted.

Mr. Lewis of the 50th stated that he had been called from the floor of the House when the roll was called on HR 489-1060, but had he been present would have voted "aye".

HB 1052. By Messrs. McCracken of the 49th, Mixon of the 81st, Wiggins of the 32nd, Lambert of the 38th and Underwood of the 61st:
A Bill to be entitled an Act to amend Code Chapter 34-13, relating to the conduct of primaries and elections, so as to prescribe additional methods whereby electors may cast their vote; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 127, nays 5.

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

622

JOURNAL OF THE HOUSE,

HB 1056. By Messrs. McCracken of the 49th, Mixon of the 81st, Maxwell of the 106th, Lambert of the 38th and Underwood of the 61st:
A Bill to be entitled an Act to amend Code Section 34-1218, relating to the number of vote recorders required to be provided for each election district, so as to provide that at least one vote recorder for each 300 electors or fraction thereof shall be provided by the governing author ity in each election district in which vote recorders are used; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Battle Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Busbee Caldwell Carnes Gates Cato Chandler Cheeks Clarke Cole Collins, J. P. Collins, M. Colwell Conner Cook

Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent
Dickinson Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards Egan Fallin Farrar Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway

Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hill Holder Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Joiner Jones, C. M. Jordan, G. Jordan, W. H. Kirksey Knapp Laite Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leggett Leonard Le vitas Lewis Longino

Lovell Lowrey Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Oglesby Otwell

TUESDAY, JANUARY 30, 1968

623

Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland Rainey Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shuman Simmons Sims Smith, G. W.

Smith, W. L. Snow Stalnaker Starnes Steis Sullivan
Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Wiggins Wilson, R. W. Winkles Woods

Those voting in the negative were Messrs:

Bennett

Lee, W. S.

Odom

Those not voting were Messrs.:

Buck Farmer Fleming Hale Henderson Higginbotham Johnson, B.

Jones, M. Kaylor Magoon Moreland Reaves Shields Smith, J. R.

Smith, V. T. Tucker Turner Tye Williams Wilson, J. M. Mr. Speaker

On the passage of the Bill, the ayes were 181, nays 3.
The Bill, having received the requisite constitutional majority, was passed.
HB 1053. By Messrs. McCracken of the 49th, Mixon of the 81st, Wiggins of the 32nd, Lambert of the 38th and Underwood of the 61st: A Bill to be entitled an Act to amend Code Title 34, relating to elections, so as to change the provisions therein relating to the procedure for vot ing for presidential electors; and for other purposes.

624

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Anderson Ballard Barber Berry, C. E. Berry, J. K. Black Blalock Bostick Branch Brantley, H. L. Bray
Brown, C. Buck Busbee Caldwell Carnes Cato Chandler Cheeks Clarke Cole Collins, J. P. Coiling, M. Colwell Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Davis Dean DeLong Dent Dickinson Dillon Dixon Dollar Dorminy Doster Douglas Edwards Tallin Farmer

Fleming Floyd Funk Gary
Gay Gignilliat Grahl Graves Gunter Hadaway Hall Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Holder Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Kirksey Lambert Lambros Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Longino Lovell Lowrey Malone Mason Matthews, C.

Matthews, D. R. Mauldin McDaniell Melton Merritt Miller Mixon Moore, Don C. Moore, J. H. Mullinax Murphy Nash Newton Nimmer Northcutt Otwell Pafford Palmer Paris Parker, H. W. Parrish Peterson Phillips Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shuman Sims Smith, W. L. Snow Stalnaker Starnes Steis

Sullivan Sweat Thompson, R. Threadgill Turner Tye

TUESDAY, JANUARY 30, 1968

625

Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware

Wells Whaley Wiggins Wilson, J. M. Winkles Wood

Those voting in the negative were Messrs.

Battle Bond Brown, B. D. Cook Dodson Egan

Grier Higginbotham Hill Hood Knapp Oglesby

Smith, G. W. Townsend Westlake Wilson, R. W.

Those not voting were Messrs.:

Alexander Barfield Bennett Bowen Brantley, H. H. Gates Conner Daugherty Farrar Gaynor Hale Hamilton

Jordan, W. H. Kaylor Laite Land Lane, W. J. Magoon Maxwell McClatchey McCracken Moate Moreland Nessmith

Odom Parker, C. A. Pickard Shields Simmons Smith, J. R. Smith, V. T. Thompson, A. W. Tucker Underwood Williams Mr. Speaker

On the passage of the Bill, the ayes were 153, nays 16.

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

Mr. Odom of the 79th stated that due to mechanical error his vote did not record, and he wished to be recorded in the Journal as voting "aye" on HB 1053.
HB 1054. By Messrs. McCracken of the 49th, Mixon of the 81st, Wiggins of the 32nd, Maxwell of the 106th, Lambert of the 38th and Underwood of the 61st:
A Bill to be entitled an Act to amend Code Section 34-1001, relating to the filing of a notice of candidacy, so as to require candidates who are the nominees of a political party by virtue of the convention method of nomination, except substitute candidates nominated by the conven tion method, to file their notice of candidacy at least 60 days prior to the general election; and for other purposes.

626

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 127, nays 2.

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

HB 1058. By Messrs. McCracken of the 49th, Wiggins of the 32nd, Maxwell of the 106th, Lambert of the 38th and Underwood of the 61st:
A Bill to be entitled an Act to amend Code Section 34-205, relating to the compensation of the members of the State Election Board, so as to change their compensation; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Battle Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch Brantley, H. L. Bray Brown, C. Buck Busbee Caldwell Carnes Gates Cato
Chandler Cheeks

Clarke Cole Collins, J. F. Colwell Conner Cooper, B. Cooper, J. R. Cox, W. J. Crowe, William Crowe, W. J. Dailey Daugherty Davis DeLong Dent Dickinson Dillon Dollar Dorminy Doster Douglas Edwards Egan
Fallin Farmer

Farrar Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway Hale Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham
Hill Holder

Howard Hutchinson Jenkins Johnson, A, S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kirksey Laite Lambert Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leggett Leonard Longino Lovell Lowrey Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell

TUESDAY, JANUARY 30, 1968

627

Melton Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Oglesby Otwell Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Poss Potts Ragland Rainey Reaves Roach Ross Rowland

Rush Russell Savage Scarlett Shanahan Shuman Simmons Sims Smith, W. L. Snow Stalnaker
Steis Sullivan
Sweat Thompson, R. Threadgill Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Whaley Wiggins Wilson, J. M. Winkles Wood

Those voting in the negative were Messrs.:

Collins, M, Dixon Dodson Hall Hood

Knapp Lee, W. S. Lewis Odom Pafford

Richardson Sherman Westlake Wilson, R. W.

Those not voting were Messrs.:

Barfield Bennett Brantley, H. H. Brown, B. D. Cook Dean Howell Kaylor

Land Levitas Magoon Moreland Pickard Shields Smith, G. W. Smith, J. R.

Smith, V. T. Starnes Thompson, A. W, Townsend Tucker Williams Mr. Speaker

On the passage of the Bill, the ayes were 168, nays 14. The Bill, having received the requisite constitutional majority, was passed.

628

JOURNAL OF THE HOUSE,

HB 1057. By Messrs. McCracken of the 49th, Wiggins of the 32nd, Maxwell of the 106th, Lambert of the 38th and Underwood of the 61st:
A Bill to be entitled an Act to amend Code Section 34-202, relating to the duties of the State Election Board, so as to change the duties of the State Election Board, and authorize them to exercise additional powers as they relate to primaries and elections; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Barber Berry, J. K. Black Blalock Bond Branch Brantley, H. L. Bray Brown, B. D. Brown, C. Buck, T. B. Busbee Caldwell Games Gates
Cato
Chandler
Cheeks
Clarke
Cole
Collins, J. F.
Collins, M.
Colwell
Conner
Cooper, B.
Cox
Crowe, William
Crowe, W. J.
Dailey

Daugherty Dent Dickinson Dillon Dixon Dollar Doster Douglas Edwards Egan Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor
Gignilliat
Grahl
Graves
Grier
Gunter
Hale
Hall
Hamilton
Harrington
Harris, J. F.
Harris, J. R.
Harris, R. W.
Harrison
Henderson

Holder Howard Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, W. H. Kirksey Laite Lambert Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S.
Leggett
Leonard
Lewis
Longino
Lovell
Lowrey
Magoon
Malone
Matthews, C.
Mauldin
Maxwell
McClatchey
McCracken
McDaniell

Melton Merritt Miller Moate Moore, Don C. Moreland Mullinax Nash Nessmith Newton Nimmer Northcutt Otwell Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips

TUESDAY, JANUARY 30, 1968

629

Poss Potts Ragland Rainey Reaves Richardson
Roach Rowland Rush Russell Savage Scarlett Shanahan Shuman Simmons Sims Smith, J. R. Smith, W. L. Snow Stalnaker

Starnes Steis Sullivan Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Wiggins Wilson, J. M.

Those voting in the negative were Messrs.:

Ballard Cook Davis DeLong Dodson Fallin Higginbotham

Hill Kaylor Knapp Levitas Matthews, D. R. Mixon Odom

Oglesby Pafford Sherman Westlake Whaley Wilson, R. W.

Those not voting were Messrs.:

Barfield Battle Bennett Berry, C. E. Bostick Bowen Brantley, H. H. Cooper, J. R. Dean Dorminy

Had away Hargrett Hood Howell Jordan, G. Land Mason Moore, J. H. Murphy Pickard

Ross Shields Smith, G. W. Smith, V. T. Tucker Williams Winkles Wood Mr. Speaker

On the passage of the Bill, the ayes were 156, nays 20.

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

The Speaker announced the House recessed until 1:30, P. M. AFTERNOON SESSION
The Speaker called the House to order.

630

JOURNAL OF THE HOUSE,

Under the general order of business, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time:

HB 1051. By Messrs. McCracken of the 49th, Mixon of the 81st, Wiggins of the 32nd, Maxwell of the 106th, Lambert of the 38th and Underwood of the 61st:
A Bill to be entitled an Act to amend Title 34 of the Code of Georgia, relating to elections as to provide for additional deputy registrars; to provide that certain tax commissioners or tax collectors shall be a dep uty to certain boards of registrars; to provide for the hours which the main office of the board of registrars shall remain open; to change certain of the procedures relating to the registration of electors; and for other purposes.

The following amendments were read and adopted:

Committee on State of Republic moves to amend House Bill No. 1051, as follows:
By inserting in the title immediately before the phrase:
"to allow poll officers to vote by absentee ballot;", the following:
"to authorize the use of more than one tabulating center for tabulat ing votes cast on vote recorders;".
By renumbering Sections 14 through 17 as Sections 15 through 18, respectively.
By inserting following Section 13 a new Section 14 to read as fol lows:
"Section 14. Said Title is further amended by adding at the end of subsection (d) of Code Section 34-1328, relating to the duties of poll officers after the close of the polls in districts in which vote recorders are used, the following:
'or centers, as designated by the superintendent',
so that when so amended, subsection (d) of Code Section 34-1328 shall read as follows:
'(d) Place ballot cards in the ballot container to be taken to the teanbtu;'la"ting machine center or centers, as designated by the superintend
Committee on State of Republic moves to amend House Bill No. 1051 as follows:

TUESDAY, JANUARY 30, 1968

631

By striking from quoted subsection (a) of Section 15 the word "counties" as it appears between the words "the" and "of", and substi tuting in lieu thereof the word "confines".

Mr. Gunter of the llth moves to amend HB 1051 as follows:

Sec. 18. If any provision, clause, or section of this Act shall be declared invalid, void, or unconstitutional, such declaration shall not affect the other provisions of the Act which shall remain of full force and effect.

Mr. Brantley of the 63rd moves to amend HB 1051 by striking the period at the end of Section 4 and inserting in lieu thereof a comma and adding the following language:

"provided however, the provisions of this section shall not apply in those counties having a population of less than 40,000, according to the 1960 decennial census or any future census."

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Bond Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Carnes Gates Cato Cheeks Cole

Coiling, J. P. Coiling, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Crowe, William Crowe, W. J. Dailey Daugherty Davis DeLong Dent Dickinson Dillon Dixon Dodson Dollar Douglas Edwards Egan Fallin

Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Hadaway Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham Hill

632

JOURNAL OF THE HOUSE,

Holder Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Lambros Land Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Longino Lovell Lowrey Malone Mason Matthews, C. Mauldin Maxwell

McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moreland Nash Newton Nimmer Northcutt Otwell Pafford Palmer Paris Parker, C A. Parrish Peterson Phillips Poss Potts Ragland Rainey Reaves Roach Ross Rowland Rush Russell Scarlett Shanahan

Sherman Shuman Simmons Sims Smith, J. R. Smith, W. L. Snow Starnes Steis Sullivan Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Wells Westlake Whaley Wiggins Wilson, R. W. Winkles Wood

Those voting in the negative were Messrs.:

Ballard Bowen Dean

Lewis Moore, Don C. Moore, J. H.

Odom

Those not voting were Messrs.:

Anderson Blalock Bostick Caldwell Chandler Clarke Cox Dorminy Doster Gunter Hale Henderson

Laite Lambert Lane, W. J. Magoon Matthews, D. R. Moate Mullinax Murphy Nessmith Oglesby Parker, H. W. Pickard

Richardson Savage Shields Smith, G. W. Smith, V. T. Stalnaker Tucker Ware Williams Wilson, J. M. Mr. Speaker

TUESDAY, JANUARY 30, 1968

633

On the passage of the Bill, as amended, the ayes were 163, nays 7.

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

Mr. Busbee of the 79th stated that he was in a committee meeting when the r"oalylew".as called on HB 1051, as amended, but had he been present would have voted

Messrs. Henderson of the 102nd, Richardson of the 116th and Laite of the 109th stated that they had been called from the floor of the House when the roll w"aayse"c.alled on HB 1051, as amended, but had they been present would have voted

HR 490-1060. By Messrs. McCracken of the 49th, Mixon of the 81st, Wiggins of the 32nd, Maxwell of the 106th, Lambert of the 38th and Underwood of the 61st:
A RESOLUTION
Creating an Election Laws Study Committee; and for other purposes.
WHEREAS, many problems exist concerning registration, voting and elections relative to the holding of primaries and general elections, and there are ambiguities, inconsistencies and omissions in the laws of this State relating to the various phases of elections; and
WHEREAS, it is of great importance to the State that additional studies be made and a complete revision and recodification of the election laws be prepared for submission to the General Assembly.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA that there is hereby created the "Election Laws Study Committee" to be composed of six members of the House of Representatives, to be appointed by the Speaker thereof; six members of the Senate, to be appointed by the President thereof; and the members of the State Election Board. The Attorney General shall also serve as an ex officio member of said Committee. The members shall elect a chair man, a secretary, and such other officers as they shall deem advisable. The Committee shall adopt its own procedures for its operation. The Committee shall conduct a study of the election laws of the State and all laws relating directly or indirectly to such election laws. The Committee is authorized to hold public hearings if deemed advisable. It shall study problems as have arisen, ambiguities, inconsistencies and omissions in the present law and shall formulate a complete revision and recodification of the laws relative to elections in the State.
In order to perform its duties more efficiently, the Committee is authorized to employ clerical help and a research staff, and fix the com-

634

JOURNAL OF THE HOUSE,

pensation therefor. It is authorized to have its reports printed if deemed desirable, and shall make such distribution thereof as it deems advisable. The Chairman may appoint subcommittees, and the Committee may adopt any procedure which it feels will enable it to carry out its purposes. The Committee is authorized to obtain such material, supplies and equip ment as it deems necessary to carry out its purposes.

The Committee shall make a report of its findings and recommenda tions to the 1969 Session of the General Assembly, at which time it shall stand abolished. The legislative members of the Committee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. The Secretary of State and the Attorney General shall receive no additional compensation, but shall receive reimbursement for their actual and necessary expenses relating to their services on the Committee from the same sources which they ordi narily receive reimbursement for expenses incurred in the discharge of their official duties. The members of the State Election Board shall receive the compensation authorized by law for their services as members of said board for each day spent on the official business of the Election. Laws Study Committee created by this Resolution.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was. as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck

Busbee Carnes Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Colwell Conner Cooper, B. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis DeLong Dent Dickinson Dillon

Dixon Dodson Dollar Doster Douglas Edwards Egan Fallin Farmer Farrar Fleming Floyd Funk Gay Gaynor Gignilliat Grahl Graves Grier Gunter Had away Hall

Hamilton Hargrett Harrington Harris, J. P. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Howard Howell Hutchinson Johnson, A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambert Lambros Lane, Dick Lee, W. S. Leggett Leonard Levitas Lewis Lovell Lowrey Magoon Malone

TUESDAY, JANUARY 30, 1968

635

Mason Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Mixon Moate Moore, Don C. Mullinax Nash Nessmith Newton Nimmer Odom Ogleshy Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss Rainey Reaves Richardson Roach Ross Rowland

Rush Russell Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, J. R. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Wilson, J. M. Wilson, R. W. Winkles

Those not voting were Messrs. :

Caldwell Collins, M. Cook Cooper, J. R. Dean Dorminy Gary Hale Hood Jenkins Joiner

Land Lane, W. J. Lee, W. J. (Bill) Longino Matthews, D. R. Miller Moore, J. H. Moreland Murphy Northcutt Potts

Ragland Savage Smith, G. W. Smith, V. T. Tucker Wiggins Williams Wood Mr. Speaker

On the adoption of the Resolution, the ayes were 174, nays 0.

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

636

JOURNAL OP THE HOUSE,

Mr. Busbee of the 79th stated that he was in a committee meeting when the roll was called on HR 490-1060, but had he been present would have voted "aye".

Mr. Henderson of the 102nd stated that he had been called from the floor of the House when the roll was called on HR 490-1060, but had he been present would have voted "aye".

SB 181. By Senator Padgett of the 23rd:
A Bill to be entitled an Act to amend Code Title 34 constituting the "Georgia Election Code", so as to provide that any incumbent who previ ously accompanied his notice of candidacy with a nomination petition shall not again be required to accompany his notice of candidacy with such petition upon qualifying as a candidate to succeed himself; and for other purposes.
The following amendment was read and adopted:

Mr. DeLong of the 105th moves to amend Senate Bill No. 181, as follows:
By striking from the title the following:
"who previously accompanied his notice of candidacy with a nomina tion petition".
By striking from Section 1 wherever the same shall appear, the following:
"if, prior to the election at which he was originally elected, to the office for which he seeks re-election, such incumbent accompanied his notice of candidacy with a nomination petition".

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Anderson Ballard Barber Barfield Battle Bennett Berry, J. K.

Black Blalock
Branch Brantley, H. H. Brantley, H. L. Bray Brown, C. Busbee

Carnes Gates Cato Chandler Cheeks Cole Collins, J. H. Colwell

Cooper, B. Cox Crowe, William Crowe, W. J. Dailey Davis DeLong Dent Dickinson Dillon Dodson Dorminy Douglas Edwards Egan Pallin Fleming Floyd Gary Gay Gaynor Gignilliat Grahl Gunter Hale Hall Hargrett Harrington Harrison Henderson Higginbotham Holder Hood Howard

TUESDAY, JANUARY 30, 1968

637

Howell Hutchinson Johnson, A. S. Joiner Jones, C. M. Kirksey Knapp Lambert Lambros Land Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Lovell Magoon Malone Mason Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Mixon Moate Moore, Don C. Mullinax Murphy Nash Newton Nimmer

Northcutt Odom Oglesby Otwell Paris Parker, H. W. Phillips Poss Potts Rainey Reaves Richardson Ross Rowland Rush Russell Shanahan Sherman Simmons Sims Snow Sullivan Thompson, A. W. Threadgill Townsend Underwood Wamble Ware Wells Westlake Whaley Wilson, J. M.
Wilson, R. W. Winkles

Those voting in the negative were Messrs.

Alexander Brown, B. D. Buck Clarke Collins, M. Daugherty Farrar Graves Harris, J. F.

Harris, J. R. Harris, R. W. Jenkins Jones, M.
Kaylor Leggett Levitas
Lewis Pafford

Palmer Parker, C. A. Parrish Scarlett Shuman Vaughan, D. N. Walling

Those not voting were Messrs.:

Berry, C. E. Bond Bostick Bowen Caldwell

Conner Cook Cooper, J. R. Dean Dixon

Dollar Doster Farmer Funk Grier

638
Hadaway Hamilton Hill Johnson, B. Jordan, G. Jordan, W. H. Laite Lane, W. J. Longino Lowrey Matthews, D. R. Miller Moore, J. H.

JOURNAL OP THE HOUSE,

Moreland Nessmith Peterson Pickard Ragland Roach Savage Shields Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L, Stalnaker

Starnes Steis Sweat Thompson, R. Tucker Turner Tye Vaughn, C. R. Ward Wiggins Williams Wood Mr. Speaker

On the passage of the Bill, as amended, the ayes were 126, nays 25.

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

Mr. Busbee of the 79th stated that he was in a committee meeting when the roll was called on SB 181, as amended, but had he been present, would have voted "aye".

Messrs. Smith of the 114th, Gary of the 35th and Johnson of the 40th stated that they had been called from the floor of the House when the roll was called on SB 181, as amended, but had they been present would have voted "aye".
HB 248. By Messrs. Levitas and Harris of the 118th, Vaughn, Palmer of the 117th and others: A Bill to be entitled an Act to amend Code Section 34-602 of the Georgia Election Code relating to elector qualifications for applicants acquiring age and residence qualifications, so as to provide different voter regis tration requirements in regard to elections for presidential and vicepresidential electors and for governor and lieutenant governor; and for other purposes.
The following amendment was read and adopted:
Committee on State of Republic moves to amend H.B. 248 as follows:
By striking from Section 1 quoted Subparagraphs 6 and 7 and sub stituting in lieu thereof new Subparagraphs 6 and 7 to read as follows:
"(6) Upon being satisfied that an application is proper and that an applicant is qualified to vote under this Section, the registrar shall pre pare a list of all such qualified applicants. Such list shall contain the

TUESDAY, JANUARY 30, 1968

639

name of the applicant, his address and the primary or election office for which such applicant shall be entitled to vote. The superintendent shall cause to be prepared appropriate ballots which shall contain the names of the candidates for nomination or for the offices covered by this Sec tion. The superintendent shall designate one or more election districts within his county which shall be used for the purpose of permitting applicants qualified to vote as herein provided to cast their ballots in such elections and primaries. The registrar shall transmit a list of such qualified applicants to the manager of such election district designated by the superintendent.

"(7) The applicant shall vote for the candidates of his choice in the same manner of voting where paper ballots are used. After he has fin ished voting, the shall transmit the ballot to the appropriate poll officer of such election district. At the close of the poll such ballots shall be tabulated in the same manner as other votes at said district, and they shall be transmitted in the same manner as other ballots from such district are transmitted, and such ballots shall be counted as a part of the total vote cast in such district."

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Barber Battle Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Busbee Carnes Gates Cato Chandler Cheeks

Collins, J. P. Colwell Conner Cooper, B. Cooper, J. R. Cox Crowe, William Dailey Daugherty Davis Dean DeLong Dent Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards Egan Fallin

Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Higginbotham Hill Holder

640
Hood Howard Howell Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, W. H. Knapp Laite Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Lovell Lowrey Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell MeClatchey McCracken

JOURNAL OF THE HOUSE,

McDaniell Melton Merritt Miller Mixon Moore, Don C. Moore, J. H. Mullinax Murphy Nash Nessmith Newton Nimmer Odom Oglesby Otwell Pafford Palmer Paris Parrish Peterson Phillips Poss Ragland Rainey Reaves Richardson Roach Ross Rowland Russell Savage

Shanahan Sherman Simmons Sims Smith, G. W. Smith, J. R. Smith, W. L. Snow Stalnaker Starnes Steis Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Turner Vaughan, D. N. Vaughn, C. R. Walling Wamble Ware Wells Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those voting in the negative were Messrs.

Anderson Ballard Caldwell Cole Collins, M.

Dickinson Kaylor Kirksey Leonard Magoon

Moate Potts Scarlett Underwood Ward

Those not voting were Messrs.:

Barfield Bennett Buck Clarke Cook Crowe, W. J. Hadaway Hale
Hall

Harrison Hutchinson Jordan, G. Longino Moreland Northcutt Parker, C. A. Parker, H. W. Pickard

Rush Shields Shuman Smith, V. T. Sullivan Tucker Tye Wiggins Mr. Speaker

TUESDAY, JANUARY 30, 1968

641

On the passage of the Bill, as amended, the ayes were 163, nays 15.

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

HB 432. By Mr. Games of the 129th:
A Bill to be entitled an Act to provide for interest on unliquidated dam ages under certain conditions; and for other purposes. The following Committee substitute was read:
A BILL
To be entitled an Act to provide for interest on unliquidated dam ages under certain conditions; to provide for notice by the claimant; to provide that evidence or discussion of interest on unliquidated damages shall not be submitted to the jury; to provide for a short title; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1
(a) Where a claimant has given written notice by registered or certified mail to a person of whom claim is made of a sum claimed as unliquidated damages in an action ex delicto, and the person of whom such claim is made fails to pay said amount within 30 days from the mailing of said notice, then the claimant shall be entitled to receive interest on the claimed sum if, upon trial of the case in which the claim is made, the judgment is for an amount not less than the sum claimed.
(b) The written notice referred to in subsection (a) may be given on only one occasion and shall specify that it is being given pursuant to this Act.
(c) The interest provided for shall be at the rate of seven percent (7%) per annum and shall begin to run from the 30th day following the date of the mailing of the written notice until the date of judgment.
(d) Evidence or discussion of interest on unliquidated damages as well as evidence of the offer shall not be submitted to the jury. Interest shall be made a part of the judgment upon presentation of evidence to the satisfaction of the court that the provisions of this Act have been complied with and that the verdict, or the award by the judge trying a case without a jury, is equal to or exceeds the amount claimed in the notice.
(e) This Act shall be known and may be cited as the "Unliquidated Damages Interest Act".

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SECTION 2

All laws and parts of laws in conflict with this Act are hereby

repealed. The following amendment was read and adopted:
Mr. Carnes of the 129th moves to amend Committee substitute to House Bill No. 432, as follows:
By adding in subsection (a) of Section 1 between the words "dam ages" and "and" the following:

"in an action ex delicto,".

The following amendment was read:

Mr. McClatchey of the 138th moves to amend the Committee substi tute to HB 432 by striking from Section 1 paragraph (a) line 5 the words "and any amount in excess thereof".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Alexander Berry, C. E. Berry, J. K. Black Blalock Bond Brantley, H. L. Bray Buck Busbee Caldwell Chandler Cheeks Collins, M. Colwell Conner Cooper, J. R. Crowe, William Dailey Dean Dent Dixon Dodson Doster

Edwards Pallin Farmer Farrar Floyd Funk Gary Gaynor Gignilliat Grahl Graves Gunter Hamilton Harrington Harris, J. R. Harrison Holder Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jordan, W. H. Kaylor

Kirksey Laite Lambert Land Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Lewis Longino Lowrey Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken Merritt Moate Moore, J. H. Mullinax

Murphy Nash Nessmith Newton Otwell Pafford Palmer Paris Parker, H. W. Parrish Potts Rainey Reaves

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643

Richardson Roach Rush Russell Savage Scarlett Sherman Shuman Smith, J. R. Smith, W. L. Snow Starnes Steis

Sweat Thompson, A. W. Thompson, R. Townsend Turner Tye Wamble Ward Ware Wells Williams Wilson, R. W. Wood

Those voting in the negative were Messrs.

Adams Anderson Ballard Barber Branch Games Gates Cato Cole Collins, J. F. Cox Davis Dillon Dollar

Douglas Egan Fleming Gay Grier Hadaway Harris, J. F. Harris, R. W. Henderson Higginbotham Howard Jones, M. Jordan, G. Lambros

Lane, Dick Levitas Mixon Nimmer Odom Oglesby Poss Shanahan Simmons Sims Vaughan, D. N Westlake Wilson, J. M.

Those not voting were Messrs.:

Barfield Battle Bennett Bostick Bowen Brantley, H. H. Brown, B. D. Brown, C. Clarke Cook Cooper, B. Crowe, W. J. Daugherty DeLong Dickinson Dorminy Hale Hall

Hargrett Hill Hood Howell Hutchinson Knapp Lovell Magoon McDaniell Melton Miller Moore, Don C. Moreland Northcutt Parker, C. A. Peterson Phillips Pickard

Ragland Ross Rowland Shields Smith, G. W. Smith, V. T. Stalnaker Sullivan Threadgill Tucker Underwood Vaughn, C. R Whaley Wiggins Winkles Mr. Speaker

On the adoption of the amendment, the ayes were 111, nays 42.

The amendment to the Committee substitute was adopted.

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The following amendment was read and adopted:

Mr. Alexander of the 133rd moves to amend the Committee substitute to HB 432 by adding to the first line in paragraph (a) of Section (1) the words "or certified" after the word "registered".

The Committee substitute, as amended, was adopted.

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, by substitute, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Ballard Barber Barfield Bennett Berry, C. E. Black Blalock Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Buck Busbee Caldwell Carnes Gates Cato Chandler Cheeks Collins, J. P. Colwell Conner Cooper, B. Cooper, J. R.

Cox Crowe, William Dailey Daugherty Davis Dean DeLong Dent Dillon Dixon Dollar Dorminy Doster Douglas Edwards Egan Farmer Farrar Fleming Floyd Funk Gary Gay Grahl Graves Grier Gunter Hadaway Hall Hamilton

Hargrett Harrington Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Holder Hood Howard Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Laite Lambert Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas

Lowrey Malone Mason Matthews, C. Mauldin Maxwell Melton Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Murphy Nash Nessmith Newton Nimmer Northcutt Odom Oglesby Otwell

TUESDAY, JANUARY 30, 1968

645

Pafford Palmer Paris Parker, H. W. Parrish Peterson Poss Potts Ragland Rainey Reaves Roach Ross Rowland Rush Savage Shanahan Sherman Simmons Sims Smith, J. R. Smith, W. L.

Snow Stalnaker Starnes Steis Sullivan Sweat Thompson, A. W. Thompson, R. Townsend Turner
Tye Underwood Vaughan, D. N. Walling Ward Wells Westlake Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those voting in the negative were Messrs.:

Anderson Cole Collins, M. Dodson Fallin Gaynor

Gignilliat Harris, J. F. Jordan, W. H. Lewis Matthews, D. R. McClatchey

Mullinax Richardson Scarlett Ware

Those not voting were Messrs.:

Battle Berry, J. K. Brown, C. Clarke Cook Crowe, W. J. Dickinson Hale Hill Howell Knapp

Land Longino Lovell Magoon McCracken McDaniell Moreland Parker, C. A. Phillips Pickard Russell

Shields Shuman Smith, G. W. Smith, V. T. Threadgill Tucker Vaughn, C. R. Wamble Whaley Wiggins Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 156, nays 16.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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HB 897. By Mr. Douglas of the 60th:
A Bill to be entitled an Act to amend Code Section 49-102, relating to natural guardians and the appointment of another guardian in the event the natural guardian fails or refuses to give bond or surety; and for other purposes.

The following amendment was read and adopted:

Mr. Paris of the 23rd moves to amend HB 897 by adding at the end of Sec tion 1 the following:
"without publishing a citation as is published in guardianship mat ters under other Statutes".

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, as amended, the ayes were 117, nays 1.

The Bill, having received the requisite Constitutional majority, was passed, as amended.

Mr. Paris of the 23rd arose to a point of personal privilege and addressed the House.

Mr. Paris of the 23rd moved that the following Bill of the House be taken from the table:

HB 881. By Messrs. Paris of the 23rd, Wamble of the 90th, Sims of the 131st and others:
A Bill to be entitled an Act to establish a violation point system for the assessment of points for all of the various moving traffic violations occurring within or without the State of Georgia which are committed by holders of Georgia driver's licenses; and for other purposes.

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

Those voting in the affirmative were Messrs.:

Adams Anderson Barber Berry, C. E. Berry, J. K. Blalock

Bond Brantley, H. L. Brown, B. D. Buck Carnes Gates

Chandler Cheeks Clarke Cole Cooper, J. R. Cox

TUESDAY, JANUARY 30, 1968

647

Davis DeLong Dickinson Dillon Dixon Dodson Egan Farmer Fleming Funk Gary Gaynor Gignilliat Grahl Graves Grier Gunter Hamilton Harris, J. F. Harris, J. R. Harris, R. W. Higginbotham Hood Hutchinson Jenkins Johnson, B. Jones, M.

Knapp Lambert Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Malone Mason Matthews, C. Maxwell McClatchey McCracken Merritt Miller Moore, J. H. Murphy Nash Newton Odom Oglesby Otwell Palmer Paris

Parker, H. W. Peterson Potts Ragland Rainey Rush Russell Savage Scarlett Sherman Sims Smith, G. W. Steis Sweat Thompson, R. Threadgill Town send Turner Walling Wamble Ward Westlake Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those voting in the negative were Messrs.

Alexander Ballard Barfield Black Bostick Bo wen Branch Bray Brown, C. Busbee Collins, M. Conner Cooper, B. Crowe, William Dailey Dorminy Douglas Edwards Fallin Floyd Gay

Hadaway Hall Harrington Hill Holder Howard Howell Johnson, A. S. Joiner Jones, C. M. Jordan, G. Jordan, W. H. Kaylor Kirksey Laite Land Leonard Longino Lovell Lowrey Magoon

Mauldin Melton Mixon Nessmith Pafford Parrish Poss Reaves Richardson Roach Rowland Shanahan Shields Simmons Smith, J. R. Smith, W. L. Snow Starnes Thompson, A. W. Vaughan, D. N.

Those not voting were Messrs.:

Battle Bennett

Brantley, H. H. Caldwell

Cato Collins, J. F.

648
Colwell Cook Crowe, W. J. Daugherty Dean Dent Dollar Doster Farrar Hale Hargrett Harrison Henderson

JOUKNAL OF THE HOUSE,

Matthews, D. R. McDaniell Moate Moore, Don. C. Moreland Mullinax Nimmer Northcutt Parker, C. A. Phillips Pickard Ross Shuman

Smith, V. T. Stalnaker Sullivan Tucker Tye Underwood Vaughn, C. R. Ware Wells Whaley Wiggins Mr. Speaker

On the motion, the ayes were 99, nays 62.

The motion prevailed and HB 881 was taken from the table.

By unanimous consent, the following Bill of the House was recommitted to the Committee on Motor Vehicles for further study:

HB 881. By Messrs. Paris of the 23rd, Wamble of the 90th, Sims of the 131st, Sherman of the 105th, Harris of the 14th and others:
A Bill to be entitled an Act to establish a violation point system for the assessment of points for all of the various moving traffic violations occurring within or without the State of Georgia which are committed by holders of Georgia driver's licenses; and for other purposes.

Mr. Busbee of the 79th moved that the House do no adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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649

Representative Hall, Atlanta, Georgia Wednesday, January 31, 1968

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

The following prayer was offered by Rev. Elick S. Bullington, Jr., Pastor, First Methodist Church, Swainsboro, Georgia:
Lord, thou hast been our dwelling place in all generations; before the mountains were brought forth, or ever thou hast formed the earth and the world, even from everlasting to everlasting, thou art God.
Our Father, we thank thee for the revelation of thyself and thy steadfastness in the beauty of the Heavens and the glory of the natural order, in the moral and spiritual laws implanted in thy universe and Holy Scripture, and in the directness of thy living, redeeming presence in our personal lives. Help us to get a strong hold upon the unseen word and not get caught up in those things which are only transcient.
Again we thank thee for this great country in which we live. We are aware of the perils of the wars in which we are engaged, and we pray for those who today are defending our lives and liberty.
We pray for these legislators who must today conduct the business of our State. We know they have worked hard to be here and strive to represent the people well. Bless their loved ones here and in other places. May they dignify this House of Representatives not only with wisdom and ingenuity, but may they have the insight and integrity which will bring personal honor and self-respect. Guide and strengthen the Speaker as he continues to give leadership in the Legislature.
Now may all we do direct honor and glory unto thee forever and ever to the ends of the earth, through Jesus Christ our Lord, in whose name we pray.
Amen.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of the 56th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

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By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:

1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

HB 1165. By Mr. Lambros of the 130th:
A Bill to be entitled an Act to amend an Act approved March 10, 1966 (Ga. Laws 1966, p. 343), so as to provide that omissions amounting to negligence shall confer personal jurisdiction over any nonresident doing business or committing an omission in this State; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1166. By Mr. Ward of the 2nd:
A Bill to be entitled an Act to provide that no person, firm or corpora tion who does not maintain a regularly established place of business within this State shall engage in any activities relating to plumbing, heating, air conditioning, or electrical repairs, installation or replace ments unless he shall post with the ordinary of each county in which such activities are performed a performance bond; and for other purposes.
Referred to the Committee on Industry.
HB 1167. By Mr. Ward of the 2nd:
A Bill to be entitled an Act to amend Code Title 88 known as the "Geor gia Health Code", so as to provide for the control and regulation of the drilling of water wells; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 1168. By Messrs. Fallin and Matthews of the 94th:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Moultrie, so as to change the time for

WEDNESDAY, JANUARY 31, 1968

651

giving notice to the clerk prior to certain elections; and for other pur poses.
Referred to the Committee on Local Affairs.

HB 1169. By Messrs. Ware of the 42nd, Gignilliat of the 113th, Gay of the 60th and Crowe of the 1st, and Dean of the 20th:
A Bill to be entitled an Act to amend an Act providing for additional points for certain applicants taking examinations given by any examin ing board or commission whose records are maintained by the Joint Secretary, State Examining Boards, so as to provide for an additional class of applicants; and for other purposes.
Referred to the Committee on Defense and Veterans Affairs.

HB 1170. By Messrs. Ware of the 42nd, Dean of the 20th, Gignilliat of the 113th, Gay of the 60th and Crowe of the 1st:
A Bill to be entitled an Act to amend an Act creating a State Department of Veterans Service and providing for a Board of Veterans Service and a Director, so as to provide that the Director shall maintain full, adequate and complete copies of all records on veterans' benefits through the Department; and for other purposes.
Referred to the Committee on Defense and Veterans Affairs.

HB 1171. By Messrs. Ware of the 42nd, Gignilliat of the 113th, Gay of the 60th and Crowe of the 1st, and Dean of the 20th:
A Bill to be entitled an Act to amend an Act providing for the issuance of automobile license tags to disabled veterans, so as to provide for the issuance of license tags to certain other veterans; and for other purposes.
Referred to the Committee on Defense and Veterans Affairs.

HB 1172. By Mrs. Merritt of the 68th:
A Bill to be entitled an Act to require municipal election officials to post a public notice in the form of a large poster or sign in a prominent place outside all polling places used for municipal elections; and for other purposes.
Referred to the Committee on State of Republic.

HB 1173. By Mr. Malone of the 117th:
A Bill to be entitled an Act to amend an Act entitled An Act to amend An Act to incorporate Doraville, in the County of DeKalb and to appoint commissioners for the same and for other purposes therein mentioned, so as to redefine the corporate limits; to provide that the Chairman of

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the City Commission shall also be known as the Mayor of the City; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1174. By Mr. Malone of the 117th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Chamblee, so as to increase the maximum millage which might be levied by said city; to raise the maximum limit prescribed for the sanitary tax; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1175. By Mr. Jones of the 76th:
A Bill to be entitled an Act to amend an Act relating to the compensation of the Ordinary of Mclntosh County, so as to change the compensation of said Ordinary; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1176. By Messrs. Hale of the 1st and Jones of the 76th:
A Bill to be entitled an Act to amend the Act of the General Assembly known as the "Georgia Health Code", by deleting from Section 88-1809 of the Chapter referred to therein as "Hospital Authorities Law" the provision limiting the interest rates of revenue certificates of hospital authorities to 6 per centum per annum; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 1177. By Messrs. Hale of the 1st and Jones of the 76th:
A Bill to be entitled an Act to amend the Act of the General Assembly known as the "Georgia Health Code", by deleting Section 88-1812 of the Chapter referred to therein as "Hospital Authorities Law" and in serting in lieu thereof a new Section 88-1812, so as to provide for the use of general funds or tax revenues derived from the levy of an ad valorem tax not exceeding 7 mills by cities; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 1178. By Messrs. McCracken of the 49th, Wiggins of the 32nd, Threadgill of the 32nd and Lambert of the 38th:
A Bill to be entitled an Act to amend Code Chapter 34-10, so as to pro vide that each political party desiring to nominate candidates by con vention shall adopt rules and regulations governing the conduct of such conventions; and for other purposes.
Referred to the Committee on State of Republic.

WEDNESDAY, JANUARY 31, 1968

653

HB 1179. By Messrs. Threadgill and Wiggins of the 32nd:
A Bill to be entitled an Act to amend an Act known as the "Motor Fuel Tax Law", so as to provide for refund of motor vehicle fuel tax to counties and incorporated municipalities and school districts of the State of Georgia; and for other purposes.
Referred to the Committee on Ways and Means.

HR 534-1179. By Mr. Colwell of the 5th:
A Resolution to compensate Mr. Carroll J. Mincey; and for other purposes.
Referred to the Committee on Appropriations.

HR 535-1179. By Mr. Kirksey of the 87th:
A Resolution proposing an amendment to the Constitution so as to create the Colquitt and Miller County Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HR 536-1179. By Messrs. Ward of the 2nd, McDaniell of the 101st, Crowe of the 1st and Gay of the 60th:
A Resolution proposing an amendment to the Constitution, so as to provide that in all cases where the State Highway Department, any county or municipal corporation shall exercise its power of eminent domain for road purposes, no award shall exceed by more than 10% the 100% fair market value of the property as valued in the records of the office of county board of tax assessors; and for other purposes.
Referred to the Committee on Highways.

HR 537-1179. By Mr. Ward of the 2nd:
A Resolution proposing an amendment to the Constitution, so as to provide an exemption of $4,000.00 from all State and County ad valorem taxes of the homestead of persons 65 years of age or older; and for other purposes.
Referred to the Committee on Ways and Means.

HR 538-1179. By Mr. Lovell of the 6th:
A Resolution authorizing and directing the State Librarian to furnish certain law books for the Judge of the Court of Ordinary of Towns County; and for other purposes.
Referred to the Committee on Special Judiciary.

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HR 539-1179. By Mr. Lovell of the 6th:
A Resolution authorizing and directing the State Librarian to furnish certain law books for the Judge of the Superior Court of Towns County; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1180. By Messrs. Richardson and Funk of the 116th, Berry and Gignilliat of the 113th, Gaynor and Smith of the 114th, Tye and Whaley of the 115th, and others:
A Bill to be entitled an Act to amend an Act entitled "Minimum Founda tion Program of Education Act", so as to provide that in certain counties a board of three examiners may certify and classify teachers and other certificated professional personnel employed within their school system; and for other purposes.
Referred to the Committee on Education.

HB 1181. By Messrs. Lee, Gary and Northcutt of the 35th:
A Bill to be entitled an Act to amend an Act adding one additional judge to the superior court of the Clayton Judicial Circuit, so as to clarify the provisions relating to terms of office; and for other purposes.
Referred to the Committee on Judiciary.

HB 1182. By Messrs. Gary, Lee and Northcutt of the 35th:
A Bill to be entitled an Act to amend an Act creating the Board of Com missioners of Roads and Revenues for Clayton County, so as to change the compensation of the chairman of the board; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1183. By Mr. Rush of the 75th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for the County of Long, so as to pro vide that the Board of Commissioners of Roads and Revenues of Long County shall be authorized to elect a county attorney; and for other purposes.
Referred to the Committee on Local Affairs.

HR 542-1183. By Messrs. Harrington and Chandler of the 47th:
A Resolution compensating Miss Margaret Echols; and for other purposes.
Referred to the Committee on Appropriations.

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655

HR 543-1183. By Mr. Holder of the 70th:
A Resolution proposing an amendment to the Constitution so as to create the Dodge County-Eastman Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1184. By Mr. Shuman of the 65th:
A Bill to be entitled an Act to amend an Act creating the City Court of Springfield in and for the County of Effingham, so as to change the salary of the judge of said court; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1185. By Messrs. Miller of the 108th, Wilson, Ragland, Laite and Knapp of the 109th:
A Bill to be entitled an Act to amend an Act relating to the authority of municipalities and counties to levy and collect license, occupational or professional taxes upon practitioners of certain professions, so as to remove therefrom the limitations imposed upon such levy; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1186. By Messrs. Newton and Lewis of the 50th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Millen, so as to change the compensation of the judge and the solicitor of said court; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1187. By Messrs. Newton and Lewis of the 50th:
A Bill to be entitled an Act to provide for compensation for the Clerk of the Superior Court of Jenkins County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1188. By Messrs. Newton and Lewis of the 50th:
A Bill to be entitled an Act to amend an Act providing for supplemental compensation to the Ordinary of Jenkins County, so as to change such supplement; and for other purposes.
Referred to the Committee on Local Affairs.

1189. By Mr. Punk of the 116th:
A Bill to be entitled an Act to amend Code Section 34-1208, so as to require that the designating letter or number of the counter on voting

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machines shall be printed on the opposite side of the ballot label upon which the names of candidates, groups of candidates, political parties or bodies, or questions are printed; and for other purposes.
Referred to the Committee on State of Republic.

HB 1190. By Messrs. Jones of the 76th, Rush of the 75th and Shuman of the 65th:
A Bill to be entitled an Act to authorize, but not require, the counties composing the Atlantic Judicial Circuit to supplement the salary of a secretary employed by the judge of superior courts of said Circuit; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1191. By Mr. Black of the 56th:
A Bill to be entitled an Act to provide for staggered terms for the members of the board of education of Chattahoochee County; and for other purposes.
Referred to the Committee on Local Affairs.
HR 544-1191. By Messrs. Pickard, Jones and Buck of the 112th, Berry and Thomp son of the 110th, Shields and Thompson of the lllth:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local Act for the creation of a charter commission to study all matters relating to the consolidation of the government of the City of Columbus and the County of Muscogee; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1192. By Messr. Brown and Melton of the 34th:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Spalding County and creating the office of County Tax Commissioner of Spalding County, so as to change and redefine the number of days and hours per week said Tax Commis sioner shall keep his office open for business; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1193. By Messr. Adams of the 125th, Vaughan of the 14th, Harris of the 14th, Colwell of the 5th, Dillon of the 128th and Carnes of the 129th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Motorboat Numbering Act", so as to change the short title of said Act; to extend the provisions of said Act to cover certain additional watercraft; and for other purposes.
Referred to the Committee on Game and Fish.

WEDNESDAY, JANUARY 31, 1968

657

HB 1194. By Mr. Steis of the 100th:
A Bill to be entitled an Act to amend an Act incorporating the City of Woodland, so as to change the election date; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1195. By Mr. Bray of the 43rd:
A Bill to he entitled an Act to amend Code Section 109A-2-328, so as to provide that in sales by auction the auctioneer shall be considered agent of both parties so far as to dispense with any further memorandum in writing other than his own entries; and for other purposes.
Referred to the Committee on Industry.

HB 1196. By Messrs. Leggett of the 21st and Moore of the 20th:
A Bill to be entitled an Act to provide that any general contractor who shall submit a bid to construct any building, road or highway, or other, which is to be financed in whole or in part by State, county, or municipal funds, shall submit a list of all subcontractors and sub-subcontractors; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 545-1196. By Mr. Steis of the 100th:
A Resolution proposing an amendment to the Constitution so as to create the City of Woodland Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1197. By Mr. Howard of the 101st: A Bill to be entitled an Act to amend an Act providing for a tax on certain deed, instruments, or other writings transferring real estate, so as to exempt any instrument or writing from said tax which is executed by any agency of the State of Georgia or by any political subdivision thereof, or by any public corporation or authority; and for other purposes.
Referred to the Committee on Ways and Means.
By unanimous consent, the rules were suspended and the following Bill of the House was introduced, read the first time and ordered engrossed:
HB 1198. By Messrs. Barber of the 24th, Smith of the 54th, Paris of the 23rd, Lee of the 35th, McCracken of the 49th and others: A Bill to be entitled an Act to amend an Act providing for equal pay for both males and females for comparable work on jobs which have com-

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parable requirements relating to skill, effort and responsibility, so as to define "Commissioner"; and for other purposes.
Referred to the Committee on Education.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1122. By Mr. Lambert of the 38th:
A Bill to be entitled an Act to amend Code Section 39-1105, so as to change the rates to be allowed to the publishers for publishing legal advertisements; and for other purposes.

HB 1123. By Mr. Land of the 53rd:
A Bill to be entitled an Act to amend an Act creating and establishing a charter for the Town of Ivey, so as to extend the corporate limits; and for other purposes.

HB 1124. By Mr. Land of the 53rd:
A Bill to be entitled an Act to amend an Act establishing a new charter for the Town of Allentown, so as to change the corporate limits of said town; and for other purposes.

HB 1125. By Messrs. Howard of the 101st, Wilson of the 102nd and Cooper of the 103rd:
A Bill to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, so as to provide that the solicitor general shall not be prohibited from practicing law except in any contested matter in any court in this State; and for other purposes.
HB 1126. By Mrs. Merritt of the 68th, and Mr. Parker of the 68th:
A Bill to be entitled an Act to provide for the election of the Sumter County Board of Education; to provide for education districts; and for other purposes.
HB 1127. By Mrs. Merritt of the 68th and Mr. Parker of the 68th:
A Bill to be entitled an Act to amend an Act entitled "An Act to change from the fee system to the salary system in the County of Sumter, the clerk of the superior and the clerk of the city courts thereof", so as to change certain provisions relating to the salary of the Clerk of the Superior Court of Sumter County and his clerks or deputies; and for for other purposes.

WEDNESDAY, JANUARY 31, 1968

659

HB 1128. By Mr. Kaylor of the 4th:
A Bill to be entitled an Act to amend an Act abolishing the method of compensating the sheriff of Fannin County, so as to provide that the deputy appointed by the sheriff shall be furnished an automobile allow ance; and for other purposes.

HB 1129. By Mr. Kaylor of the 4th:
A Bill to be entitled an Act to amend an Act creating the office of Com missioner of Roads and Reveneus of Fannin County, so as to change the compensation of said commissioners; and for other purposes.

HB 1130. By Messrs. Bennett, Sullivan and Barfield of the 95th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Dasher, so as to redefine the corporate limits; to remove certain pro visions relating to mayor; to remove certain provisions relating to the clerk and interim clerk; and for other purposes.

HB 1131. By Messrs. Bennett, Sullivan and Barfield of the 95th:
A Bill to be entitled an Act to amend an Act entitled "An Act to place the sheriff of Lowndes County upon an annual salary", so as to provide that the sheriff of Lowndes County shall have the authority to fix the compensation of the chief deputy; and for other purposes.

HB 1132. By Messrs. McClatchey of the 138th and Busbee of the 79th:
A Bill to be entitled an Act to amend Ga. Code Sec. 113-903 (3) by pro viding that upon the death of a husband intestate leaving a wife and children or representatives of deceased children, it shall be presumed that the wife elects to take a child's part as provided by the section unless she files an application for dower as by law provided during her lifetime; and for other purposes.

HB 1133. By Mr. Otwell of the 10th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues for Forsyth County, so as to change the compensation of the chairman of the board; and for other purposes.

HB 1134. By Mr. Otwell of the 10th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioners of roads and revenues of the County of Dawson, so as to change the compensation of the commissioner of roads and revenues said county; and for other purposes.

660

JOURNAL OF THE HOUSE,

HB 1135. By Mr. Mixon of the 81st:
A Bill to be entitled an Act to amend Code Section 88-506 of the "Georgia Health Code", so as to provide that written notice of the examination hearing may be given by the court of the ordinary by registered mail to two of the three nearest adult relatives residing within this State; and for other purposes.

HB 1136. By Messrs. Vaughn of the 117th and Lambert of the 38th:
A Bill to be entitled an Act to provide for the awarding of attorney's fees and expenses for the answering or filing objections to certain improper interrogatories; and for other purposes.

HB 1137. By Mr. Clarke of the 45th:
A Bill to be entitled an Act to amend an Act changing the compensation of the tax collector of Butts County from the fee system to a system whereby such tax collector shall be entitled to certain commissions and a salary, so as to change the method of compensating the tax collector of Butts County; and for other purposes.

HB 1138. By Mr. McCracken of the 49th:
A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Jefferson County into the office of the tax commissioner of Jefferson County; and for other purposes.

HB 1139. By Messrs. Adams of the 125th, Bond of the 136th, Gates of the 123rd, and others:
A Bill to be entitled "An Act to amend an Act entitled 'An Act to re quire the Tax Receiver of Tax Commissioner of Pulton County to receive tax returns for the City of Atlanta . . .', so as to authorize the Tax Commissioner to receive tax returns and colect taxes due the City of Atlanta located in Fulton County and DeKalb County; and for other purposes.

HB 1140. By Messrs. Adams of the 125th, Bond of the 136th, Gates of the 123rd, and others:
A Bill to be entitled "An Act to amend Code Section 39-122 of the Code of 1933 of Georgia--Officer not to sell land out of his county; notice of levy on land", by adding thereto a new sentence to provide that in coun ties having a population of 500,000 or more, the Tax Collector or Tax Commissioner ex officio sheriff who is otherwise authorized to collect taxes in a municipality lying partly in such county and partly in another county, may levy upon land in another county and may sell same for the purpose of collecting taxes for the municipality lying partly within the limits of the county in which said land lies; and for other purposes.

WEDNESDAY, JANUARY 31, 1968

661

HB 1141. By Messrs. Adams of the 125th, Bond of the 136th, Gates of the 123rd, and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to con solidate the offices of Tax Receiver and Tax Collector of Fulton County into the office of Tax Commissioner of Fulton County", so as to authorize the Tax Commissioner of Fulton County to collect taxes due Atlanta in DeKalb County by levy and sale under tax executions; and for other purposes.

HB 1142. By Messrs. Adams of the 125th, Bond of the 136th, Gates of the 123rd, and others:
A Bill to be entitled an Act to amend an Act entitled "Zoning in Certain Counties" for the creating and establishment for counties having a popu lation of 300,000, so as to provide that the hearing before the county authorities with respect to the modification or amendment of any portion of the comprehensive plan or zoning resolution shall be after a written report has been filed by the Planning Commission of the County, which report of such planning commission shall be within 30 days after the public hearing held by such commission; and for other purposes.

HB 1143. By Messrs. Adams of the 125th, Bond of the 136th, Gates of the 123rd, and others:
A Bill ot be entitled an Act to provide definite and uniform compensation to be paid to court reporters for the preparation of criminal and civil transcripts in counties of the State having a population of 500,000 more; and for other purposes.

HB 1144. By Mr. Cato of the 89th:
A Bill to be entitled an Act to prohibit any person, firm, corporation, or agent of any person, firm or corporation from using simulated court process in the colection of debts; and for other purposes.

HB 1145. By Messrs. Oglesby and Russell of the 92nd:
A Bill to be entitled an Act to amend an Act establishing a system of public schools in the City of Thomasville, so as to provide that hence forth citizens elected to the Board of Education for the City of Thomas ville shall be chosen to fill seven distinct and designated posts; and for other purposes.

HB 1146. By Mr. Dickinson of the 27th:
A Bill to be entitled an Act to authorize all counties having a population of not less than 16,700 nor more than 16,800, to establish and maintain a law library for the use of the judges, solicitors, and other officers of the courts of said counties; and for other purposes.

662

JOURNAL OF THE HOUSE,

HB 1147. By Mr. Dickinson of the 27th:
A Bill to be entitled an Act to amend an Act providing for the abolishing of the present mode of compensating the clerk of the superior court, the sheriff, the ordinary, and the tax commissioner of Douglas County, so as to change the method of compensating certain employees of Douglas County; and for other purposes.

HB 1148. By Mr. Dickinson of the 27th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues of Douglas County, so as to change the Commissioner Districts; and for other purposes.

HB 1149. By Mr. Dickinson of the 27th:
A Bill to be entitled an Act to provide that the membership of the Board of Education of Douglas County shall consist of five members; to provide for education districts; and for other purposes.

HB 1150. By Mr. Dickinson of the 27th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Douglasville, so as to change the provisions relating to the compensation of the mayor and councilmen; and for other purposes.

HB 1151. By Mr. Smith of the 44th:
A Bill to be entitled an Act to change the terms of the superior court of Pike County; and for other purposes.

HB 1152. By Messrs. Pickard of the 112th, Steis of the 100th, Farrar of the 118th, Egan of the 141st, Buck of the 112th and Floyd of the 7th:
A Bill to be entitled an Act to provide that any bill relative to the com pensation of any person, officer or official which is fixed by law and any bill containing provisions relative to such compensation must be introduced in the General Assembly during the first 10 days of any session thereof; and for other purposes.

HB 1153. By Mr. Brown of the 34th:
A Bill to be entitled an Act to authorize certain counties in this State to establish and maintain a law library for the use of the judges, solicitors, ordinaries, clerks, and other officers and attorneys of said counties; and for other purposes.

HB 1154. By Messrs. Wiggins and Threadgill of the 32nd:
A Bill to be entitled an Act to amend an Act known as the "Carroll County Water Authority Act", so as to authorize such authority to ac-

WEDNESDAY, JANUARY 31, 1968

663

quire, construct, operate and maintain sewer systems, both sanitary and storm, sewage disposal and sewage treatment plants and any and all other related facilities; and for other purposes.

HB 1155. By Messrs. Levitas of the 118th, Wiggins of the 32nd and McCracken of the 49th:
A Bill to be entitled an Act to amend Code Title 34, so as to provide that any political party or body seeking to have the names of their candidates for the office of presidential electors placed upon the ballot through nomination petitions shall not be required to compile a separate petition for each candidate for such office, but shall compile petitions upon which the entire slate of candidates of such party or body for the office of presidential electors are listed; and for other purposes.

HB 1156. By Messrs. Sherman of the 105th and Maxwell of the 106th:
A Bill to be entitled an Act to amend an Act known as "The Georgia Public Assistance Act of 1965", so as to provide that acceptance of public assistance payments after a certain date shall constitute a debt of the recipient; and for other purposes.

HE 528-1156. By Mr. Dixon of the 83rd: A Resolution compensating Mr. L. D. Darden; and for other purposes.

HR 529-1156. By Messrs. Farmer and Matthews of the 29th:
A Resolution proposing an amendment to the Constitution so as to pro vide the procedure where taxes other than ad valorem property taxes may be levied by Clarke County and the City of Athens, and to provide for a subsequent reduction of ad valorem taxes on real and personal property based upon the amount of funds received from such additional tax levies; and for other purposes.

HR 530-1156. By Messrs. Tye and Whaley of the 115th, Richardson, Funk and Battle of the 116th, Smith and Gaynor of the 114th, and Gignilliat and Berry of the 113th:
A Resolution creating the Forward Georgia Commission; and for other purposes.
HR 531-1156. By Messrs. Sherman and DeLong of the 105th, Maxwell and Fleming of the 106th, Dent and Cheeks of the 104th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to empower the governing authority of Richmond County to adopt ordinances for the policing and governing of said county and the enforcement of all duties and powers now or here-

664

JOURNAL OF THE HOUSE,

after vested in said governing authority and to provide penalties for violation of such ordinances; and for other purposes.

HR 532-1156. By Mr. Otwell of the 10th:
A Resolution compensating Mrs. Ruby Odell Holbrook and her husband, Mr. Robert Andrew Holbrook; and for other purposes.

HR 533-1156. By Mr. Howard of the 101st:
A Resolution compensating the heirs at law of the late Mr. William Couch; and for other purposes.

HB 1157. By Messrs. Richardson, Funk and Battle of the 116th, Smith and Gaynor of the 114th, Tye, and Whaley of the 115th, Gignilliat and Berry of the 113th:
A Bill to be entitled an Act to amend an Act creating the Municipal Court of Savannah, so as to increase the justice of peace jurisdiction in said court; and for other purposes.

HB 1158. By Messrs. Adams of the 125th, Daugherty of the 134th, Bond of the 136th, McClatchey of the 138th and others:
A Bill to be entitled an Act to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the Solicitor-General of said Circuit, so as to provide that the compensation of the first assistant Solicitor-General and Trial Assistant Solicitors-General shall be fixed by the Solicitor-General within specified limits; and for other purposes.

HB 1159. By Messrs. Williams of the 16th, Johnson of the 40th, Nimmer of the 84th, Harris of the 14th, Cole of the 3rd, Anderson of the 71st, Vaughan of the 14th and Ward of the 2nd:
A Bill to be entitled an Act to amend an Act providing for the chaining or cabling of loans of pulpwood, logs and lumber transported on the public highways of this state, so as to change the number of chains or cables which secure pulpwood to the vehicles on which it is being trans ported; to provide for the size of chains or cables which secure logs and lumber to the vehicle on which it is being transported; and for other purposes.
HB 1160. By Mr. Snow of the 1st:
A Bill to be entitled an Act to amend an Act incorporating the City of Roseville, so as to provide for the appointment of a chief of the fire and police departments of the City of Rossville by the mayor and council; and for other purposes.

WEDNESDAY, JANUARY 31, 1968

665

HB 1161. By Mr. Snow of the 1st:
A Bill to be entitled an Act to amend an Act incorporating the City of Rossville, so as to establish a recorder's court; and for other purposes.

HB 1162. By Mr. Snow of the 1st:
A Bill to be entitled an Act to amend an Act incorporating the City of Rossville, so as to change the compensation of the mayor and councilmen; and for other purposes.

HB 1163. By Mr. Rowland of the 48th:
A Bill to be entitled an Act to amend Code Section 8-101, relating to grounds of attachment, so as to remove the provisions allowing attach ments to issue when the debtor resides out of the State; and for other purposes.

HB 1164. By Messrs. Snow, Hale and Crowe of the 1st and Ward of the 2nd:
A Bill to be entitled an Act to amend an Act creating the Lookout Judicial Circuit, so as to increase the compensation of the solicitor general; to increase the compensation which may be paid to the clerk typist of the solicitor general; and for other purposes.

SB 204. By Senator Johnson of the 42nd:
A Bill to be entitled an Act known as "The Common Day of Rest Act of 1988"; and for other purposes.

SB 234. By Senators Eldridge of the 7th, Flowers of the 10th, Young of the 13th and Rowan of the 8th:
A Bill to be entitled an Act to establish the State Department of Air Transportation; and for other purposes.

SB 245. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act establishing the Georgia State War Veterans Home, so as to redefine the terms "war veterans"; and for other purposes.

SB 258. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act providing for the issuance of automobile tags to disabled veterans, so as to provide for the issuance of license tags to certain other veterans; and for other purposes.

666

JOURNAL OF THE HOUSE,

SB 260. By Senator Kidd of the 25th:
A Bill to be entitled an Act to prohibit clerks of the superior courts from charging veterans of certain wars a fee for recording their discharge certificates, so as to prohibit the clerks of the superior courts from charging any veteran a fee for recording his discharge certificate; and for other purposes.

Mr. Murphy of the 26th, Chairman of the Committee on Banks & Banking, submitted the following report:

Mr. Speaker:

Your Committee on Banks and Banking has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 935. Do Pass, by Substitute. HB 938. Do Pass, by Substitute. HB 939. Do Pass, as Amended.

Respectfully submitted, Murphy of the 26th, Chairman.

Mr. Harris of the 118th, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 959. Do Pass. HB 1030. Do Pass. HB 930. Do Pass. HB 1042. Do Pass. HB 1043. Do Pass. HB 1044. Do Pass.

Respectfully submitted, Harris of the 118th, Chairman.

WEDNESDAY, JANUARY 31, 1968

667

Mr. Clarke of the 45th, Chairman of the Committee on Local Affairs, sub mitted the following report:

Mr. Speaker:

Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HR 529-1156. Do Pass.

HR 531-1156. Do Pass.

HB

956. Do Pass.

HB 1108. Do Pass.

HB 1109. Do Pass.

HB 1110. Do Pass.

HB 1112. Do Pass.

HB 1113. Do Pass.

HB 1114. Do Pass.

HB 1123. Do Pass.

HB 1124. Do Pass.

HB 1126. Do Pass.

HB 1127. Do Pass.

HB 1128. Do Pass.

HB 1129. Do Pass.

HB 1130. Do Pass.

HB 1131. Do Pass.

HB 1133. Do Pass.

HB 1134. Do Pass.

HB 1137. Do Pass.

HB 1138. Do Pass.

HB 1139. Do Pass.

HB 1140. Do Pass.

HB 1141. Do Pass.

HB 1142. Do Pass.

HB 1143. Do Pass.

HB 1145. Do Pass.

HB 1146. Do Pass-

668

JOURNAL OF THE HOUSE,

HB 1147. Do Pass. HB 1148. Do Pass. HB 1149. Do Pass. HB 1150. Do Pass. HB 1154. Do Pass. HB 1157. Do Pass. HB 1158. Do Pass. HB 1164. Do Pass.

Respectfully submitted, Clarke of the 45th, Chairman.

Mr. Williams of the 16th, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

Your Committee on Motor Vehicles has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 4. Do Not Pass. SB 193. Do Not Pass. HB 110. Do Not Pass. HB 137. Do Not Pass. HB 1159. Do Pass. HB 259. Do Pass.

Respectfully submitted, Williams of the 16th, Chairman.

Mr. Steis of the 100th, Chairman of the Committee on Special Judiciary, sub mitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under considerationg the fol lowing Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

WEDNESDAY, JANUARY 31, 1968

669

HB 534. Do Pass, by Substitute.

Respectfully submitted, Steis of the 100th, Chairman.

Mr. McCracken of the 49th, Chairman of the Committee on State of Republic, submitted the following report:

Mr. Speaker:

Your Committee on State of Republic, has had under consideration the fol lowing Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 151. Do Pass, by Substitute.
HB 1155. Do Pass.
Respectfully submitted,
McCracken of the 49th,
Chairman.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:

SB 214. By Senator Lee of the 47th:
A Bill to provide a different statute of limitations on any action, whether in contract (oral or written, sealed or unsealed), in tort or otherwise; to repeal conflicting laws; and for other purposes.

SB 240. By Senator Minish of the 48th:
A Bill to amend Code Section 26-6907 relating to the discharging of guns or pistols on Sunday, so as to provide that guns and pistols may be discharged on Sunday under certain circumstances; to repeal conflicting laws; and for other purposes.

SB 247. By Senators Hall of the 52nd and Plunkett of the 30th:
A Bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relating to the allotment of teachers; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE,

SB 286. By Senator Fincher of the 51st:
A Bill to amend Code Section 88-1724 relating to copies of data from Vital Records, in order to provide a method whereby the Department of Public Health may issue full certified copies of birth certificates to gov ernmental agencies when requested and needed for official purposes; to repeal conflicting laws; and for other purposes.

SB 287. By Senator Fincher of the 51st:
A Bill to amend Code Section 88-1721 relating to the correction and amendment of Vital Records in order to provide a method whereby the Department of Public Health may issue a new certificate of birth in certain cases; to repeal conflicting laws; and for other purposes.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:

SB 214. By Senator Lee of the 47th:
A Bill to be entitled an Act to provide a different statute of limitations on any action, whether in contract (oral or written, sealed or unsealed), in tort or otherwise; and for other purposes.
Referred to the Committee on Judiciary.

SB 240. By Senator Minish of the 48th:
A Bill to be entitled an Act to amend Code Section 26-6907 relating to the discharging of guns or pistols on Sunday, so as to provide that guns and pistols may be discharged on Sunday under certain circumstances; and for other purposes.
Referred to the Committee on Industry.

SB 247. By Senators Hall of the 52nd and Plunkett of the 30th:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relating to the allotment of teachers; and for other purposes.
Referred to the Committee on Education.

SB 286. By Senator Fincher of the 51st:
A Bill to be entitled an Act to amend Code Section 88-1724 relating to copies of data from Vital Records, in order to provide a method whereby the Department of Public Health may issue full certified copies of birth certificates to governmental agencies when requested and needed for official purposes; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

WEDNESDAY, JANUARY 31, 1968

671

SB 287. By Senator Fincher of the 51st:
A Bill to be entitled an Act to amend Code Section 88-1721 relating to the correction and amendment of Vital Records in order to provide a method whereby the Department of Public Health may issue a new certificate of birth in certain cases; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

Pursuant to House Rule 142, Mr. Moore of the 20th served notice that at the proper time he would move that the following Bills of the House be reported back to the House:

HB 330. By Mr. Moore of the 20th:
A Bill to be entitled an Act to amend Code Section 32-1006, relating to the compensation, certification and classification of county superinten dents of schools; and for other purposes.

HB 331. By Mr. Moore of the 20th:
A Bill to be entitled an Act to amend an Act to amend the "Minimum Foundation Program of Education Act", so as to provide for separate classifications of professional personnel required to be certificated by the State Board of Education; and for other purposes.

By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 956. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to amend an Act known as the Fulton County Employees' Pension Act so as to provide the maximum amount of pen sion which certain individuals may receive under the provisions of this Act; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1007. By Mr. Caldwell of the 51st:
A Bill to be entitled an Act to consolidate and combine the Board of Tax Assessors of the City of Thomaston and the County of Upson; and for other purposes.

672

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1019. By Messrs. Doster of the 73rd, Dorminy of the 72nd, Bowen and Rainey of the 69th:
A Bill to be entitled an Act to amend an Act placing the Solicitor-General of the Cordele Judicial Circuit upon an annual salary, so as to change the salary of the Solicitor-General; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1086. By Messrs. Scarlett and Harris of the 85th:
A Bill to be entitled an Act to amend an Act known as the "Brunswick Port Authority Act", so as to provide that a project will not have to necessarily result in the increase use of the port facilities; to provide the sale of bonds shall not be limited by any interest cost limitation; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 1088. By Mr. Crowe of the 80th: A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Worth County on an annual salary in lieu of the fee

WEDNESDAY, JANUARY 31, 1968

673

basis of compensation, so as to provide that all uncollected fees, fines, forfeitures, commissions, allowances, penalties fund, monies or other perquisites of whatever kind which have accrued to the clerk at the time this Act becomes effective shall be paid to the clerk of the superior court when collected; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1100. By Messrs. Games of the 129th, Townsend of the 140th, Gates of the 123rd, Brown of the 135th and others:
A Bill to be entitled an Act to repeal an Act to establish the license fees which may be charged to any person, firm or corporation with a taxicab franchise and engaged in the taxicab business in all cities having a popu lation of 300,000 or more, so as to provide that the license fee established by this Act shall be the only license fee or business tax such cities shall be authorized to levy and collect; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1105. By Mr. Snow of the 1st: A Bill to be entitled an Act to incorporate the City of Lookout Mountain; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

674

JOURNAL OF THE HOUSE,

HB 1108. By Mr. Phillips of the 41st:
A Bill to be entitled an Act to provide for the election of members of the Board of Education of Columbia County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1109. By Mr. Phillips of the 41st:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Columbia County, so as to increase the membership of the Board; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1110. By Mr. Phillips of the 41st:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court, sheriff, and tax commissioner of Columbia County on an annual salary, so as to change the compensation of the sheriff; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

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

WEDNESDAY, JANUARY 31, 1968

675

HB 1112. By Mr. Harrison of the 98th:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Folkston, so as to authorize the mayor and council to appoint by resolution a city manager; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1113. By Mr. Harrison of the 98th:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Folkston, so as to increase and extend the corporate territorial limits of said city; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1114. By Mr. Harrison of the 98th:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Folkston, so as to authorize and empower the City of Folkston to abandon and close by ordinance portions of cer tain city streets and alleys; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

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

676

JOURNAL OP THE HOUSE,

HR 501-1090. By Messrs. Wilson and Henderson of the 102nd, McDaniell and Howard of the 101st and Cooper of the 103rd:
A RESOLUTION

Proposing a constitutional amendment so as to provide that residents of the City of Marietta who are 62 years of age or over, or who are totally disabled, and who have an income from all sources, including the income of certain members of the family, not exceeding $5,000.00 per annum, shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said City; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:
"Any other provisions of this Constitution to the contrary notwithstanding, each resident of the City of Marietta who is sixtytwo years of age or over and who does not have an income from all sources, including the income of all members of the family living in the home of said resident, exceeding $5,000.00 per annum, and each resident of the City of Marietta who is totally disabled and who does not have an income from all sources, including the income of all members of the family living in the home of said resident, exceeding $5,000.00 per annum, is hereby granted an exemption of $2,000.00 on his homestead from all ad valorem taxation by the City of Marietta as long as any such resident of the City of Marietta actually occupies said homestead as his residence. The value of the homestead in excess of the above exempted amount shall remain subject to ad valorem taxation by the City of Marietta. Any such resident shall not receive the benefits of such homestead exemption unless he files an affidavit with the governing authority of the City of Marietta, or with a person designated by the governing authority of the City of Marietta, giving his age and the amount of income which he receives and the income which members of his family living in his home receive and such additional information relative to receiving the benefits of such exemption as will enable the govern ing authority of the City of Marietta, or the person designated by the governing authority of the City of Marietta, to make a deter mination as to whether such owner is entitled to such exemption. The governing authority of the City of Marietta, or the person desig nated by the said governing authority, shall provide affidavit forms for this purpose the exemption provided for herein shall apply to all taxable years beginning after December 31, 1968."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of

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677

the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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 residents of the City of Marietta who are 62 years of age or over, or who are totally disabled, and who
NO ( ) have an income from all sources, including the income of certain members of the family, not exceeding $5,000.00 per annum, shall be granted a homestead ex emption of $2,000.00 from ad valorem taxation by said City?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Bond Branch

Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Chandler Cheeks Cole Collins, J. F.

Colwell Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Dean DeLong Dent

678
Dickinson Dillon Dixon Dodson Doster Douglas Edwards Egan Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor Gignilliat Graves Grier Gunter Hall Hamilton Hargrett Harrington Harris, J. R. Harris, R. W. Harrison Higginbotham Hill Holder Hood Howard Hutchinson Jenkins Johnson, A. S. Johnson, B. Jones, C. M. Jordan, G.

JOURNAL OF THE HOUSE,

Kaylor Kirksey Knapp Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lovell Lowrey Magoon Malone Matthews, C. Mauldin Maxwell McClatchey McCracken Melton Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Nash Nessmith Newton Nimmer Odom Oglesby Otwell Pafford Palmer Parker, C. A. Parker, H. W. Parrish Peterson

Phillips Poss Ragland Reaves Richardson Roach Ross Rowland Rush Russell Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W, Smith, V. T.
Stalnaker Starnes Steis Sullivan Thompson, A. W. Townsend Turner Tye Vaughan, D. N. Vaughn, C. R. Wamble Ward Wells
Westlake Whaley Williams Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Blalock Bostick Bo wen Bray Cato Clarke Collins, M. Davis Dollar Dorminy Fallin Grahl Had away Hale

Harris, J. F. Henderson Howell Joiner Jones, M. Jordan, W. H. Laite Lambert Lambros Land Leggett Leonard Le vitas Mason

Matthews, D. R. McDaniell Moreland Mullinax Murphy Northcutt Paris Pickard Potts Rainey Savage Smith, J. R. Smith, W. L. Snow

WEDNESDAY, JANUARY 31, 1968

679

Sweat Thompson, R. Threadgill Tucker

Underwood Walling Ware Wiggins

Wilson, R. W. Mr. Speaker

On the adoption of the Resolution, the ayes were 153 nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 504-1093. By Mr. Shuman of the 65th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Bryan County Industrial Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section VII, Paragraph V of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic to be known as the 'Bryan County Industrial Development Authority', which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and by that name, style and title said body may contract and be contracted with, sue and be sued, plead and be impleaded, and complain and defend in all courts of law and equity.
"B. The Authority shall be composed of seven members, one of whom shall be the members of the House of Representatives of Georgia whose Representative District includes Bryan County, and six of whom shall be residents of Bryan County appointed by the governing authority of Bryan County and said member of the House of Representatives of Georgia. The first members of the Authority shall take office on January 1, 1969. The members of the Authority shall serve for terms of office concurrent with the terms of office of the members of the governing authority of Bryan County, except the member of the House of Representatives who is a member of said Authority shall serve for a term concurrent with his term in the House of Representatives and shall serve from term to term as long as he remains a member of the House of Representatives. In the event vacancy occurs in the membership of the Authority by death, resignation or otherwise, the appointing authority shall fill the same, but in the event the vacancy occurs in the member's office who is a member of the House of Represen-

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tatives, then his successor in office shall fill such vacancy. Before assuming their duties of office, each member shall take an oath before an officer duly authorized to administer oaths that he will truly and faithfully perform the duties of a member of the Au thority.

"C. As used in this amendment the following words and terms shall have the following meanings unless a different meaning clearly appears from the context:

(1) The word 'Authority' shall mean the Bryan County In dustrial Development Authority.

(2) The word 'project' shall be deemed to mean and include the acquisition of lands, properties and improvements for develop ment, expansion and promotion of industry, commerce, agriculture, natural resources and vocational training; the construction of build ings and plans for the purpose of selling, leasing or renting such structures to private persons, firms or corporations.

(3) The term 'cost of project' shall embrace the cost of con struction, the cost of all lands, properties, easements, rights and franchises acquired, the cost of machinery and requipment, financ ing charges, interest prior to and during construction and for one year after completion of construction, cost of engineering, architec tural and legal expenses, and plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project and placing the same in operation.

"D. Bryan County is hereby expressly authorized to enter into contracts with the Authority as a public corporation.

"E. A majority of members of the Authority shall constitute a quorum for the transaction of the ordinary business of the Au thority, but any action with respect to any project of the Authority shall be approved by not less than a majority vote of the total membership of the Authority.

"F. The Authority shall have the following powers:
(1) To have a seal and alter the same at pleasure.
(2) To acquire, hold and dispose of personal property, in cluding the stock of other corporations, for its corporate purposes.
(3) To enter contracts with Bryan County.
(4) To acquire in its own name by purchase, on such terms and conditions, and in such manner as it may deem proper, real property or liens or easements therein or franchises necessary or

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681

convenient for its corporate purposes, and to use the same, and to lease or make contracts with respect to the use of or dispose of same in any manner the Authority deems to its best advantage. If the Authority shall deem it expedient to construct any project or use any project already construed on lands, the title to which shall then be in Bryan County, the governing authority of Bryan County is hereby authorized, in its discretion, to convey title to such lands, including any improvements thereon, to the Authority.

(5) To appoint and select officers, agents, and employees including engineers, architects, builders, and attorneys, and to fix their compensation.

(6) To make contracts, and to execute all instruments necessary or convenient, including contracts for construction of projects and leases and rentals and sale of project, or contracts with respect to the use of projects which it erects or acquires.

(7) To construct, erect, acquire, own, repair, remodel, maintain, extend, improve, equip, operate and manage projects, self-liquidating or otherwise, located on property owned or leased by the Authority, and to pay the cost of any such project from the proceeds of revenue-anticipation certificates of the Authority or from any grant from the County of Bryan, or from any contribution or loans by persons, firms or corporations, all of which the Authority is hereby authorized to receive and accept and use.

(8) To borrow money for any of its corporate purposes and to execute notes, mortgages, deeds to secure debt, trust deeds and such other instruments as may be necessary or convenient to evidence and secure such borrowing.

The Authority shall further have the power to borrow money from any agency, department, commission, bureau or institution of the State of Georgia or of the United States.

(9) To exercise any power granted by the laws of the State of Georgia to public or private corporations, performing similar functions, which is not in conflict with the Constitution and laws of the State of Georgia.

(10) To do all things necessary or convenient to carry out the powers expressly conferred by this Act.

(11) To adopt, alter or repeal its own bylaws, rules and regula tions governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the Au thority may deem necessary or expedient in facilitating its business.

(12) To issue revenue anticipation certificates for the purpose of paying all or any part of the cost of any project of the Authority. Such revenue anticipation certificates shall be issued and validated under and in accordance with the applicable provisions of the Act

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of the General Assembly of 1937 (Ga. Laws 1937, pp. 761-774), and as subsequently amended, providing for the issuance of revenue anticipation certificates.

(13) Through the use and power of eminent domain, the Au thority shall have the right, power, privilege and authority to condemn real property, rights-of-way or easements for purpose of developing and promoting for the public good and welfare industry within Bryan County, any such condemnation to be conducted in accordance with the laws of the State of Georgia.

"G. All lands and improvements and personal property the title to which is vested in the Authority, and all debentures, notes, bonds and revenue anticipation certificates issued by the Authority, and all income earned therefrom by the holders of said evidences of indebtedness, shall be exempt from State and local taxation.

"H. The governing authority of Bryan County is hereby au thorized and directed to levy and collect an annual ad valorem tax of two '(2) mills for developing and promoting industry and is directed to pay to the Authority all funds derived from such levy to be used for the purposes herein set forth.

"I. The Authority shall not be empowered or authorized in any manner to create a debt against the State of Georgia or Bryan County.

"J. The books and records of the Authority shall be audited at least annually, at the expense of the Authority, by a competent auditor. The Authority shall furnish copies of said audit to Bryan County.

"K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Bryan County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property
at that time.

"L. This amendment, being for the purpose of developing and promoting the public good and the welfare of the County of Bryan and its inhabitants, shall be liberally construed to effect the pur
poses hereof.

"M. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within the County of Bryan and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes.
"N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict same, and may likewise

WEDNESDAY, JANUARY 31, 1968

683

further regulate the management and conduct of the Authority."

Section 2. When the above proposed amendment to the Constitution shall have been agreed to by-two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to create NO ( ) the Bryan County Industrial Development Authority?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Bond Branch Brantley, H. H. Brown, B. D. Brantley, H. L.

Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Chandler Cheeks Cole Collins, J. F. Colwell Conner Cook Cooper, B. Cooper, J. R.

Cox Crowe, William Crowe, W. J. Dailey Daugherty Dean DeLong Dent Dickinson Dillon Dixon Dodson Doster Douglas Edwards Egan

684

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Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor Gignilliat Graves Grier Gunter Hall Hamilton Hargrett Harrington Harris, J. R. Harris, R. W. Harrison Higginbotham Hill Holder Hood Howard Hutchinson Jenkins Johnson, A. S. Johnson, B. Jones, C. M. Jordan, G. Kaylor Kirksey Knapp Lane, Dick Lane, W J. Lee, W. J. (Bill)

Lee, W. S. Lewis Longino Lovell Lowrey Magoon Malone Matthews, C. Mauldin Maxwell McClatchey McCracken Melton Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Nash Nessmith Newton Nimmer Odom Oglesby Otwell ^afford Palmer Parker, C. A. Parker, H. W. Parrish Peterson Phillips Poss Ragland Reaves

Richardson Roach Ross Rowland Rush Russell Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith G. W. Smith, V. T. Stalnaker Starnes Steis Sullivan Thompson, A. W. Townsend Turner Tye Vaughan, D. N. Vaughn, C. R. Wamble Ward Wells Westlake Whaley Williams Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Blalock Bostick Bowen Bray Cato Clarke Collins, M. Davis Dollar Dorminy Fallin Grahl Hadaway Hale Harris, J. F.

Henderson Howell Joiner Jones, M. Jordan, W. H. Laite Lambert Lambros Land Leggett Leonard Le vitas Mason Matthews, D. R. McDaniell

Moreland Mullinax Murphy Northcutt Paris Pickard Potts Rainey Savage Smith, J. R. Smith, W. L. Snow Sweat Thompson, R. Threadgill

Tucker Underwood Walling

WEDNESDAY, JANUARY 31, 1968

685

Ware Wiggins Wilson, J. M.

Mr. Speaker

On the adoption of the Resolution, the ayes were 153 nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

The following Resolutions of the House were read and adopted:
HR 551. By Mr. Dean of the 20th:
A RESOLUTION
Commending the Rockmart-Aragon Chamber of Commerce; and for other purposes.
WHEREAS, the Rockmart-Aragon Chamber of Commerce is one of the most active Chambers of Commerce in the State of Georgia; and
WHEREAS, the Rockmart-Aragon Chamber of Commerce assists other civic organizations with their projects; and
WHEREAS, the Rockmart-Aragon Chamber of Commerce is con stantly promoting the growth of Rockmart; and
WHEREAS, it is the desire of the members of this body to recognize the Rockmart-Aragon Chamber of Commerce for the impres sive work they are doing.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that this body does hereby commend and con gratulate the Rockmart-Aragon Chamber of Commerce for their out standing civic accomplishments and achievements.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an ap propriate copy of this resolution to Mr. O. R. Montgomery, President, and Mrs. Louise Greene, Secretary, Rockmart-Aragon Chamber of Commerce.
HR 552. By Mr. Dean of the 20th:
A RESOLUTION
Commending the members of the Cedartown-Polk County Civil Defense and Rescue Unit; and for other purposes.

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JOURNAL OF THE HOUSE,

WHEREAS, the members of the Cedartown-Polk County Civil Defense and Rescue Unit are on call twenty-four hours a day seven days a week to assist in all emergency situations which develop in Polk County; and

WHEREAS, they are active in civic, fraternal and religious af fairs of their community; and

WHEREAS, the Cedartown-Polk County Civil Defense and Rescue Unit consists of the following members; James Carter, Director, Roy E. Anderson, Carl Williams, Harrell Johnson, Brewster Bridges, Bill Clements, Gene Crabb, Hoyt Dingier, Van Dingier, Edward Garrett, Hershel Gladen, William Hulsey, Edward Jones, Herb Johnson, Billy Landers, Omer Merritt, Verdell Moody, Bill Morris, Doyal Morris, Harrison Pope, Frank Shifflet, O. C. Vincent, Grady Welch, Alton Wilson, Clyde Tuck, Henry Lindsey, E. D. Kelly, James McFall, R. L. Grogran, James Baker, Robert Blair, Milton Welch, Johnny Harris, and Charles Jeffery; and

WHEREAS, it is the desire of the members of this body to com mend the members of the Cedartown-Polk County Civil Defense and Rescue Unit for the impressive job they are doing.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend the members of the Cedartown-Polk County Civil Defense and Rescue Unit for the outstanding work they are doing for the citizens of Polk County.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an ap propriate copy of this resolution to Honorable James Carter, CedartownPolk County Civil Defense and Rescue Unit.

HR 553. By Mr. Dean of the 20th:
A RESOLUTION
Commending the Cedartown Merchant's Association; and for other purposes.
WHEREAS, the Cedartown Merchant's Association is one of the most active merchant's associations in the State of Georgia; and
WHEREAS, the Cedartown Merchant's Association is the sponsor of the Cedartown Arts Festival, Christmas Parade, and Back to School projects; and
WHEREAS, it is the desire of the members of this body to recognize the Cedartown Merchant's Association for the impressive work they are doing.

WEDNESDAY, JANUARY 31, 1968

687

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the members of the Cedartown Merchant's Association for their outstanding accomplishments and achievements.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appriate copy of this resolution to Mr. Spencer Brazier, President, and Mrs. Jean Brumby, Secretary, Cedartown Merchant's Association.

HR 554. By Messrs. Lane of the 64th, Paris of the 23rd, Caldwell of the 51st and Murphy of the 26th:
A RESOLUTION
Expressing appreciation to Mr. S. R. Davis; and for other purposes.
WHEREAS, the members of this body were guests of his Excellency, Honorable Lester G. Maddox, Governor of Georgia, and Mrs. Maddox at the first annual dinner held in the Executive Mansion on January 29, 1968; and
WHEREAS, this was a most delightful occasion, and much of the success of this outstanding affair was due to the wonderful food and service furnished by the caterer, Mr. S. R. Davis; and
WHEREAS, the excellent meal was a tribute to Mr. Davis and his staff, and he is to be complimented on the wonderful selection of food and its preparation; and
WHEREAS, Mr. Davis was assisted by the members of his family and their presence contributed much to the success of the dinner.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest appreciation is hereby expressed to Mr. S. R. Davis, his family and his staff for the excellent food and service at the first annual dinner held in the Executive Mansion on January 29, 1968, and Mr. Davis is hereby commended for his efforts in making this affairs an outstanding success.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to Mr. S. R. Davis.

Under the general order of business, the following Bills and Resolution of the House were taken up for consideration and read the third time:

HB 509. By Messrs. Rowland of the 48th, Doster of the 73rd and Peterson of the 59th:
A Bill to be entitled an Act to amend an Act providing- retirement benefits for the clerks of the superior court of Georgia, so as to provide

688

JOURNAL OF THE HOUSE,

that the benefits and funds shall be exempt from attachment, garnish ment, taxation, levy and sale and any other process; and for other pur poses.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Barber Barfield Bennett
Black Bond Bowen Branch
Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C.
Buck Games
Gates Cheeks Cole Collins, M.
Colwell Conner
Cook Cooper, B. Cooper, J. R. Crowe, William Crowe, W. J. Dailey Dean DeLong Dent Dillon
Dixon Dodson Doster Douglas Edwards Fallin Farmer

Farrar Fleming
Floyd Funk Gaynor
Gignilliat Grahl Graves Gunter
Hadaway Hale Hall Hamilton Hargrett Harrington Harris, J. F.
Haris, J. R. Harris, R. W. Harrison Henderson Hood Howard
Howell Jenkins
Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G.
Kaylor Kirksey Lambert
Lambros Land Lane, Dick Lane, W. J.
Lee, W. S. Leggett Leonard Levitas

Lewis Lovell
Lowrey Magoon Malone Mason Matthews, C.
Mauldin Maxwell McClatchey McCracken McDaniell
Melton Miller Mixon Moore, Don C.
Moore, J. H. Nash Nessmith Newton Northcutt
Odom Otwell Pafford
Paris Parrish Peterson Phillips Poss Potts Rainey
Reaves Richardson
Roach Rowland Rush Russell
Savage Scarlett Shanahan

WEDNESDAY, JANUARY 31, 1968

689

Sherman Shields Shuman Simmons Sims Smith, V. T. Snow Stalnaker Starnes

Steis Sullivan Sweat Thompson, A. W. Thompson, R. Threadgill Tye Vaughan, D. N. Vaughn, C. R.

Walling Wamble Ward Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those voting in the negative were Messrs.:

Battle Berry, J. K. Lee, W. J. (Bill)

Longino Merritt

Parker, C. A. Townsend

Those not voting were Messrs.:

Ballard Berry, C. E. Blalock Bostick Busbee
Caldwell Cato Chandler Clarke Collins, J. F.
Cox Daugherty Davis Dickinson Dollar Dorminy Egan

Gary Gay Grier Higginbotham Hill Holder Hutchinson Johnson, A. S. Jordan, W. H. Knapp Laite Matthews, D. R. Moate Moreland Mullinax Murphy Nimmer

Oglesby Palmer Parker, H. W. Pickard Ragland Ross Smith, G. W. Smith, J. R. Smith, W. L. Tucker Turner Underwood Ware Wells Westlake Wiggins Mr. Speaker

On the passage of the Bill, the ayes were 147, nays 7.

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

Messrs. Smith of the 114th, Laite of the 109th, Busbee of the 79th, Mullinax of the 42nd and Ware of the 42nd stated that they had been called from the floor of the House when the roll was called on HB 509, but had they been present, would have voted "aye".

HR 455-1013. By Mr. Rush of the 75th:
A RESOLUTION
To create the Shad Fish Study Committee; and for other purposes. WHEREAS, the problem relative to shad fish is becoming increasing ly complex; and

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JOURNAL OF THE HOUSE,

WHEREAS, said fish are a potential source of increased revenue to the economy of this State; and

WHEREAS, the members of this body are in need of information in order that they might intelligently make provisions for the conservation and propagation of shad fish.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that there is hereby created the Shad Fish Study Committee to be composed of four members of the Senate to be appointed by the Lieutenant Governor and four members of the House to be ap pointed by the Speaker of the House. The Committee shall study all as pects of the shad fish problem, particularly all the laws, rules and regulations related thereto. The Committee is authorized to consult with persons and organizations knowledgeable in the shad fish field. The mem bers of the Committee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative commit tees; provided, however, that the Committee shall be authorized to meet no more than ten days. The Committee shall make a report of its find ings and recommendations and when such report is made, the Committee shall stand abolished. The funds necessary for this Resolution shall come from the funds appropriated to and available to the legislative branch of the government.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond
Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck

Busbee Games Gates Cato Chandler Cheeks Cole Collins, J. F. Conner Cook Cooper, B. Cooper, J. R. Cox
Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent

Dickinson Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards Farmer Farrar Fleming Funk
Gary Gay Gaynor Gignilliat Grahl Graves Gunter Hall

WEDNESDAY, JANUARY 31, 1968

691

Hamilton Hargrett Harrington Harris, J. P. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Holder Hood Howard Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Knapp Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Longino Lowrey Magoon Malone

Mason Matthews, C. Mauldin Maxwell MeClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, Don C. Mullinax Nash Nessmith Newton Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Poss Potts Rainey Reaves Richardson Roach

Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, V. T. Snow Stalnaker Starnes Sweat
Thompson, A. W. Thompson, R. Turner Tye Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Bray Caldwell Clarke Collins, M. Colwell Egan Tallin Tloyd Grier Hadaway Hale Hill

Howell Jordan, W. H. Laite Leonard Levitas Lovell Matthews, D. R. Moore, J. H. Morehead Murphy Pickard Ragland

Ross Smith, J. R. Smith, W. L. Steis Sullivan Threadgill Townsend Tucker Underwood Wiggins Mr. Speaker

On the adoption of the Resolution, the ayes were 170, nays 0.

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

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JOURNAL OF THE HOUSE,

Messrs. Smith of the 114th and Laite of the 109th stated that they had been called from the floor of the House when the roll was called on HR 455-1013, but had they been present would have voted "aye".

HB 453. By Messrs. Lambros of the 130th, Games of the 129th, Cox of the 127th, Grier of the 132nd and others:
A Bill to be entitled an Act to provide that the school boards of any school districts that maintain a recognized public school may establish and maintain special educational facilities; and for other purposes.

The following substitute, offered by the Committee on Education, was read:
A BILL
To be entitled an Act To provide that the school boards of any school districts that maintain a recognized public school shall establish and maintain special educational facilities; to provide for the employment of professional workers; to provide that the State Board of Education shall provide for implementation of statewide programs in the public schools for the education of exceptional children and implementation of other educational programs not ordinarily coming within the prescribed curricula of the public schools; to provide the powers and duties of the State Board of Education relative to said programs; to provide for the appointment of an Advisory Council for Exceptional Children; to provide for the establishment of Committees for Exceptional Children; to provide the powers and duties of said Committees; to provide for comprehensive planning; to provide for scholarship grants; to provide for the recuitment of professional workers; to provide for transportation of exceptional children and for itinerant teachers; to provide for definitions; to provide for full implementation; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Meaning of Terms: Unless the context indicates otherwise, the terms used in this Act shall have the meanings ascribed to them in this Section.
(a) Exceptional Children: "Exceptional Children" are those who have emotional, physical, communicative, and/or intellectual deviations to the degree that there is interference with school achievements or adjustments, or prevention of full academic attain ment, and who require modifications or alternations in their educa tional programs. This definition includes children who are mentally retarded, physically handicapped, speech handicapped, multiple handicapped, autistic, dislexic, intellectually gifted, and any other areas of exceptionality which may be identified.
(b) Special Education Facilities: "Special Education Facilities" shall include, but not be limited to, special classes, special housing,

WEDNESDAY, JANUARY 31, 1968

693

special instruction, special rental facilities, braillist and typist for visually handicapped children, transportation, maintenance, instruc tional materials, therapy, professional consultant services, psychol ogical services, itinerant services, resource services, additional evalu ation services and centers, special administrative services, salaries of all required special personnel, and other special education services required by the child because of his exceptionality, if such services are approved by the State Board of Education and the child is eligible therefor under this Act and the regulations of the State Board of Education.
(c) Professional Workers: "Professional Workers" means ap proved personnel, and shall include, but not be limited to, speech and/or hearing specialists, mobility instructors, special education interns, special education administrators or supervisors giving full time to special education, and teachers of any class or program de fined in this Act who meet the requirements of this Act.
SECTION 2
Application of Act: Notwithstanding any other provision of law to the contrary, the provisions of this Act shall apply to the boards of education of all county, independent and area school systems in the State of Georgia.
SECTION 3
Education for Exceptional Children: School boards of any school systems that maintain a recognized public school shall, subject to any limitations hereinafter specified, establish and maintain such special education facilities and employ such professional workers as may be needed for one or more of the types of exceptional children defined by the State Board of Education who are residents of their school district and such children, residents of other school districts, as authorized by this Act.

SECTION 4
Powers and Duties of State Board of Education: The State Board of Education shall provide for: (a) implementation of state-wide programs in the public schools of this State for the education of exceptional children as defined by this Act; and (b) implementation of other educational programs not ordinarily coming within the prescribed curricula of the public schools.
The State Board of Education is authorized to establish priorities, standards, and criteria for implementation and operation of such pro grams as the Board, may, in its discretion, find necessary or desirable to implement on a statewide basis. Local school systems shall, prior to implementation of such programs by the State Board, implement such programs locally in accordance with criteria and standards prescribed by the State Board.
An Advisory Council for Exceptional Children shall be appointed by the State Superintendent of Schools and approved by the State Board of Education.

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JOURNAL OF THE HOUSE,

SECTION 5

Committee for Exceptional Children: There shall be established in each school system a "Committee for Exceptional Children." When estab lished, this Committee shall be composed of the local superintendent of the school system, the local coordinator of the program for exceptional children who shall be chairman, and a minimum of five additional people who shall be representative of professions related to special education and who shall be elected by the board of education of the local school system. In cases where two or more school systems wish to combine their services for exceptional children on a cooperative basis, one Committee for Exceptional Children may be formed to serve both school systems.

SECTION 6

Comprehensive Planning: Each school system or combination of school systems shall secure a competent survey of the educational needs of exceptional children in each jurisdiction and shall make an educational plan for these children. This plan shall be presented to the State Depart
ment of Education within one year after the passage of this bill. A bien nial report shall be made to the State Department of Education to indi cate the extent to which the plan has been implemented and to report ad ditional planning.

SECTION 7

Scholarships and Recruitment: The State Superintendent of Schools, with the advice of the Advisory Council for Exceptional Children, shall make scholarship grants to persons of good character who are interested in working in programs for the education of exceptional children, for either part-time or full-time study in programs designed to qualify them as professional workers under subsection (c) of Section 1 of this Act. Persons who qualify for a scholarship must have earned at least ninety (90) quarter hours of college credit and must be students of a recognized college or university. Part-time students and summer session students may be awarded grants on a pro-rata basis. All grants shall be made in accordance with rules and regulations prescribed by the State Super intendent of Schools and the State Board of Education.
Monies not used in reimbursement of scholarship expenses and ad ministration shall be used to recruit professional workers for programs of education of exceptional children through further training at graduate and undergraduate levels.

SECTION 8

Non-Local Education for Exceptional Children: If an exceptional child cannot be educated in his local school system on criteria established by the State Board of Education, his parents may seek educational pro grams appropriate to the child's needs. Upon application to the Program for Exceptional Children, State Department of Education, and upon ap proval of said agency, the school or agency educating the exceptional child shall be reimbursed for tuition, fees, transportation, and books, not

WEDNESDAY, JANUARY 31, 1968

695

to exceed the cost of educating that type of exceptional child of an identical age in Georgia public schools.

This section excluded those multiple handicapped children for whom special appropriation is provided because of the severity of their dis abilities.

SECTION 9

Transportation of Exceptional Children and Itinerant Teachers. When it is deemed necessary, in the best judgment of the local Com mittee for Exceptional Children, said Committee shall include in its planning and shall recommend to the local school board the free transpor tation of said pupils. The school boards of local districts shall be reim bursed for the cost of said transportation when State funds are ap propriated for this purpose.

The local school board may permit children in their school district or in any particular grade to attend the schools of other districts when deemed necessary for adequate educational services, and may provide free transportation for such pupils.

When travel is required for itinerant teachers, reimbursement for such travel shall be provided.

SECTION 10

Implementation: It is further provided that the provisions of this Bill shall be fully implemented on or before eight years after the date it becomes law.

SECTION 11

All laws and parts of laws in conflict with this Act are hereby re pealed.

The following amendment was read and adopted:

Mr. Lambros of the 130th moves to amend Committee Substitute to HB 453 by deleting paragraph (a) of Section 1 in its entirety and by substituting a new paragraph (a) Section 1 to read as follows:
"(a) Exceptional Children: 'Exceptional Children' are those who have emotional, physical, communicative and/or intellectual devia tions to the degree that there is interference with school achieve ments or adjustments, or prevention of full academic attainment, and who require modifications or alterations in their educational pro grams. This definition includes children who are mentally retarded, physically handicapped, speech handicapped, multiple handicapped, autistic, intellectually gifted, hearing impaired, visually impaired and any other areas of exceptionality which may be identified."
The following amendment was read:

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Mr. Moore of the 20th moves to amend Committee substitute to HB 453 as follows:

By striking Section 2 and Section 3 in their entirety and renumber ing all other Sections accordingly.

And by striking the last sentence in Section 4.

And by striking Section 5 in its entirety and renumbering all other Sections accordingly.

And by striking from Section 7 beginning in the first line thereof the following language:

"with the advice of the Advisory Council for Exceptional Chil dren".

And by striking the last paragraph in Section 7.

And by striking in their entirety Sections 8, 9 and 10, and renumber ing all other sections accordingly.

And that the caption be amended as follows:

By inserting in the first line between the word "the" and "School", the word "State".

And by striking from the caption beginning in the first line the fol lowing language:

"of any school district that maintains a recognized public school".

And by striking the following language beginning on line 9 "to pro vide for the appointment of an Advisory Council for Exceptional Chil dren; to provide for the establishment of Committees for Exceptional Children; to provide the powers and duties of said Committees;".

And by striking the following language beginning on line 13:

"to provide for transportation of exceptional children and for itinerate teachers".

And striking from line 14 the following:

"to provide for full implementation".

On the adoption of the amendment to the Committee substitute, the roll call was ordered and the vote was as follows:

WEDNESDAY, JANUARY 31, 1968

697

Those voting in the affirmative were Messrs.:

Fleming Moore, J. H.

Odom Smith, V. T.

Starnes

Those voting in the negative were Messrs.:

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bo wen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Caldwell Games Gates Cato Cheeks Cole Collins, J. F. Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson

Dollar Doster Douglas Edwards Egan Fallin Farmer Farrar Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Hadaway Hall Hamilton Hargrett
Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison
Higginbotham Hill Holder Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambert Lambros Land Lane, Dick Lee, W. J. (Bill)

Lee, W. S. Leonard Le vitas Longino Lovell Magoon Malone Mason Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, Don C. Mullinax Nash Nessmith Newton Nimmer Northcutt Oglesby Otwell Pafford Palmer Paris Parker, H. W. Parrish Peterson Phillips Potts Rainey Reaves Richardson Roach Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields

698

JOURNAL OF THE HOUSE,

Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, W. L. Snow Stalnaker Sweat Thompson, A. W.

Thompson, R. Townsend Turner Tye Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware

Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Busbee Chandler Clarke Dorminy Floyd Gunter Hale Henderson Johnson, B.
Lane, W. J.

Leggett Lewis Lowrey Matthews, D. R. Moreland Murphy Parker, C. A. Pickard Poss

Ragland Reaves Ross Steis Sullivan Threadgill Tucker Underwood Mr. Speaker

On the adoption of the amendment to the Committee substitute, the ayes were 5, nays 173.

The amendment to the Committee substitute was lost.

Mr. Smith of the 3rd stated that he had inadvertently voted "aye", but in tended to vote "nay" on the amendment.

The Committee substitute, as amended, was adopted.

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, by substitute, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Barfield

Battle Bennett Berry, C. E. Berry, J. K. Black Blalock

Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L.

WEDNESDAY, JANUARY 31, 1968

699

Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Cheeks Cole Collins, J. F. Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards Egan Tallin Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway Hall Hamilton Hargrett

Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Mullinax Murphy Nash

Nessmith Newton Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland Rainey Reaves Richardson Roach Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sweat Thompson, A. W. Thompson, R. Townsend Turner Tye Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley

700
Wiggins Williams

JOURNAL OF THE HOUSE,

Wilson, J. M. Wilson, R. W.

Winkles Wood

Those not voting were Messrs.:

Clarke Hale Lewis Matthews, D. R. McCracken

Moreland Parker, C. A.
Ross Sullivan

Threadgill Tucker
Underwood Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 192, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Mr. Lewis of the 50th stated that he had been called from the floor of the House when the roll was call on HB 453, by substitute, as amended, but had he been present, would have voted "aye".

HB 932. By Messrs. Northcutt, Gary and Lee of the 35th, Parker of the 68th, Wood of the 16th, Tucker of the 36th and others:
A Bill to be entitled an Act to provide for the issuance by the State Revenue Commissioner of Special license tags to motor vehicle owners who operate citizens' band radio stations; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Aanderson Ballard Barber Battle Bennett Berry, J. K. Black Blalock Bond Bostick Bowen

Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Caldwell Carnes Gates Cato Cheeks Cole Collins, J. P. Collins, M.

Colwell Conner Cooper, B. Cooper, J. R. Crowe, William Crowe, W. J Dailey Daugherty Davis Dean DeLong Dent Dickinson

WEDNESDAY, JANUARY 31, 1968

701

Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards Fallin Farmer Fleming Funk Gary Gay Gaynor Gignilliat Grahl Graves Gunter Hadaway Hall Hamilton Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham
Hill Holder Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jordan, G. Jordan, W. H. Kaylor

Kirksey Knapp Laite Lambert Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Longino Lowrey Magoon Malone Mason Matthews, C. Mauldin Maxwell McClatchey McCracken Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Odom Otwell Pafford Palmer Paris Parker, H. W. Parrish

Peterson Phillips Poss
Potts Rainey Reaves Richardson
Roach Rowland Rush Russell
Savage Scarlett Shanahan Sherman Shuman Simmons Sims Smith, G. W. Smith, V. T. Smith, W. L. Snow
Stalnaker Starnes Steis Sweat Thompson, R. Turner Underwood Vaughan, D. N.
Wamble Ward Ware
Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Barfield Berry, C. E. Buck
Busbee Chandler
Clarke Cook
Cox Egan Farrar

Floyd Grier Hale Hargrett Harrington
Jones, M. Lambros Lewis Lovell Matthews, D. R.

McDaniell Melton
Moreland Oglesby Parker, C. A. Pickard Ragland Ross Shields Smith, J. R.

702

JOURNAL OF THE HOUSE,

Sullivan Thompson, A. W.
Threadgill

Townsend Tucker
Tye

Vaughn, C. R, Walling
Mr. Speaker

On the passage of the Bill, the ayes were 166, nays 0.

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

Mr. Funk of the 116th arose to a point of personal privilege and addressed the House.

The Speaker announced the House recessed until 1:30, this afternoon.
AFTERNOON SESSION
The Speaker called the House to order.
The following communications were received and read:
STATE OF GEORGIA
Executive Department Atlanta
January 31, 1968
Honorable George L. Smith II Speaker of the House of Representatives and Members of the House of Representatives House Chamber State Capitol Atlanta, Georgia 30334
Dear Speaker Smith and Members of the House:
On January 30, 1968, a communication was delivered to me signed by J. W. Claxton, a member of the State Pardon and Parole Board, tendering his resignation. After seriously considering the reasons stated in his communication for offering his resignation and after much deliberation, I feel it would be in the best interests of the State of Georgia to accept his resignation.
Accordingly, the resignation of J. W. Claxton as a member of the State Board of Pardons and Paroles has been accepted effective at 12:00 o'clock noon, January 31, 1968.

WEDNESDAY, JANUARY 31, 1968

703

This communication is being forwarded to you so that you may take such action on the proceedings before the General Assembly as you may deem proper because of my aforesaid action.

Respectfully, Lester Maddox Governor

STATE BOARD OP PARDONS AND PAROLES State of Georgia State Capitol
Atlanta, Georgia 30334

January 30, 1968

Honorable Lester G. Maddox Governor, State of Georgia Executive Department State Capitol Atlanta, Georgia

Dear Governor Maddox:

Due to my physical condition and because of recent developments, I herewith tender my resignation, without prejudice, as a member of the State Board of Pardons and Paroles, to become effective at your pleasure.
Respectfully submited,
J. W. Claxton

STATE OF GEORGIA Executive Department Atlanta

January 31, 1968

Honorable J. W. Claxton, Member State Board of Pardons and Paroles One Peachtree Street Atlanta, Georgia 30303
Dear Mr. Claxton:
Please permit me to acknowledge receipt of your communication in which you have offered to resign as a member of the State Board of Paroles.

After seriously considering the reasons stated in your communica tion for offering your resignation and after much deliberation, I feel that it would be in the best interest of the State of Georgia to accept your resignation.

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JOURNAL OP THE HOUSE,

Your resignation is hereby accepted, effective 12:00 Noon, January 31, 1968.
Yours truly,
Lester Maddox
Governor

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:

The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 281. By Messrs. Starnes of the 13th, and Bennett of the 95th:
A Bill to amend Code Chapter 26-11 relating to the crimes of abortion, foeticide and infanticide, so as to provide for the additional exceptions where such acts are undertaken or accomplished by physicians; to pro vide the circumstances when such acts shall be lawful; to repeal con flicting laws; and for other purposes.

The Senate has disagreed to the House amendment to the following Bill of the Senate, to-wit:

SB 181. By Senator Padgett of the 23rd:
A Bill to amend Code Title 34 constituting the "Georgia Election Code", as amended, so as to provide that any incumbent who previously ac companied his notice of candidacy with a nomination petition shall not again be required to accompany his notice of candidacy with such petition upon qualifying as a candidate to succeed himself; and for other purposes.

By unanimous consent, the following Bill of the House was recommitted to the Committee on Special Judiciary for further study:

HB 950. By Mr. Cooper of the 103rd:
A Bill to be entitled an Act to amend the Act creating the Peace Officers' Annuity and Benefit Funds, so as to provide newly-employed peace offi cers with certain rights; and for other purposes.

Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:

WEDNESDAY, JANUARY 31, 1968

705

HB 1064. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Bill to be entitled an Act to amend an Act creating the Georgia State Scholarship Commission, so as to authorize the Commission to conduct public relations and public information programs; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 117, nays 0.

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

HB 1065. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Bill to be entitled an Act to create the Georgia Higher Education Assistance Committee; to provide for the composition of said Committee; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Branch Brantley, H. H. Brantley, H. L. Brown, B. D. Buck

Carnes Cato Chandler Cheeks Collins, M. Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, W. J. Dailey Daugherty Dean DeLong Dent Dickinson

Dillon Dixon Dodson Doster Douglas Edwards Egan Fallin Farmer Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl

706
Graves Grier Gunter Hale Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Higginbotham Hill Holder Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Knapp Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis

JOURNAL OP THE HOUSE,

Longino Lowrey Malone
Mason Matthews, C. Matthews, D. R. Mauldin
Maxwell McClatchey McCracken McDaniel Merritt
Miller Mixon Moore, Don C.
Murphy Nash Nessmith
Newton Nimmer
Northcutt Odom Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W.
Parrish Peterson
Poss Potts Ragland Rainey Reaves Richardson

Roach Ross Rowland Russell Savage Scarlett Shanahan Sherman Simmons Smith, G. W. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Turner Tye Underwood Vaughan, D. N. Wamble Ward Wells Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs. :

Anderson Bo stick Bowen Bray Brown, C. Busbee Caldwell Gates Clarke Cole Collins, J. F. Colwell Crowe, William Davis Dollar Dorminy

Farrar Hadaway Hall Harrison Hood Kirksey Laite Lambert Leggett Lovell Magoon Melton Moate Moore, J. H. Moreland Mullinax

Oglesby Phillips Pickard Rush Shields Shuman Sims Smith, J. R. Smith, V. T. Tucker Vaughn, C. R. Walling Ware Westlake Mr. Speaker

WEDNESDAY, JANUARY 31, 1968

707

On the passage of the Bill, the ayes were 158, nays 0.

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

HB 894. By Mr. Thompson of the 110th:
A Bill to be entitled an Act to amend Code Section 53-204, relating to the application and issuance of marriage licenses, as amended, so as to provide alternative methods for obtaining parental consent under certain conditions; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Buck Caldwell Games Gates Cato Chandler Cheeks Clarke Cole Collins, J. P.

Colwell Conner Cook Cooper, J. R.
Cox
Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Dollar Dorminy Doster
Douglas Edwards Egan Fallin Farmer Fleming Floyd Funk Gary Gay

Gaynor Gignilliat Grahl Graves Grier Gunter Hale Hall Hamilton Hargrett Harrington Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howard Howell Hutchinson Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor

708
Knapp Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Le vitas Lewis Lowrey Malone Mason Matthews, C. Mauldin Maxwell McCracken McDaniell Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Nash Nessmith

JOURNAL OF THE HOUSE,

Newton Nimmer Northcutt Odom
Otwell Pafford Palmer Parker, C. A. Parker, H. W. Peterson Poss Potts Ragland Rainey Reaves Richardson
Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Shuman Simmons Sims Smith, G. W.

Smith, J. R. Smith, W. L.
Snow Stalnaker Starnes
Steis Sullivan
Sweat Thompson, A. W. Thompson, R. Threadgill Townsend
Turner Tye
Underwood Vaughn, C. R. Wamble Ward Wells Westlake Whaley Wiggins Williams Wilson, R. W. Winkles
Wood

Those not voting were Messrs.:

Brown, C. Busbee Collins, M. Cooper, B. Farrar Hadaway Harris, J. F. Jenkins Kirksey
Laite Longino

Lovell
Magoon Matthews, D. R. McClatchey Melton Moreland Mullinax Murphy
Oglesby Paris
Parrish

Phillips Pickard Sherman Shields Smith, V. T. Tucker Vaughan, D. N.
Walling Ware Wilson, J. M.
Mr. Speaker

On the passage of the Bill, the ayes were 172, nays 0.

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

Mr. Laite of the 109th stated that he had been called from the floor of the House when the roll was called on HB 894, but had he been present would have voted "aye".

WEDNESDAY, JANUARY 31, 1968

709

HB 969. By Messrs. Harris of the 85th, Nessmith of the 64th, Brantley of the 63rd, Joiner of the 48th and Knapp of the 109th:
A Bill to be entitled an Act to create the Surface Mined Land Use Board under the Department of Mines, Mining and Geology; and for other purposes.

The following substitute, offered by Messrs. Harris of the 85th and Nessmith of the 64th, was read and adopted:
Substitute to HB 969:
A BILL
To be entitled an Act to create the Surface Mined Land Use Board under the Department of Mines, Mining and Geology; to provide for a short title; to define the purpose of this Act; to define certain terms; to provide for the membership of the Board; to provide for their appoint ment and expenses; to provide for the powers and duties of the Board; to provide for the employment of certain agents and employees; to pro vide that operators comply with certain requirements; to provide for the substitution of mined areas; to provide for enforcement of this Act; to provide for the denial of licenses under certain conditions; to authorize the Board to promulgate rules and regulations; to provide for appeals; to provide for penalties; to provide for an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Short Title. This Act shall be known and may be cited as the "Georgia Surface Mining Act of 1968."
Section 2. Purposes of Act: Department of Mines, Mining and Geology Designated as Agency to Administer Program. The purposes of this Act are:
(1) to assist in achieving and maintaining an efficient and pro ductive mining industry and increasing economic and other benefits attributable to mining;
(2) to advance the protection of fish and wildlife and the pro tection and restoration of land, water and other resources affected by mining;
(3) to assist in the reduction, elimination or counteracting of pollution or deterioration of land, water and air attributable to mining;
(4) to encourage programs which will achieve comparable re sults in protecting, conserving and improving the usefulness of natu ral resources to the end that the most desirable conduct of mining and related operations may be universally facilitated;

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JOURNAL OF THE HOUSE,

(5) to assist in efforts to facilitate the use of land and other resources affected by mining so that such use may be consistent with sound land use, public health and public safety, and to this end to study and recommend wherever desirable, techniques for the improvement, restoration or protection of such land and other resources.

The Surface Mined Land Use Board created herein, which is hereby designated as an autonomous division of the Department of Mines, Mining and Geology, shall administer the provisions of this Act consistent with the above stated purposes.

Section 3. Definitions. Unless clearly indicated otherwise by the context, the following terms when used in this Act, for the purpose of this Act, shall have the meanings respectively ascribed to them in this Section:
(a) Surface Mining means the mining of ores or mineral solids for sale or for processing or consumption in the regular operation of a business by removing the overburden lying above natural de posits thereof and mining directly from the natural deposits thereby exposed, or by mining directly from deposits lying exposed in their natural state. Removal of overburden and mining of limited amounts of any ores or mineral solids shall not be considered surface mining when done only for the purpose and to the extent necessary to determine the location, quantity, or quality of any natural deposit, so long as no ores or mineral solids removed during exploratory excavation or mining are sold, processed for sale, or consumed in the regular operation of a business. Tunnels, shafts, and dimension stone quarries, because of the low ratio of land disturbed to values created by mining, shall not be considered to be surface mining.
(b) Mineral means clay, stone, gravel, sand, phosphate, rock, metallic ore, and any other solid material or substance of commercial value found in natural deposits on or in the earth.

(c) Affected Land means the area of land from which over burden has been removed or upon which overburden has been de posited or both.
(d) Overburden means all of the earth and other materials which lie above natural deposits of ores or minerals, and includes all earth and other materials disturbed from their natural state in the process of surface mining.

(e) Refuse means all waste material exclusive of overburden directly connected with the mining, cleaning and preparation of substances mined by surface mining.
(f) Pit means a tract of land from which overburden has been or is being removed for the purpose of surface mining.
(g) Spoil Bank means overburden removed from its natural position and and deposited elsewhere in the process of surface mining.

WEDNESDAY, JANUARY 31, 1968

711

(h) Peak means a projecting point of overburden removed from its natural position and deposited elsewhere in the process of surface mining.

(i) Ridge means a lengthened elevation of overburden removed from its natural position and deposited elsewhere in the process of surface mining.

(j) Operator means any person, firm, partnership, association or corporation engaged in and controlling one or more surface mining operations.

(k) Department means the Department of Mines, Mining and Geology.

(1) Inspector means any authorized employee of the Surface Mined Land Use Board responsible for the administration or enforce ment of this Act.

(m) Board means "Surface Mined Land Use Board".
(n) Mined Land Use Plan means an operator's written proposal for accomplishing land use objectives on the affected land. It may include, but not be limited to, plans for grading, disposal or refuse, reclamation and revegetation, and the time of completion of the plan.
(o) Reclamation means the reconditioning or rehabilitation of affected land under an approved Mined Land Use Plan.
Section 4. There is hereby created the Surface Mined Land Use Board which shall be composed of eleven (11) members to be appointed as follows:
(1) A qualified forester to be appointed by the Governor from a list of two names submitted by the Georgia Forestry Commission.

(2) A qualified geologist to be appointed by the Governor from a list of two names submitted by the Department of Mines, Mining and Geology.

(3) A qualified wildlife biologist to be appointed by the Gov ernor from a list of two names submitted by the State Game and Fish Commission.
(4) A qualified water quality control engineer to be appointed by the Governor from a list of two names submitted by the State Game and Fish Commission.
(5) A qualified soil conservationist to be appointed by the Gov ernor from a list of two names to be submitted by the State Soil and Water Conservation Committee.
(6) One member actively engaged in the surface mining in dustry to be appointed by the Governor from a list of two names to

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JOURNAL OF THE HOUSE,

be submitted by the Board of Directors of the Georgia State Chamber of Commerce.

(7) Three members representing the various segments of the surface mining industry to be appointed by the Governor from a list of six names to be submitted by the Associated Industries of Georgia.

The forester, geologist, wildlife biologist, water quality control engineer and soil conservationist appointees shall have at least two years experience within their respective fields and shall have been a resident of the State of Georgia for two years immediately preceding their ap pointment. The initial terms of office shall be three for one year, two for two years, two for three years and two for four years. The Governor shall designate the term of office for each person he appoints when making the initial appointments. Thereafter, all appointments shall be for four years. Vacancies for unexpired terms and expiration of terms shall be made in the same manner as original appointments. Members of the Board shall be eligible for reappointment. The Governor, within fifteen days after the approval date of this Act, shall request the organizations or departments concerned to forward their nominations to his office within fifteen days after receipt of such request. The Governor shall make the appointments within thirty days after receiving the nomi nations from the various organizations and departments. Thereafter, the secretary of the Board shall notify the organizations or departments concerned whenever a vacancy occurs and request them to forward their nominations to the Governor within fifteen days after notification and the Governor shall make such appointments within thirty days after receiving such nominations.

In addition to the person appointed by the Governor, the President of the Senate shall appoint one State Senator to the Board and the Speaker of the House of Representatives shall appoint one member of the House of Representatives to the Board. No person shall be eligible to remain on the Board as a legislative member unless he continues to serve in the General Assembly. The terms of office of the legislative members shall be two years each and they shall be eligible for reappoint ment.
A majority of the membership of the Board shall constitute a quorum and a quorum may transact any business which may come before the Board. The Board shall elect a chairman and other officers at its first meeting in each calendar year.
The members of the Board shall receive no compensation for their service but shall be entitled to receive actual expenses incurred in the performance of their duties. The legislative members of the Board shall receive their expenses from funds appropriated to or avaialble to the legislative branch of the government.

Section 5. The Surface Mined Land Use Board shall have the fol lowing powers and duties:

(a) to administer and enforce the provisions of this Act and all rules, regulations and orders promulgated thereunder;

WEDNESDAY, JANUARY 31, 1968

713

(b) to examine and pass upon license applications of operators;

(c) to examine and pass upon surface Mined Land Use Plans submitted by operators;

(d) to make investigations and inspections;

(e) to revoke licenses, deny renewals and forfeit bonds or cash of mine operators who refuse to carry out their plans of mined land use;

(f) to collect information on surface mining and Mined Land Use Plans;

(g) to collect, publish, and distribute information on mined land uses;

(h) to accept monies that are available from government units and private organizations;
(i) to conduct research studies of mined land uses;
(j) to carry out land use projects on land where bonds or cash have been forfeited using funds available for such purposes.
(k) to institute and prosecute all such court actions as may be necessary to obtain the enforcement of any order issued by the Board in carrying out the provisions of this Act;
(1) to exercise all incidental powers necessary to carry out the purposes of this Act.
The above and foregoing powers may be exercised and duties per formed by the Board through such duly authorized agents and employees as it deems necessary and proper.
Section 6. Operators of surface mining firms shall be required:
(a) to obtain a license from the Surface Mined Land Use Board each year. The application for the license will contain at least the following information: (1) Name and address of operator; (2) Description of affected land and number of acres involved during the year of the license applied for; (3) Number of workers the operator employs in the mining operation in this State; (4) Consent of the operator and/or owner as appropriate to enter the land to make necessary inspections. The fee for a license for any company with less than fifty mining employees shall be $100 annually. Com panies with more than fifty mining employees shall be required to pay an annual license fee of $100 plus an additional $50 for each increment of fifty mining employees or fraction thereof. The maxi mum annual license fee shall not exceed $500.

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(b) to submit, with the application for a license, a Mined Land Use Plan which shall be consistent with the land use in the area of the mine and shall provide for reclamation of the affected land. Once approved, the operator will be responsible for completion of the plan. Once a Mined Land Use Plan has been approved for a specified area to be mined, it shall not have to be submitted annually with the application for a license renewal. However, any new area to be affected or any change in an approved plan must be submitted to the Board for approval as an amendment to an operator's Mined Land Use Plan.

(c) to file a bond with the Board written by surety approved by the Board and authorized to transact business in this State. The bond shall be fixed by the Board in an amount not less than $100 nor more than $500 per acre, or fraction thereof, of the area of affected land. The bond shall be payable to the Governor and con ditioned upon the faithful performance of the requirements set forth in this Act and the rules and regulations of the Board. Any operator who has fulfilled all of his obligations in accordance with his Mined Land Use Plan may be relieved of the bonding requirements imposed by this Act, after the expiration of three years, at the discretion of the Board. However, any operator who violates any of the provisions of this Act or the rules and regulations of the Board, or who defaults on his obligations under a present Mined Land Use Plan or any Mined Land Use Plan filed by him in the future, after being relieved of the bonding requirements imposed by this Act, may be required by the Board to post a new bond for such period of time as the Board may determine. Operators shall have the option of posting bond, government securities, cash or any combination thereof, on each mined area. In determining the amount of bond, government securities or cash within the above limits, the Board shall take into consideration the character and nature of the overburden, the future suitable use of the land involved and the cost of reclamation to be required. The bond, government securities or cash shall be held by the Board for a period of three years as provided hereinabove, at which time, the bond, government securities, or cash, or portion thereof, shall be terminated or returned to the operator upon approval by the Board. An operator, upon approval of an amended Mined Land Use Plan, shall file with the Board the appropriate bond, government securities or cash to cover the plan as amended.

Section 7. An operator shall have the right to substitute an area mined in the past for an area presently being mined on an acre-for-acre basis with the approval of the Board.

Section 8. An operator whose license has been revoked pursuant to the provisions of this Act shall be denied a new license or a renewal of the old license to engage in surface mining until he gives assurance satisfactory to the Board of his ability and intent to fully comply with the provisions of this Act with respect to the affected land under the revoked license and the new or renewed license.

Section 9. The Board shall promulgate such rules and regulations as may be necessary to effectuate the provisions of this Act in accordance

WEDNESDAY, JANUARY 31, 1968

715

with the provisions of the "Georgia Administrative Procedure Act" approved March 10, 1964 (Ga. Laws 1964, p. 338), as now or hereafter amended.

Section 10. Any person who is a party to a proceeding and who is aggrieved or adversely affected by any final order or action of the Board shall have the right to appeal to the Superior Court of Fulton County, Georgia. Such appeal shall be by petition which shall be filed in the office of the clerk of such court within thirty days after the final order or action of the Board. The enforcement of the order or action appealed from shall not be stayed unless so ordered and directed by the reviewing court. No bond or cash shall be forfeited during an appeal. Upon the filing of such petition, the petitioner shall serve a copy thereof on the chairman of the Board or the director of the Department of Mines, Mining and Geology in the manner prescribed by law for the service of process.

Section 11. Any person who engages in surface mining in violation of the provisions of this Act or who willfully misrepresents any fact in any matter required by this Act or willfully gives false information in any application or report required by this Act shall be guilty of a mis demeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000 for each offense. Each day of noncompliance after notification shall be considered a separate offense.

Section 12. The provisions of this Act shall become effective on January 1, 1969, except the provisions relating to the appointment of the Board and the promulgation of rules and regulations which shall become effective when this Act is approved by the Governor.

Section 13. All laws and parts of laws in conflict with this Act are hereby repealed.

By unanimous consent, the Clerk was directed to make the following typo graphical correction:

Insert the word "reasonable" in the caption and in Section 5 a before the word "rules".

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, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson

Ballard Barber Barfield

Battle Bennett Berry, C. E.

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Berry, J. K. Black Blalock Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Caldwell Carnes Gates Cato Cheeks Clarke Cole Collins, M. Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Da vis Dean DeLong Dent Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards Egan Fallin Farmer Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl

Graves Grier Gunter Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Holder Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Longino Lowrey Malone Mason Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon

Moate Moore, Don C. Moore, J. H. Nash Nessmith Newton Nimmer
Odom Otwell Pafford Palmer Parker, C. A. Peterson Poss Potts Rainey Reaves Richardson Rowland Rush Russell Scarlett Shanahan Sherman
Shields Shuman Simmons Sims Smith, G. W. Smith, W. L. Snow Stalnaker Starnes Steis Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Wamble Wells Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood

WEDNESDAY, JANUARY 31, 1968

717

Those not voting were Messrs.:

Busbee Chandler Collins, J. F. Colwell Dickinson Parrar Hadaway Hale Hill Laite Leonard
Lovell Magoon

Matthews, D. R. Moreland Mullinax Murphy Northcutt Oglesby Paris Parker, H. W. Parrish Phillips Pickard
Ragland Roach

Ross Savage Smith, J. R. Smith, V. T. Sullivan Tucker Walling Ward Ware Wiggins Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 168, nays 0.

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

Mr. Laite of the 109th stated that he had been called from the floor of the House when the roll was called on HB 969, by substitute, but had he been present would have voted "aye".

HB 853. By Messrs. Games of the 129th, Cooper of the 16th, Fallin of the 94th, Lane of the 126th and Dodson of the 107th:
A Bill to be entitled an Act to amend an Act establishing Juvenile Courts, so as to change provisions relating to jurisdiction and procedure and to clarify provisions relating to rights of juvenile offenders; to repeal con flicting laws; and for other purposes.

The following amendments were read and adopted:
The Committee on Judiciary moves to amend HB 853 as follows:
By striking from Section 21 the last paragraph in proposed Section 34A.
Mr. Murphy of the 26th moves to amend HB 853 by adding at the end of part 1 of Section 10 of Section 4 to immediately preceed SubSection (a) the following:
"provided that nothing in this Act shall eliminate the juvenile's right to be tried as an adult".
Mr. Dodson of the 107th moves to amend HB 853 by striking the word and number (18) eighteen wherever it appears and substituting the word and number (17) seventeen in said place, except for section numbers.

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JOURNAL OF THE HOUSE,

Mrs. Merritt of the 68th and Mr. Dodson of the 107th move to amend HB 853 by inserting in Section 2, item (9) on page 4 after the phrase "intoxicating liquors are sold" the additional item:

"or is found in possession of intoxicating liquor."
Mr. Townsend of the 140th moves to amend HB 853 as follows:
By striking from Subsection 4 of Section 9, located in Section 3 of said bill, the following:
"(4) Who is neglected or living under insufficient and improper guardianship, or who is in need of medical, psychiatric, psychological or other care necessary for his well-being, or who is abandoned by his parents or other custodian.",
and inserting in lieu thereof the following:
"(4) Who is neglected or living under insufficient or improper guardianship, or who is in need of medical, psychiatric, psychological or other care necessary for his well-being (which includes treatment by spiritual means alone through prayer in accordance with the tenets and practice of a recognized church or religious denomination by a duly accredited practitioner thereof), or who is abandoned by his parent or other custodian."
Mr. Fallin of the 94th moves to amend HB 853 as follows:
By adding in the Title after the prhase which reads as follows:
"to provide that in the event more than one juvenile court is appointed, one shall be designated presiding judge;"
the following:
"to change the number of grand juries which must act to termi nate a juvenile court;"
By adding a new section which shall be designated as Section 2A to read as follows:

"Section 2A. Said Act is further amended by striking in para graph 4 of Section 4 the words which read as follows: 'any grand jury of the county' and inserting in lieu thereof the following: 'two successive grand juries of the county', so that when so amended paragraph 4 of Section 4 shall read as follows: "Whenever any juvenile court shall have been established by appropriate action of two successive grand juries in any county having a population of less than fifty thousand pursuant to the provisions of the second paragraph of this section, the existence of such juvenile court shall

WEDNESDAY, JANUARY 31, 1968

719

be terminated if two successive grand juries of the county shall thereafter adopt a resolution providing for such termination and such resolution shall be concurred in by the judge of the superior court of the county. Thereafter, the judge of the superior court of the county shall sit as the juvenile court judge of such county pur suant to the provisions of the third paragraph of this section. Action taken under this paragraph of this section by the grand jury and the superior court judge shall not prevent the re-establishment there after of a juvenile court in said county by action taken by two suc cessive grand juries as provided for in the second paragraph of this section'."

By striking in Section 4 the paragraph which reads as follows:

"Paragraphs (a) and (b) of Subsection (1) shall become effec tive upon the recommendation of one grand jury in each county affected hereunder."

The following amendment was read:
Mr. Alexander of the 133rd moves to amend HB 853 by striking the word "receiving" from item 8 of page 4.

On the adoption of the amendment the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Alexander Anderson Ballard Barber Bennett Berry, C. E. Blalock Bond Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Cheeks Clarke Cole Crowe, William Daugherty Dent Dixon Doster Egan Farmer

Fleming Funk Gary Graves Grier Hale Hall Hamilton Hood Howell Joiner Knapp Lambros Land Lee, W. J. (Bill) Leonard Lowrey Malone Matthews, C. McClatchey Merritt Moore, J. H. Northcutt

Palmer Paris Peterson Poss Ross Rowland Shuman Snow Stalnaker Starnes Sweat Thompson, A. W. Threadgiill Townsend Turner Ward Wells Wiggins Williams Winkles Wood

720

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Adams Battle Berry, J. K. Black Brown, C. Buck Games Gates Cato Collins, J. F. Colwell Cook Cooper, B. Cooper, J. R. Cox Crowe, W. J. Dailey Dickinson Dillon Dodson Dollar Dorminy Edwards Fallin Gay Gaynor Gignilliat Grahl Harris, J. P.

Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Howard Hutchinson Johnson, A. S. Johnson, B. Jones, M. Jordan, G. Jordan, W. H. Kaylor Lambert Lane, Dick Lee, W. S. Le vitas Lewis Matthews, D. R. Mauldin McCracken McDaniell Miller Mixon Moate Moore, Don C. Mullinax Newton

Odom Otwell Pafford Parker, C. A. Parker, H. W. Parrish Pickard Ragland Rainey Richardson Roach Rush Russell Savage Shanahan Sherman Shields Simmons Sims Smith, G. W. Smith, W. L. Vaughan, D. N. Wamble Ware Whaley Wilson, J. M. Wilson, R. W.

Those not voting were Messrs.:

Barfield Bostick Bowen Busbee Caldwell Chandler Collins, M. Conner Davis Dean DeLong Douglas Farrar Floyd Gunter Hadaway Hargrett Harrington

Holder Jenkins Jones, C. M. Kirksey Laite Lane, W. J. Leggett Longino Lovell Magoon Mason Maxwell Melton Moreland Murphy Nash Nessmith Nimmer

Oglesby Phillips Potts Reaves Scarlett Smith, J. R. Smith, V. T. Steis Sullivan Thompson, R. Tucker Tye Underwood Vaughn, C. R. Walling Westlake Mr. Speaker

On the adoption of the amendment, the ayes were 67, nays 85.

The amendment was lost.

WEDNESDAY, JANUARY 31, 1968

721

An amendment, offered by Mr. Wiggins of the 32nd was read and lost.

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Battle Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Caldwell Carnes Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean

DeLong Dent Dickinson Dillon Dixon Dodson Dollar Doster Douglas Edwards Egan Fallin Fleming Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B.

Joiner, F. A. Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Knapp Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Mullinax Murphy Nash Nes smith Newton Nimmer Northcutt

722
Oglesby Otwell Pafford Palmer Paris Parker, H. W. Parrish Peterson Pickard Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush

JOURNAL OF THE HOUSE,

Russell Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, W. L. Snow Stalnaker Starnes Steis Sweat Thompson, A. W. Threadgill

Townsend Turner Tye Vaughan, D. N. Vaughn, C. R. Wamble Ward Ware
Wells Westlake Whaley Wiggins Wilson, J. M.
Wilson, R. W. Winkles Wood

Those voting in the negative were Messrs.:

Barfield Bennett

Dorminy Williams

Those not voting were Messrs.:

Busbee Farmer Farrar Floyd Hale Kirksey Laite Lambert

Longino Lovell Moreland Odom Parker, C. A. Phillips Poss Smith, J. R.

Smith, V. T. Sullivan Thompson, R. Tucker Underwood Walling Mr. Speaker

On the passage of the Bill, as amended, the ayes were 178, nays 4.

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

Mrs. Hamilton of the 137th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

THURSDAY, FEBRUARY 1, 1968

723

Representative Hall, Atlanta, Georgia Thursday, February 1, 1968

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

The following prayer was offered by Rev. William 0. Powell, Pastor, Forest Hills Methodist Church, Macon, Georgia:
O Lord, we believe. Help thou our unbelief. Give us a faith that is firm, strong, secure and steadfast that we may live out our lives gal lantly as sons and daughters of Thine. Amen.

By unanimous consent the call of the roll was dispensed with.

Mr. Black of the 56th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

724

JOURNAL OF THE HOUSE,

By unanimous consent, the following Bills and Eesolutions of the House were introduced, read the first time and referred to the committees:

HB 1199. By Mr. Parrish of the 96th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Lenox, so as to authorize the town council to lease certain described property; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1200. By Messrs. DeLong and Sherman of the 105th, Fleming, Maxwell of the 106th, Cheeks and Dent of the 104th:
A Bill to be entitled an Act to provide that it shall be unlawful for any person to deposit or dump trash, garbage, refuse and waste on any public or private property other than an approved sanitary landfill in certain counties; and for other purposes.
Referred to the Committee on Natural Resources.

HR 546-1200. By Mr. Lovell of the 6th:
A Resolution authorizing and directing the State Librarian to furnish certain law books for the Judge of the Court of Ordinary of Rabun County; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 547-1200. By Mr. Lovell of the 6th:
A Resolution authorizing and directing the State Librarian to furnish certain law books for the Judge of the Superior Court of Rabun County; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 548-1200. By Mr. Ross of the 31st:
A Resolution proposing an amendment to the Constitution to create the Lincoln ton and Lincoln County Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HR 549-1200. By Mr. Roach of the 15th: A Resolution to compensate Mr. Glawer Pitts; and for other purposes.
Referred to the Committee on Appropriations.

THURSDAY, FEBRUARY 1, 1968

725

HB 1201. By Mr. Rowland of the 48th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Wrightsville, so as to authorize the mayor and council of the City of Wrightsville to appoint a recorder for the mayor's court; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1202. By Mr. Rowland of the 48th:
A Bill to be entitled an Act to amend an Act so as to provide for a change in compensation of the deputy sheriff of Johnson County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1203. By Messrs. Brown of the 135th, Bond of the 136th, Alexander of the 133rd and Mrs. Hamilton of the 137th:
A Bill to be entitled an Act to provide for the minimum hourly wage to be paid to certain employees of this State; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 1204. By Messrs. Crowe of the 1st, McDaniell of the 101st, Cooper of the 103rd and others:
A Bill to be entitled an Act to amend an Act requiring the State Reve nue Commissioner to examine the tax digests of the several counties for the purpose of determining whether the valuation of the various classes of property for taxation is reasonably uniform as between the counties, so as to provide that the State Revenue Commissioner shall approve certain tax digests; and for other purposes.
Referred to the Committee on State of Republic.

HB 1205. By Messrs. Hood of the 124th and Grier of the 132nd:
A Bill to be entitled an Act to provide for certain safety requirements on motor vehicles used by railroad companies to transport workers to and from their places of employment; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 1206. By Mr. Caldwell of the 51st:
A Bill to be entitled an Act to create the State Communications and Data Processing Management Board; and for other purposes.
Referred to the Committee on State of Republic.

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JOURNAL OF THE HOUSE,

HR 550-1206. By Mr. Magoon of the 19th: A Resolution to compensate Mr. Burch Griffin; and for other purposes.
Referred to the Committee on Appropriations.

HB 1207. By Messrs. Laite of the 109th and Miller of the 108th:
A Bill to be entitled an Act to amend an Act establishing the Board of Public Education and Orphanage for Bibb County, so as to reduce the membership of the Board; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1208. By Messrs. Levitas and Harris of the 118th, Higginbotham, Jenkins, Davis, and Westlake of the 119th, Malone, Smith, Palmer and Vaughn of the 117th:
A Bill to be entitled an Act to amend an Act entitled "An Act to fix the salary of the judge of the juvenile court in certain counties", so as to change the salary of the judge of the juvenile court in certain coun ties; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1209. By Mr. Bostick of the 93rd:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues of Tift County, so as to establish the office of Vice Chairman of the board of county commissioners; and for other purposes.
Referred to the Committee on Local Affairs.

By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the Committee on Special Judiciary:

HB 1213. By Messrs. Rowland of the 48th, Douglas of the 60th, Roach of the 15th, Parrish of the 96th, Ward of the 2nd and many others:
A Bill to be entitled an Act to provide a salary payable from State funds for each solicitor general effective at the beginning of the next term of office of each solicitor general; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1165. By Mr. Lambros of the 130th:
A Bill to be entitled an Act to amend an Act approved March 10, 1966 (Ga. Laws 1966, p. 343), so as to provide that omissions amounting to

THURSDAY, FEBRUARY 1, 1968

727

negligence shall confer personal jurisdiction over any nonresident doing business or committing an omission in this State; and for other pur poses.

HB 1166. By Mr. Ward of the 2nd:
A Bill to be entitled an Act to provide that no person, firm or corpora tion who does not maintain a regularly established place of business within this State shall engage in any activities relating to plumbing, heating, air conditioning, or electrical repairs, installation or replace ments unless he shall post with the ordinary of each county in which such activities are performed a performance bond; and for other pur poses.

HB 1167. By Mr. Ward of the 2nd:
A Bill to be entitled an Act to amend Code Title 88 known as the "Georgia Health Code", so as to provide for the control and regulation of the drilling of water wells; and for other purposes.

HB 1168. By Messrs. Fallin and Matthews of the 94th:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Moultrie, so as to change the time for giving notice to the clerk prior to certain elections; and for other pur poses.

HB 1169. By Messrs. Ware of the 42nd, Gignilliat of the 113th, Gay of the 60th and Crowe of the 1st, and Dean of the 20th:
A Bill to be entitled an Act to amend an Act providing for additional points for certain applicants taking examinations given by any examin ing board or commission whose records are maintained by the Joint Secretary, State Examining Boards, so as to provide for an additional class of applicants; and for other purposes.

HB 1170. By Messrs. Ware of the 42nd, Dean of the 20th, Gignilliat of the 113th, Gay of the 60th and Crowe of the 1st:
A Bill to be entitled an Act to amend an Act creating a State Depart ment of Veterans Service and providing for a Board of Veterans Service and a Director, so as to provide that the Director shall maintain full, adequate and complete copies of all records on veterans' benefits through the Department; and for other purposes.

HB 1171. By Messrs. Ware of the 42nd, Gignilliat of the 113th, Gay of the 60th and Crowe of the 1st, and Dean of the 20th:
A Bill to be entitled an Act to amend an Act providing for the issuance of automobile license tags to disabled veterans, so as to provide for

728

JOURNAL OF THE HOUSE,

the issuance of license tags to certain other veterans; and for other purposes.

HB 1172. By Mrs. Merritt of the 68th:
A Bill to be entitled an Act to require municipal election officials to post a public notice in the form of a large poster or sign in a promi nent place outside all polling places used for municipal elections; and for other purposes.

HB 1173. By Mr. Malone of the 117th:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend 'An Act to incorporate Doraville, in the County of DeKalb and to appoint commissioners for the same and for other purposes therein mentioned,' so as to redefine the corporate limits; to provide that the Chairman of the City Commission shall also be known as the Mayor of the City; and for other purposes.

HB 1174. By Mr. Malone of the 117th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Chamblee, so as to increase the maximum millage which might be levied by said city; to raise the maximum limit prescribed for the sanitary tax; and for other purposes.

HB 1175. By Mr. Jones of the 76th:
A Bill to be entitled an Act to amend an Act relating to the compen sation of the Ordinary of Mclntosh County, so as to change the compen sation of said Ordinary; and for other purposes.

HB 1176. By Messrs. Hale of the 1st and Jones of the 76th:
A Bill to be entitled an Act to amend the Act of the General Assembly known as the "Georgia Health Code", by deleting from Section 88-1809 of the Chapter referred to therein as "Hospital Authorities Law" the provision limiting the interest rates of revenue certificates of hospital authorities to 6 per centum per annum; and for other purposes.

HB 1177. By Messrs. Hale of the 1st and Jones of the 76th:
A Bill to be entitled an Act to amend the Act of the General Assembly known as the "Georgia Health Code", by deleting Section 88-1812 of the Chapter referred to therein as "Hospital Authorities Law" and inserting in lieu thereof a new Section 88-1812, so as to provide for the use of general funds or tax revenues derived from the levy of an ad valorem tax not exceeding 7 mills by cities; and for other purposes.

THURSDAY, FEBRUARY 1, 1968

729

HB 1178. By Messrs. McCracken of the 49th, Wiggins of the 32nd, Threadgill of the 32nd and Lambert of the 38th:
A Bill to be entitled an Act to amend Code Chapter 34-10, so as to provide that each political party desiring to nominate candidates by convention shall adopt rules and regulations governing the conduct of such conventions; and for other purposes.

HB 1179. By Messrs. Threadgill and Wiggins of the 32nd:
A Bill to be entitled an Act to amend an Act known as the "Motor Fuel Tax Law", so as to provide for refund of motor vehicle fuel tax to counties and incorporated municipalities and school districts of the State of Georgia; and for other purposes.

HR 534-1179. By Mr. Colwell of the 5th:
A Resolution to compensate Mr. Carroll J. Mincey; and for other pur poses.

HR 535-1179. By Mr. Kirksey of the 87th:
A Resolution proposing an amendment to the Constitution so as to create the Colquitt and Miller County Development Authority; and for other purposes.

HR 536-1179. By Messrs. Ward of the 2nd, McDaniell of the 101st, Crowe of the 1st and Gay of the 60th:
A Resolution proposing an amendment to the Constitution, so as to provide that in all cases where the State Highway Department, any county or municipal corporation shall exercise its power of eminent domain for road purposes, no award shall exceed by more than 10% the 100% fair market value of the property as valued in the records of the office of county board of tax assessors; and for other purposes.

HR 537-1179. By Mr. Ward of the 2nd:
A Resolution proposing an amendment to the Constitution, so as to provide an exemption of $4,000.00 from all State and County ad valorem taxes of the homestead of persons 65 years of age or older; and for other purposes.

HR 538-1179. By Mr. Lovell of the 6th:
A Resolution authorizing and directing the State Librarian to furnish certain law books for the Judge of the Court of Ordinary of Towns County; and for other purposes.

730

JOURNAL OF THE HOUSE,

HR 539-1179. By Mr. Lovell of the 6th:
A Resolution authorizing and directing the State Librarian to furnish certain law books for the Judge of the Superior Court of Towns County; and for other purposes.

HB 1180. By Messrs. Richardson and Funk of the 116th, Berry and Gignilliat of the 113th, Gaynor and Smith of the 114th, Tye and Whaley of the 115th, and others:
A Bill to be entitled an Act to amend an Act entitled "Minimum Foundation Program of Education Act", so as to provide that in certain counties a board of three examiners may certify and classify teachers and other certificated professional personnel employed within their school system; and for other purposes.

HB 1181. By Messrs. Lee, Gary and Northcutt of the 35th:
A Bill to be entitled an Act to amend an Act adding one additional judge to the superior court of the Clayton Judicial Circuit, so as to clarify the provisions relating to terms of office; and for other pur poses.

HB 1182. By Messrs. Gary, Lee and Northcutt of the 35th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Clayton County, so as to change the compensation of the chairman of the board; and for other purposes.

HB 1183. By Mr. Rush of the 75th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for the County of Long, so as to pro vide that the Board of Commissioners of Roads and Revenues of Long County shall be authorized to elect a county attorney; and for other purposes.

HR 542-1183. By Messrs. Harrington and Chandler of the 47th:
A Resolution compensating Miss Margaret Echols; and for other pur poses.

HR 543-1183. By Mr. Holder of the 70th:
A Resolution proposing an amendment to the Constitution so as to create the Dodge County-Eastman Development Authority; and for other purposes.

THURSDAY, FEBRUARY 1, 1968

731

HB 1184. By Mr. Shuman of the 65th:
A Bill to be entitled an Act to amend an Act creating the City Court of Springfield in and for the County of Effingham, so as to change the salary of the judge of said court; and for other purposes.

HB 1185. By Messrs. Miller of the 108th, Wilson, Ragland, Laite and Knapp of the 109th:
A Bill to be entitled an Act to amend an Act relating to the authority of municipalities and counties to levy and collect license, occupational or professional taxes upon practitioners of certain professions, so as to remove therefrom the limitations imposed upon such levy; and for other purposes.

HB 1186. By Messrs. Newton and Lewis of the 50th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Millen, so as to change the compensation of the judge and the solicitor of said court; and for other purposes.

HB 1187. By Messrs. Newton and Lewis of the 50th:
A Bill to be entitled an Act to provide for compensation for the Clerk of the Superior Court of Jenkins County; and for other purposes.

HB 1188. By Messrs. Newton and Lewis of the 50th:
A Bill to be entitled an Act to amend an Act providing for supplemental compensation to the Ordinary of Jenkins County, so as to change such supplement; and for other purposes.

HB 1189. By Mr. Funk of the 116th:
A Bill to be entitled an Act to amend Code Section 34-1208, so as to require that the designating letter or number of the counter on voting machines shall be printed on the opposite side of the ballot label upon which the names of candidates, groups of candidates, political parties or bodies, or questions are printed; and for other purposes.
HB 1190. By Messrs. Jones of the 76th, Rush of the 75th and Shuman of the 65th:
A Bill to be entitled an Act to authorize, but not require, the counties composing the Atlantic Judicial Circuit to supplement the salary of a secretary employed by the judge of superior courts of said Circuit; and for other purposes.
HB 1191. By Mr. Black of the 56th:
A Bill to be entitled an Act to provide for staggered terms for the members of the board of education of Chattahoochee County; and for other purposes.

732

JOURNAL OP THE HOUSE,

HR 544-1191. By Messrs. Pickard, Jones and Buck of the 112th, Berry and Thompson of the 110th, Shields and Thompson of the lllth:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local Act for the creation of a charter commission to study all matters relating to the consolida tion of the government of the City of Columbus and the County of Muscogee; and for other purposes.

HB 1192. By Messrs. Brown and Melton of the 34th:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Spalding County and creating the office of County Tax Commissioner of Spalding County, so as to change and redefine the number of days and hours per week said Tax Commissioner shall keep his office open for business; and for other purposes.

HB 1193. By Messrs. Adams of the 125th, Vaughan of the 14th, Harris of the 14th, Colwell of the 5th, Dillon of the 128th and Carnes of the 129th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Motorboat Numbering Act", so as to change the short title of said Act; to extend the provisions of said Act to cover certain additional watercraft; and for other purposes.

HB 1194. By Mr. Steis of the 100th:
A Bill to be entitled an Act to amend an Act incorporating the City of Woodland, so as to change the election date; and for other purposes.

HB 1195. By Mr. Bray of the 43rd:
A Bill to be entitled an Act to amend Code Section 109A-2-328, so as to provide that in sales by auction the auctioneer shall be considered agent of both parties so far as to dispense with any further memo randum in writing other than his own entries; and for other purposes.

HB 1196. By Messrs. Leggett of the 21st and Moore of the 20th:
A Bill to be entitled an Act to provide that any general contractor who shall submit a bid to construct any building, road or highway, or other, which is to be financed in whole or in part by State, county, or municipal funds, shall submit a list of all subcontractors and subsubcontractors; and for other purposes.

HR 545-1196. By Mr. Steis of the 100th:
A Resolution proposing an amendment to the Constitution so as to create the City of Woodland Development Authority; and for other purposes.

THURSDAY, FEBRUARY 1, 1968

733

HB 1197. By Mr. Howard of the 101st:
A Bill to be entitled an Act to amend an Act providing for a tax on certain deed, instruments, or other writings transferring real estate, so as to exempt any instrument or writing from said tax which is executed by any agency of the State of Georgia or by any political subdivision thereof, or by any public corporation or authority; and for other purposes.

HB 1198. By Messrs. Barber of the 24th, Smith of the 54th, Paris of the 23rd, Lee of the 35th, McCracken of the 49th and others:
A Bill to be entitled an Act to amend an Act providing for equal pay for both males and females for comparable work on jobs which have comparable requirements relating to skill, effort and responsibility, so as to define "Commissioner"; and for other purposes.

SB 214. By Senator Lee of the 47th: A Bill to be entitled an Act to provide a different statute of limita tions on any action, whether in contract (oral or written, sealed or unsealed), in tort or otherwise; and for other purposes.
SB 240. By Senator Minish of the 48th: A Bill to be entitled an Act to amend Code Section 26-6907 relating to the discharging of guns or pistols on Sunday, so as to provide that guns and pistols may be discharged on Sunday under certain cir cumstances; and for other purposes.
SB 247. By Senators Hall of the 52nd and Plunkett of the 30th: A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relating to the allotment of teachers; and for other purposes.
SB 286. By Senator Fincher of the 51st: A Bill to be entitled an Act to amend Code Section 88-1724 relating to copies of data from Vital Records, in order to provide a method whereby the Department of Public Health may issue full certified copies of birth certificates to governmental agencies when requested and needed for official purposes; and for other purposes.
SB 287. By Senator Fincher of the 51st: A Bill to be entitled an Act to amend Code Section 88-1721 relating to the correction and amendment of Vital Records in order to provide a method whereby the Department of Public Health may issue a new certificate of birth in certain cases; and for other purposes.

734

JOURNAL OF THE HOUSE,

Mr. Murphy of the 26th, Chairman of the Committee on Banks and Banking, submitted the following report:

Mr. Speaker:

Your Committee on Banks and Banking has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 1036. Do Pass.
Respectfully submitted,
Murphy of the 26th,
Chairman.

Mr. Vaughn of the 117th, Chairman of the Committee on Highways, sub mitted the following report:

Mr. Speaker:

Your Committee on Highways has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 974. Do Pass. HB 975. Do Pass by Substitute. HB 976. Do Pass. HB 977. Do Pass by Substitute. HB 978. Do Pass. HB 979. Do Pass by Substitute. HB 987. Do Pass as Amended. HB 980. Do Pass. HB 981. Do Pass. HB 1061. Do Pass as Amended. HB 993. Do Pass by Substitute. HB 991. Do Pass.
Respectfully submitted, Vaughn of the 117th, Chairman.

THURSDAY, FEBRUARY 1, 1968

735

Mr. Clarke of the 45th, Chairman of the Committee on Local Affairs, sub mitted the following report:

Mr. Speaker:

Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 1151. Do Pass. HB 1168. Do Pass. HB 1175. Do Pass.

HB 1182. Do Pass.

HB 1183. Do Pass.

HB 1184. Do Pass.

HB 1186. Do Pass.

HB 1187. Do Pass.

HB 1188. Do Pass.

HB 1191. Do Pass.

HB 1192. Do Pass.

HB 1194. Do Pass.

HR 535-1179. Do Pass.

HR 543-1183. Do Pass.

HR 544-1191. Do Pass.

HR 545-1196. Do Pass.

Respectfully submitted, Clarke of the 45th, Chairman.

Mr. Steis of the 100th, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the fol lowing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

736

JOURNAL OP THE HOUSE,

HB 856. Do Not Pass. HB 682. Do Pass.

Respectfully submitted, Steis of the 100th, Chairman.

Mr. McCracken of the 49th, Chairman of the Committee on State of Republic, submitted the following report:

Mr. Speaker:

Your Committee on State of Republic has had under consideration the fol lowing Bills and Resolution of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recom mendations :

HR 322-838. Do Not Pass.

HB 869. Do Pass.

HB 1087. Do Pass.

HB 1178. Do Pass.

HB 1189. Do Pass.

SB 189. Do Pass as Amended.

HB 862. Do Pass.

Respectfully submitted, McCracken of the 49th, Chairman.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following Bills of the House, to-wit:

HB 845. By Mr. Shanahan of the 8th:
A Bill to create a board of commissioners of roads and revenues for Gordon County; and for other purposes.

THURSDAY, FEBRUARY 1, 1968

737

HB 859. By Mr. Shuman of the 65th:
A Bill to amend an Act abolishing the offices of Tax Receiver and Tax Collector of Bryan County, and creating the office of Tax Com missioner, so as to change the compensation of the Tax Commissioner; and for other purposes.

HB 900. By Messrs. Parker of the 55th, Barber of the 24th, Farrar of the 118th, and others:
A Bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that a certain percentage of all lapsed funds appropriated to the Department of Education for the purposes of financing the minimum foundation program for the imme diately preceding fiscal year shall be taken into account in determining the portion of the estimated cost of the State-wide minimum founda tion program to be paid by local funds; and for other purposes.

HB 901. By Mr. Pickard of the 112th:
A Bill to prohibit solicitation of money by means of a false invoice; and for other purposes.

HB 918. By Mr. Rush of the 75th:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Tattnall County, so as to change the number of commissioners; and for other purposes.

HB 919. By Mr. Rush of the 75th:
A Bill to provide for the election of members of the Board of Education of Tattnall County; and for other purposes.

HB 964. By Messrs. Hale and Crowe of the 1st, and Snow of the 1st:
A Bill to amend an Act providing a new charter for the City of Trenton, so as to change the provision of said charter relating to the power of eminent domain; and for other purposes.

HB 965. By Mr. Howell of the 86th:
A Bill to amend an Act incorporating the City of Blakely, so as to pro vide for the municipal election date; to provide for special elections to fill vacancies occurring on the city council and the office of the mayor; and for other purposes.

HB 968. By Mr. Moreland of the 28th:
A Bill to change the method of choosing members of the Board of Edu cation of Walton County; and for other purposes.

738

JOURNAL OF THE HOUSE,

HB 1011. By Messrs. Matthews of the 94th and Fallin of the 94th:
A Bill to amend an Act creating a new charter for the City of Doerun, so as to establish a Recorder's Court and to provide for a Recorder to pre side therein; and for other purposes.

HB 1014. By Messrs. Fleming and Maxwell of the 106th, Sherman and DeLong of the 105th, and others:
A Bill to amend the charter of the City of Augusta, so as to provide that the rules of the police department shall designate the title of chief of dectectives as captain of detectives and that said rule shall establish the grades of corporal and of detective; and for other purposes.

HB 1018. By Messrs. Fleming and Maxwell of the 106th, Sherman and DeLong of the 105th, and others:
A Bill to declare abandoned Alien Park in the City of Augusta; to authorize the sale thereof by the City Council; and for other purposes.

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

HR 43-131. By Mr. Howard of the 101st:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Clerk of the Superior Court of Cobb County; and for other purposes.

HR 431-952. By Mr. Kaylor of the 4th:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the clerk of the superior court of Fannin County; and for other purposes.

HR 438-952. By Mr. Murphy of the 26th:
A Resolution relative to vendor payments made toward the cost of nurs ing home care for the blind, disabled and old-age benefit recipients; and for other purposes.

The Senate has adopted the following Resolution of the House:

HR 541. By Messrs. Dodson of the 107th, Miller of the 108th, Rnapp, Ragland and Wilson of the 109th:
A Resolution expressing regrets at the passing of William E. Laite, III; and for other purposes.

THURSDAY, FEBRUARY 1, 1968

739

The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:

SB 57. By Senators Johnson of the 38th, Ward of the 39th, and Stephens of the 36th:
A Bill to amend Code Section 61-302, so as to provide that in certain counties property moved away from the premises pursuant to the exe cution of a dispossessory warrant or process shall be placed in storage; to provide for recovery of said property by the defendant; and for other purposes.

SB 232. By Senators Dean of the 6th, Spinks of the 9th, Rowan of the 8th, and others:
A Bill to amend an Act relating to the sale of flue-cured leaf tobacco in this State, so as to restate the intention of said Act; to change the method of licensing of operators of flue-cured leaf tobacco warehouses and renewals thereof; to strike certain provisions relating to the means of identifying and typing flue-cured leaf tobacco; and for other purposes.

SB 263. By Senator Smith of the 18th:
A Bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to provide for notice to certain employees prior to retirement; and for other purposes.

SB 265. By Senators Webb of the llth, and Smith of the 18th:
A Bill to amend an Act creating the office of Solicitor General, Emeri tus, etc., so as to change the provisions relative to credit for service in the armed forces; and for other purposes.

SB 266. By Senators Webb of the llth, and Smith of the 18th:
A Bill to amend an Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, so as to change the provisions relative to credit for service in the armed forces for future members; and for other purposes.

SB 268. By Senators Webb of the llth and Smith of the 18th:
A Bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia, approved April 16, 1963, so as to change the provisions relative to credit for service in the armed forces for future members; and for other purposes.

SB 271. By Senators Webb of the llth and Smith of the 18th:
A Bill to amend an Act providing retirement benefits for the Clerks of the Superior Courts of Georgia, as amended, so as to change the provi-

740

JOURNAL OP THE HOUSE,

sions relative to credit for service in the armed forces for future mem bers; and for other purposes.

SB 276. By Senator Webb of the llth:
A Bill to amend an Act creating the office of Judge of the Superior Court, Emeritus, so as to change the provisions relative to credit for service in the armed forces; and for other purposes.

SB 278. By Senator Webb of the llth:
A Bill to amend an Act establishing the State Employees' Retirement System, so as to change the provisions relative to credit for service in the armed forces for future members; and for other purposes.

The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate, to-wit:

SR 77. By Senator Rowan of the 8th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a program to grant scholarships or other assistance to the children of law enforcement officers, firemen and prison guards, who are permanently disabled or killed in the line of duty; to provide for ratification or rejection; and for other purposes.

SR 154. By Senators Dean of the 6th, Spinks of the 9th, Rowan of the 8th, and others:
A Resolution requesting the Secretary of the United States Department of Agriculture to lower the national average yield goal and to raise the national average acreage allotment on tobacco.

SR 155. By Senators Dean of the 6th, Spinks of the 9th, Rowan of the 8th, and others:
A Resolution requesting the Secretary of the United States Department of Agriculture to require that the grade placed on tobacco be concealed from the buyers; and for other purposes.

SR 156. By Senators Dean of the 6th, Spinks of the 9th, Rowan of the 8th, and others:
A Resolution requesting the Secretary of the United States Department of Agriculture to publicize the procedure to follow to become a tobacco grader; and for other purposes.

THURSDAY, FEBRUARY 1, 1968

741

SR 164. By Senator London of the 50th:
A Resolution authorizing and directing the State Library to furnish cer tain volumes of the Georgia Reports and the Georgia Court of Appeals Reports and volumes of the Georgia Laws to the Office of the Ordinary of White County; and for other purposes.

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:

SB 57. By Senators Johnson of the 38th, Ward of the 39th, Wesberry of the 37th and Stephens of the 36th:
A Bill to be entitled an Act to amend Code Section 61-302, so as to pro vide that in certain counties property moved away from the premises pursuant to the execution of a dispossessory warrant or process shall be placed in storage; to provide for recovery of said property by the de fendant; and for other purposes.
Referred to the Committee on Local Affairs.
SB 232. By Senators Dean of the 6th, Spinks of the 9th, Rowan of the 8th and others:
A Bill to be entitled an Act to amend an Act relating to the sale of fluecured leaf tobacco in this State, so as to restate the intention of said Act; to change the method of licensing of operators of flue-cured leaf tobacco warehouses and renewals thereof; and for other purposes.
Referred to the Committee on Agriculture.

SB 263. By Senator Smith of the 18th:
A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System of Georgia, so as to provide for notice to certain employees prior to retirement; and for other purposes.
Referred to the Committee on State of Republic.

SB 265. By Senators Webb of the llth and Smith of the 18th:
A Bill to be entitled an Act to amend an Act creating the office of Solici tor General, Emeritus, etc., so as to change the provisions relative to credit for service in the armed forces; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 266. By Senators Webb of the llth and Smith of the 18th.
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to credit for service in the armed forces for future members; and for other purposes.
Referred to the Committee on Education.

742

JOURNAL OF THE HOUSE,

SB 268. By Senators Webb of the llth and Smith of the 18th.
A Bill to be entitled an Act to amend an Act creating the Sheriffs' Retirement Fund of Georgia, so as to change the provisions relative to credit for service in the armed forces for future members; and for other purposes.
Referred to the Committee on State of Republic.

SB 271. By Senators Webb of the llth and Smith of the 18th.
A Bill to be entitled an Act to amend an Act providing retirement bene fits for the Clerks of the Superior Courts of Georgia, so as to change the provisions relative to credit for service in the armed forces for future members; and for other purposes.
Referred to the Committee on State of Republic.

SB 276. By Senator Webb of the llth. A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Courts, Emeritus, so as to change the provisions relative to credit for service in the armed forces; and for other purposes.
Referred to the Committee on Special Judiciary.
SB 278. By Senator Webb of the llth. A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to change the provisions relative to credit for service in the armed forces for future members; and for other purposes.
Referred to the Committee on State of Republic.
SR 77. By Senator Rowan of the 8th. A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a program to grant scholarships or other assistance to the children of law enforcement officers, firemen and prison guards, who are permanently disabled or killed in the line of duty; and for other purposes.
Referred to the Committee on State of Republic.
SR 154. By Senators Dean of the 6th, Spinks of the 9th, Rowan of the 8th, and others. A Resolution requesting the Secretary of the United States Department of Agriculture to lower the national average yield goal and raise the national average acreage allotment on tobacco; and for other purposes.
Referred to the Committee on Agriculture.

THURSDAY, FEBRUARY 1, 1968

743

SR 155. By Senators Dean of the 6th, Spinks of the 9th, Rowan of the 8th, and Eldridge of the 7th.
A Resolution requesting the Secretary of the United States Department of Agriculture to require that the grade placed on tobacco be concealed from the buyers; and for other purposes.
Referred to the Committee on Agriculture.

SR 156. By Senators Dean of the 6th, Spinks of the 9th, Rowan of the 8th, and Eldridge of the 7th.
A Resolution requesting the Secretary of the United States Department of Agriculture to publicize the procedure to follow to become a tobacco grader; and for other purposes.
Referred to the Committee on Agriculture.

SR 164. By Senator London of the 50th.
A Resolution authorizing and directing the State Library to furnish certain volumes of the Georgia Reports and the Georgia Law Court of Appeals Reports and volumes of the Georgia Laws to the Office of the Ordinary of White County; and for other purposes.
Referred to the Committee on Special Judiciary.

By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 1123. By Mr. Land of the 53rd:
A Bill to be entitled an Act to amend an Act creating and establishing a charter for the Town of Ivey, so as to extend the corporate limits; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 111, nays 0.

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

HB 1124. By Mr. Land of the 53rd:
A Bill to be entitled an Act to amend an Act establishing a new charter for the town of Allentown, so as to change the corporate limits of said town; and for other purposes.

744

JOURNAL OP THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 111, nays 0.

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

HB 1126. By Mrs. Merritt of the 68th and Mr. Parker of the 68th:
A Bill to be entitled an Act to provide for the election of the Sumter County Board of Education; to provide for education districts; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1127. By Mrs. Merritt of the 68th and Mr. Parker of the 68th: A Bill to be entitled an Act to amend an Act entitled "An Act to change from the fee system to the salary system in the County of Sumter, the clerk of the superior and the clerk of the city courts thereof", so as to change certain provisions relating to the salary of the Clerk of the Superior Court of Sumter County and his clerks or deputies; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1128. By Mr. Kaylor of the 4th: A Bill to be entitled an Act to amend an Act abolishing the method of compensating the sheriff of Pannin County, so as to provide that the deputy appointed by the sheriff shall be furnished an automobile allow ance; and for other purposes.

THURSDAY, FEBRUARY 1, 1968

745

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 111, nays 0.

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

HB 1129. By Mr. Kaylor of the 4th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Pannin County, so as to change the compensation of said commissioners; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 111, nays 0.

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

HB 1130. By Messrs. Bennett, Sullivan and Barfield of the 95th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Dasher, so as to redefine the corporate limits; to remove certain pro visions relating to mayor; to remove certain provisions relating to the clerk and interium clerk; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 111, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 1131. By Messrs. Bennett, Sullivan and Barfield of the 95th: A Bill to be entitled an Act to amend an Act entitled "An Act to place the Sheriff of Lowndes County upon an annual salary", so as to provide that the sheriff of Lowndes County shall have the authority to fix the compensation of the chief deputy; and for other purposes.

746

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 111, nays 0.

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

HB 1133. By Mr. Otwell of the 10th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues for Forsyth County, so as to change the compensation of the chairman of the board; and for other purposes.

The report cf the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 111, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 1134. By Mr. Otwell of the 10th: A Bill to be entitled an Act to amend an Act creating the office of Com missioners of roads and revenues of the County of Dawson, so as to change the compensation of the commissioner of roads and revenues of said county; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1137. By Mr. Clarke of the 45th: A Bill to be entitled an Act to amend an Act changing the compensation of the tax collector of Butts County from the fee system to a system whereby such tax collector shall be entitled to certain compensations and a salary, so as to change the method of compensating the tax collector of Butts County; and for other purposes.

THURSDAY, FEBRUARY 1, 1968

747

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 111, nays 0.

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

HB 1138. By Mr. McCracken of the 49th:
A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Jefferson County into the officer of the tax commissioner of Jefferson County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 111, nays 0.

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

HB 1139. By Messrs. Adams of the 125th, Bond of the 136th, Gates of the 123rd and others.
A Bill to be entitled "An Act to amend an Act entitled 'An Act to require the Tax Receiver of Tax Commissioner of Pulton County to receive tax returns for the City of Atlanta . . .', so as to authorize the Tax Commis sioner to receive tax returns and collect taxes due the City of Atlanta located in Fulton County and DeKalb County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1140. By Messrs. Adams of the 125th, Bond of the 136th, Cates of the 123rd, and others: A Bill to be entitled "An Act to amend Code Section 39-122 of the Code of 1933 of Georgia--Officer not to sell land out of his county; notice of

748

JOURNAL OF THE HOUSE,

levy on land", by adding thereto a new sentence to provide that in coun ties having a population of 500,000 or more, the Tax Collector of Tax Commissioner ex officio sheriff who is otherwise authorized to collect taxes in a municipality lying partly in such county and partly in another county, may levy upon land in another county and may sell same for the purpose of collecting taxes for the municipality lying partly within the limits of the county in which said land lies; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 111, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1141. By Messrs. Adams of the 125th, Bond of the 136th, Gates of the 123rd and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to con solidate the offices of Tax Receiver and Tax Collector of Fulton County into the office of Tax Commissioner of Fulton County', so as to author ize the Tax Commissioner of Fulton County to collect taxes due Atlanta in DeKalb County be levy and sale under tax executions; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 111, nays 0.

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

HB 1142. By Messrs. Adams of the 125th, Bond of the 136th, Gates of the 123rd and others:
A Bill to be entitled an Act to amend an Act entitled "Zoning in Certain Counties" for the creating and establishment for counties having a population of 300,000, so as to provide that the hearing before the county authorities with respect to the modification or amendment of any portion of the comprehensive plan or zoning resolution shall be after a written report has been filed by the Planning Commission of the County, which report of such planning commission shall be within 30 days after the public hearing held by such commission; and for other purposes.

THURSDAY, FEBRUARY 1, 1968

749

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 111, nays 0.

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

HB 1143. By Messrs. Adams of the 125th, Bond of the 136th, Gates of the 123rd and others:
A Bill to be entitled an Act to provide definite and uniform compensation to be paid to court reporters for the preparation of criminal and civil transcripts in counties of the State having a population of 500,000 or more; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1145. By Messrs. Oglesby and Russell of the 92nd: A Bill to be entitled an Act to amend an Act establishing a system of public schools in the City of Thomasville, so as to provide that henceforth citizens elected to the Board of Education for the City of Thomasville shall be chosen to fill seven distinct and designated posts; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1146. By Mr. Dickinson of the 27th: A Bill to be entitled an Act to authorize all counties having a popula tion of not less than 16,700 nor more than 16,800, to establish and main-

750

JOURNAL OF THE HOUSE,

tain a law library for the use of the judges, solicitors, and other officers of the courts of said counties; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 111, nays 0.

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

HB 1147. By Mr. Dickinson of the 27th:
A Bill to be entitled an Act to amend an Act providing for the abolishing of the present mode of compensating the clerk of the superior court, the sheriff, the ordinary, and the tax commissioner of Douglas County, so as to change the method of compensating certain employees of Douglas County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 1148. By Mr. Dickinson of the 27th: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues of Douglas County, so as to change the commissioner Districts; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 111, nays 0.

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

HB 1149. By Mr. Dickinson of the 27th:
A bill to be entitled an Act to provide that the membership of the Board of Education of Douglas County shall consist of five members; to pro vide for education districts; and for other purposes.

THURSDAY, FEBRUARY 1, 1968

751

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 111, nays 0.

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

HB 1150. By Mr. Dickinson of the 27th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Douglasville, so as to change the provisions relating to the compensation of the councilmen; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 111, nays 0.

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

HB 1151. By Mr. Smith of the 44th:
A Bill to be entitled an Act to change the terms of the superior court of Pike County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 111, nays 0.

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

HB 1154. By Messrs. Wiggins and Threadgill of the 32nd:
A Bill to be entitled an Act to amend an Act known as the "Carroll County Water Authority Act", so as to authorize such authority to acquire, construct, operate and maintain sewer systems, both sanitary and storm, sewage disposal and sewage treatment plants and any and all other related facilities; and for other purposes.

752

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 111, nays 0.

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

HB 1157. By Messrs. Richardson, Funk and Battle of the 116th, Smith and Gaynor of the 114th, Tye, and Whaley of the 115th, Gignilliat and Berry of the 113th.
A Bill to be entitled an Act to amend an Act creating the Municipal Court of Savannah, so as to increase the justice of peace jurisdiction in said court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 111, nays 0.

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

HB 1158. By Messrs. Adams of the 125th, Daugherty of the 134th, Bond of the 136th, McClatchey of the 138th and others:
A Bill to be entitled an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the Solicitor-General of said Circuit, so as to provide that the compensation of the first assistant Solicitor-General and Trial Assistant SolicitorsGeneral shall be fixed by the Solicitor-General within specified limits; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1164. By Messrs. Snow, Hale and Crowe of the 1st and Ward of the 2nd: A Bill to be entitled an Act to amend an Act creating the Lookout Judicial Circuit, so as to increase the compensation of the solicitor gen eral; to increase the compensation which may be paid to the clerk typist of the solicitor general; and for other purposes.

THURSDAY, FEBRUARY 1, 1968

753

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 111, nays 0.

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

HR 529-1156. By Messrs. Farmer and Matthews of the 29th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide the procedure where taxes other than ad valorem property taxes may be levied by Clarke County and the City of Athens, and to provide for a subsequent reduction of ad valorem taxes on real and personal property based upon the amount of funds received from such additional tax levies; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph III of the Constitution of Georgia is hereby amended by adding at the end thereof the following:
"The governing authorities of Clarke County and the City of Athens, subject to the procedure prescribed hereinafter, are hereby authorized to levy, within their respective jurisdictions, any tax in Clarke County and the City of Athens which is not expressly pro hibited by the Constitution or general laws of Georgia. The proced ure provided herein shall not apply to any tax which the governing authorities of Clarke County and the City of Athens were author ized to levy at the time this amendment was submitted for ratifica tion or rejection, nor to any tax which said governing authorities may hereafter be authorized to levy by general law enacted subse quent to such time.
"Before any such tax shall be levied, approval therefor must be granted by the voters of Clark County, or the voters of the City of Athens, as the case may be, in a referendum election as provided for hereinafter. The governing authority of Clarke County or the City of Athens, as the case may be, must pass a resolution or ordinance providing that a particular tax shall be levied. The type of tax, a brief explanation of such tax, and the method under which it is proproposed to be levied must be contained in the resolution or ordi nance. Upon the presentation of such resolution or ordinance to the Ordinary of Clarke County, or to the person responsible for calling elections for the City of Athens, as the case may be, it shall be his duty to issue within thirty days the call for a referendum election to determine whether such resolution shall be approved. The ordinary, or city election official, shall set the date of such an election for a day not less than sixty and not more than ninety days after the

754

JOURNAL OF THE HOUSE,

date of the issuance of the call, or if the governing authority of the county or the city, as the case may be, so directs, he shall set the date of such election for the same date on which the next general election is to be held. The ordinary or city election official shall cause the date and purpose of the election and a copy of the resolu tion or ordinance to be published once a week for three weeks immediately preceding the date of such election in the official organ of Clarke County. The ballot shall have written or printed thereon
the words:

'For approval of the (resolution) (ordinance) providing for the levying of (insert name of tax).

'Against approval of the (resolution) (ordinance) providing for the levying of (insert name of tax).'

"If more than one-half of the votes cast on such question are for approval of the resolution or ordinance, such tax shall be levied; otherwise, such tax shall not be levied. No such tax shall be levied before the beginning of the calendar year immediately succeeding the date of approval thereof by the voters. After any such tax has been levied for one year, the governing authority of Clark County or the City of Athens, as the case may be, is hereby given the authority to levy or not to levy such tax for any succeeding year, all in the discretion of said governing authority and without the necessity of any further referendum election.

"When any such tax is levied pursuant to this amendment, the governing authority of Clarke County or the City of Athens, as the case may be, when fixing the ad valorem tax millage rate each year, shall determine the millage rate without regard to this amendment. Said governing authority shall then reduce such millage rate so that the proceeds of the ad valorem property tax levy shall be reduced in an amount which shall not be less than an amount equal to 100% of the total amount of funds received in the immediately preceding year from the levy of any tax authorized by this amendment.

"The provisions of this amendment are not intended to and shall not be construed to limit in any way the obligation of Clark County or the City of Athens to levy ad valorem taxes for bond purposes as required by the provisions of Article VII, Section VII, Paragraph II of the Constitution of Georgia. The jurisdiction of Clarke County includes the entire territory embraced within the territorial limits of Clarke County including the City of Athens and any other incor porated municipality located therein. The jurisdiction of the City of Athens includes only that territory embraced within the corporate limits of the City of Athens as the same are now or may hereafter be defined in accordance with applicable laws."

Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided

THURSDAY, FEBRUARY 1, 1968

755

in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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 the procedure whereby taxes other than ad valorem property taxes may be levied by Clarke County and the City of Athens and to provide for a subsequent
NO ( ) reduction of ad valorem taxes on real and personal property based upon the amount of funds received from such additional tax levies?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Branch Brantley, H. H. Brantley, H. L. Bray

Brown, B. D. Brown, C. Buck Caldwell Games Gates Cheeks Clarke Cole Collins, M. Conner Cook Cooper, B. Crowe, William Crowe, W. J. Dailey Daugherty

Davis Dean DeLong Dent Dillon Dixon Dodson Dorminy Doster Douglas Edwards Egan Farmer Farrar Fleming Floyd Funk

756

JOURNAL OF THE HOUSE,

Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway Hall Hamilton Hargrett Harris, J. P. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Jones, C. M. Jordan, G. Kirksey Knapp Laite Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Levitas

Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Miller Mixon Moore, Don C. Moore, J. H. Mullinax Murphy
Nash Nessmith Newton Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Pickard Potts

Ragland Rainey Reaves Richardson Roach Rush Savage Shanahan Sherman Shields Simmons Sims Smith, G. W. Smith, W. L. Stalnaker Starnes Sullivan Sweat Threadgill Townsend Turner
Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Wiggins Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs. :

Bostick Bo wen Busbee Cato Chandler Collins, J. F. Colwell Cooper, J. R. Cox Dickinson Dollar Fallin Hale Harrington

Joiner Jones, M. Jordan, W. H. Kaylor Lambert Lambros Leggett Leonard Melton Merritt Moate Moreland Phillips Poss

Ross Rowland Russell Scarlett Shuman Smith, J. R. Smith, V. T. Snow Steis Thompson, A. W. Thompson, R. Tucker Williams Mr. Speaker

THURSDAY, FEBRUARY 1, 1968

757

On the adoption of the Resolution, the ayes were 163, nays 0.

The Resolution, having received the requisite two-thirds constitutional major ity, was adopted.

HR 531-1156. By Messrs. Sherman and DeLong of the 105th, Maxwell and Flem ing of the 106th, Dent and Cheeks of the 104th:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Geor gia so as to authorize the General Assembly to empower the govern ing authority of Richmond County, Georgia to adopt ordinances for the policing and governing of said county and the enforcement of all duties and powers now or hereafter vested in said governing authority and to provide penalties for violation of such ordinances; to provide for the submission of this amendment for ratification or rejection at the next general election; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VI, Section I of the Constitution is hereby amended by adding at the end thereof the following:
"The General Assembly of the State of Georgia is hereby authorized to empower the governing authority of Richmond County to adopt ordinances or regulations for the governing and policing of said County for the purpose of protecting and preserving the health, safety, welfare and morals of the citizens thereof as it may deem advisable, not in conflict with the general laws of this State and of the United States, and for the implementation and enforcement of all duties and powers now or hereafter vested in said governing authority of Richmond County, and to provide pen alties for violations of such ordinances."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

758

JOURNAL OF THE HOUSE,

"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to empower the governing au-
NO ( ) thority of Richmond County to adopt ordinances for the policing of Richmond County and to provide pen alties for violations of such ordinances?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Eesolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Branch Brantley, H. H. Brantley, H. L. Bray
Brown, B. D. Brown, C. Buck Caldwell Carnes Gates Cheeks Clarke Cole

Collins, M. Conner Cook Cooper, B. Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dillon Dixon Dodson Dorminy Doster
Douglas Edwards Egan Farmer Farrar Fleming Floyd Funk Gary

Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway Hall Hamilton Hargrett Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham
Hill Holder Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B.

THURSDAY, FEBRUARY 1, 1968

759

Jones, C. M. Jordan, G. Kirksey Knapp Laite Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Miller Mixon Moore, Don C. Moore, J. H.

Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Pickard Potts Ragland Rainey Reaves Richardson Roach Rush Savage Shanahan Sherman Shields

Simmons Sims Smith, G. W. Smith, W. L. Stalnaker Starnes Sullivan Sweat Threadgill Townsend Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Wiggins Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Bostick Bo wen Busbee Cato Chandler Collins, J. F. Colwell Cooper, J. R. Cox Dickinson Dollar Fallin Hale Harrington

Joiner Jones, M. Jordan, W. H. Kaylor Lambert Lambros Leggett Leonard Melton Merritt Moate Moreland Phillips Poss

Ross Rowland Russell Scarlett Shuman Smith, J. R. Smith, V. T. Snow Steis Thompson, A. W. Thompson, R. Tucker Williams Mr. Speaker

On the adoption of the Resolution, the ayes were 163, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

760

JOURNAL OF THE HOUSE,

Mr. Johnson of the 40th stated that he had been called from the floor of the House when the roll was called on HE 529-1156 and HR 531-1156, but had he been present, would have voted "aye".

Mrs. Merritt of the 68th stated that she had been called from the floor of the House when the roll was called on HR 529-1156 and HR 531-1156, but had she been present, would have voted "aye".

Mr. Harris of the 118th, Chairman of the Committee on Judiciary, arose and made the following remarks:
Mr. Speaker:
On yesterday the Governor accepted the resignation of Mr. J. W. Claxton as a member of the Board of Pardons and Paroles. The basic purpose of an impeachment proceeding is to effect a removal from office--not to persecute the office holder. In fairness to Mr. Claxton, I wish to state that, in my opinion, the evidence before the Committee did not show a violation of any criminal statute of this State although it did reveal probable cause to believe that there had been such actions and such an abuse of discretion as would justify impeachment. There fore, Mr. Speaker, I ask unanimous consent that HR 383-867 be referred back to the Committee on Judiciary.
The consent was granted, and the following Resolution of the House was recommitted to the Committee on Judiciary:
HR 383-867. By Mr. Townsend of the 140th: A Resolution voting impeachment charges against J. W. Claxton; and for other purposes.
By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Motor Vehicles and referred to the Committee on Defense and Veteran's Affairs:
SB 258. By Senator Kidd of the 25th: A Bill to be entitled an Act to amend an Act providing for the issuance of automobile license tags to disabled veterans, so as to provide for the issuance of license tags to certain other veterans; to repeal con flicting laws; and for other purposes.
The following Resolutions of the House and Senate were read and adopted:
HR 104. By Messrs. Lambros of the 130th and Turner of the 123rd:

THURSDAY, FEBRUARY 1, 1968

761

A RESOLUTION

Requesting that the motto "Justice, Mercy and Humility" be en graved upon the face of the United States one dollar bill; and for other purposes.

WHEREAS, the motto "Justice, Mercy and Humility" has since biblical times provided an indestructible guidepost for human conduct; and

WHEREAS, these words embody the essentials of a framework upon which a decent and upright life may be molded; and

WHEREAS, it would be appropriate that this inspiring motto ap pear upon the United States one dollar bill thereby reminding each and every one of us daily of these important ideals and precepts where by we may govern our everyday activities.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body does hereby urge that the members of the Georgia Congressional Delegation exert their tre mendous influence in this regard and introduce and guide through Con gress the necessary legislation to have the motto "Justice, Mercy and Humility" imprinted upon the United States one dollar bill.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an appropriate copy of this Resolution to each and every member of the Georgia Congressional Delegation and to the Secretary of the Treasury, the Honorable Henry H. Fowler.

HR 445. By Messrs. Sullivan oi the 95th, Berry of the 110th, Gaynor of the 114th, Ragland of the 109th and Shanahan of the 8th:
A RESOLUTION
Creating an interim committee to study the ways and means of establishing a Georgia Fireman Training Center; and for other pur poses.
WHEREAS, protection of lives and property from destruction by fire is basic to the health and welfare of the citizens of Georgia; and
WHEREAS, successful fire fighting requires firemen to have a high degree of skill and technical knowledge; and
WHEREAS, the facilities for the training and education of fire men in Georgia need to be expanded and improved; and
WHEREAS, a previous interim committee recommended the crea tion of a new committee for the purpose of developing certain informa-

762

JOURNAL OF THE HOUSE,

tion to make a detailed proposal for the creation of a fireman training center.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a legislative interim committee to study all matters relating to the ways and means of establishing a fireman training center for the State of Georgia. The committee shall be composed of five members of the House of Repre sentatives to be appointed by the Speaker of the House. The members of the committee shall be authorized to consult with such public officials, officials of private associations and organizations and such other per sons as it deems advisable in carrying out its duties and responsibili ties. The committee shall be further authorized to receive and study a report, relating to the creation of a fireman training center, which is being prepared by the Fire Institute at Georgia Tech.

BE IT FURTHER RESOLVED that the members of the commit tee shall receive the expenses and allowances authorized for members of the interim legislative committees. The members of the committee shall receive such expenses and allowances from the funds appropriated or available to the legislative branch of government, but shall receive the same for not more than ten days. The committee shall make a report of its findings and recommendations, which report shall be accompanied by such proposed legislation as might be recommended by the committee, on or before the convening of the General Assembly in January, 1969, on which date the committee shall stand abolished.

HR 507. By Messrs. Cox of the 127th, Dillon of the 128th, Adams of the 125th, Carnes of the 129th and Leggett of the 21st:
A RESOLUTION
Creating the Study Committee on Rockfish; and for other purposes. WHEREAS, an adequate supply of rockfish is one of the most out standing assets which a state can offer to sportsmen; and
WHEREAS, at the present time, many of the surrounding states have a rockfish population in excess of that pososessed by the State of Georgia; and
WHEREAS, it is desirable to inquire into the reasons why Georgia is lagging behind surrounding states insofar as the availability of rockfish is concerned.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of six members of the House to be appointed by the Speaker thereof. The committee shall make a thorough and exhaustive study into the present practices of the State Game and Fish Commission concerning their programs for the protection and development of this State's rockfish population and shall make a report of its findings and recommendations to the 1969 Session of the General Assembly, at which

THURSDAY, FEBRUARY 1, 1968

763

time it shall stand abolished. The committee shall be authorized to meet for a period not in excess of fifteen days. The members of the commit tee shall receive compensation, per diem, expenses and allowances authorized for members of interim legislative study committees. The funds necessary for the purposes of this Resolution shall come from funds appropriated and available to the legislative branch of the gov ernment.

HE 558. By Messrs. Farmer and Matthews of the 29th, Lane of the 64th and Rainey of the 69th:
A RESOLUTION
Commending Honorable Frank Alfred Hayes, B.A., B.S., D.V.M., M.S., Associate Professor of Pathology and Parasitology, School of Veterinary Medicine, University of Georgia; and for other purposes.
WHEREAS, Honorable Frank Alfred Hayes was instrumental in obtaining the Southeastern Cooperative Wildlife Disease Study for the University of Georgia, School of Veterinary Medicine and has served as Director since its inception; and
WHEREAS, his academic and research efforts have brought world wide recognition to and reflected great credit upon the University of Georgia; and
WHEREAS, he has served the people of his State and his profes sion with dedication and effectiveness; and
WHEREAS, he has pioneered research efforts in Wildlife Diseases making important contributions to the State of Georgia and the Nation.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Honorable Frank Alfred Hayes for his diligence, foresight and effectiveness as Director of the Southeastern Cooperative Wildlife Disease Study, School of Veterinary Medicine, University of Georgia.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Honorable Frank Alfred Hayes.

HR 562. By Mr. Cole of the 3rd:
A RESOLUTION
Commending the 1967 Dalton High School Football Team, its Ath letic Director, Coaches and Managers; and for other purposes.

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JOURNAL OF THE HOUSE,

WHEREAS, the Dalton High School Football Team successfully completed its regular 1967 season with nine wins and one loss as follows:

Dalton 6 West Rome

7

Dalton 33 Murray Co.

0

Dalton 19 McCallie

0

Dalton 57 North Whitfield 0

Dalton 45 Cedartown

0

Dalton 38 West Fannin 10

Dalton 41 Calhoun

0

Dalton 44 Rossville

0

Dalton 41 Lakeview

6

Dalton 40 Ringgold

14

thus winning the Region Championship; and

WHEREAS, the Dalton High School Football Team defeated West Rome 33-0 to win the 6AA-7AA playoff; St. Pius 21-7 to win the North Georgia Championship and Carver 14-12 to win the State Championship; and

WHEREAS, the members of the Dalton High School Football Team distinguished themselves by their spirit, zeal and performance on the field of play in achieving this enviable record; and

WHEREAS, the members and student managers of this great team are: Butch Strickland; Steve Norris; Ricky Townsend, Steve Cothran; Forrest Starks; Donnie Mansfield; Keith Whitworth; Ron King; Lamar Pinson; David Pennington; Wayne Pollard; Ray Evans; Tommy Bar ber; Ricky Faith; Ricky Lake; Bill McManus; Rocki Proffitt; Glenn Hicks; Mike Norris; Ronald Bagley; Donald Bagley; Kenneth Gaddy; Charles Cheney; Mike Wood; James Grisson; Harry Looper; Adlai Isenhower; Ernest Vance; Randall Nance; Larry Cope; Frank Dickson; Dana Pinson; Billy Sparks; Clay Osborn; Danny Dantzler; Ricky Brambles; Tommy Dyer; Charles Hubbs; Tommy Aaron; Richard Bass; Sammy Hair; Frank Kreischer; Clyde McDaniel; Mike Hackney; and Wayne Jenkins.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby extend its heartiest congratulations to each and every member of the 1967 Dalton High School Football Team, to its Student Managers, to its Athletic Director, Alfred Anderson, to its Coaches, Bill Chappell, Ronnie McClurg, Roscoe Garden, Mickey George, Hayden Wagers, Donald Jones, and Ken San ders, and to the entire student body.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to send a copy of this Resolution to each

THURSDAY, FEBRUARY 1, 1968

765

member of the Football Team, to each Student Manager, to the Ath letic Director, to each Coach, and to the Principal of Dalton High School.

HR 563. By Messrs. Smith and Gaynor of the 114th, Tye of the 115th and Gignilliat and Berry of the 113th:
A RESOLUTION
Expressing regrets at the passing of UGA I; and for other pur poses.
WHEREAS, UGA I, symbol of courage and tenacity for University of Georgia football teams for ten years, passed away on Thursday, November 9, 1967; and
WHEREAS, he came to the University of Georgia in 1956 as a gift from Mr. and Mrs. Frank Seiler of Savannah, who were then students at the University; and
WHEREAS, during his career at the University of Georgia from 1956 through 1966, this perfect specimen of an English bulldog became one of the most famous mascots in the history of college football; and
WHEREAS, UGA I participated in the Orange Bowl in 1959, the Sun Bowl in 1964, and served two SEC championship teams in 1959 and 1966 as Georgia's mascot; and
WHEREAS, the stone marking the grave of UGA I in Sanford Stadium bears the epitaph, "DAMN GOOD DOG", which resulted from a rousing cheer Georgia supporters gave him when he retired at the 1966 Homecoming game against Kentucky; and
WHEREAS, to the joy of "Bulldog" fans everywhere, he is sur vived by his son, UGA II, who is the present mascot of the Georgia football team.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its sincerest regrets at the passing of UGA I and welcomes UGA II as a fitting successor to his illustrious father.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this resolution to Mr. and Mrs. Frank Seiler of Savannah, Georgia, and to Dr. Fred C. Davison, President, the Uni versity of Georgia.

766

JOURNAL OF THE HOUSE,

HR 564. By Mr. Rainey of the 69th: A RESOLUTION

Commending the 1967 Cordele Senior Little League Team, the President of the Cordele Little League, the Vice-President, and CoManagers of the Cordele Senior Little League Team; and for other purposes.

WHEREAS, the Cordele Senior Little League Team successfully completed its 1967 regular season; and

WHEREAS, the Cordele Senior Little League Team won the Fifth District of Georgia, won four playoff games and defeated Clairmont in Toccoa, Georgia by the score of 4-3 to win the Georgia State Senior Little League Championship; and

WHEREAS, this team represented Georgia in the Senior Little League Regional Playoffs, losing to North Carolina by a score of 6-1; and

WHEREAS, the members of the Cordele Senior Little League Team distinguished themselves by their spirit, zeal and performance on the fields of play in achieving this enviable record; and

WHEREAS, the members of this great team are: Steve Bridges; M. H. Alien, Jr.; Buddy Brake; Billy Eason; Butch Wood, David Childree; Glen Wilkerson; Wesley Sheffield; Quentin Butler; Billy Ruis; Gary Carson; Ricky Rhodes; Mike Lee; Kenneth Radcliff; Burt Raines; and Jeff Alien.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby extend its heartiest congratulations to each and every member of the 1967 Cordele Senior Little League Team, to the President of the Cordele Little League, Alvin Whelchel, to the Vice-President of the Cordele Senior Little League Team, Doc Raines, and its Co-Managers, Foy Wood and M. H. Alien, Sr.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to send a copy of this Resolution to each member of the team, to the President of the Cordele Little League, to the Vice-President and Co-Managers of the team.

HR 565. By Messrs. Collins of the 88th, Smith of the 54th, Jordan of the 78th and Moate of the 39th:

A RESOLUTION

Commending our men in the Armed Forces; and for other purposes.

WHEREAS, the State of Georgia has many of its finest citizens in the Armed Forces, many of whom are serving in Viet Nam; and

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767

WHEREAS, the members of many families in Georgia are await ing the return of their husbands and fathers; and

WHEREAS, these men and their families have given so unselfishly of themselves; and

WHEREAS, a very small group of people have acted in an irre sponsible manner in regard to the war in Viet Nam by making state ments and conducting themselves in such a manner that a question has arisen in the minds of some as to the extent of support at home of our Armed Forces; and

WHEREAS, the publicity given the unshaven, iinbathed, selfstyled liberals and pseudo-intellectuals and their associates is all out of proportion to their numbers.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body wishes to commend our men in the Armed Forces for a job well done in their efforts in stopping communism.

BE IT FURTHER RESOLVED that this body is proud of our Armed Forces and wants our servicemen to know that the members of the General Assembly of Georgia, representing all the people of Georgia, support them in every way possible and pray for their safe return home.

HR 566. By Messrs. Cheeks and Dent of the 104th, Sherman and DeLong of the 105th and Fleming and Maxwell of the 106th:
A RESOLUTION
Expressing regrets at the passing of the Honorable George C. Mutimer; and for other purposes.
WHEREAS, the Honorable George C. Mutimer recently passed away suddenly; and
WHEREAS, the untimely death of this outstanding and distin guished citizen of the State of Georgia has deprived Richmond County and the State of Georgia of one of the most outstanding law enforce ment officers of this State; and
WHEREAS, the late George C. Mutimer was one of the most popular and highly respected sheriffs to have ever held this high office in Richmond County; and
WHEREAS, George C. Mutimer enjoyed the reputation of being a gentleman of the highest integrity and honesty while discharging the official duties of his office; and

768

JOURNAL OF THE HOUSE,

WHEREAS, the many contributions which this distinguished citi zen made to his community and State will be sorely missed by his unfortunate passing.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby extend to the mem bers of the family of the late George C. Mutimer and his many friends throughout the State of Georgia its most heartfelt and deepest regrets at the untimely passing of one of this State's most outstanding citizens.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an appropriate copy of this Resolution to the members of the family of the late George C. Mutimer.

HR 567. By Mr. Laite of the 109th:
A RESOLUTION
Commending Honorable Oscar L. Long; and for other purposes.
WHEREAS, the Honorable Oscar L. Long has recently retired as Judge of the Superior Court of the Macon Judicial Circuit; and
WHEREAS, during Judge Long's illustrious career on the bench, he gained a reputation and acclaim as being one of this State's most outstanding jurists; and
WHEREAS, it is only befitting and proper that Judge Oscar L. Long be recognized for his many outstanding contributions to the Bar and Judiciary during his long and illustrious career as an eminent jurist.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Judge Oscar L. Long for his many years of devoted service to the citizens of the Macon Judicial Circuit and the entire State of Georgia, and does hereby congratulate him upon a long and illustrious career as an outstanding member of the Bar and distinguished jurist.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an appropriate copy of this Resolution to the Honorable Oscar L. Long.

HR 568. By Mr. Laite of the 109th: A RESOLUTION
Commending Honorable Harley Langdale; and for other purposes.

THURSDAY, FEBRUARY 1, 1968

769

WHEREAS, Judge Harley Langdale has recently stepped down as the Chairman of the State Game and Fish Commission; and

WHEREAS, during the many years which Judge Langdale has devoted to his service as a member of the State Game and Fish Com mission, many great strides and much progress have been made in this State's conservation programs; and

WHEREAS, during his tenure as Chairman of the State Game and Fish Commission, the wild life and fish population of the State of Georgia were vastly increased, providing outstanding opportunities for the sportsmen of this State to enjoy the many magnificent natural resources which the State of Georgia possesses.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Judge Harley Langdale for his many outstanding contribu tions extended to the citizens of the State of Georgia during his tenure as Chairman of the State Game and Fish Commission.

BE IT FURTHER RESOLVED that this body does extend to Judge Langdale its heartfelt thanks for the many years of public service un selfishly devoted by Judge Langdale.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an appropriate copy of this Resolution to the Honorable Harley Langdale.

HR 569. By Messrs. Newton and Lewis of the 50th and Parker of the 55th:
A RESOLUTION
Commending Lieutenant C. W. Fulford, Jr.; and for other purposes.
WHEREAS, Lieutenant C. W. Fulford, Jr., has been awarded the Silver Star for his heroic actions performed in South Vietnam in September, 1967; and
WHEREAS, during a furious twenty-hour battle in which Lieu tenant Fulford's company commander was killed, Lieutenant Fulford assumed command of his company of Marines and defended his com pany's position against furious attacks from the enemy; and
WHEREAS, a portion of the citation which awarded the Silver Star to Lieutenant Fulford read as follows:
". . . Lt. Fulford fearless moved throughout the area, direct ing the fire of his men and reorganizing the perimeter. The only officer remaining in the company, he continued to disregard his own personal safety to rally his men and repel the attacking enemy. . . His courage, superb leadership and selfless devotion

770

JOURNAL OP THE HOUSE,

to duty in the face of extreme personal danger . . . was an inspira tion to all who served with him . . .";
and

WHEREAS, it is only befitting and proper that Lieutenant Fulford receive the commendation of this body for his heroic actions in South Vietnam.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Lieutenant C. W. Fulford, Jr. for his heroic actions performed in South Vietnam leading to his receiving the Silver Star for such
actions.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an appropriate copy of this Resolution to Lieutenant C. W. Fulford, Jr.

HR 570. By Messrs. Buck and Jones of the 112th, Berry and Thompson of the 110th and Shields and Thompson of the lllth:
A RESOLUTION
Congratulating the Columbus High School Athletic Department and Teams for outstanding leadership and athletic ability; and for other purposes.
WHEREAS, on Saturday, February 18, 1967, the Columbus High School Basketball Team won the Region 1-AAA Title; and
WHEREAS, on Friday, October 27, 1967, the Columbus High School Football Team--the Blue Devils--won the Region 1-AAA Title; and
WHEREAS, on Friday, April 21, 1967, the Columbus High School Golf Team won the Links Title and then the State AAA Championship; and
WHEREAS, on Monday, April 24, 1967, Columbus High School's Johnny Iniego won the tennis single crown, although there is no re gional team championship title for this sport; and
WHEREAS, on Saturday, May 13, 1967, the Columbus High School Track Team won the Regional Track Championship at Macon and the AAA Championship; and
WHEREAS, on Friday, May 19, 1967, the Columbus High School Baseball Team won the Regional Baseball Championship; and
WHEREAS, the Columbus High School Head Football Coach-- the Honorable Alvin (Pig) Davis was named Region 1-AAA "Coach of the Year"; and

THURSDAY, FEBRUARY 1, 1968

771

WHEREAS, the Columbus High School Baseball Coach--the Honor able Frank Matthews--was named Region 1-AAA "Coach of the Year"; and

WHEREAS, the Columbus High School Track Coach--the Honor able Billy Maxwell--was named Region 1-AAA "Coach of the Year"; and

WHEREAS, the Columbus High School Basketball Coach--the Honorable Joe Sparks--was named Region 1-AAA "Coach of the Year"; and

WHEREAS, the Columbus High School Athletic Director and Head Football Coach, the Honorable Alvin (Pig) Davis; the Honorable Joe Sparks, Head Basketball Coach; the Honorable Billy Maxwell, Head Track Coach; the Honorable Frank Matthews, Head Baseball Coach; and the Honorable Grady Elmore, Head Golf Coach; and their worthy assistants are to be heartily congratulated for their extremely capable leadership and guidance in the fields of sports and sportsmanship; and

WHEREAS, the respective Blue Devils are to be heartily con gratulated on their athletic ability and sportsmanship.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body extends its heartiest congratu lations to: the Honorable Alvin (Pig) Davis, the Honorable Billy Max well, the Honorable Frank Matthews, the Honorable Grady Elmore, and the worthy Assistant Coaches of Columbus High School, and the various Athletic Teams of Columbus High School.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a sufficient number of copies of this Resolution to the Athletic Director of Columbus High School so that each Coach and member of the respective Blue Devil Athletic Teams shall receive a copy.

HR 571. By Messrs. Thompson and Berry of the 110th and Buck and Pickard of the 112th:
A RESOLUTION
Commending the Spencer High School Greenwave Football Team of Columbus, the principal of Spencer High School, its head coach, assistant coaches, and student managers; and for other purposes.
WHEREAS, the Spencer High School Greenwave Football Team has consistently throughout the years fielded an excellent football team; and
WHEREAS, in its last season of competition in the Georgia Interscholastic Association, the Spencer High School Greenwave Football Team won the GIA State Football Championship for the year 1967; and

772

JOURNAL OF THE HOUSE,

WHEREAS, the consistent high caliber of play demonstrated by the Greenwaves reflect to the credit of the coaching staff of the Greenwave team, and to the effort and dedication of the individual members of the team; and

WHEREAS, the principal of Spencer High School is Eddie T. Lindsey, the head coach is Odis Spencer, and the assistant coaches are Oscar Stanback, Thomas Works, Walker Scott, and Eddie Hollingsworth; and

WHEREAS, the members of this great team are: Rickey Boynton; Walter Brummit; Harry Bryar; Willie Butler; Larry Butts; Calvin Carson; Timothy Davis; James Emanuel; Tillman Harper; Oscar Hubbard; Zachery Hudson; Charles Jackson; Samuel Jenkins; Eugene Jivens; James Johnson; Rudolph Johnson; Willie Jones; Lamel Jordan; Joel King; William Latimer; Jesse Ben Mathis; David McKissick; Bradley Ogletree; Roy Prescott; Anthony Quinn; Steven Reese; Gary Ross; Johnny Sharpe; Ronald Sims; Aaron Smith; James Smith; Henderson Thomas; Teddie Traylor; Michael White; Jerry Whittlesey; Jimmy Whittlesey; Charlie Williams; Jonathan Williams; Herman Williams; Vandolph Williams; Willie Williams; and Preston Wilson.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES of the GENERAL ASSEMBLY OF GEOR GIA that this body does hereby extend its heartiest congratulations to each and every member of the 1967 Spencer High school Football Team, to its head coach, Odis Spencer, to assistant coaches, Oscar Stanback, Thomas Works, Walker Scott and Eddie Hollingsworth, to the principal of Spencer High School, Eddie T. Lindsey, and to their entire student body.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to send a copy of this Resolution to each member of the football team, to each student manager, to each coach and to the principal of Spencer High School.

HR 572. By Messrs. Dixon of the 83rd and Nimmer of the 84th:
A RESOLUTION
Expressing regrets at the passing of Mrs. Elizabeth Jane Burnett Kimmons; and for other purposes.
WHEREAS, Mrs. Elizabeth Jane Burnett Kimmons passed away on Thursday, January 11, 1968 at the age of 99; and
WHEREAS, Mrs. Kimmons was born on July 16, 1868, in Gilmer County, Georgia; and
WHEREAS, Mrs. Kimmons lived "over half the life of this coun try"; and

THURSDAY, FEBRUARY 1, 1968

773

WHEREAS, she migrated to Pierce County in 1912; and

WHEREAS, she was the mother of the illustrous and colorful former member of the House of Representatives, Honorable William H. "Bill" Kimmons; and

WHEREAS, she was also the grandmother of the talented and affable former member of the House of Representatives, Honorable Francis Houston; and

WHEREAS, she was a lady of Christian principles and a member of the Missionary Baptist Church; and

WHEREAS, she was a soldier of Christ and labored in the vineyard of love; and

WHEREAS, Mrs. Kimmons will be greatly missed by her many friends in Pierce and surrounding counties; and

WHEREAS, her unselfish dedication to the happiness and welfare of her fellow men provides an outstanding example for others to emulate.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its sincerest regrets at the passing of Mrs. Elizabeth Jane Burnett Kimmons of Pierce County, Georgia.

BE IT FURTHER RESOLVED that the clerk of the House of Representatives is hereby authorized to transmit a copy of this Reso lution to her son, Honorable William H. "Bill" Kimmons and a copy to her grandson, Honorable Francis Houston.

HR 573. By Mr. Magoon of the 19th:
A RESOLUTION
Expressing sympathy at the passing of Dr. L. Tyler Leard; and for other purposes.
WHEREAS, Dr. L. Tyler Leard, the son of Lecel A. and Lucy Ellen Tyler Leard, was born August 1, 1921 in Franklin County, Georgia and attended grade school in Bowersville, Georgia and gradu ated from Lavonia High School in June, 1939; and
WHEREAS, he entered the United States Army on July 17, 1940 and served as a First Sergeant in the Infantry and Medical Corps and was stationed in Canada, England, France, Germany and Czecho slovakia and was discharged October 3, 1945; and
WHEREAS, he married the former Miss Elizabeth Poole Meredith, daughter of Dr. A. O. Meredith of Hartwell, Georgia, and they had

774

JOURNAL OF THE HOUSE,

five children; namely, Michael Tyler, Annice Ellen, William Mercer, David Albert and Mary Elizabeth; and

WHEREAS, he graduated in June, 1950 from the University of Georgia School of Veterinary Medicine and during his senior year, he received the Upjohn Award for proficiency in clinical medicine in the Large Animal Clinic, and he practiced in Hartwell from June, 1950 until his death; and

WHEREAS, he was appointed to the State Board of Veterinary Examiners by Governor S. Ernest Vandiver and served from October 23, 1959 through December 16, 1964; and

WHEREAS, he was appointed Lieutenant Colonel Aide DeCamp, Governors Staff by Governor S. Ernest Vandiver and Governor Carl E. Sanders; and

WHEREAS, he was elected as a member of the Hart County Board of Finance in November of 1964 and served as Chairman until his death on April 14, 1967.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest regrets are hereby expressed at the passing of Dr. L. Tyler Leard and the deepest sympathy is hereby extended to the members of his family.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the family of Dr. L. Tyler Leard and to the Hart County Board of Finance.

HR574. By Messrs. Steis of the 100th, Magoon of the 19th and Smith of the 54th:
A RESOLUTION
Expressing regrets and sympathy upon the death of Mrs. Frank E. (Millie) Blankenship; and for other purposes.
WHEREAS, Mrs. Frank E. (Millie) Blankenship departed this life on December 19, 1967, after an extended illness; and
WHEREAS, she was the former Millie M. Carey; and
WHEREAS, Mrs. Blankenship was the wife of Honorable Frank E. Blankenship, Deputy Assistant Attorney General, serving as Special Council to the Governor of the State of Georgia, and formerly Chief Deputy Legislative Counsel, Office of Legislative Counsel, State of Georgia; and
WHEREAS, she was for many years an employee of Crum and Forster Group of Insurance Companies, Southern Department, Atlanta, Georgia; and

THURSDAY, FEBRUARY 1, 1968

775

WHEREAS, her life was exemplified by her Christian ideals and devotion to her husband, family and many friends; and

WHEREAS, this lovely and charming lady was a dedicated citi zen of our great Nation and State.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, in regular session assembled, that the sincerest regrets and heartfelt sympathy of this body are hereby ex pressed and extended to her husband, Honorable Frank E. Blankenship, and to her family.

BE IT FURTHER RESOLVED that as a token of our common grief, the Clerk of the House of Representatives is hereby authorized and directed to forward appropriate copies of this Resolution with the seal of the General Assembly affixed thereto to the Honorable Frank E. Blankenship and the family of Mrs. Frank E. (Millie) Blankenship, and that a copy of this Resolution be placed in the Journals of the Senate and House of Representatives.

HR 575. By Mr. Laite of the 109th:
A RESOLUTION
Commending the Honorable Fred Davison; and for other purposes.
WHEREAS, the Honorable Fred Davison has recently been se lected by the Board of Regents to assume the presidency of the Uni versity of Georgia; and
WHEREAS, it is the feeling of this body that the Board of Regents made a most excellent selection of this distinguished and outstanding educator; and
WHEREAS, prior to assuming the presidency of the University of Georgia the Honorable Fred Davison served with distinction and honor as Vice Chancellor of the University System of Georgia; and
WHEREAS, this body looks with great anticipation toward the improvements in the educational system of this State through the outstanding accomplishments and achievements of Fred Davison.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the Honorable Fred Davison on his selection as the President of the University of Georgia and does hereby commend him for the outstanding and distinguished service he rendered to his State while serving as the Vice Chancellor of the University System of Georgia.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an appropriate copy of this Resolution to the Honorable Fred Davison.

776

JOURNAL OF THE HOUSE,

HR 576. By Messrs. Murphy of the 26th, Paris of the 23rd, and Lane of the 64th:

A RESOLUTION

Commending and congratulating Bob Hope; and for other purposes.

WHEREAS, Democratic aims are directed toward preservation of our freedoms, protection and education of its people and the entertain ment and well-being of the human mind; and

WHEREAS, in these areas, a few have given to so many; and

WHEREAS, the strength of our free nation comes from its leaders, its greatest strength comes from its citizens; and

WHEREAS, from the ranks of citizenry comes one man whose ability to raise the morale of the many has instilled laughter in the hearts and minds on the battlefield, in the hospitals and in the untrodden spots of the world; and

WHEREAS, this example of complete disregard for personal dan ger has given hope to others; and

WHEREAS, such moral courage is great and admirable in itself, but more so when transmitted to others.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby commend Bob Hope and extends appreciation and gratitude to him for his unselfish and dedicated service to the members of our armed services throughout the world.

BE IT FURTHER RESOLVED that the Secretary of State is hereby authorized and directed to transmit an appropriate copy of this Resolution, with the seal of the State of Georgia affixed thereto, to the Honorable Bob Hope.

HR 577. By Mr. Brown of the 34th:
A RESOLUTION
Praising General Lewis B. Hershey; and for other purposes.
WHEREAS, our great country is presently undergoing turmoil and strife, both from within and without her borders; and
WHEREAS, the Constitution of the United States protects the rights of every individual to let his views be known; and
WHEREAS, many of the young people of our country have exer cised their right to speak against the Selective Service System; and

THURSDAY, FEBRUARY 1, 1968

777

WHEREAS, many of these young people have willfully violated the laws n their attempt to gain publicity for their movement; and

WHEREAS, General Lewis B. Hershey, as Director of the Selective Service System, issued an order to the effect that college students who participate in illegal demonstrations which interfere with the draft or military recruiting shall lose their college deferments; and

WHEREAS, General Lewis B. Hershey has received much un favorable criticism for his stand; and

WHEREAS, few people realize that General Lewis B. Hershey is not attempting to stifle the right to dissent, but he is trying to point out to the students that while the government has an obligation to its people, the people also have an obligation to their government; and

WHEREAS, the college students who have been granted a defer ment should channel all their energies toward attaining the best educa tion possible so that they, when they are running the country, will have the intellectual background requisite for such a heavy responsibility; and

WHEREAS, General Lewis B. Hershey should be congratulated on his ability to take a firm stand in the face of such harsh, vocal and demonstrative criticism.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that this body hereby praises General Lewis B. Hershey for being a great person and his taking a firm stand in the face of adverse criticism.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby directed to transmit a copy of this Resolu tion to General Lewis B. Hershey, Director of the Selective Service System, Washington, D. C.

SR 166. By Senator Coggin of the 35th:
A RESOLUTION
Commending the Director and members of the Hapeville High School Band; and for other purposes.
WHEREAS, the Hapeville High School Band, named "The March ing 100" presently consists of 160 members; and
WHEREAS, under the dedicated leadership of Mr. William W. Miller, Director, the Hapeville High School Band has been the recipient of many awards including those received for playing for President Lyndon B. Johnson, Vice-President Hubert Humphrey and Secretary of State Dean Rusk at the Affirmation Vietnam Rally, for playing at half

778

JOURNAL OF THE HOUSE,

time during the football games of the Atlanta Falcons, for playing at the Gator Bowl and for playing at the Four Hundredth Centennial of the City of St. Augustine, Florida; and

WHEREAS, the band has also marched and played at world famous Disneyland in California; and

WHEREAS, this outstanding band was selected to represent the Southeastern United States in the famed Tournament of Roses Parade on January 1, 1968; and

WHEREAS, they were seen not only by the thousands of people watching the parade in person, but the millions watching it on television; and

WHEREAS, the band rendered such an excellent performance in the parade that each member was awarded a medallion which gives further evidence of the ability of all the members of the band; and

WHEREAS, along with the selection of the Hapeville High School Band to participate in the Tournament of Roses Parade, an invitation was extended to the State of Georgia to participate by placing and spon soring a float in the parade; and

WHEREAS, this float which was symbolic of the heritage of the great State of Georgia, brought great fame and honor to the State and projected an outstanding image for Georgia by winning the national trophy which was announced on television during the parade; and

WHEREAS, the Hapeville High School Band preceded and escorted the float in the parade.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body hereby extend their sincerest congratulations to the members of the Hapeville High School Band and its outstanding Director, Mr. William W. Miller, and commends them for the excellent performance in the Tournament of Roses Parade and for their superb representation of the State of Georgia and the Southeastern United States.

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby instructed to transmit a suitable copy of this resolution to Hon orable William W. Miller, Director of the Hapeville High School Band, and the Honorable Douglas Purdie, Principal, Hapeville High School.

SR 167. By Senator Smith of the 18th:
A RESOLUTION
WHEREAS, municipal government historically is the oldest form of organized government, and;

THURSDAY, FEBRUARY 1, 1968

779

WHEREAS, citizen participation in municipal government provides basic expressions of the American Democratic process, and;

WHEREAS, municipalities have the responsibility of providing basic services to foster the health, safety, welfare, comfort and conveni ence of the citizens who live in our cities and towns and the environs thereof, and;

WHEREAS, municipalities provide services necessary for manufac turing, business and other industries which provide employment for a vast majority of Georgians, and;

WHEREAS, the municipalities of this State provide centers of re ligious, educational, cultural, social and recreational activity without which civilized progress would be difficult, if not impossible, and;

WHEREAS, the city officials of Georgia have voluntarily sought public office to serve their communities and, through them, their fellowman toward the end that each Georgian may enjoy a full, happy and productive life, and;

WHEREAS, the members of the Georgia General Assembly are fully aware of the contributions of municipal government to the State of Georgia and its people;

NOW, THEREFORE, BE IT RESOLVED that the Georgia General Assembly does hereby recognize and pay tribute to the municipal officials and employees of Georgia upon the occasion of the Tenth Annual Georgia Mayors' Day, this January 22, 1968.

The following Resolutions of the House were read and referred to the Com mittee on Industry:

HR 578. By Messrs. Hood of the 124th, Grier of the 132nd and Adams of the 125th:
A RESOLUTION
Creating a study committee on public housing; and for other purposes.
WHEREAS, there has been recent criticism of public housing authorities which would seem to indicate that the members of public housing authorities are not responsive to the needs of tenants residing within public housing projects; and
WHEREAS, it is desirable that public housing authorities enjoy the confidence of the general public as well as their tenants.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be

780

JOURNAL OF THE HOUSE,

composed of ten members of the House of Representatives, to be ap pointed by the Speaker thereof. The committee shall make a thorough and exhaustive study of public housing authorities and shall make a report of their findings and recommendations to the 1969 session of the General Assembly, at which time it shall stand abolished. The members of the committee shall receive the compensation, per diem, expenses, and allowances authorized for members of interim legislative study commit tees. The funds necessary for purposes of this resolution shall come from the funds appropriated to the legislative branch of the government.

HR 580. By Mr. Magoon of the 19th:
A RESOLUTION
Requesting the Georgia Congressional Delegation to initiate federal legislation designed to shorten Daylight Saving Time; and for other purposes.
WHEREAS, during the Year 1967, the State of Georgia and other states experienced the effects of Daylight Saving Time; and
WHEREAS, many citizens of the State of Georgia appreciated and enjoyed the long afternoon hours resulting from Daylight Saving Time; and
WHEREAS, other citizens and industries in the State were ad versely affected by Daylight Saving Time due to the darkened early morning hours driving to work, and the late evening sun while attend ing drive-in movies and trying to get children to go to sleep, and in other ways; and
WHEREAS, we live in a Democratic Society where the principle of compromise is regarded as an effective tool for enacting the laws under which we live; and
WHEREAS, it would appear to be logical and just to compromise over the issue of Daylight Saving Time by reducing the length of the time period for which it is effective by Six weeks.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Georgia Congressional Delegation is hereby requested to initiate the proper procedures for shortening the effect of Daylight Saving Time by Six weeks.
BE IT FURTHER RESOLVED that a copy of this resolution be immediately transmitted by the Clerk of the House to each member of the Georgia Congressional Delegation.

The following Resolution of the House was read and referred to the Commit tee on Insurance:

THURSDAY, FEBRUARY 1, 1968

781

HR 579. By Messrs. Westlake of the 119th, Wood of the 16th and Mason of the 22nd:

A RESOLUTION

Creating a committee to study the open competition insurance rating laws; and for other purposes.

WHEREAS, at the 1967 session of the General Assembly legislation was adopted providing for open competition rating laws; and

WHEREAS, one of the principal duties of the General Assembly is to oversee the operations of the insurance industry in order that the citizens of this State might be protected from the abuses of unsound administration of insurance practices and procedures.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of five members of the House of Representatives, to be ap pointed by the Speaker of the House. The committee shall make a thorough investigation into the open competition rating procedures in order to determine the experience and workability of this newly adopted legislation. The committee shall be authorized to conduct such number of public hearings as in its judgment will afford the insurance industry and interested persons an opportunity to voice their complaints and recommendations for improvements or needed changes in the rating pro cedures now being followed in the State of Georgia. The committee shall make a report of its recommendations and findings to the 1969 session of the Georgia General Assembly, at which time it shall stand abolished. The members of the committee shall receive the compensation, per diem, expenses, and allowances authorized for members of interim legislative study committees. The funds necessary for the purposes of this resolu tion shall come from the funds appropriated and available to the legis lative branch of government. The committee shall be authorized to meet for a period not in excess of ten days.

The following Resolution of the House was read and referred to the Com mittee on Highways:

HR 581. By Mr. Laite of the 109th:
A RESOLUTION
Urging the State Highway Department to proceed with the utmost haste to complete certain highway projects; and for other purposes.
WHEREAS, at the present time, the City of Macon and areas adjacent thereto are hopelessly encumbered with a growing traffic prob lem due to inadequate roads and highways; and

782

JOURNAL OF THE HOUSE,

WHEREAS, there are, at the present time, certain projects under construction and proposed projects which could drastically reduce the traffic congestion in and around the City of Macon.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby urgently request that the State Highway Department proceed with the utmost haste to com plete the following projects:

(1) The four-lane highway extending from the City of Macon to Gray, Georgia.

(2) Provide additional entrances and exits on Interstate 75 at V C & L Road, Wimbish Road and Main Street.

(3) Convert Riverside Drive in to a four-lane highway.

(4) Complete Cornfield Road and Seventh Street projects.

(5) Proceed with plans to construct a four-lane limited access high way from Augusta to Macon to Columbus, Georgia.

BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and instructed to transmit an appropri ate copy of this Resolution to the Director of the State Highway Department.

The following Resolution of the House was read and referred to the Commit tee on Natural Resources:

HR 582. By Mr. Laite of the 109th:
A RESOLUTION
Relative to safety rules, regulations, procedures and programs by the State Department of Parks; and for other purposes.
WHEREAS, Georgia is blessed with many fine and beautiful state parks; and
WHEREAS, because of the rugged and beautiful terrain in which many of these state parks are located, visitors to such parks are continu ally subjected to safety hazards; and
WHEREAS, it should be the responsibility of the State government to provide appropriate safety measures and procedures in order to pro tect visitors at state parks from hazardous conditions existing therein.
NOW, THEREFORE BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Department of Parks is

THURSDAY, FEBRUARY 1, 1968

783

hereby authorized and instructed to formulate, adopt and promulgate sufficient and adequate safety programs and standards for observance in all of the state parks located in this State in order that the safety and welfare of persons visiting such state parks might not be jeopardized and that such visitors be afforded an opportunity to enjoy the many advantages of our splendid parks in safe atmosphere and surroundings.

The following Resolution of the House was read and referred to the Commit tee on University System of Georgia:

HR 583. By Messrs. Farmer of the 29th, Leonard of the 3rd and Poss of the 37th:
A RESOLUTION
Requesting the Board of Regents to discourage the expansion of retail stores located on the campuses of colleges and universities in the University System; and for other purposes.
WHEREAS, there is a growing tendency on the part of colleges and universities within the University System of Georgia to allow retail stores located on college campuses to expand their size and lines of merchandise to the extent that they are in direct competition with private enterprise; and
WHEREAS, the traditional reason for the existence of such stores was not to compete with private enterprise but to allow college students convenient access to material needed in connection with their studies, personal hygiene, and other items reasonably associated with college life; and
WHEREAS, such stores enjoy many unfair competitive advantages over private enterprise, and for that reason, their lines of merchandise should be restricted to those items traditionally sold by such stores; and
WHEREAS, recognizing that the private enterprise system is the source of greatness for our State and country, it has always been the policy of this State to discourage any unnecessary activity on the part of government which competes with private enterprise; and
WHEREAS, there is no necessity for stores located on college cam puses to sell items which are not traditionally associated with such stores.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Board of Regents is hereby requested to adopt a policy discouraging the expansion of retail stores located on the campuses of colleges and universities in the University System of Georgia.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro-

784

JOURNAL OF THE HOUSE,

priate copy of this Resolution to the Chancellor and each member of the Board of Regents.

The following Resolution of the House was read and referred to the Commit tee on Industrial Relations:

HR 584. By Mr. Alexander of the 133rd:
A RESOLUTION
Creating a committee to study the feasability of enacting a State Minimum Wage Law; and for other purposes.
WHEREAS, in this era of unprecedented prosperity, countless num bers of the citizens of this State are composed in an unbelievably small amount; and
WHEREAS, the members of this body are in need of information concerning wages of the working people of this State, the system relative thereto, and the Minimum Wage Law.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a Minimum Wage Law Study Committee to be composed of seven members of the House to be appointed by the Speaker. The committee shall study all matters rela tive to wages with particular emphasis on the advisability and feasibil ity of enacting a State Minimum Wage Law. The members of the com mittee shall receive the allowances authorized by law for legislative members of interim legislative committees, but shall receive the same for not more than fifteen days. The committee shall make a report of its findings and recommendations on or before December 1, 1968, on which date the committee shall stand abolished. The funds necessary to carry out the purposes of this resolution shall come from the funds appropri ated to and available to the legislative branch of government.
The following Resolution of the House was read and referred to the Commit tee on State Institutions and Property:
HR 585. By Mr. Alexander of the 133rd:
A RESOLUTION
Creating the Governmental Immunity Study Committee; and for other purposes.
WHEREAS, the problem of governmental immunity is one which has plagued public officials and citizens during the entire course of the history of governments; and

THURSDAY, FEBRUARY 1, 1968

785

WHEREAS, there are various schools of thought concerning this subject, and many theories have been advanced concerning the proper procedure relating to claims of citizens against their government, be it local, State or Federal; and

WHEREAS, governmental units are oftentimes protected and granted complete immunity for tortuous acts against citizens, to the detriment of citizens; and

WHEREAS, it behooves the members of this body to be furnished a complete and thorough study relative to governmental immunity, par ticularly as applied to municipalities, counties, and the State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Governmental Immunity Study Committee to be composed of seven members of the House, to be appointed by the Speaker. The Committee shall study the subject of governmental immunity as aplied to municipalities and coun ties of this State, and of the State. It shall seek the advice and counsel of local and State officials and shall study the laws relative thereto and the administration thereof of other states. The members of the Commit tee shall receive the allowances authorized by law for legislative mem bers of interim legislative committees, but shall not receive the same for more than fifteen days. The Committee shall make a report of its find ings and recommendations on or before December 1, 1968, on which date the Committee shall stand abolished. The funds necessary to carry out the purposes of this resolution shall come from the funds appropriated to and available to the legislative branch of the government.

The following Resolution of the House was read and referred to the Commit tee on Rules:

HR 586. By Messrs. Parker of the 55th, Lane of the 64th and Newton of the 50th:
A RESOLUTION
Amending the Rules of the House to add a standing committee on Public Utilities and Transportation; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Rule 212 is amended by striking therefrom the following:
"19. Rules 20. Special Judiciary. 21. State Institutions & Property. 22. State of Republic.

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JOURNAL OF THE HOUSE,

23. Temperance.

24. University System of Georgia.

25. Ways and Means.

26. Welfare.", and substituting in lieu thereof the following:
"19. Public Utilities & Transportation. 20. Rules. 21. Special Judiciary. 22. State Institutions & Property. 23. State of Republic. 24. Temperance. 25. University System of Georgia.

26. Ways and Means.

27. Welfare."

Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:

HB 911. By Mr. Alexander of the 133rd:
A Bill to be entitled an Act to amend Code Section 61-306, relating to notice whenever a warrant has been issued under existing laws for the eviction of an intruder or tenant holding over, so as to change the num ber of days' notice which will be given before the officer will proceed with the execution of the warrant; and for other purposes.
The following amendment was read:
Mr. Paris of the 23rd moves to amend HB 911 by substituting the word "four" for the word "six" wherever the the same appears.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

THURSDAY, FEBRUARY 1, 1968

787

Those voting in the affirmative were Messrs.

Adams Anderson Ballard Barber Barfield Battle
Berry, C. E. Berry, J. K. Brantley, H. H. Brantley, H. L. Bray Cato Cheeks Clarke Collins, J. F. Cooper, J. R. Crowe, William Crowe, W. J. Davis Dean Dickinson Dixon Dollar Dorminy Doster Douglas Edwards Fallin Farmer Funk Gay

Gaynor Gignilliat Grahl Gunter Hall Harrison Higginbotham Holder Jenkins Joiner Jones, C. M. Kaylor Kirksey Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Lowrey M alone Mason Matthews, C. Mauldin Miller Mixon Murphy Nash Nessmith Newton Nimmer

Northcutt Otwell Pafford Paris Parker, C. A. Parker, H. W. Parrish Peter son Pickard Poss Ragland Rainey Roach Rush Savage Shanahan Shuman Smith, G. W. Stalnaker Steis Sullivan Sweat Thompson, R. Threadgill Tye Underwood Ward Wells Whaley Wilson, R. W. Wood

Those voting in the negative were Messrs.

Alexander Bennett Blalock Bond Branch Brown, C. Games Collins, M. Cook, R. M. Cooper, B. Cox, W. J. Daugherty Dent Dillon Farrar Gary Graves Grier

Hamilton Harris, J. F. Harris, J. R. Harris, R. W. Hood Howard Hutchinson Johnson, A. S. Jordan, G. Knapp Lewis Lovell McClatchey Merritt Moore, J. H. Palmer Phillips Potts

Reaves Richardson Rowland Scarlett Sherman Simmons Sims Smith, J. R. Smith, W. L. Starnes Thompson, A. W. Townsend Turner Vaughan, D. N. Vaughn, C. R. Walling Wilson, J. M. Winkles

788

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Black Bostick Bowen Brown, B. D. Buck Busbee Caldwell Gates Chandler Cole Colwell Conner Dailey DeLong Dodson Egan Fleming Floyd Hadaway Hale

Hargrett Harrington Henderson Hill Howell Johnson, B. Jones, M. Jordan, W. H. Laite Lambert Lambros Leonard Le vitas Longino Magoon Matthews, D, R. Maxwell McCracken McDaniell Melton

Moate Moore, Don C. Moreland Mullinax Odom Oglesby Ross Russell Shields Smith, V. T. Snow Tucker Wamble Ware Westlake Wiggins Williams Mr. Speaker

On the adoption of the amendment, the ayes were 93, nays 54.

The amendment was adopted.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows :

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Battle Berry, C. E. Berry, J. K. Black Blalock Bond Branch Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Carnes

Cheeks Clarke Cole Collins, J. F. Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Daugherty Dean DeLong Dent Dickinson Dillon

Dixon Dorminy Doster Douglas Edwards Egan Farmer Farrar Fleming Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier

THURSDAY, FEBRUARY 1, 1968

789

Hadaway Hall Hamilton Hargrett Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Hill Hood Howard Hutchinson Johnson, A. S. Joiner Jordan, G. Kaylor Kirksey Knapp Land Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Lovell Lowrey Malone

Matthews, C. Maxwell McClatchey Merritt Miller Mixon Moate Moore, J. H. Mullinax Nash Newton Nimmer Odom Oglesby Otwell Palmer Paris Parker, H. W. Peterson Phillips Pickard Poss Potts Reaves Richardson Roach Rowland Rush Russell

Savage Scarlett Shanahan Sherman Shields Simmons Sims Smith, W. L. Starnes Steis Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ward Wells Wilson, J. M. Wilson, R. W. Winkles Wood

Those voting in the negative were Messrs.

Barfield Bennett Cato Collins, M. Davis Dollar Fallin Gunter Higginbotham

Jenkins Lane, W. J. Mason Mauldin Murphy Nessmith Northcutt Pafford Parker, C. A.

Parrish Rainey Shuman Smith, G. W. Smith, J. R. Sullivan Wamble Westlake Whaley

Those not voting were Messrs.:

Bostick Bo wen Bray Buck Busbee Caldwell Gates Chandler Colwell Dailey

Dodson Floyd Hale Harrington Holder Howell Johnson, B. Jones, C. M. Jones, M. Jordan, W. H.

Laite Lambert Lambros Leonard Longino Magoon Matthews, D. R. McCracken McDaniell Melton

790
Moore, Don C. Moreland Ragland Ross

JOURNAL OP THE HOUSE,

Smith, V. T. Snow Stalnaker Tucker

Ware Wiggins Williams Mr. Speaker

On the passage of the Bill, as amended, the ayes were 136, nays 27.

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

Mr. Johnson of the 40th stated that he had been called from the floor of the
House when the roll was called on HB 911, as amended, but had he been present would have voted "aye".

Mr. Jones of the 76th stated that he had been called from the floor of the House when the roll was called on HB 911, as amended, but had he been present would have voted "aye".

HB 928. By Mr. Alexander of the 133rd:
A Bill to be entitled an Act to provide that a person prosecuting a lien on personal property shall give bond in at least double the amount sworn to be due, payable to the defendant, for all costs and damages sustained in consequence of prosecuting such lien under certain cir cumstances; and for other purposes.

The following amendment was read and adopted:
Special Judiciary Committee moves to amend House Bill No. 928 as follows:
By striking from Section 1 wherever the same shall appear the following:
", or it shall appear that the amount sworn to be due was not due",
and substituting in lieu thereof the following:
"or in the event the defendant has made a tender, shall fail to recover more than the amount tendered,".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

THURSDAY, FEBRUARY 1, 1968

791

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Alexander Ballard
Carnes
Cook Daugherty Dent

Dillon Egan Grier Hamilton Hood Jordan, G.

Lewis Matthews, C. Merritt Paris Steis Thompson, A. W.

Those voting in the negative were Messrs.:

Adams Anderson Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Bostick Bo wen Branch Brantley, H. H. Brantley, H. L. Bray Brown, C. Buck Caldwell Cheeks Cole Collins, J. F. Collins, M. Cooper, B. Cooper, J. B. Crowe, William Crow, W. J. Dailey Davis DeLong Dickinson Dixon Dodson Doster Douglas Edwards Pallin Floyd Gary Gay

Gaynor Gignilliat Grahl Graves Gunter Hall Hargrett Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Howard Hutchinson Jenkins Johnson, A. S. Joiner Jones, C. M. Jones, M. Kaylor Kirksey Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Longino Lovell Lowrey M alone Mauldin Maxwell Miller

Mixon Moate Moore, Don C. Moore, J. H. Mullinax Murphy Nash Nessmith Newton Nimmer Oglesby Otwell Pafford Palmer Parker, C. A. Parker, H. W. Parrish Peterson Phillips Poss Potts Rainey Reaves Richardson Roach Ross Rowland Rush Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, W. L.

792
Stalnaker Starnes Sullivan Sweat Thompson, R. Threadgill

JOURNAL OF THE HOUSE,

Tye Underwood Vaughan, D. N. Walling Ware Wells

Westlake Whaley Williams Wilson, J. M. Winkles Wood

Those not voting were Messrs.:

Blalock Bond Brown, B. D. Busbee Gates Cato Chandler Clarke Colwell Conner Cox Dean Dollar Dorminy Farmer Farrar Fleming Funk

Hadaway Hale Harrington Howell Johnson, B. Jordan, W. H. Knapp Laite Lambert Lambros Magoon Mason Matthews, D. R. McClatchey McCracken McDaniell Melton Moreland

Northcutt Odom Pickard Ragland Russell Smith, V. T. Snow Townsend Tucker Turner Vaughn, C. R. Wamble Ward Wiggins Wilson, R. W. Mr. Speaker

On the passage of the Bill, as amended, the ayes were 18, nays 135.

The Bill, as amended, having failed to receive the requisite constitutional majority, was lost.

Mr. Johnson of the 40th stated that he had been called from the floor of the House when the roll was called on HB 928, as amended, but had he been present would have voted "nay".

HB 1111. By Messrs. Harrison of the 98th, Scarlett of the 85th, Whaley of the 115th, Colwell of the 5th and others:
A Bill to be entitled an Act to amend an Act revising, consolidating and superseding the laws of this State relative to game and fish, so as to change the license fees for commercial fishing boats; and for other purposes.

The following amendments were read and adopted: Mr. Jones of the 76th moves to amend HB 1111 as follows:

THURSDAY, FEBRUARY 1, 1968

793

By striking the period at the end of the second sentence of quoted Section 94(a) of Section 3 and by adding at the end thereof the following:

", during the months of June, July, August, and September, and fifty-five (55) shrimp with heads on to the pound during the months of January, May, October, November and December."

Mr. Jones of the 76th moves to amend HB 1111 as follows:

By inserting in the title before the phrase, "to provide penalties for violations of the provisions of this Act;" the following:

"to provide for the taking of crabs with power drawn nets in certain waters;"

By adding a new subsection at the end of quoted Section 94 of Section 3 to be designated as subsection (g) to read as follows:

"(g) Nothing contained in this section shall be construed so as to prohibit any person from taking crabs, with power drawn nets, from Sapelo sound or any waters outside, on the seaward side, of any sounds at any time during the year with nets of four and one-half (4 1/2) inch stretched mesh only."

Mr. Jones of the 76th moves to amend HB 1111 as follows:

By striking the first sentence of quoted Section 94 (d) of Section 3 in its entirety and inserting in lieu thereof a new first sentence of quoted Section 94(d) to read as follows:

"It shall be unlawful at any time for any person, firm, or corporation to have in possession any shrimp which count of said shrimp exceeds 45 shrimp with heads on to the pound, or 74 shrimp with heads off to the pound, during the months of June, July, August, and September, or 55 shrimp with heads on to the pound, or 91 shrimp with heads off to the pound, during the months of January, May, October, November and December except as to shrimp used for live bait."

Mr. Harrison of the 98th moves to amend HB 1111 as follows:

By striking the period at the end of the next to last sentence of quoted Section 94(a) of Section 3 and by adding at the end thereof the following:

", provided that such count shall be made in the presence of two residents of the county affected, both of whom shall be commercial shrimpers."

Mr. Harrison of the 98th moves to amend HB 1111 as follows:

794

JOURNAL OP THE HOUSE,

By inserting before the phrase, "to repeal conflicting laws;" the following:

"to provide for severability;"

By renumbering Section 7 as Section 8.

By adding a new Section 7 to read as follows:

"Section 7. Should any section of this Act be declared un constitutional, such section shall have no effect upon the validity of any other section in this Act and all sections are declared to be severable."

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, as amended, the ayes were 122, nays 0.

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

HB 1030. By Messrs. Dickinson of the 27th, Ballard of the 37th, Collins of the 62nd, Carnes of the 129th, Walling of the 118th and others:
A Bill to be entitled an Act to amend Code Section 109A-2-318, relating to third party beneficiaries of express or implied warranties of goods, so as to provide that lack of privity between the plaintiff and defendant shall be no defense in any action brought against the manufacturer or seller; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Ballard Barber Barfield Battle Bennett

Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Branch

Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Caldwell

THURSDAY, FEBRUARY 1, 1968

795

Carnes Gates Cato Chandler Cheeks Clarke Collins, J. F. Conner Cook Cooper, B. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean Dickinson Dillon Dixon Dodson Dollar Dorminy Doster Douglas Egan Fallin Farmer Farrar Floyd Funk Gary Gay Gaynor Gignilliat Grier Gunter Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Holder

Hood Howard Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Mauldin McClatchey McDaniell Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Mullinax Murphy Nash Nessmith Newton Nimmer Pafford

Palmer Parker, C. A. Parker, H. W. Parrish Peterson Phillips Poss Potts Reaves Richardson Roach Rowland Rush Russell Savage Scarlett Shanahan Shields Simmons Sims Smith, G. W. Smith, W. L. Stalnaker Starnes Sullivan Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Wilson, J. M. Winkles Wood

Those voting in the negative were Messrs.

Graves

Hale

Those not voting were Messrs.:

Anderson Bowen

Busbee Cole

Collins, M. Colwell

796
Cooper, J. R. DeLong Dent Edwards Fleming Grahl Hadaway Hall Hill Howell Jones, C. M. Leonard Matthews, D. R.

JOURNAL OP THE HOUSE,

Maxwell McCracken Melton Moreland Northcutt Odom Oglesby Otwell Paris Pickard Ragland Rainey Ross

Sherman Shuman Smith, J. R. Smith, V. T. Snow Steis Tucker Wigging Williams Wilson, R. W. Mr. Speaker

On the passage of the Bill, the ayes were 160, nays 2.

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

HB 1155. By Messrs. Levitas of the 118th, Wiggins of the 32nd and McCracken of the 49th:
A Bill to be entitled an Act to amend Code Title 34, so as to provide that any political party or body seeking to have the names of their candidates for the office of presidential electors placed upon the ballot through nomination petitions shall not be required to compile a separate petition for each candidate for such office, but shall compile petitions upon which the entire slate of candidates of such party or body for the office of presidential electors are listed; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Barber Bennett Berry, C. E. Blalock Bond Bostick Branch

Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Cato Chandler Cheeks Cole

Collins, J. F. Collins, M. Colwell Conner Cooper, J. R. Cox Crowe, William Crowe, W. J. Dean Dent

THURSDAY, FEBRUARY 1, 1968

797

Dickinson Dillon Dixon Doster Douglas Edwards Fallin Farmer Farrar Fleming Funk Gary Gay Gaynor Grahl Graves Grier Hale Hamilton Harris, J. F. Harris, J. R. Harris, R. W. Harrison Holder Hood Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, W. H.

Knapp Laite Lambert Lambros Lee, W. J. (Bill) Leggett Leonard Levitas Longino Lovell Lowrey Magoon Mason Matthews, C. Mauldin McClatchey McCracken Melton Merritt Miller Moate Moore, Don C. Moore, J. H. Moreland Mullinax Newton Northcutt Otwell Peterson Phillips Pickard Potts Rainey

Reaves Richardson Roach Rowland Rush Russell Scarlett Shanahan Shuman Simmons Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Sullivan Sweat Thompson, A. W. Thompson, R. Threadgill Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Wells Wiggins Williams Wood

Those voting in the negative were Messrs.:

Ballard Barfield Battle Berry, J. K. Black Bowen Brantley, H. H. Brantley, H. L.
Clarke Cook Cooper, B. Davis DeLong Dodson Dorminy Egan Gignilliat Gunter Hall Hargrett

Harrington Henderson Higginbotham Hill Howard Joiner Jordan, G. Kaylor Kirksey Lane, Dick Lane, W. J. Lee, W. S. Lewis Malone Matthews, D. R. Maxwell McDaniell Mixon Murphy Nessmith

Nimmer Oglesby Pafford Parker, C. A. Parrish Poss Ragland Ross Savage Sherman Sims Smith, G. W. Townsend Turner Westlake
Whaley Wilson, J. M. Wilson, R. W. Winkles

798

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Bray Gates Dailey Daugherty Dollar Floyd

Hadaway Land Nash Odoni Palmer Paris

Parker, H. W. Shields Steis Tucker Ware Mr. Speaker

On the passage of the Bill, the ayes were 128, nays 59.

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

Mr. Parker of the 55th stated that he had been called from the floor of the House when the roll was called on HB 1155, but had he been present would have voted "nay".

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreement to the House amendment to the same:

SB 181. By Senator Padgett of the 23rd:
A Bill to be entitled an Act to amend Code Title 34 constituting the "Georgia Election Code", so as to provide that any incumbent who pre viously accompanied his notice of candidacy with a nomination petition shall not again be required to accompany his notice of candidacy with such petition upon qualifying as a candidate to succeed himself; and for other purposes.

Mr. McCracken of the 49th moved that the House recede from its position in amending the Senate Bill.

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

Those voting in the affirmative were Messrs.:

Adams Alexander Ballard Barber Barfield Battle Bennett Berry, C. E.

Berry, J. K. Blalock Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L.

Bray Brown, B. D. Brown, C. Buck Carnes Gates Cato Chandler

THURSDAY, FEBRUARY 1, 1968

799

Cheeks Cole Coiling, J. P. Collins, M. Conner Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Daugherty Dean DeLong Dent Diekinson Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards Fallin Farmer Fleming Funk Gary Gay Gaynor Gignilliat Grahl Graves Gunter
Hall
Hamilton
Hargrett
Harrington
Harris, J. F.
Harris, J. R.
Harris, R. W.
Harrison
Henderson
Hill
Holder
Hood
Howard

Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, M. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambros Land Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Merritt Miller Mixon
Moore, Don C.
Moore, J. H.
Mullinax
Murphy
Nash
Nessmith
Newton
Nimmer
Northcutt
Otwell
Pafford
Palmer
Parker, C. A.

Parker, H. W. Parrish Peterson Phillips Potts Ragland Rainey Reaves Richardson Roach Rowland Rush Russell Savage Scarlett Shanahan Sherman Shuman Simmons Sims Smith, V. T. Stalnaker Starnes Sullivan Sweat Thompson, A. W. Thompson, R. Threadgill Turner Tye Underwood Vanghan, D. N. Vaughn, C. R, Walling
Wamble
Ward
Ware
Wells
Westlake
Whaley
Wiggins
Williams
Wilson, J. M.
Wilson, R. W. Winkles
Wood

Those voting in the negative were Messrs.:

Egan Ross

Smith, G. W. Smith, W. L.

800

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Anderson Black Busbee Caldwell Clarke Colwell Cook Dailey Davis Farrar Floyd Grier Hadaway

Hale Higginbotham Howell Jones, C. M. Jordan, G. Lambert Lane, W. J. Leonard Matthews, D. R. Melton Moate Moreland Odom

Oglesby Paris Pickard Poss Shields Smith, J. R. Snow Steis Townsend Tucker Mr. Speaker

On the motion, the ayes were 164, nays 4.

The motion prevailed, and the House receded from its position in amending SB 181.

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

HB 281. By Messrs. Starnes of the 13th and Bennett of the 95th:
A Bill to be entitled an Act to amend Code Chapter 26-11 relating to the crimes of abortion, foeticide and infanticide, so as to provide for the additional exceptions where such acts are undertaken or accomplished by physicians; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend Code Chapter 26-11 relating to the crimes of abortion, foeticide and infanticide, so as to provide for the additional exceptions where such acts are undertaken or accomplished by physicians; to provide the circumstances when such acts shall be lawful; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 26-11 relating to the crimes of abortion, foeticide and infanticide, is hereby amended by striking and Chapter in its entirety and inserting in lieu thereof a new Chapter 26-11 to read as follows:

THURSDAY, FEBRUARY 1, 1968

801

"Chapter 26-11. Abortion, Foeticide and Infanticide.

"26-1101. Criminal abortion; punishment.

(a) Criminal abortion. Except as otherwise provided in. this Chap ter, a person commits criminal abortion when he administers any medi cine, drug or other substance whatever to any woman or when he uses any instrument or other means whatever upon any woman with intent to produce a miscarriage or abortion. It shall not be necessary in order to commit a criminal abortion that the woman be pregnant and that a termination of the pregnancy be accomplished.

(b) Punishment. A person convicted of criminal abortion shall be punished by imprisonment for not less than one (1) year nor more than ten (10) years.

"26-1102. Foeticide; punishment. The wilful killing of an un born child so far developed as to be ordinarily called "quick", by any injury to the mother of such child, which would be murder if it re sulted in the death of such mother, shall be punished by death or im prisonment for life, as the jury may recommend.

"26-1103. Punishment of persons advising killing of infants, li any person shall counsel, advise, or direct a woman to kill the child with which she is pregnant, and after she is delivered of such child she shall kill it, every person so advising or directing shall be deemed an accessory before the fact to such murder, and shall have the same punishment as the principal.

"26-1104. Concealment of child's death. The constrained pre sumption arising from the concealment of the death of any child, that the child whose death is concealed was therefore murdered by the mother, shall not be sufficient or conclusive evidence to convict the person indicted for the murder of her child, unless proof shall be given that the child was born alive, nor unless the attending cir cumstances shall be such as shall satisfy the minds of the jury that the mother did wilfully and maliciously destroy and take away the life of such child.

"26-1105. Concealment of death of bastard child. If any woman shall conceal or attempt to conceal the death of any issue of her body, which, if it were born alive, would be a bastard, so that it may not come to light whether it was murdered or not, she shall be guilty of a misdemeanor.

"26-1106. Exceptions; opinions.

(a) Exception. Nothing in this Chapter shall be construed to pro hibit an abortion performed by a physician duly licensed to practice medicine and surgery pursuant to Chapter 84-9 of the Code of Georgia of 1933, as amended, based upon his best clinical judgment that an abor tion is necessary because:

802

JOURNAL OF THE HOUSE,

(1) A continuation of the pregnancy would endanger the life of the pregnant woman or would seriously and permanently injure her health; or

(2) The fetus would likely be born with a grave, permanent, and irremediable mental or physical defect; or

(3) The pregnancy resulted from forcible or statutory rape.

(b) No abortion is authorized or shall be performed under this Section unless each of the following conditions is met:

(1) The pregnant woman requesting the abortion certifies in writ ing under oath and subject to the penalties of false swearing to the physician who proposes to perform the abortion that she is a bona fide legal resident of the State of Georgia.

(2) The physician certifies that he belives the woman is a bona fide resident of this State and that he has no information which should lead him to believe otherwise.

(3) Such physician's judgment is reduced to writing and concurred in by at least two other physicians duly licensed to practice medicine and surgery pursuant to Chapter 84-9 of the Code of Georgia of 1933, as amended, who certify in writing that based upon their separate personal medical examinations of the pregnant woman, the abortion is, in their judgment, necessary because of one or more of the reasons enumerated above.
(4) Such abortion is performed in a hospital licensed by the State Board of Health and accredited by the Joint Commission on Accredita tion of Hospitals.
(5) The performance of the abortion has been approved in advance by a committee of the medical staff of the hospital in which the opera tion is to be performed. This committee must be one established and maintained in accordance with the standards promulgated by the Joint Commission on the Accreditation of Hospitals, and its approval must be by a majority vote of a membership of not less than three members of the hospital's staff; the physician proposing to perform the operation may not be counted as a member of the committee for this purpose.
(6) If the proposed abortion is considered necessary because the woman has been raped, the woman makes a written statement under oath, and subject to the penalties of false swearing, of the date, time and place of the rape and the name of the rapist, if known. There must be attached to this statement a certified copy of any report of the rape made by any law enforcement officer or agency and a statement by the solicitor general of the judicial circuit where the rape occurred or allegedly occurred that, according to his best information, there is prob able cause to believe that the rape did occur.
(7) Such written opinions, statements, certificates, and concur rences are maintained in the permanent files of such hospital and are

THURSDAY, FEBRUARY 1, 1968

803

available at all reasonable times to the solicitor general of the judicial circuit in which the hospital is located.

(8) A copy of such written opinions, statements, certificates, and concurrences is filed with the Director of the State Department of Public Health within ten (10) days after such operation is performed.

(c) Any solicitor general of the judicial circuit in which an abortion is to be performed under this Section, or any person who would be a rela tive of the child within the second degree of consanguinity, may petition the Superior Court of the County in which the abortion is to be per formed for a declaratory judgment whether the performance of such abortion would violate any constitutional or other legal rights of the fetus. Such solicitor general may also petition such court for the purpose of taking issue with compliance with the requirements of this Section. The physician who proposes to perform the abortion and the pregnant woman shall be respondents. The petition shall be heard expeditiously and if the Court adjudges that such abortion would violate the constitu tional or other legal rights of the fetus, the Court shall so declare and shall restrain the physician from performing the abortion.

(d) If an abortion is performed in compliance with this Section, the death of the fetus shall not give rise to any claim for wrongful death.

(e) Nothing in this Section shall require a hospital to admit any patient under the provisions hereof for the purpose of performing an abortion, nor shall any hospital be required to appoint a committee such as contemplated under Subsection (b) (5). A physician, or any other person who is a member of or associated with the staff of a hospital, or any employee of a hospital in which an abortion has been authorized, who shall state in writing an objection to such abortion on moral or religious grounds shall not be required to participate in the medical pro cedures which will result in the abortion, and the refusal of any such person to participate therein shall not form the basis of any claim for damages on account of such refusal or for any disciplinary or recrimina tory action against such person."

Section 2. All laws and parts of laws in conflict with this Act hereby repealed.

By unanimous consent, further consideration of the Senate substitute to HB 281 was postponed until tomorrow.

The Speaker announced the House recessed until 1:30 P. M. AFTERNOON SESSION
The Speaker called the House to order.
Under the general order of business, the following Bills and Resolution of the House were taken up for consideration and read the third time:

804

JOURNAL OF THE HOUSE,

HB 865. By Mr. Richardson of the 116th:
A Bill to be entitled an Act to provide that it shall be unlawful for any person to possess a firearm during the commission or attempt to commit any felony; to provide a penalty therefor; and for other purposes.

The following amendment was read and adopted:

Committee on Special Judiciary moves to amend HB 865 as follows:

Change the penalty in paragraph 1 to not less than 1 nor more than 5 years.

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Barber Barfield Battle Bennett Berry, J. K. Blalock Bostick Branch Brantley, H. L. Bray Carnes Cato Chandler Cheeks Clarke Collins, M. Colwell Cooper, B. Cooper, J. R. Cox Davis Dean DeLong Dent Dillon Dixon

Dodson Dollar Dorminy Douglas Edwards Egan Pallin Farmer Funk Gary Gay Gaynor Gignilliat Grahl Graves Gunter Hall Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham Howard Howell Hutchinson Jenkins

Johnson, B. Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kirksey Knapp Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Lowrey Matthews, D. R. Mauldin Maxwell McDaniell Merritt Miller Mixon Moore, J. H. Moreland Nash Nessmith

Odom Parker, C. A. Poss Ragland Rainey Reaves Richardson Roach Ross Rush Russell

THURSDAY, FEBRUARY 1, 1968

805

Savage Scarlett Shanahan Sherman Shuman Simmons Sims Smith, G. W. Smith, V. T. Starnes Sweat

Townsend Underwood Vaughan, D. N. Vaughn, C. R.
Walling Wamble Ward Westlake Whaley Wilson, J. M. Wilson, R. W.

Those voting in the negative were Messrs.

Alexander Anderson Ballard Berry, C. E. Black Bowen Brantley, H. H. Brown, B. D. Cole Crowe, William Daugherty

Farrar Grier Hadaway Hamilton Hargrett Hood Johnson, A. S. Kaylor McClatchey Moore, Don C. Nimmer

Pafford Parrish Potts Rowland Smith, J. R. Smith, W. L. Snow Thompson, A. W. Williams Winkles Wood

Those not voting were Messrs.:

Bond Brown, C. Buck Busbee Caldwell Cates Collins, J. F. Conner Cook Crowe, W. J. Dailey Dickinson Doster Fleming Floyd Hale Henderson Hill Holder Joiner

Laite Lambert Land Leonard Longino Lovell Magoon Malone Mason Matthews, C. McCracken Melton Moate Mullinax Murphy Newton Northcutt Oglesby Otwell Palmer

Paris Parker, H. W. Peterson Phillips Pickard Shields Stalnaker Steis Sullivan Thompson, R. Threadgill Tucker Turner Tye Ware Wells Wiggins Mr. Speaker

On the passage of the Bill, as amended, the ayes were 114, nays 33.

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

806

JOURNAL OF THE HOUSE,

SB 209. By Senator Minish of the 48th:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", as amended, so as to change the speed restrictions for vehicles on certain highways; to repeal conflict ing laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 113, nays 0.

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

SB 100. By Senator Fincher of the 51st:
A Bill to be entitled an Act to amend an Act known as the "Georgia Health Code", approved March 18, 1964, as amended, relating to En forcement and Administrative Procedure; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander
Ballard Barber Bennett Blalock Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Brown, B. D. Carnes Cato Cole Conner

Cooper, B. Cox
Daugherty Dean Dent Dickinson Dillon Dodson Dollar Doster Douglas Egan Funk Gary Gay Graves

Hall Harris, J. F.
Harris, J. R. Harris, R. W. Harrison Holder Howard Jenkins Johnson, A. S. Johnson, B. Jones, M. Kirksey Lane, Dick Lee, W. J. (Bill) Leonard Lewis

THURSDAY, FEBRUARY 1, 1968

807

Longino Lowrey Mason Merritt
Moore, J. H. Moreland Mullinax Nessmith Newton Nimmer Parker, C. A. Peterson

Reaves Ross Rush Scarlett Shanahan
Simmons Sims
Smith, J. R. Smith, V. T. Snow Stalnaker Starnes

Steis Sweat Threadgill
Town send Turner
Walling Wamble Ward Ware Wells Williams

Those voting in the negative were Messrs.:

Anderson Berry, J. K.
Black Branch Clarke Collins, M. Cooper, J. R. Crowe, William Dailey Dixon Edwards Fallin Gaynor Gignilliat Gunter

Hargrett Henderson Hill Hutchinson Joiner Kaylor Lee, W. S. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Miller Moore, Don C. Pafford

Parrish Poss Potts Ragland Richardson Roach Rowland Sherman Smith, W. L. Whaley Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Barfield Battle Berry, C. E. Bray Brown, C. Buck Busbee Caldwell Gates Chandler Cheeks Collins, J. F. Colwell Cook Crowe, W. J. Davis DeLong Dorminy Farmer Farrar

Fleming Floyd Grahl Grier Hadaway Hale Hamilton Harrington Higginbotham Hood Howell Jones, C. M. Jordan, G. Jordan, W. H. Knapp Laite Lambert Lambros Land Lane, W. J.

Leggett Levitas Lovell Magoon Malone Matthews, C. McCracken Melton Mixon Moate Murphy
Nash Northcutt Odom Oglesby Otwell Palmer Paris Parker, H. W. Phillips

808
Pickard Rainey Russell Savage Shields Shuman

JOURNAL OF THE HOUSE,

Smith, G. W. Sullivan Thompson, A. W. Thompson, R. Tucker Tye

Underwood Vaughan, D. N. Vaughn C. R. Westlake Wiggins Mr. Speaker

On the passage of the Bill, the ayes were 83, nays 44.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Smith of the 3rd gave notice that at the proper time he would ask the House to reconsider its action in failing to give the requisite constitutional ma jority to SB 100.

HB 999. By Messrs. Williams, Wood and Cooper of the 16th:
A Bill to be entitled an Act to amend the Uniform Act Regulating Traffic on Highways, so as to provide that if a vehicle is being driven at a speed less than at normal speed of traffic moving in the same direction at such time, and is not being driven in the right-hand lane of traffic, it shall constitute prima facie evidence that the driver is operating the vehicle in violation of Article VII, Section 55, Subsection (b) of this Act; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock

Bond Bostick Bo wen Branch Brantley, H. H. Brantley, H. L. Brown, B. D. Buck Caldwell Carnes Gates

Cato Cheeks Clarke Cole Collins, J. F. Collins, M. Conner Cook Cooper, B. Cooper, J. R. Cox

THURSDAY, FEBRUARY 1, 1968

809

Crowe, William Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Dollar Doster Douglas Edwards Egan Fallin Farrar Fleming Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway Hall Hamilton Hargrett Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howard Howell Hutchinson Jenkins Johnson, A. S.

Johnson, B. Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Lambert Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Longino Lowrey Mason Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Merritt Miller Mixon Moore, Don C. Moore, J. H. Moreland Mullinax Nash Nessmith Newton Nimmer Odom Oglesby Pafford Paris Parker, C. A. Parrish Peterson Pickard Poss

Potts Ragland Rainey Reaves Richardson Roach Rush Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those voting in the negative were Messrs.

Dorminy

Smith, G. W.

Those not voting were Messrs.:

Barber Bray

Brown, C. Busbee

Chandler Colwell

810
Crowe, W. J. Farmer Floyd Hale Harrington Joiner Laite Land Lovell

JOURNAL OF THE HOUSE,

Magoon Malone Matthews, C. McCracken Melton Moate Murphy Northcutt Otwell

Palmer Parker, H. W. Phillips Ross Rowland Russell Tucker Wiggins Mr. Speaker

On the passage of the Bill, the ayes were 170, nays 2.

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

HB 921. By Messrs. Murphy of the 26th and Blalock of the 33rd: A Bill to be entitled an Act to amend Code Chapter 26-28, so as to provide that no person shall intentionally convert to his own use any personal property which has been delivered under the terms of a lease or rental agreement in violation of the agreement and to the damage of the owner or lessor; to provide presumptions; and for other purposes.
The following amendment was read and adopted:
Judiciary Committee moves to amend HB 921 in the following manner:
1. By striking from the sixth line of the title the words "a felony" and substituting in lieu thereof the following:
"punishable by imprisonment for not less than one nor more than five years".
2. By striking subsection (d) of quoted Code Section 26-2816 as set forth in Section 1 and substituting in lieu thereof the following:
"(d) Any person violating Section (a) shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than five years, except if the value of the property converted is one hundred ($100) dollars or less, the person violating Section (a) shall, upon conviction, be punished as for a misdemeanor."
3. By striking subsection (c) of quoted Code Section 26-2816 as set forth in Section 1 in its entirety.
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

THURSDAY, FEBRUARY 1, 1968

811

On the passage of the Bill, as amended, the ayes were 118, nays 0.

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

HB 996. By Mr. Snow of the 1st:
A Bill to be entitled an Act to amend an Act providing for publication or distribution of a statement of financial condition of each incor porated municipality, approved April 11, 1967, p. 481, so as to pro vide for publication of the statement of financial condition six months after the close of the fiscal year of each incorporated municipality; and for other purposes.

The following amendment was read and adopted: Mr. Snow of the 1st moves to amend HB 996 as follows: (a) By deleting in line 6 the words "a general balance sheet and." (b) By deleting in line 8 the words "balance sheet and".

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, J. K. Blalock Bond Bostick Bo wen Branch Brantley, H. H. Brantley, H. L.

Bray Brown, B. D. Buck Caldwell Carnes Gates Cato Cheeks Clarke Cole Collins, J. F. Collins, M. Conner Cooper, B. Cooper, J. R. Cox

Crowe, William Daugherty Dean Dent Dickinson Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards Egan Fallin Farmer

812
Parrar Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hale Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Hill Holder Hood Howard Howell Hutchinson Jenkins Johnson, B. Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Lambert Lambros Lane, Dick

JOURNAL OP THE HOUSE,

Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lovell Lowrey M alone Mason Matthews, D. R. Mauldin Maxwell McCracken McDaniell Merritt Miller Mixon Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Newton Nimmer Odom Otwell Palmer Paris Parker, C. A. Peterson Pickard Poss Potts Ragland Rainey Reaves Richardson

Roach Ross Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Tye Underwood Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Williams
Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Berry, C. E. Black Brown, C. Busbee Chandler Colwell Cook Crowe, W. J. Dailey Davis DeLong

Hadaway Higginbotham Johnson, A. S. Joiner Laite Land Leggett Le vitas Magoon Matthews, C. McClatchey

Melton Moate Northcutt Oglesby Pafford Parker, H. W. Parrish Phillips Rowland Smith, J. R. Smith, V. T.

Tucker Turner

THURSDAY, FEBRUARY 1, 1968

813

Vaughan, D. N. Wiggins

Mr. Speaker

On the passage of the Bill, as amended, the ayes were 167, nays 0.

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

SB 79. By Senator Johnson of the 42nd:
A Bill to be entitled an Act to amend Code Chapter 24-1, so as to author ize judges of the courts in this State, the clerks thereof, and the prose cuting officials and public defenders to attend institutes and other programs of an educational nature; to provide that the expenses in volved shall be a proper expenditure of public funds; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Anderson Ballard Barber Battle Berry, C. E. Berry, J. K. Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Buck Gates Cato Clarke Cole Conner Cooper, B. Cooper, J. R. Crowe, William Davis

Dean Dent Dodson Dollar Doster Douglas Edwards Egan Fallin Farmer Farrar Funk Gay Gaynor Gignilliat Grahl Graves Grier Gunter Harrington Harris, J. F. Harris, J. R.

Harrison Henderson Hill Holder Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, G. Kaylor Knapp Lambros Lee, W. S. Leggett Leonard Levitas Lewis

814
Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. McClatchey McCracken Merritt Miller Mixon Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Nimmer Odom Pafford

JOURNAL OF THE HOUSE,

Palmer Paris Parker, C. A. Parrish Peterson Phillips Pickard Poss Potts Ragland Reaves Richardson Roach Ross Rush Russell Savage Shanahan Sherman Shields Shuman Simmons Sims

Smith, G. W. Smith, W. L. Stalnaker Starnes Steis Sweat Thompson, R. Threadgill Townsend Turner Tye Vaughn, C. R. Walling Wamble Ware Wells Westlake Whaley Williams Wilson, J. M. Winkles Wood

Those voting in the negative were Messrs.:

Adams Carnes Cheeks Collins, J. F. Collins, M. Cox Dillon Dixon

Dorminy Fleming Gary Hall Kirksey Lane, Dick Lee, W. J. (Bill) Mauldin

McDaniell Rainey Rowland Scarlett Thompson, A. W. Underwood

Those not voting were Messrs.:

Alexander Barfield Bennett Black Blalock Bond Brown, B. D. Brown, C. Busbee Caldwell Chandler Colwell Cook Crowe, W. J. Dailey Daugherty DeLong

Dickinson Floyd Hadaway Hale Hamilton Hargrett Harris, R. W. Higginbotham Joiner Jordan, W. H. Laite Lambert Land Lane, W. J. Maxwell Melton Moate

Newton Northcutt Oglesby Otwell Parker, H. W. Smith, J. R. Smith, V. T. Snow Sullivan Tucker Vaughan, D. N. Ward Wiggins Wilson, R. W. Mr. Speaker

THURSDAY, FEBRUARY 1, 1968

815

On the passage of the Bill, the ayes were 134, nays 22.

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

HB 1066. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th, and Caldwell of the 51st:
A Bill to amend an Act creating the Georgia Higher Education Assistance Corporation, so as to make certain changes within the program of guaranteed student loans so as to comply with the federal requirements relating to guaranteed student loans; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 113, nays 0.

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

HR 494-1071. By Messrs. Westlake of the 119th, Brown of the 34th, Matthews of the 29th, Lane of the 64th, Odom of the 79th and Ballard of the 37th:
A Resolution to amend a Resolution relating to the Athletic Associations of the University of Georgia and the Georgia School of Technology, ap proved January 31, 1949 (Ga. Laws 1949, p. 29), so as to include within the provisions of said Resolution the Athletic Associations of all branches of the University System of Georgia; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Barfield

Bennett Berry, C. E. Bostick Branch Brantley, H. H. Brantley, H. L.

Bray Buck Caldwell Games Gates Cato

816
Chandler Cheeks Cole Collins, J. F. Collins, M. Colwell Conner Cooper, B. Cooper, J. R. Cox Crowe, William Daugherty Davis Dean DeLong Dent Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards Egan Fallin Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder

JOURNAL OF THE HOUSE,

Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Knapp Lambert Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Merritt Miller Mixon Moore, Don C. Moore, J. H. Mullinax Murphy Nash Nessmith Newton Nimmer Odom Otwell Pafford

Palmer Paris Parker, C. A. Parrish Peterson Pickard Poss Potts Rainey Reaves Richardson Roach Ross Rowland Rush Russell Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Turner Tye Underwood Vaughn, C. R. Walling Wamble Ward Ware Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Battle Berry, J. K. Black

Blalock Bond Bo wen

Brown, B. D. Brown, C. Busbee

Clarke Cook Crowe, W. J. Dailey Dickinson Hadaway Hale Hall Hamilton Joiner Kirksey

THURSDAY, FEBRUARY 1, 1968

817

Laite Land Matthews, D. R. Melton Moate Moreland Northcutt Oglesby Parker, H. W. Phillips Ragland

Savage
Scarlett Smith, J. R. Smith, V. T. Tucker Vaughan, D. N. Wells Wiggins Mr. Speaker

On the adoption of the Resolution, the ayes were 165, nays 0.

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

HB 1031. By Messrs. Egan of the 141st, Steis of the 100th, Dodson of the 107th and Scarlett of the 85th:
A Bill to be entitled an Act to amend Code Chapter 113-14, relating to inventories, appraisements and returns of the property of deceased per sons, so as to provide that the property of a deceased need not be ap praised under certain circumstances; to change the number of appraisers; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:
A Bill to be entitled an Act to amend Code Chapter 113-14, relating to inventories, appraisements and returns of the property of deceased persons, so as to provide that the property of a deceased need not be appraised under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Code Chapter 113-14, relating to inventories, appraisements and re turns of the property of deceased persons, is hereby amended by adding a new Code Section between Sections 113-1401 and 113-1402 to be desig nated as Code Section 113-1401 to read as follows:
"113-1401.1 Any provisions of this chapter to the contrary notwithstanding, the property shall not be appraised unless a request for an appraisement is filed with the ordinary by an heir or creditor of the deceased within ninety (90) days after the administrator files his inventory."

818

JOURNAL OF THE HOUSE,

SECTION 2

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

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, by substitute, the ayes were 115, nays 0.

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

HB 935. By Messrs. Murphy of the 26th and McClatchey of the 138th:
A Bill to be entitled an Act to amend Code Section 13-2023, so as to pro vide for the purchase of capital stock in subsidiary corporations organ ized for the purpose of exercising such incidental powers as may be necessary to carry on the business of banking.

Mr. Leonard of the 3rd moved that HB 935 be tabled.

The motion prevailed, and HB 935 was placed on the table.

Mr. Busbee of the 79th, Majority Floor Leader, stated that he was in com mittee meetings when the rolls were called on HR 529-1156, HR 531-1156, HB 911, HB 928, HR 494-1071, SB 79, HB 996, HB 999, SB 100, HB 865, HB 1155, HB 1030 and SB 181.

Mr. Steis of the 100th moved that the House do now adjourn until 10:00 o'clock, tomrorow morning and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

FRIDAY, FEBRUARY 2, 1968

819

Representative Hall, Atlanta, Georgia Friday, February 2, 1968.

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker,

The following poem and prayer were offered by Rev. Hubert A. (Baldy) White, Associate Minister, First Methodist Church, Atlanta, Georgia:
MY REASON FOR LIFE
I don't know how to say it, but somehow it seems to me That maybe we are stationed where God wants us to be; And the little place we are filling is the reason for our birth And just to do the things we do, He sent us down to earth. I reckon if God had wanted it otherwise He'd have made Us just a little different, a worse or a better grade; But since God knows and understands all things of land and sea, I fancy that He placed us where He wants us to be.
Sometimes I get to thinking when my labors I renew,
That I should like a higher place, with greater tasks to do,
But I come to the conclusion when the envying is stilled
That the post to which God sent us is the post He wanted filled.
So I just struggle along in the hope when day is through
That we are really necessary to the things God wants us to do.
There isn't any service I can give that I should scorn
For it may be just the reason God allowed us to be born.
ANON--Copied.
How often times, our Heavenly Father, have we received the gifts of Thine hands as though we earned them, then treat as common the uncommon things of life. Make us aware this morning, our Father, that we are Thy children seeking to build a better world so we ask that you would create within us clean hearts, alert minds and a dedication to Thy will for us. Our prayer this morning is for the Speaker of the House and members of the Legislature, the clerks and all who have a part in bringing to a conclusion the laws of this great State. Save us from shoddiness in life and keep us always close to Thee for we ask it in Thy holy name. Amen.

820

JOURNAL OF THE HOUSE,

By unanimous consent the call of the roll was dispensed with.

Mr. Black of the 56th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:

1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 1210. By Mr. Leggett of the 21st: A Bill to be entitled an Act to provide for the election of members of the Board of Education of Paulding County by the people; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1211. By Mr. Leggett of the 21st: A Bill to be entitled an Act to amend an Act placing the clerk of the superior court, the sheriff, ordinary, and the coroner of Paulding County on a salary basis in lieu of a fee basis, so as to increase the number of deputies the sheriff of Paulding County may appoint; and for other purposes.
Referred to the Committee on Local Affairs.

FRIDAY, FEBRUARY 2, 1968

821

HB 1212. By Mr. Rush of the 75th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Long County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff of Long County; and for other purposes.

HB 1214. By Messrs. Cole and Smith of the 3rd:
A Bill to be entitled an Act to amend an Act providing for the "Mayor and Council of the City of Dalton Employees' Pension Plan", so as to amend said Act to correct certain inequities in the Plan, to facilitate the Administration of the Plan, and to clarify certain language of the Plan as embodied in the original bill enacted by the General Assembly of the State of Georgia; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1215. By Messrs. Cole and Smith of the 3rd:
A Bill to be entitled an Act to amend an Act amending the charter of The City of Dalton, establishing the corporate limits, so as to incorporate in said City certain parts of Land Lots Nos. 141, 142, 163, 164, 197, 314, 351, 352, in the 12th District and 3rd Section, and certain parts of Land Lots Nos. 9, and 10 in the 13th District and 3rd Section of Whitfield County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1216. By Mr. Harris of the 85th:
A Bill to be entitled an Act to repeal an Act creating the Georgia Real Estate Investment Board, so as to abolish the Georgia Real Estate Invest ment Board and the Advisory Board; and for other purposes.
Referred to the Committee on Industry.

HR 555-1216. By Mr. Harris of the 85th:
A Resolution to compensate Mrs. Frances J. Williamson and her husband, Mr. James M. Williamson; and for other purposes.
Referred to the Committee on Appropriations.

HR 556-1216. By Mr. Harris of the 85th: A Resolution to compensate Mrs. Emily Wylie; and for other purposes.
Referred to the Committee on Appropriations.

HR 557-1216. By Messrs. Blalock and Potts of the 33rd:
A Resolution proposing an amendment to the Constitution, so as to create the Coweta County School System by merging the county school system

822

JOURNAL OF THE HOUSE,

of Coweta County and the independent school system of the City of Newnan; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1217. By Mr. Hale of the 1st:
A Bill to be entitled an Act to amend an Act authorizing the governing authorities of municipalities and counties to establish planning commis sions, so as to remove restrictions which limit the appointment of public officials to planning commissions; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1218. By Mr. Moate of the 39th:
A Bill to be entitled an Act to create and establish a Small Claims Court in each county having a population of not less than 9,977 and not more than 10,140; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1219. By Messrs. Pickard of the 112th, McClatchey of the 138th and Gignilliat of the 113th:
A Bill to be entitled an Act to amend an Act establishing a State Board of Registration for Professional Engineers and Land Surveyors, so as to make rosters of all registrants available upon request; to provide addi tional methods of examining candidates for registration; and for other purposes.
Referred to the Committee on Industry.

HB 1220. By Messrs. Westlake, Davis and Higginbotham of the 119th and Smith of the 117th:
A Bill to be entitled an Act to amend Code Section 47-1002, relating to the registration of attorneys and agents of parties interested in legisla tion, so as to provide that the Secretary of State shall issue identification badges to such persons; to require all such persons to wear such badges while in the State Capitol during sessions of the General Assembly; and for other purposes.
Referred to the Committee on State of Republic.

HR 559-1220. By Messrs. Harris, Levitas, Farrar and Walling of the 118th:
A Resolution proposing an amendment to the Constitution so as to author ize the City of Decatur in the County of DeKalb to issue and sell revenue anticipation obligations subject to and in accordance with the terms and provisions of the Act of the General Assembly approved March 31, 1937; and for other purposes.
Referred to the Committee on Local Affairs.

FRIDAY, FEBRUARY 2, 1968

823

HR 560-1220. By Messrs. Lowrey, Starnes and Graves of the 13th:
A Resolution proposing an amendment to the Constitution, so as to au thorize the General Assembly to provide for a special assessment for the registration of motor vehicles whose owners do not have liability in surance; and for other purposes.
Referred to the Committee on Insurance.

HR 561-1220. By Messrs. Lowrey of the 13th and Matthews of the 94th:
A Resolution creating the Joint Committee to Study Standards, Pro cedures and Laws Relating to Fertilizers and Insecticides; and for other purposes.
Referred to the Committee on Agriculture.

HB 1221. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to revise Chapter 9-2 of the Code of Georgia of 1933, as amended, relating to the admission to the bar of this State of attorneys licensed to practice law in another state of the United States or the District of Columbia, without examination; and for other purposes.
Referred to the Committee on Judiciary.

HB 1222. By Mr. Lambros of the 130th:
A Bill to be entitled an Act to amend Code Title 56-24, so as to provide that no liability insurance contractual provision which requires the in sured to comply fully with all conditions in the contract shall operate to defeat the insurer's duty to indemnify or pay on behalf of its insured unless the insurer shall first demonstrate that it has been prejudiced by the acts or omissions of its insured; and for other purposes.
Referred to the Committee on Insurance.

HB 1223. By Mrs. Hamilton of the 137th, Messrs. Egan of the 141st, Bond of the
136th, Brown of the 135th, Hill of the 121st and others: A Bill to be entitled an Act to amend an Act known as the "Housing Authorities Law", so as to provide that the authorities created by said Act shall be known as a "Housing and Redevelopment Authority", under certain circumstances; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1224. By Mrs. Hamilton of the 137th, Messrs. Egan of the 141st, Bond of the 136th, Brown of the 135th, Hood of the 124th and others:
A Bill to be entitled an Act to amend an Act to provide for a board of elections in each county of this State having a population of more than 500,000, so as to provide that the board of elections, with the consent of

824

JOURNAL OP THE HOUSE,

the governing authority of any such county shall be authorized to expend public funds for the purpose of distributing sample ballots and other material; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1225. By Mr. Harrison of the 98th:
A Bill to be entitled an Act to provide that it shall be unlawful for any person to set or construct any device on the lands of another person designed to capture livestock with the intent to remove same therefrom; and for other purposes.
Referred to the Committee on Agriculture.

HB 1226. By Mr. Caldwell of the 51st:
A Bill to be entitled an Act to amend Code Section 47-101, so as to re define certain representative districts and to reapportion Representatives among certain of the districts; and for other purposes.
Referred to the Committee on Legislative & Congressional Reapportionment.
By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the committees:

HB 1233. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th, and Caldwell of the 51st:
A Bill to be entitled an Act to amend an Act providing that the State of Georgia become a party to the "Southern Nuclear Compact", so as to provide that the funds necessary to carry out the provisions of the Act and Compact shall be paid from funds appropriated to or otherwise made available to the Executive Department; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 1234. By Messrs. Murphy of the 26th, Lane of the 64th, Paris of the 23rd and Caldwell of the 51st:
A Bill to be entitled an Act to amend an Act creating the State Board of Pardons and Paroles, so as to clarify certain requirements relating to the requirement that Board Members shall be required to write an opinion in every case considered by the Board; and for other purposes.
Referred to the Committee on Judiciary.

HB 1235. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th, and Caldwell of the 51st:
A Bill to be entitled an Act to amend an Act creating the State Board of Pardons and Paroles, sod as to provide a procedure for the promul-

FRIDAY, FEBRUARY 2, 1968

825

gation and adoption of Rules by the State Board of Pardons and Paroles; and for other purposes.
Referred to the Committee on Judiciary.

HB 1236. By Messrs. Murphy of the 26th, Lane of the 64th, Paris of the 23rd and Caldwell of the 51st:
A Bill to be entitled an Act to amend an Act reorganizing the State Department of Law, so as to provide additional subpoena powers for the office of the Attorney General; and for other purposes. Referred to the Committee on Judiciary.

HB 1237. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Bill to be entitled an Act to comprehensively and exhaustively revise, supersede and consolidate the laws relating to the State Board of Cor rections, and to prisons, public works camps and prisoners, so as to pro vide for a comprehensive, uniform method for the filing and disposition of detainers; to provide a method for prison inmates to demand trial upon pending indictments, accusations or informations; and for other purposes.
Referred to the Committee on Judiciary.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1199. By Mr. Parrish of the 96th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Lenox, so as to authorize the town council to lease certain described property; and for other purposes.

HB 1200. By Messrs. DeLong and Sherman of the 105th, Fleming, Maxwell of the 106th, Cheeks and Dent of the 104th:
A Bill to be entitled an Act to provide that it shall be unlawful for any person to deposit or dump trash, garbage, refuse and waste on any public or private property other than an approved sanitary landfill in certain counties; and for other purposes.
HR 546-1200. By Mr. Lovell of the 6th:
A Resolution authorizing and directing the State Librarian to furnish certain law books for the Judge of the Court of Ordinary of Rabun County; and for other purposes.
HR 547-1200. By Mr. Lovell of the 6th:
A Resolution authorizing and directing the State Librarian to furnish certain law books for the Judge of the Superior Court of Rabun County; and for other purposes.

826

JOURNAL OF THE HOUSE,

HR 548-1200. By Mr. Ross of the 31st:
A Resolution proposing an amendment to the Constitution to create the Lineolnton and Lincoln County Development Authority; and for other purposes.

HR 549-1200. By Mr. Roach of the 15th: A Resolution to compensate Mr. Glawer Pitts; and for other purposes.

HB 1201. By Mr. Rowland of the 48th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Wrightsville, so as to authorize the mayor and council of the City of Wrightsville to appoint a recorder for the mayor's court; and for other purposes.

HB 1202. By Mr. Rowland of the 48th:
A Bill to be entitled an Act to amend an Act so as to provide for a change in compensation of the deputy sheriff of Johnson County; and for other purposes.

HB 1203. By Messrs. Brown of the 135th, Bond of the 136th, Alexander of the 133rd and Mrs. Hamilton of the 137th:
A Bill to be entitled an Act to provide for the minimum hourly wage to be paid to certain employees of this State; and for other purposes.

HB 1204. By Messrs. Crowe of the 1st, McDaniell of the 101st, Cooper of the 103rd and others:
A Bill to be entitled an Act to amend an Act requiring the State Revenue Commissioner to examine the tax digests of the several counties for the purpose of determining whether the valuation of the various classes of property for taxation is reasonably uniform as between the counties, so as to provide that the State Revenue Commissioner shall approve certain tax digests; and for other purposes.

HB 1205. By Messrs. Hood of the 124th and Grier of the 132nd:
A Bill to be entitled an Act to provide for certain safety requirements on motor vehicles used by railroad companies to transport workers to and from their places of employment; and for other purposes.

HB 1206. By Mr. Caldwell of the 51st:
A Bill to be entitled an Act to create the State Communications and Data Processing Management Board; and for other purposes.

FRIDAY, FEBRUARY 2, 1968

827

HR 550-1206. By Mr. Magoon of the 19th: A Resolution to compensate Mr. Burch Griffin; and for other purposes.

HB 1207. By Messrs. Laite of the 109th and Miller of the 108th:
A Bill to be entitled an Act to amend an Act establishing the Board of Public Education and Orphanage for Bibb County, so as to reduce the membership of the Board; and for other purposes.

HB 1208. By Messrs. Levitas and Harris of the 118th, Higginbotham, Jenkins, Davis, and Westlake of the 119th, Malone, Smith, Palmer and Vaughn of the 117th:
A Bill to be entitled an Act to amend an Act entitled "An Act to fix the salary of the judge of the juvenile court in certain counties", so as to change the salary of the judge of the juvenile court in certain counties; and for other purposes.

HB 1209. By Mr. Bostick of the 93rd:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues of Tift County, so as to establish the office of Vice Chairman of the board of county commissioners; and for other purposes.

SB 57. By Senators Johnson of the 38th, Ward of the 39th, Wesberry of the 37th and Stephens of the 36th:
A Bill to be entitled an Act to amend Code Section 61-302, so as to pro vide that in certain counties property moved away from the premises pursuant to the execution of a dispossessory warrant or process shall be placed in storage; to provide for recovery of said property by the defendant; and for other purposes.

SB 232. By Senators Dean of the 6th, Spinks of the 9th, Rowan of the 8th and others:
A Bill to be entitled an Act to amend an Act relating to the sale of flue-cured leaf tobacco in this State, so as to restore the intention of said Act; to change the method of licensing of operators of flue-cured leaf tobacco warehouses and renewals thereof; and for other purposes.

SB 263. By Senator Smith of the 18th:
A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System of Georgia, so as to provide for notice of certain employees prior to retirement; and for other purposes.

828

JOURNAL OF THE HOUSE,

SB 265. By Senators Webb of the llth and Smith of the 18th:
A Bill to be entitled an Act to amend an Act creating the office of Solicitor General Emeritus, etc., so as to change the provisions relative to credit for service in the armed forces; and for other purposes.

SB 266. By Senators Webb of the llth and Smith of the 18th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to credit for service in the armed forces for future members; and for other purposes.

SB 268. By Senators Webb of the llth and Smith of the 18th:
A Bill to be entitled an Act to amend an Act creating the Sheriffs' Retire ment Fund of Georgia, so as to change the provisions relative to credit for service in the armed forces for future members; and for other pur poses.

SB 271. By Senators Webb of the llth and Smith of the 18th:
A Bill to be entitled an Act to amend an Act providing retirement bene fits for the Clerks of the Superior Courts of Georgia, so as to change the provisions relative to credit for service in the armed forces for future members; and for other purposes.

SB 276. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Courts, Emeritus, so as to change the provisions relative to credit for service in the armed forces; and for other purposes.
SB 278. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to change the provisions relating to credit for service in the armed forces for future members; and for other purposes.
SR 77. By Senator Rowan of the 8th:
A Resolution proposing an amendment to the Constitution so as to autorize the General Assembly to provide by law for a program to grant scholarships or other assistance to the children of law enforcement offi cers, firemen and prison guards, who are permanently disabled or killed in the line of duty; and for other purposes.
SR 154. By Senators Dean of the 6th, Spinks of the 9th, Rowan of the 8th, and others:
A Resolution requesting the Secretary of the United States Department of Agriculture to lower the national average yield goal and raise the national average acreage allotment on tobacco; and for other purposes.

FRIDAY, FEBRUARY 2, 1968

829

SR 155. By Senators Dean of the 6th, Spinks of the 9th, Rowan of the 8th, and Eldridge of the 7th:
A Resolution requesting the Secretary of the United States Department of Agriculture to require that the grade placed on tobacco be concealed from the buyers; and for other purposes.

SR 156. By Senators Dean of the 6th, Spinks of the 9th, Rowan of the 8th, and Eldridge of the 7th:
A Resolution requesting the Secretary of the United States Department of Agriculture to publicize the procedure to follow to become a tobacco grader; and for other purposes.

SR 164. By Senator London of the 50th:
A Resolution authorizing and directing the State Library to furnish certain volumes of the Georgia Reports and the Georgia Court of Appeals Reports and volumes of the Georgia Laws to the Office of the Ordinary of White County; and for other purposes.

HB 1213. By Messrs. Rowland of the 48th, Douglas of the 60th, Roach of the 15th, Parrish of the 96th, Ward of the 2nd and many others:
A Bill to be entitled an Act to provide a salary payable from State funds for each solicitor general effective at the beginning of the next term of office of each solicitor general; and for other purposes.

Mr. Ware of the 42nd, Chairman of the Committee on Defense and Veterans Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Defense and Veterans Affairs has had under considera tion the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 946. Do Pass, as Amended. HB 1048. Do Pass. HB 1080. Do Pass, by Substitute. HB 1081. Do Pass. HB 1170. Do Pass, by Substitute.
Respectfully submitted, Ware of the 42nd, Chairman.

830

JOURNAL OF THE HOUSE,

Mr. Harris of the 118th, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1132. Do Pass. HB 1144. Do Pass. HB 1181. Do Pass. SB 200. Do Pass. SB 201. Do Pass, as Amended. HB 886. Do Pass, as Amended.
Respectfully submitted, Harris of the 118th, Chairman.

Mr. Clarke of the 45th, Chairman of the Committee on Local Affairs, sub mitted the following report:

Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bills and Resolution of the House and has instructed me as Chairman to report the same back to the House with the following recommendations:
HB 1209. Do Pass. HB 1199. Do Pass. HB 1202. Do Pass. HB 1201. Do Pass. HB 1190. Do Pass. HB 1208. Do Pass. HR 548-1200. Do Pass.
Respectfully submitted, Clarke of the 45th, Chairman.
Mr. Williams of the 16th, Chairman of the Committee on Motor Vehicles, submitted the following report:

FRIDAY, FEBRUARY 2, 1968

831

Mr. Speaker:

Your Committee on Motor Vehicles has had under consideration the follow ing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1072. Do Pass.
HB 1073. Do Pass. HB 967. Do Pass, by Committee Substitute.
HB 1022. Do Pass, by Committee Substitute. Respectfully submitted, Williams of the 16th Chairman.

Mr. Steis of the 100th, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the follow ing Bills of the House & Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 120. Do Pass, as Amended.
HB 1196. Do Pass.
HB 1136. Do Pass. HB 813. Do Pass.
Respectfully submitted,
Steis of the 100th, Chairman.

Mr. McCracken of the 49th, Chairman of the Committee on State of Republic, submitted the following report:

Mr. Speaker:

Your Committee on State of Republic has had under consideration the follow ing Bill and Resolutions of the Senate and House and has instructed me as Chair man, to report the same back to the House with the following recommendations:

SB

221. Do Pass.

HE 217- 712. Do Pass.

832

JOURNAL OF THE HOUSE,

HR 521-1103. Do Pass. HR 399- 912. Do Pass.

Respectfully submitted, McCracken of the 49th, Chairman.

The following message was received from the Senate through Mr. McWhorter the Secretary thereof:

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit:

SB 231. By Senators Stephens of the 36th, Smith of the 18th, Abney of the 53rd, and others:
A Bill relating to subpoenas, so as to provide that no subpoena shall be issued to command any member of the General Assembly to attend trial, produce books or tangible things while the General Assembly is in session; to repeal conflicting laws; and for other purposes.

By unanimous consent, the following Bill of the Senate was read the first time and referred to the committee:

SB 231. By Senators Stephens of the 36th, Smith of the 18th, Abney of the 53rd and others:
A Bill to be entitled an Act relating to subpoenas, so as to provide that no subpoena shall be issued to command any member of the General Assembly to attend trial, produce books or tangible things while the General Assembly is in session; and for other purposes.
Referred to the Committee on State of Republic.

By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 1168. By Messrs. Fallin and Matthews of the 94th:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Moultrie, so as to change the time for giving notice to the clerk prior to certain elections; and for other purposes.

FRIDAY, FEBRUARY 2, 1968

833

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 118, nays 0.

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

HB 1175. By Mr. Jones of the 76th:
A Bill to be entitled an Act to amend an Act relating to the compensation of the Ordinary of Mclntosh County, so as to change the compensation of said Ordinary; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1182. By Messrs. Gary, Lee and Northcutt of the 35th: A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Clayton County, so as to change the compensation of the chairman of the board; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1183. By Mr. Rush of the 75th: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for the County of Long, so as to provide that the Board of Commissioners of Roads and Revenues of Long County shall be authorized to elect a county attorney; and for other purposes.

834

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 118, nays 0.

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

HB 1184. By Mr. Shuman of the 65th:
A Bill to be entitled an Act to amend an Act creating the City Court of Springfield in and for the County of Effingham, so as to change the salary of the judge of said court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 118, nays 0.

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

HB 1186. By Messrs. Newton and Lewis of the 50th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Millen, so as to change the compensation of the judge and the solicitor of said court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 118, nays 0.

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

HB 1187. By Messrs. Newton and Lewis of the 50th:
A Bill to be entitled an Act to provide for compensation for the Clerk of the Superior Court of Jenkins County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 118, nays 0.

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

FRIDAY, FEBRUARY 2, 1968

835

HB 1188. By Messrs. Newton and Lewis of the 50th:
A Bill to be entitled an Act to amend an Act providing for supplemental compensation to the Ordinary of Jenkins County, so as to change such supplement; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 118, nays 0.

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

HB 1190. By Messrs. Jones of the 76th, Rush of the 75th and Shuman of the 65th:
A Bill to be entitled an Act to authorize, but not require, the counties composing the Atlantic Judicial Circuit to supplement the salary of a secretary employed by the judge of superior courts of said Circuit and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 118, nays 0.

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

HB 1191. By Mr. Black of the 56th:
A Bill to be entitled an Act to provide for staggered terms for the mem bers of the board of education of Chattahoochee County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 118, nays 0.

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

836

JOURNAL OF THE HOUSE,

HB 1192. By Messrs. Brown and Melton of the 34th: A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Spalding County and creating the office of County Tax Commissioner of Spalding County, so as to change and redefine the number of days and hours per week said Tax Commis sioner shall keep his office open for business; and for other purposes.

On the passage of the Bill, the ayes were 118, nays 0.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
The Bill, having received the requisite constitutional majority, was passed.

HB 1194. By Mr. Steis of the 100th:
A Bill to be entitled an Act to amend an Act incorporating the City of Woodland, so as to change the election date; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 118, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HR 535-1179. By Mr. Kirksey of the 87th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Colquitt and Miller County Development Authority; to provide for the appointment, eligibility and tenure of members and officers; to au thorize the General Assembly to prescribe by law additional powers and duties for said authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding to the end thereof the following:

FRIDAY, FEBRUARY 2, 1968

837

"A. There is hereby created a body corporate and politic to be known as the 'Colquitt and Miller County Development Au thority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdiction to be limited to the territory embraced by Miller County and the corporate limits of the City of Colquitt. The County of Miller and the City of Colquitt may contract with the Authority as a public corporation as provided by the Constitution of Georgia.
"B. The Authority shall consist of eight members who shall have such control, duties, powers and authority as are hereby conferred and as may be prescribed or provided for by the General Assembly of Georgia, and such additional powers as may be dele gated to the Authority by the County of Miller and the City of Colquitt. Members of the Authority shall be residents of Miller County within or without the corporate limits of the City of Col quitt. The first appointments shall be for terms of one, two, three and four years. Thereafter all terms and appointments, except in case of a vacancy, shall be for four years. The General Assembly shall provide for appointment of members of the Authority. The Authority shall elect a chairman, a vice-chairman and a secretarytreasurer. The secretary-treasurer shall not be required to be a member of the Authority.
"C. All lands and improvements therein the title to which is vested in the Authority, and all debentures and revenue-anticipation certificates issued by the Authority, shall be exempt from State and local taxation.
"D. Said Authority is created for the purpose of developing and promoting for the public good and general welfare industry, agriculture, commerce, natural resources, and vocational training and the making of long-range plans for the coordination of such development, promotion and expansion, within its territorial limits. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia, the County of Miller or the City of Colquitt. The Authority is created for non-profit pur poses and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to NO ( ) create the Colquitt and Miller County De velopment Authority?"

838

JOURNAL OF THE HOUSE,

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No.".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Bond Bostick Bo wen Branch Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Cole Collins, J. F. Collins, M. Colwell Conner Cook

Cooper, B. Cooper, J. R. Crowe, William Crowe, W. J. Dailey Daugherty Davis Dent Dickinson Dillon Dodson Dollar Dorminy Doster Douglas Egan Fallin Farmer Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F.

Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lovell Lowrey Magoon Malone

Mason Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken Melton Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Moreland Mullinax Nessmith Newton Nimmer Northcutt Odom Otwell Pafford Palmer

FRIDAY, FEBRUARY 2, 1968

839

Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland Reaves Richardson Ross Rowland Rush Russell Scarlett Shanahan Shields Simmons Sims Smith, G. W. Smith, W. L. Snow Starnes

Steis Sullivan Thompson, A. W. Thompson, R. Threadgill Townsend Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Wamble Ward Ware Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Blalock Bray Cheeks Clarke Cox Dean DeLong Dixon Edwards Farrar Fleming Grier Hale Hall

Hood Laite Lambert Land Leggett Leonard Le vitas Maxwell McDaniell Murphy Nash Oglesby Paris Parker, C. A.

Rainey Roach Savage Sherman Shuman Smith, J. R. Smith, V. T. Stalnaker Sweat Tucker Walling Mr. Speaker

On the adoption of the Resolution, the ayes were 165, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 543-1183. By Mr. Holder of the 70th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Dodge County-Eastman Development Authority; to provide for powers,

840

JOURNAL OF THE HOUSE,

authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article VII, Section IV, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

"A. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Dodge County and the City of Eastman and its citizens industry, agriculture, trade and commerce within the County of Dodge and making long-range plans for such development and expansion and to authorize the use of public funds of said county and city for such purposes and in the furtherance thereof there is hereby created a body corporate and politic in said county to be known as Dodge County-Eastman Development Authority which shall be an instrumentality of Dodge County and the City of Eastman and a public corporation, herein after in this amendment sometimes referred to as the 'Authority';

"B. The Authority shall consist of five members who shall serve for a term of five years and who shall be eligible to reappointment. The members of the Authority shall be elected by a majority of the governing body of Dodge County and the City of Eastman. The first members shall be elected for terms of one, two, three, four and five years and thereafter their successors shall be elected to serve for a term of five years. Vacancies shall be filled for the unexpired term by said electing body. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. No mem ber of the Authority shall be a member of the electing body of said county but there shall be no other disqualification to hold public officer by reason of membership in the Authority;

"C. The property, obligation and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Dodge County;

D. The powers of the Authority shall include but not be limited to, the power:

"(1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and as lessee, and convey by mortgage, security deed or other form of security instrument land, buildings and proper
ty of all kinds within the limits of Dodge County;

"(2) To receive and administer gifts, grants and donations and to administer trusts;
"(3) To grant, loan and lease any of its funds and property to private persons and corporations promising to operate any industrial

FRIDAY, FEBRUARY 2, 1968

841

plant or establishment within Dodge County which in the judgment of the Authority will be of benefit to the people of said County. The provisions of this clause shall not be construed to limit any other powers of the Authority;

"(4) To borrow money and to issue notes, bonds and revenue bonds or certificates therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;

"(5) To contract with Dodge County and the City of Eastman and other political subdivisions and with private persons and corpo rations and to sue and be sued in its corporate name;

"(6) To have and exercise usual powers of private corpora tions except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;

"(7) To encourage and promote the expansion of industry, agri culture, trade and commerce in Dodge County, and to make long range plans therefor;

"(8) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;

"(9) To designate officers to sign and act for the Authority generally or in any specific matter;

"(10) To do any and all acts and things necessary or convenient to accomplish the purpose and powers as herein stated;

"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia, Dodge County or the City of Eastman except to the extent and in the manner as herein set forth;

"F. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority when in per formance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority;

"G. The members of the Authority shall receive no compensation for their services to the Authority;

842

JOURNAL OF THE HOUSE,

"H. The Authority is hereby authorized to issue Revenue Bonds to carry out the purposes of this amendment. Revenue Bonds so issued shall be paid from the income of the Authority from whatever sources received including appropriations of public funds made to it. Such Revenue Bonds may be authorized by resolution of the Dodge County-Eastman Development Authority which may be adopted at a regular or special meeting by a majority vote of the members of said Authority. Said Authority in determining the cost of any undertaking for which Revenue Bonds are to be issued may include all costs relative to the issuance thereof as well as engineering, inspection, fiscal and legal expenses, and interest estimated to ac crue during the construction period, and for six months thereafter and such bonds shall bear such date or dates, mature at such time or times, not exceeding thirty years from their respective dates, bear interest at such rate or rates not exceeding seven percent per annum, and may be in such denominations and may carry such registration privileges and be subject to redemption and may con tain such terms, covenants, assignments and conditions as the reso lution authorizing the issuance of such bonds may provide. All bonds and the interest thereon so issued by said Authority are hereby declared to be non-taxable for any and all purposes. Such bonds issued by the said Authority shall be validated in the Superior Court of Dodge County in the same manner as revenue bonds of munici palities are validated as provided in Code Sections 87-815 et seq. of the Code of Georgia, and in the proceedings to validate such bonds, both the Dodge County-Eastman Development Authority. In the event no bill of exceptions shall be filed within the time prescribed by law, or if filed, the judgment shall be affirmed by the Supreme Court, the judgment of the Superior Court, confirming and validating the issuance of such bonds, shall be forever conclusive as to the validity of said bonds and the security therefor against said Author ity and against the said governing body or other taxing authority of said county;

"I. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation;

"J. This amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose;

"K. This amendment shall be effective immediately upon procla mation of its ratification by the Governor and the first members of the Authority shall be appointed within sixty (60) days after such proclamations;

"L. This amendment is self-enacting and does not require any enabling legislation for it to become effective; however, the General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the man-

FRIDAY, FEBRUARY 2, 1968

843

agement and conduct of the Authority not inconsistent with the pro visions of this amendment. The Authority shall be an instrumentality of Dodge County and the City of Eastman and the scope of its operation shall be limited to the territory embraced within said county;

"M. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Authority or obligations of the county to the Authority shall be construed as a debt of Dodge County within the meaning of the provisions of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia.

"N. Dodge County and the City of Eastman shall be authorized to appropriate to the Authority from their general funds from time to time such amount as their governing authorities shall deem wise and appropriate in order to assist the Authority in carrying out the purposes for which it is created."

Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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 for NO ( ) the creation of the Dodge County-Eastman Development
Authority?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

844

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Bond Bostick Bo wen Branch Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck Busbee Caldwell Games Gates Cato Chandler Cole Collins, J. F. Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Crowe, William Crowe, W. J. Dailey Daugherty Davis Dent Dickinson Dillon Dodson Dollar Dorminy Doster Douglas Egan Fallin Farmer Floyd Funk Gary Gay Gaynor

Gignilliat Grahl Graves Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R.
Harris, R. W. Harrison Henderson Higginbotham Hill Holder Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken Melton Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Moreland

Mullinax Nessmith Newton Nimmer Northcutt Odom Otwell Pafford Palmer Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland Reaves Richardson Ross Rowland Rush Russell Scarlett Shanahan Shields Simmons Sims Smith, G. W. Smith, W. L. Snow Starnes Steis Sullivan Thompson, A. W. Thompson, R. Threadgill Townsend Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Wamble Ward Ware Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood

FRIDAY, FEBRUARY 2, 1968

845

Those not voting were Messrs.:

Blalock Bray Cheeks Clarke Cox Dean DeLong Dixon Edwards Farrar Fleming Grier Hale
Hall

Hood Laite Lambert Land Leggett Leonard Levitas Maxwell McDaniell Murphy Nash Oglesby Paris

Parker, C. A. Rainey Roach Savage Sherman Shuman Smith, J. R. Smith, V. T. Stalnaker Sweat Tucker Walling Mr. Speaker

On the adoption of the Resolution, the ayes were 165, nays 0.

The Resolution, having received the requisite two-thirds constitutional maj ority, was adopted.

HR 544-1191. By Messrs. Pickard, Jones and Buck of the 112th, Berry and Thompson of the 110th and Shields and Thompson of the lllth:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local Act for the creation of a charter commission to study all matters relating to the consolidation of the gov ernment of the City of Columbus and the County of Muscogee, and for the establishment of a successor government with powers and jurisdic tion throughout the territorial limits of Muscogee County and to draft a charter to create such successor government, which proposed charter shall be submitted to the voters of Muscogee County, and the voters of the City of Columbus, and which charter shall be required to receive a majority vote of the qualified voters voting in each of said agencies of government; to provide for the submission of this amendment for ratifi cation or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article XI, Section I, Paragraph VII of the Constitution is hereby amended by adding at the end thereof the following:
"Any other provision of this Constitution to the contrary not withstanding, the General Assembly is hereby authorized to provide

846

JOURNAL OF THE HOUSE,

by local Act for the creation of a charter commission to study all matters relating to the establishment of a single countywide gov ernment with powers and jurisdiction throughout the territorial limits of Muscogee County, which single government shall supersede and replace the existing governments of the City of Columbus and the County of Muscogee and may also supersede and replace any public authorities and special service districts located and operating within Muscogee County. Said commission shall be known as 'Musco gee County Charter Commission', and shall be composed of fifteen (15) members, all of whom shall be residents of Muscogee County, to be selected as follows: Seven (7) members shall be appointed by the Commissioners of Roads and Revenues of Muscogee County; seven (7) members shall be appointed by the City Commissioners of the City of Columbus; and one (1) member shall be elected by the fourteen members thus appointed.
Said local Act may further authorize said Charter Commission to draft a proposed charter creating such countywide government to be named 'Columbus, Georgia' and for the submission of such charter to the voters of Muscogee County and the voters of the City of Columbus for approval or rejection, and which charter shall be required to receive a majority vote of the qualified voters in each of said agencies of government.
To carry out the purposes of this amendment, the General As sembly is hereby expressly authorized to delegate its powers by said local Act to said Charter Commission and may authorize said Com mission to draft a proposed countywide government charter which may include any provisions necessary to effectuate the purposes of this amendment. To that end, and without limiting the generality of the foregoing, the General Assembly is hereby authorized to pro vide by said local Act that said Charter Commission may draft a proposed charter which would provide for any one or more of the following:
1. For the abolishment of the existing governments of the City of Columbus and the County of Muscogee and for the creation of a new single government having all powers formerly exercised by the City of Columbus, and the County of Muscogee and having such other powers as may be necessary or desirable including such rights, powers, duties and liabilities as are now or may hereafter be vested in municipalities or counties, or both, by the Constitution of Georgia or by other provision of law; the form and composition of said new government to be as said charter shall provide.
2. For the new countywide government to continue to be eligible to have, hold, enjoy and be entitled to any assistance, credits, bene fits, monies, grants, grants in aid, funds, loans, aid, appropriations and matching funds to the same extent that any municipality or county of the State of Georgia now or may hereafter enjoy or possess under the Constitution and laws of the State of Georgia or by other provisions of law or under any present or future State or Federal programs.
3. For the abolishment of any public authorities; special service districts; boards created under the general law of the State or

FRIDAY, FEBRUARY 2, 1968

847

special acts of the General Assembly or by provisions of this Con stitution relating to the County of Muscogee and the City of Colum bus; and for the transfer of all powers, duties and obligations of such authorities, special service districts, and boards to the new countywide government in such manner as said charter shall provide.

4. For the abolishment of any one or more public offices includ ing coroner; county surveyor; tax collector; tax receiver; county treasurer; positions of public employment of the City of Columbus, and the County of Muscogee; positions of public employment of boards created under the general law of the State, or special acts of the General Assembly; and positions of public employment by any public authorities or special service districts located and operating within Muscogee County, Georgia.

5. For the creation of the governing authority of the single countywide government including the number of members of said governing authority, their powers, duties, terms of office, manner of election or appointment, compensation, method of removal, and all other matters incidental or necessary to the creation of said countywide governing authority.

6. For the creation of various departments, boards, bureaus, offices, commissions, and positions of public employment of said countywide government, all of which shall be subordinate branches or employees of said countywide government, and all other matters necessary and incidental thereto.

The said countywide government shall have the authority for modification or repeal of the various departments, boards, bureaus, offices, commissions and positions of public employment of said countywide government.

7. For the abolishment of any city or county courts, juvenile courts, and any other courts including created in lieu of constitution al courts, presently existing in the City of Columbus and Muscogee County, except the superior court and court of ordinary, and for the creation of one or more new courts having the jurisdiction and powers of the former courts in such manner as said charter shall provide.

8. For the creation of two or more taxing districts whereby taxes shall be assessed, levied, and collected by said countywide govern ment in accordance with the kind, character, type and degree of serv ices provided by said government within said taxing districts, and the rate and manner of taxation may vary in any one district from that in another or other districts, and provide that the powers, authority, duties, liabilities and functions of any such new governing authority so created may vary from district to district.
9. For the assumption by said countywide government of all bonded indebtedness and all other obligations of whatever kind of all governmental units, public authorities and special service districts

848

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which are consolidated by said charter and a method by which said countywide government shall assume the payment of any obligations issued under the Revenue Bond Law.

10. For the transfer to said countywide government of assets, contracts and franchises of all governmental units, and any public authorities and special service districts which have consolidated or merged with said countywide government.

11. The purposes for which said countywide government or governing authority or any agency thereof may levy taxes and the debt limitations applicable to such countywide government or any agency thereof.

12. For the method or methods by which said charter may be amended, including but not limited to, all of the methods by which municipal charters may be amended under the general law of the State of Georgia, as it now and may hereafter exist.

The Muscogee County Charter Commission shall have broad ex ploratory and investigative powers to explore and investigate the consolidation of any aspect of government that it desires whether or not specifically enumerated in the foregoing twelve (12) paragraphs hereof.

Said local Act shall contain a provision requiring a minimum of three (3) public hearings to be held by the Chai'ter Commission for discussing the provisions of the proposed new charter.

Said local Act may further provide for the qualifications of the members of said Charter Commission and for the expenses of said Charter Commission. The governing authorities of the City of
Columbus and the County of Muscogee are hereby authorized to expend public funds for the expenses of said Charter Commission.

Nothing herein shall be construed so as to authorize the General Assembly or any Charter Commission created pursuant to any local Act passed by the General Assembly in pursuance of this amendment to:

1. Affect the status of any incorporated municipality located within Muscogee County other than the City of Columbus and the status or relationship that such incorporated municipalities bear to
Muscogee County and the City of Columbus prior to the adoption of this amendment shall continue to the same extent with any newly created countywide governing authority that may be created under the provisions of this amendment.

2. Abolish the Muscogee County School District or transfer any of its powers, duties or obligations to the countywide government authorized to be created pursuant to the provisions of this amend ment.

FRIDAY, FEBRUARY 2, 1968

849

3. Abolish the office of Sheriff of Muscogee County or transfer any of his powers and duties to the countywide government author ized to be created pursuant to the provisions of this amendment.

Provided, however, that the foregoing limitations shall not be construed as prohibiting the General Assembly from exercising any legislative power with respect to incorporated municipalities other than the City of Columbus which existed prior to the adoption of this paragraph.

The powers herein granted to the General Assembly:

1. Are remedial and shall be liberally construed to effectuate their purpose.

2. May be exercised by the General Assembly notwithstanding any other provisions of this Constitution or of law.

3. Shall not be exhausted by their initial exercise but may be exercised from time to time as said General Assembly may deter mine.
4. Are cumulative of all other powers now held by the General Assembly and are not in lieu thereof."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to provide by local Act for the creation of a charter commission to study all matters
NO ( ) relating to the consolidation of the government of the City of Columbus and and the County of Museogee and for the establishment of successor government with powers and jurisdiction throughout the territorial limits of Muscogee County and to draft a charter to create such successor government, which proposed charter shall be submitted to the voters of Muscogee County, and the voters of the City of Columbus, and which charter shall be required to receive a majority vote of the qualified voters voting in each of said agencies of government?"

850

JOURNAL OF THE HOUSE,

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Bond Bostick Bo wen Branch Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Cole Collins, J. F. Collins, M. Colwell Conner Cook

Cooper, B. Cooper, J. R. Crowe, William Crowe, W. J. Dailey Baugherty Davis Dent Dickinson Dillon Dodson Dollar Dorminy Doster Douglas Egan Fallin Farmer Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F.

Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lovell Lowrey Magoon Malone

Mason Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken Melton Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Moreland Mullinax Nessmith Newton Nimmer Northcutt Odom Otwell Pafford Palmer

FRIDAY, FEBRUARY 2, 1968

851

Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland Reaves Richardson Ross Rowland Rush Russell Scarlett Shanahan Shields Simmons Sims Smith, G. W. Smith, W. L. Snow Starnes

Steis Sullivan Thompson, A. W. Thompson, R. Threadgill Townsend Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Wamble Ward Ware Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Blalock Bray Cheeks Clarke Cox Dean DeLong Dixon Edwards Farrar Fleming Grier Hale Hall

Hood Laite Lambert Land Leggett Leonard Levitas Maxwell McDaniell Murphy Nash Oglesby Paris Parker, C. A.

Rainey Roach Savage Sherman Shuman Smith, J. R. Smith, V. T. Stalnaker Sweat Tucker Walling Mr. Speaker

On the adoption of the Resolution, the ayes were 165, nays 0.

The Resolution, having received the requisite two-thirds constitutional maj ority, was adopted.

HR 545-1196. By Mr. Steis of the 100th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to create the City of Woodland Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

852

JOURNAL OF THE HOUSE,

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

SECTION 1

Article VII, Section V, Paragraph I of the Constitution, relating to the taxing power and restriction of contributions of counties, cities and political divisions, is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic to be known as the 'City of Woodland Development Authority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdiction to be limited to the territory embraced by the City of Woodland. The City of Woodland may contract with the Authority as a public corporation as provided by the Constitution of Georgia.
"B. The City of Woodland is authorized to levy a tax on all the taxable property therein not to exceed two mills for the purpose of securing a fund to be set aside and used by said Authority for the general purposes hereinafter prescribed.

"C. The members of the Authority, their qualifications, terms and methods of election or appointment shall be prescribed by law by the General Assembly. The Authority shall have such duties, powers, and authority as shall be prescribed by law and the General Assembly may pass all other necessary legislation for the imple mentation of this amendment.
"D. All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds issued by the Authority, shall be exempt from State and local taxation.
"E. Said Authority is created for the purpose of developing, promoting, and expanding, for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for the making of long range plans for coordination of such development, promotion and expansion within its territorial limits. The Authority shall not be empowered or authorized in any manner to create a debt against the State of Georgia or the City of Woodland. The Authority is created for non-profit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII,

FRIDAY, FEBRUARY 2, 1968

853

Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to NO ( ) create the City of Woodland Development
Authority?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E, Berry, J. K. Black Bond Bostick Bowen Branch
Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck Busbee

Caldwell Carnes Gates Cato Chandler Cole Collins, J. F. Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Crowe, William Crowe, W. J.
Dailey Daugherty Davis Dent Dickinson Dillon

Dodson Dollar Dorminy Doster Douglas Egan Fallin Farmer Floyd Funk Gary Gay Gaynor Gignilliat Grahl
Graves Gunter Hadaway Hamilton Hargrett Harrington

854

JOURNAL OF THE HOUSE,

Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lovell Lowrey Magoon Malone Mason

Matthews, C. Matthews, D. R. Mauldin MeClatchey McCracken Melton Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Moreland Mullinax Nessmith Newton Nimmer Northcutt Odom Otwell Pafford Palmer Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland Reaves Richardson Ross Rowland

Rush Russell Scarlett Shanahan Shields Simmons Sims Smith, G. W. Smith, W. L. Snow S tames Steis Sullivan Thompson, A. W. Thompson, R. Threadgill Townsend Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Wamble Ward Ware Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Blalock Bray Cheeks Clarke Cox Dean DeLong Dixon Edwards Farrar Fleming Grier Hale Hall

Hood Laite Lambert Land Leggett Leonard Levitas Maxwell McDaniell Murphy Nash Oglesby Paris Parker, C. A.

Rainey Roach Savage Sherman Shuman Smith, J. R. Smith, V. T. Stalnaker Sweat Tucker Walling Mr. Speaker

On the adoption of the Resolution, the ayes were 165, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

FRIDAY, FEBRUARY 2, 1968

855

Mr. Cheeks of the 104th stated that he had been called from the floor of the House when the roll was called on HR 535-1179, HR 543-1183, HR 544-1191 and HR 545-1196, but had he been present would have voted "aye".

The following Resolutions of the House were read and adopted:

HR 587. By Mr. Smith of the 54th:
A RESOLUTION
Expressing appreciation to the faculty and staff of the Georgia Institute of Technology for their hospitality in inviting members of the House of Representatives to be their guests at the Georgia Tech-Clemson basketball game; and for other purposes.
WHEREAS, the Georgia Institute of Technology graciously invited the members of this body to be its guests at the Georgia Tech-Clemson basketball game; and
WHEREAS, prior to attending the game, the members were treated to a delicious buffet supper; and
WHEREAS, it is the desire of this body to express their particular appreciation for the gracious hospitality shown to the members by Dr. Edwin Harrison, President of Georgia Institute of Technology.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby extend to Dr. Edwin Harrison, the faculty and staff of the Georgia Institute of Technology its warmest appreciation for the delightful hospitality shown to the members while they were the guests of this fine educational institution.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and instructed to transmit an appropriate copy of this Reso lution to Dr. Edwin D. Harrison, President, Georgia Institute of Tech nology.
HR 588. By Mr. Gunter of the llth:
A RESOLUTION
Honoring Captain Hilliard A. Wilbanks; and for other purposes.
WHEREAS, Captain Hilliard A. Wilbanks, United States Air Force, decided early in life to make a career of one of the oldest and most hon orable professions, that of service to his Country in its armed forces; and
WHEREAS, Captain Wilbanks by his devotion to duty and out standing ability had a brilliant and distinguished career in the Air Force; and

856

JOURNAL OF THE HOUSE,

WHEREAS, on the 24th day of February, 1967, in Vietnam while flying a reconnaissance mission in an unarmed light aircraft ahead of a Ranger Battalion, which was heavily outnumbered, Captain Wilbanks was shot down and mortally wounded; and

WHEREAS, his action in support of the battalion greatly reduced the casualties and death of his comrades in arms; and
WHEREAS, there is no greater earthly honor than service to one's fellow man and Country in time of war or peace; and
WHEREAS, Captain Wilbanks was posthumously awarded the Con gressional Medal of Honor for his conspicuous gallantry and bravery in action; and
WHEREAS, in the history of our Country only 16 Georgians have ever been awarded the Congressional Medal of Honor; and
WHEREAS, only 24 persons have received the Congressional Medal of Honor during the Vietnam conflict and only 2 of these have been Air Force personnel; and
WHEREAS, the Purple Heart was among the many decorations and awards received by Captain Wilbanks; and
WHEREAS, the Purple Heart is the oldest United States Military decoration being originally awarded by General George Washington during the Revolutionary War to those wounded or those who lost their lives as a result of hostile foreign forces; and
WHEREAS, Captain Wilbanks is survived by his widow, Mrs. Rose mary Arnold Wilbanks, Glen Alien, Mississippi, and their four children; and his father and mother, Mr. and Mrs. Travis O. Wilbanks, Cornelia, Georgia; and
WHEREAS, the Mississippi Legislature has previously adopted a Resolution honoring this brave and courageous young Georgian.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that this Body does hereby express its highest respect and appreciation to this great young American who paid the supreme sacrifice in defense of his fellow man and Country by giving his life so that freedom might prevail in a country far removed from the shores of his native land.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro priate copy of this Resolution to the widow of Captain Hilliard A. Wil banks, Mrs. Rosemary Arnold Wilbanks and his parents, Mr. and Mrs. Travis 0. Wilbanks.

FRIDAY, FEBRUARY 2, 1968

857

HE 589. By Messrs. Farmer and Matthews of the 29th:

A RESOLUTION

Expressing sympathy at the passing of Honorable Robert William Bailes, Jr.; and for other purposes.

WHEREAS, on November 13, 1967, Honorable Robert William Bailes, Jr., passed away leaving behind his wife, Alice Bailes, and their two children, Valerie Ruth and Robert William Bailes, III; and

WHEREAS, he was born in Greenville, South Carolina, moved to Georgia in 1960 joining the Southeastern Newspapers' Corporation and became publisher of the Athens Banner-Herald in August, 1965; and

WHEREAS, he was a member of the Sigma Delta Chi, professional journalism fraternity, a graduate of the American Press Institute at Columbus University, a graduate of Furman University, member of the Athens-Clarke County Charter Commission and on the Board of Directors of St. Mary's Hospital in Athens; and

WHEREAS, he was a credit to his community and his State and was active in all the affairs of his community.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that profoundest regrets are hereby expressed at the passing of Honorable Robert William Bailes, Jr. and deepest sympathy is hereby extended to the members of his family.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the family of Honor able Robert William Bailes, Jr.

HR 590. By Messrs. Buck, Jones and Pickard of the 112th, Thompson of the 110th, Shields and Thompson of the lllth:
A RESOLUTION
Expressing regrets at the passing of Mrs. C. Ed Berry; and for other purposes.
WHEREAS, Mrs. C. Ed Berry, the wife of Muscogee County Repre sentative C. Ed Berry, a most beloved and respected member of this body, lost her life in a tragic automobile accident on November 6, 1967; and
WHEREAS, Mrs. Berry, a native of Columbus, was born on October 16, 1912 and was the daughter of Mrs. J. W. Bartlett, Sr., of Columbus and the late J. W. Bartlett, Sr.; and

858

JOURNAL OF THE HOUSE,

WHEREAS, she was a member of St. Thomas Episcopal Church and past president of the St. Elmo Garden Club and was active in the civic and religious affairs of her city and county; and

WHEREAS, Representative and Mrs. Berry were married on April 28, 1934, and her death was a tragic loss to Representative Berry; and

WHEREAS, other survivors are a daughter, Mary Patricia Berry; two sons, William Turner Berry and Charles Edward Berry, Jr.; a brother, James William Bartlett, Jr.; and a granddaughter, Gwendolyn Dawn Berry, all of Columbus, Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby express their deepest condolences to Representative C. Ed Berry at the loss of his wife and extend their heartfelt sympathy to him and to the other members of Mrs. Berry's family.

Be IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Mr. Berry.

HR 591. By Messrs. Wood of the 16th, Floyd of the 7th, Mullinax of the 42nd, Palmer of the 117th and many others:
A RESOLUTION
Congratulating Honorable J. Crawford Ware; and for other purposes.
WHEREAS, Honorable J. Crawford Ware is celebrating his fiftythird birthday today; and
WHEREAS, he was born February 2, 1915, at Colon, Canal Zone, Panama; and
WHEREAS, he graduated from Hogansville High School in 1932 and attended the University of Oregon; and
WHEREAS, the gentleman from Troup has a long record of dis tinguished service as a member of this body; and
WHEREAS, he is a veteran of World War II and is presently chair man of the Defense and Veterans Affairs Committee and former chair man of the State of Republic Committee; and
WHEREAS, the members of this body consider it a privilege and an honor to have served in this honorable institution with the distinguished gentleman from Troup.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby congratulate Honor able J. Crawford Ware upon his fifty-third birthday and many more years of public service in this body are wished for him.

FRIDAY, FEBRUARY 2, 1968

859

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro priate copy of this Resolution to Honorable J. Crawford Ware, Repre sentative, Post 1, District 42.

By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Special Judiciary and referred to the Committee on Local Affairs:

HR 295-835. By Mrs. Hamilton of the 137th; Messrs. Dillon of the 128th, Lambros of the 130th, Games of the 129th and others:
A Resolution proposing an amendment to the Constitution so as to au thorize any county, municipal corporation or political subdivision of the State to issue and sell revenue bonds, and to refund any such bonds; and for other purposes.

Mr. Smith of the 3rd moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the Senate:

SB 100. By Senator Fincher of the 51st:
A Bill to be entitled an Act to amend an Act known as the "Georgia Health Code", relating to enforcement and Administrative Procedure; and for other purposes.

On the motion to reconsider, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Barber Barfield Bennett Berry, C. E. Black Bond Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck Busbee Caldwell

Games Gates Cato Chandler Cole Collins, J. F. Colwell Conner Cook Cox Daugherty Davis Dean Dent Dickinson Dillon

Dollar Doster Douglas Egan Floyd Funk Gary Grahl Graves Grier Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Holder

860
Hood Jenkins Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Laite Lambert Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leggett Lewis Lovell Lowrey Malone

JOURNAL OP THE HOUSE,

Matthews, C. Mauldin Melton Merritt Moore, Don C. Nessmith Newton Northcutt Odom Otwell Pafford Parker, H. W. Peterson Potts Rainey Reaves Ross Russell

Savage Shanahan Simmons Sims Smith, V. T. Stalnaker Starnes Sullivan Threadgill Townsend Turner Vaughan, D. N. Ward Ware Wells Westlake Wiggins Winkles

Those voting in the negative were Messrs.

Battle Berry, J. K. Branch Cheeks Cooper, B. Cooper, J. R. Crowe, William Gay Gaynor Gignilliat Harris, R. W.

Henderson Hill Howard Johnson, A. S. Joiner Mason Mixon Nash Palmer Richardson Rowland

Scarlett Smith, W. L. Snow Thompson, A. W. Tye Wamble Whaley Williams Wilson, J. M. Wood

Those not voting were Messrs.:

Ballard Blalock Bostick Bowen Bray Clarke Collins, M. Crowe, W. J. Dailey DeLong Dixon Dodson Dorminy Edwards Pallin Farmer Farrar Fleming Gunter Hale

Hall Hamilton Harrison Higginbotham Howell Hutchinson Johnson, B. Jordan, W. H. Knapp Land Lee, W. S. Leonard Levitas Longino Magoon Matthews, D. R. Maxwell McClatchey McCracken McDaniell

Miller Moate Moore, J. H. Moreland Mullinax Murphy Nash Nimmer
Oglesby Paris Parker, C. A. Parrish Phillips Pickard Poss Ragland Roach Rush Sherman Shields

Shuman Smith, G. W. Smith, J. R. Steis

FRIDAY, FEBRUARY 2, 1968

861

Sweat Thompson, R. Tucker Underwood

Vaughn, C. R. Walling Wilson, R. W. Mr. Speaker

On the motion to reconsider, the ayes were 102, nays 32.

The motion prevailed, and SB 100 was reconsidered.

Under the general order of business, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

HB 1042. By Messrs. Harris of the 85th and Harris of the 118th:
A Bill to be entitled an Act to provide for testamentary additions to trusts, to set forth the conditions under which bequests or devices to trusts shall be valid and the manner in which the property so devised or bequeathed shall be administered; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passr.ge of the Bill, the ayes were 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1062. By Messrs. Matthews of the 29th, Barber of the 24th, Farmer of the 29th, Moore of the 20th and Lane of the 64th: A Bill to be entitled an Act to amend an Act creating a professional practices commission and declaring teaching a profession with all the rights, responsibilities and privileges accorded legally recognized pro fessions, so as to remove the provisions relating to the Board of Regents and the University System of Georgia; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

862

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Bond Branch Brantley, H. L. Brown, B. D.
Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Cheeks Clarke Cole Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Daugherty Davis Dean DeLong Dent Dickinson Dillon Dodson Dollar Dorminy Doster Douglas Egan Fallin Farmer Floyd Funk Gary Gay Gaynor

Gignilliat Graves Grier Gunter Hadaway Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Kirksey Lambert Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leggett Levitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Mullinax

Nash Nessmith Newton
Nimmer Northcutt Odom Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Pickard Potts Ragland Reaves Richardson Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Thompson, A. W. Threadgill Townsend Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Wamble Ward Ware Wells Westlake Whaley Wiggins

FRIDAY, FEBRUARY 2, 1968

863

Williams Wilson, J. M.

Wilson, R. W. Winkles

Wood

Those not voting were Messrs.:

Blalock Bostick Bowen
Brantley, H. H. Bray
Collins, J. F. Crowe, W. J. Dailey Dixon Edwards
Farrar Fleming
Grahl

Hale Hall Hamilton
Jordan, W. H. Kaylor
Knapp Laite Land Lee, W. S. Leonard
Matthews, D. R. McCracken
Moreland

Murphy Oglesby Phillips
Poss Rainey
Roach Smith, J. R. Sweat Thompson, R. Tucker
Walling Mr. Speaker

On the passage of the Bill, the ayes were 167, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Messrs. Pafford of the 97th and Sweat of the 83rd stated that they had been called from the floor of the House when the roll was called on HB 1062, but had they been present would have voted "aye".

HR 432-952. By Mr. Kaylor of the 4th:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Ordinary's Court of Fannin County, Georgia; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Barber Barfield Battle Bennett Berry, C. E. Berry, J. K.

Black Bond Bostick Branch Brantley, H. H. Brantley, H. L. Brown, B. D. Buck Busbee

Caldwell Games Gates Cato Chandler Cheeks Clarke Cole Collins, J. F.

864
Colwell Conner Cook Cooper, J. R. Cox Crowe, William Crowe, W. J. Daugherty Dean DeLong Dent Dillon Dixon Doster Douglas Edwards Egan Fallin Farmer Floyd Funk Gary Gay Gaynor Gignilliat Graves Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Hill Holder Howell Hutchinson Jenkins Johnson, B. Joiner Jones, C. M.

JOURNAL OF THE HOUSE,

Jones, M. Kaylor Kirksey Laite Lambert Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Levitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Mauldin Maxwell McClatchey McCracken Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Mullinax Murphy Nash Nessmith Newton Northcutt Odom Otwell Palmer Paris Parker, C. A. Parker, H. W. Peterson Phillips

Poss Potts Ragland Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Shunian Simmons Sims Smith, G. W. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Sweat Thompson, A. W. Townsend Turner Tye Underwood Vaughan, D. N. Wamble Ward Ware Wells Westlake Whaley Williams Winkles Wood

Those not voting were Messrs.:

Ballard Blalock Bo wen Bray Brown, C. Collins, M. Cooper, B. Dailey Davis Dickinson

Dodson Dollar Dorminy Farrar Fleming Grahl Grier Hale Hall Harris, J. R.

Henderson Higginbotham Hood Howard Johnson, A. S. Jordan, G. Jordan, W. H. Knapp Land Lee, W. S.

FRIDAY, FEBRUARY 2, 1968

865

Leggett Leonard
Matthews, D. R. McDaniell Melton Moreland Nimmer Oglesby

Pafford Parrish
Pickard Rainey Smith, J. R. Thompson, R. Threadgill Tucker

Vaughn, C. R. Walling
Wiggins Wilson, J. M. Wilson, R. W. Mr. Speaker

On the adoption of the Resolution, the ayes were 153, nays 0.

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

Mr. Pafford of the 97th stated that he had been called from the floor of the House when the roll was called on HR 432-952, but had he been present would have voted "aye".
HR 492-1063. By Messrs. Chandler and Harrington of the 47th:
A Resolution authorizing the conveyance of certain real property located in Baldwin County, Georgia, to the Baldwin County Board of Education; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 103, nays 0.

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

HB 180. By Mr. DeLong of the 105th:
A Bill to be entitled an Act to provide certain requirements relative to the construction of public buildings, paid for, in whole or in part, from public funds, in order to make such buildings accessible to and usable by the physically handicapped; and for other purposes.

The following amendment was read and adopted:
Mr. Palmer of the 117th moves to amend HB 180 by changing the dates "July 1, 1967" and "July, 1967" wherever they appear and substi tuting therefor the dates "July 1, 1968" and "July, 1968".

866

JOURNAL OF THE HOUSE,

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, as amended, the ayes were 106, nays 0.

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

HB 1159. By Messrs. Williams of the 16th, Johnson of the 40th, Nimmer of the 84th and Harris of the 14th:
A Bill to be entitled an Act to amend an Act providing for the chaining or cabling of loads of pulpwood, logs and lumber transported on the public highways of this state, so as to change the number of chains or cables which secure pulpwood to the vehicles on which it is being trans ported; to provide for the size of chains or cables which secure logs and lumber to the vehicle on which it is being transported; and for other purposes.

The following amendment was read and adopted:
Messrs. Williams of the 16th and Johnson of the 40th move to amend HB 1159 as follows:
1. By striking from Section 1 the word "short" wherever the same may appear.
2. By striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"SECTION 2
Each load or unit of logs or lumber transported upon any public road in this State shall be securely chained or cabled together with not less than two (2) chains at least 5/16 of an inch in size or cable equivalent thereto."

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, as amended, the ayes were 111, nays 0.

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

FRIDAY, FEBRUARY 2, 1968

867

HB 546. By Mr. Magoon of the 19th:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that each stu dent in the public schools of the State of Georgia, upon attaining the age of 17 years, shall be appraised of his right to register as an elector and vote in elections upon attaining the age of 18 years; and for other purposes.

The following amendment was read and adopted: The Committee on Education moves to amend HB 546 as follows: By adding in the last sentence of Section One (1) between the words
"student" and, "not" the following: ", as determined by the local unit of administration,"

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Barfield Battle
Bennett Berry, C. E. Berry, J. K.
Black Bond
Bostick Branch Brantley, H. H. Brantley, H. L. Brown, B. D. Buck Busbee Caldwell Games Gates

Cato Chandler Cheeks Cole Collins, M. Colwell Conner
Cook Cooper, B. Cooper, J. R.
Crowe, William Daugherty
Dean DeLong Dent Dillon Dixon Dollar Dorminy Douglas Egan Fallin

Farmer Floyd Funk Gary Gay Gaynor Gignilliat
Graves Grier Gunter
Hadaway Hale
Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Holder Hood

868
Howard Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, M. Jordan, G. Kaylor Kirksey Laite Lambert Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leggett Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell

JOURNAL OP THE HOUSE,

Merritt Miller Moate Moore, Don C. Moore, J. H. Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Pafford Palmer Paris Parker, H. W. Pickard Poss Potts Ragland Reaves
Roach Ross Rowland Rush Russell Savage
Scarlett Shanahan Sherman

Shields Simmons Sims Smith, J. R. Smith, V. T. Snow Stalnaker Starnes Steis Sullivan Sweat Thompson, A. W. Threadgill Townsend Turner
Vaughan, D. N. Vaughn, C. R. Wamble Ward
Ware Wells Westlake Whaley Wiggins Williams Wilson, J. M. Winkles Wood

Those not voting were Messrs.:

Blalock Bowen Bray Brown, C. Clarke Collins, J. F. Cox Crowe, W. J. Dailey Davis Dickinson Dodson Doster Edwards Farrar Fleming Grahl

Hall Higginbotham Hill Howell Jones, C. M. Jordan, W. H. Knapp Land Lee, W. S. Leonard Levitas McCracken Melton Mixon Moreland Odom Oglesby

Otwell Parker, C. A. Parrish Peterson Phillips Rainey Richardson Shuman Smith, G. W. Smith, W. L. Thompson, R. Tucker Tye Underwood Walling Wilson, R. W. Mr. Speaker

On the passage of the Bill, as amended, the ayes were 154, nays 0.

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

FRIDAY, FEBRUARY 2, 1968

869

The following Bill of the House was again taken up for the purpose of con sidering the Senate substitute thereto:

HB 281. By Messrs. Starnes of the 13th and Bennett of the 95th:
A Bill to be entitled an Act to amend Code Chapter 26-11 relating to the crimes of abortion, foeticide and infanticide, so as to provide for the additional exceptions where such acts are undertaken or accomplished by physicians; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend Code Chapter 26-11 relating to the crimes of abortion, foeticide and infanticide, so as to provide for the additional exceptions where such acts are undertaken or accomplished by physicians; to provide the circumstances when such acts shall be lawful; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 26-11 relating to the crimes of abortion, foeticide and infanticide, is hereby amended by striking said Chapter in its entirety and inserting in lieu thereof a new Chapter 26-11 to read as follows:
"Chapter 26-11. Abortion, Foeticide and Infanticide.
"26-1101. Criminal abortion; punishment.
(a) Criminal abortion. Except as otherwise provided in this Chapter, a person commits criminal abortion when he administers any medicine, drug or other substance whatever to any woman or when he uses any instrument or other means whatever upon any woman with intent to produce a miscarriage or abortion. It shall not be necessary in order to commit a criminal abortion that the woman be pregnant and that a termination of the pregnancy be accom plished.
(b) Punishment. A person convicted of criminal abortion shall be punished by imprisonment for not less than one (1) nor more, than ten (10) years.
"26-1102. Foeticide; punishment. The wilful killing of an un born child so far developed as to be ordinarily called "quick", by any injury to the mother of such child, which would be murder if it re sulted in the death of such mother, shall be punished by death or imprisonment for life, as the jury may recommend.

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"26-1103. Punishment of persons advising killing of infants. If any person shall counsel, advise, or direct a woman to kill the child with which she is pregnant, and after she is delivered of such child she shall kill it, every person so advising or directing shall be deemed an accessory before the fact to such murder, and shall have the same punishment as the principal.

"26-1104. Concealment of child's death. The constrained pre sumption arising from the concealment of the death of any child, that the child whose death is concealed was therefore murdered by the mother, shall not be sufficient or conclusive evidence to convict
the person indicted for the murder of her child, unless proof shall be given that the child was born alive, nor unless the attending cir
cumstances shall be such as shall satisfy the minds of the jury that the mother did wilfully and maliciously destroy and take away the life of such child.

"26-1105. Concealment of death of bastard child. If any woman shall conceal or attempt to conceal the death of any issue of her body, which, if it were born alive, would be a bastard, so that it may not come to light whether it was murdered or not, she shall be guilty of a misdemeanor.

"26-1106. Exceptions; opinions.

(a) Exception. Nothing in this Chapter shall be construed to prohibit an abortion performed by a physician duly licensed to prac tice medicine and surgery pursuant to Chapter 84-9 of the Code of Georgia of 1933, as amended, based upon his best clinical judgment that an abortion is necessary because:

(1) A continuation of the pregnancy would endanger the life of the pregnant woman or would seriously and permanently injure her health; or

(2) The fetus would very likely be born with a grave, permanent, and irremediable mental or physical defect; or

(3) The pregnancy resulted from forcible or statutory rape.
(b) No abortion is authorized or shall be performed under this Section unless each of the following conditions is met:
(1) The pregnant woman requesting the abortion certifies in writing under oath and subject to the penalties of false swearing to the physician who proposes to perform the abortion that she is a bona fide legal resident of the State of Georgia.
(2) The physician certifies that he believes the woman is a bona fide resident of this State and that he has no information which should lead him to believe otherwise.
(3) Such physician's judgment is reduced in writing and con curred in by at least two other physicians duly licensed to practice

FRIDAY, FEBRUARY 2, 1968

871

medicine and surgery pursuant to Chapter 84-9 of the Code of Geor gia of 1933, as amended, who certify in writing that based upon their separate personal medical examinations of the pregnant woman, the abortion is, in their judgment, necessary because of one or more of the reasons enumerated above.

(4) Such abortion is performed in a hospital licensed by the State Board of Health and accredited by the Joint Commission on Accreditation of Hospitals.

(5) The performance of the abortion has been approved in ad vance by a committee of the medical staff of the hospital in which the operation is to be performed. This committee must be one estab lished and maintained in accordance with the standards promul gated by the Joint Commission on the Accreditation of Hospitals, and its approval must be by a majority vote of a membership of not less than three members of the hospital's staff; the physician proposing to perform the operation may not be counted as a member of the committee for this purpose.

(6) If the proposed abortion is considered necessary because the woman has been raped, the woman makes a written statement under oath, and subject to the penalties of false swearing, of the date, time and place of the rape and the name of the rapist, if known. There must be attached to this statement a certified copy of any report of the rape made to any law enforcement officer or agency and a state ment by the solicitor general of the judicial circuit where the rape occurred or allegedly occurred that, according to his best informa tion, there is probable cause to believe that the rape did occur.

(7) Such written opinions, statements, certificates, and con currences are maintained in the permanent files of such hospital and are available at all reasonable times to the solicitor general of the judicial circuit in which the hospital is located.

(8) A copy of such written opinions, statements, certificates, and concurrences is filed with the Director of the State Department of Public Health within ten (10) days after such operation is per formed.

(c) Any solicitor general of the judicial circuit in which an abortion is to performed under this Section, or any person who would be a relative to the child within the second degree of consanguinity, may petition the Superior Court of the County in which the abortion is to be performed for a declaratory judgment whether the perform ance of such abortion would violate any constitutional or other legal rights of the fetus. Such solicitor general may also petition such court for the purpose of taking issue with compliance with the require ments of this Section. The physician who proposes to perform the abortion and the pregnant woman shall be respondents. The petition shall be heard expeditiously and if the Court adjudges that such abortion would violate the constitutional or other legal rights of the fetus, the Court shall so declare and shall restrain the physician from performing the abortion.

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JOURNAL OF THE HOUSE,

(d) If an abortion is performed in compliance with this Section, the death of the fetus shall not give rise to any claim for wrongful death.

(e) Nothing in this Section shall require a hospital to admit any patient under the provisions hereof for the purpose of perform ing an abortion, nor shall any hospital be required to appoint a com mittee such as contemplated under Subsection (b) (5). A physician, or any other person who is a member of or associated with the staff of a hospital, or any employee of a hospital in which an abortion has been authorized, who shall state in writing an objection to such abortion on moral or religious grounds shall not be required to participate in the medical procedures which will result in the abor tion, and the refusal of any such person to participate therein shall not form the basis of any claim for damages on account of such refusal or for any disciplinary or recriminatory action against such person."

Section 2. All laws and parts of laws in conflict with this Act hereby repealed.

Mr. Starnes of the 13th moved that the House disagree to the Senate sub stitute and the motion prevailed.

The Senate substitute to HB 281 was disagreed to.

Mr. Matthews of the 29th moved that the House do now adjourn until 10:00 o'clock, Monday morning and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock, Monday morning.

MONDAY, FEBRUARY 5, 1968

873

Representative Hall, Atlanta, Georgia Monday, February 5, 1968

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

Prayer was offered by Elder V. H. Hooks, Pastor, New Hope Primitive Baptist Church, Lexsey, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Mr. Black of the 56th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:

1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the calendar for today's business, February 5th, 1968, and submits the following:

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JOURNAL OF THE HOUSE,

HB

682. Property, sold for school taxes.

HB

886. Peace Officers, attend court.

HB

967. Driver Training Schools, regulate.

HB

979. Grade crossings, signal devices.

HB 1022. Wrecking companies, motor vehicles, owner unknown.

HB 1048. Dishonorably discharged, veterans, rights.

HB 1072. Motor common carriers, register.

HB 1073. Motor carriers, register.

HB 1080. Honorary drivers' license, change requirements.

HB 1081. Veterans, discharge certificates, fees.

HB 1132. Husband intestate, wife, apply for dower.

HB 1170. Board of Veterans Service, record of benefits.

HR 382-867. Impeachment, Mrs. Rebecca L. Garrett.

HR 479-1029. Teacher Certification Policies Study Committee.

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted,
Busbee of 79th, Vice-Chairman.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

HB 1227. By Messrs. Caldwell of the 51st, Lee, Gary and Northcutt of the 35th, Melton and Brown of the 34th:
A Bill to be entitled an Act to amend an Act entitled "An Act to create a new judicial circuit for the State of Georgia, to be called the Griffin Circuit, and to be composed of the counties of Spalding, Pike, Upson, and Payette", so as to fix the compensation of the Solicitor General of the Griffin Judicial Circuit; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1228. By Messrs. Caldwell of the 51st, Lee, Gary and Northcutt of the 35th, Melton and Brown of the 34th:
A Bill to be entitled an Act to amend an Act providing a salary for the official court reporter of the Griffin Judicial Circuit, so as to change the salary of said court reporter; and for other purposes.
Referred to the Committee on Local Affairs.

MONDAY, FEBRUARY 5, 1968

875

HB 1229. By Messrs. Higginbotham of the 119th, Mixon of the 81st, Grahl of the 52nd, Ward of the 2nd and Parker of the 68th:
A Bill to be entitled an Act to provide that no State official, officer or employer shall receive a contingent expense allowance or any other allowance unless said officer, official or employee shall have been authorized to receive such allowance pursuant to the provisions of a specific act of the General Assembly authorizing such official to receive the same; and for other purposes.
Referred to the Committee on State of Republic.

HB 1230. By Mr. Harris of the 85th:
A Bill to be entitled an Act to amend an Act comprehensively and exhaustively revising, superseding and modernizing pretrial, trial and certain post trial procedures in civil cases, so as to provide for service by publication when so ordered by the court; to provide that a party may amend his pleadings at any time before the entry of a pretrial order; and for other purposes.
Referred to the Committee on Judiciary.

HB 1231. By Mr. Reaves of the 99th:
A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners for Brooks County, so as to increase the compensation of the chairman and members of the Board; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1232. By Mr. Kirksey of the 87th:
A Bill to be entitled an Act to amend an Act amending, consolidating and superseding the several Acts incorporating the City of Colquitt, so as to eliminate the provisions providing certain areas in the city limits shall not be subject to city taxes until certain services are rendered to said area; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1238. By Mr. Threadgill of the 32nd:
A Bill to be entitled an Act to amend an Act providing uniform stand ards for audits of municipalities and counties within the State of Georgia, so as to make the provisions of the Act applicable to all audits of the financial affairs of a county, municipality or an officer, board, department, unit or other political subdivision of a county or munici pality; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1239. By Messrs. Collins of the 62nd and Longino of the 122nd:
A Bill to be entitled an Act to amend Code Section 100-108, so as to provide that any authorized State Depository may accept State deposits

876

JOURNAL OF THE HOUSE,

up to the amount of its capital before such depository shall be required to give a bond or deposit securities in lieu of a bond to cover the maxi mum amount to be deposited in excess of its capital; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 1240. By Mr. Brantley of the 63rd:
A Bill to be entitled an Act prohibiting strikes by State employees, so as to include municipalities, counties and other political subdivisions within the coverage of said Act; and for other purposes.
Referred to the Committee on State of Republic.

HB 1241. By Messrs. Paris of the 23rd, Murphy of the 26th, Miller of the 108th and Ragland of the 109th:
A Bill to be entitled an Act to amend Chapter 25-1 of the Code of Georgia, relating to credit unions; to further define the powers of the Superintendent of Banks with respect to credit unions; and for other purposes.
Referred to the Committee on Banks and Banking.

HR 592-1241. By Messrs. Melton and Brown of the 34th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Spalding County to establish and administer sanitation, sewerage and fire protection districts within the unincorporated areas of said county and to levy taxes, issue bonds and have the power to eminent domain in connection therewith; and for other purposes.
Referred to the Committee on Local Affairs.

HR 593-1241. By Messrs. Lee, Gary and Northcutt of the 35th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Fayette County to establish water, sewerage and fire protection districts in Fayette County; and for other purposes.
Referred to the Committee on Local Affairs.

HR 594-1241. By Messrs. Turner of the 123rd, Chandler of the 47th, Melton of the 34th, Rowland of the 48th, McCracken of the 49th and others:
A Resolution creating a joint committee to study the feasibility of establishing a Georgia Housing Administration; and for other pur poses.
Referred to the Committee on State Institutions & Property.

MONDAY, FEBRUARY 5, 1968

877

HB 1242. By Mr. Gunter of the llth:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Baldwin, in the counties of Banks and Habersham, so as to change the term of office of the mayor; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1243. By Messrs. Cooper of the 103rd, Henderson and Wilson of the 102nd, Howard and McDaniell of the 101st:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Cobb County, so as to change the provisions relating to the appointment of certain officers and employees of Cobb County; and for other purposes.
Referred to the Committee on Local Affairs.

HR 595-1243. By Mr. Henderson of the 102nd: A Resolution compensating Billy W. Parks; and for other purposes.
Referred to the Committee on Appropriations.

HB 1244. By Messrs. Moore of the 12th, Barber of the 24th and Roach of the 15th:
A Bill to be entitled an Act to amend an Act providing that teachers in the public schools of this State shall be entitled to sick leave with full pay, so as to provide that said teachers shall not lose accumulated sick leave when transferring from one school to another; and for other purposes.
Referred to the Committee on Education.
HB 1245. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Bill to be entitled an Act to amend Act creating the Department of Public Safety, to establish within the Department of Public Safety a Division to be known as the Security Guard Division; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1246. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th, and Caldwell of the 51st:
A Bill to be entitled an Act to amend an Act prohibiting the purchase of any passenger automobile by any department, institution, bureau or agency of the State, so as to provide that passenger automobiles may be purchased, leased or rented for use by and on behalf of the Governor; and for other purposes.
Referred to the Committee on State of Republic.

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JOURNAL OP THE HOUSE,

HB 1247. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Bill to be entitled an Act to amend an Act creating the State Litera ture Commission, so as to change definition of obscene literature; to change the per diem of members of the Commission; to provide com pensation for the executive secretary; and for other purposes.
Referred to the Committee on Judiciary.

HR 596-1247. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Resolution to ratify, approve, and confirm the Executive Order of the Governor, dated March 29, 1967, suspending the collection of taxes imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on certain tangible personal property purchased outside the State of Georgia and subsequently brought into this State as a Result of the purchaser becoming domiciled herein until the next meeting of the General Assembly; and for other purposes.
Referred to the Committee on Ways and Means.

HR 597-1247. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Resolution to ratify, approve and confirm the Executive Order of the Governor, dated March 29, 1967, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the sale and use of the Holy Bible and Testaments until the next meeting of the General Assembly; and for other purposes.
Referred to the Committee on Ways and Means.

HR 598-1247. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Resolution to ratify, approve and confirm the Executive Order of the Governor, dated March 20, 1967, suspending the collection of taxes imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act upon the sale of tangible personal property to certain general non profit hospitals until the next meeting of the General Assembly; and for other purposes.
Referred to the Committee on Ways and Means.

HR 599-1247. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Resolution to ratify, approve and confirm the Executive Order of the Governor dated March 29, 1967, suspending the collection of taxes im posed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the sales of food to private non-profit, accredited elementary

MONDAY, FEBRUARY 5, 1968

879

schools until the next meeting of the General Assembly; and for other purposes.
Referred to the Committee on Ways and Means.

HR 600-1247. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 61st:
A Resolution to ratify, approve and confirm the Executive Order of the Governor dated December 12, 1967, designating the new official residence of the Governor of the State of Georgia as the Executive Center and designating the Executive Center as the official residence of the Governor, and for other purposes.
Referred to the Committee on Rules.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1210. By Mr. Leggett of the 21st:
A Bill to be entitled an Act to provide for the election of members of the Board of Education of Paulding County by the people; and for other purposes.

HB 1211. By Mr. Leggett of the 21st:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court, the sheriff, ordinary, and the coroner of Paulding County on a salary basis in lieu of a fee basis, so as to increase the number of deputies the sheriff of Paulding County may appoint; and for other purposes.

HB 1212. By Mr. Rush of the 75th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Long County on an annual salary in lieu of the fee system of com pensation, so as to change the compensation of the sheriff of Long County; and for other purposes.

HB 1214. By Messrs. Cole and Smith of the 3rd:
A Bill to be entitled an Act to amend an Act providing for the "Mayor and Council of the City of Dalton Employees' Pension Plan", so as to amend said Act to correct certain inequities in the Plan to facilitate the administration of the Plan, and to clarify certain language of the Plan as embodied in the original bill enacted by the General Assembly of the State of Georgia; and for other purposes.

880

JOURNAL OF THE HOUSE,

HB 1215. By Messrs. Cole and Smith of the 3rd:
A Bill to be entitled an Act to amend an Act amending the charter of The City of Dalton, establishing the corporate limits, so as to in corporate in said City certain parts of Land Lots Nos. 141, 142, 163, 164, 197, 314, 351, 352, in the 12th District and 3rd Section, and cer tain parts of Land Lots Nos. 9, and 10 in the 13th District and 3rd Section of Whitfield County; and for other purposes.

HB 1216. By Mr. Harris of the 85th: A Bill to be entitled an Act to repeal an Act creating the Georgia Real Estate Investment Board, so as to abolish the Georgia Real Estate Investment Board and the Advisory Board; and for other purposes.
HR 555-1216. By Mr. Harris of the 85th: A Resolution to compensate Mrs. Frances J. Williamson and her hus band, Mr. James M. Williamson; and for other purposes.

HR 556-1216. By Mr. Harris of the 85th: A Resolution to compensate Mrs. Emily Wylie; and for other purposes.

HR 557-1216. By Messrs. Blalock and Potts of the 33rd:
A Resolution proposing an amendment to the Constitution, so as to create the Coweta County School System by merging the county school system of Coweta County and the independent school system of the City of Newnan; and for other purposes.

HB 1217. By Mr. Hale of the 1st:
A Bill to be entitled an Act to amend an Act authorizing the govern ing authorities of municipalities and counties to establish planning commissions, so as to remove restrictions which limit the appointment of public officials to planning commissions; and for other purposes.

HB 1218. By Mr. Moate of the 39th:
A Bill to be entitled an Act to create and establish a Small Claims Court in each county having a population of not less than 9,977 and not more than 10,140; and for other purposes.

HB 1219. By Messrs. Pickard of the 112th, McClatchey of the 138th and Gignilliat of the 113th:
A Bill to be entitled an Act to amend an Act establishing a State Board of Registration for Professional Engineers and Land Surveyors, so as

MONDAY, FEBRUARY 5, 1968

881

to make rosters of all registrants available upon request; to provide additional methods of examining candidates for registration; and for other purposes.

HB 1220. By Messrs. Westlake, Davis and Higginbotham of the 119th and Smith of the 117th:
A Bill to be entitled an Act to amend Code Section 47-1002, relating to the registration of attorneys and agents ol parties interested in legislation, so as to provide that the Secretary of State shall issue identification badges to such persons; to require all such persons to wear such badges while in the State Capitol during sessions of the General Assembly; and for other purposes.

HR 559-1220. By Messrs. Harris, Levitas, Farrar and Walling of the 118th:
A Resolution proposing an amendment to the Constitution so as to au thorize the City of Decatur in the County of DeKalb to issue and sell revenue anticipation obligations subject to and in accordance with the terms and provisions of the Act of the General Assembly approved March 31, 1937; and for other purposes.

HR 560-1220. By Messrs. Lowrey, Starnes and Graves of the 13th:
A Resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to provide for a special assessment for the registration of motor vehicles whose owners do not have lia bility insurance; and for other purposes.

HR 561-1220. By Messrs. Lowrey of the 13th and Matthews of the 94th:
A Resolution creating the Joint Committee to Study Standards, Pro cedures and Laws Relating to Fertilizers and Insecticides; and for other purposes.

HB 1221. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to revise Chapter 9-2 of the Code of Georgia of 1933, as amended, relating to the admission to the bar of this State of attorneys licensed to practice law in another state of the United States or the District of Columbia, without examination; and for other purposes.
HB 1222. By Mr. Lambros of the 130th:
A Bill to be entitled an Act to amend Code Title 56-24, so as to provide that no liability insurance contractual provision which requires the insured to comply fully with all conditions in the contract shall operate to defeat the insurer's duty to indemnify or pay on behalf of its insured

882

JOURNAL OF THE HOUSE,

unless the insurer shall first demonstrate that it has been prejudiced by the acts or omissions of its insured; and for other purposes.

HB 1223. By Mrs. Hamilton of the 137th, Messrs. Egan of the 141st, Bond of the 136th, Brown of the 135th, Hill of the 121st and others:
A Bill to be entitled an Act to amend an Act known as the "Housing Authorities Law", so as to provide that the authorities created by said Act shall be known as a "Housing and Redevelopment Authority", under certain circumstances; and for other purposes.

HB 1224. By Mrs. Hamilton of the 137th, Messrs. Egan of the 141st, Bond of the 136th, Brown of the 135th, Hood of the 124th and others:
A Bill to be entitled an Act to amend an Act to provide for a board of elections in each county of this State having a population of more than 500,000, so as to provide that the board of elections, with the con sent of the governing authority of any such county shall be authorized to expend public funds for the purpose of distributing sample ballots and other material; and for other purposes.

HB 1225. By Mr. Harrison of the 98th:
A Bill to be entitled an Act to provide that it shall be unlawful for any person to set or construct any device on the lands of another person designed to capture livestock with the intent to remove same therefrom; and for other purposes.

HB 1226. By Mr. Caldwell of the 51st:
A Bill to be entitled an Act to amend Code Section 47-101, so as to rede fine certain representative districts and to reapportion Representatives among certain of the districts; and for other purposes.

HB 1233. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th, and Caldwell of the 51st:
A Bill to be entitled an Act to amend an Act providing that the State of Georgia become a party to the "Southern Nuclear Compact", so as to provide that the funds necessary to carry out the provisions of the Act and Compact shall be paid from funds appropriated to or otherwise made available to the Executive Department; and for other purposes.

HB 1234. By Messrs. Murphy of the 26th, Lane of the 64th, Paris of the 23rd and Caldwell of the 51st:
A Bill to be entitled an Act to amend an Act creating the State Board of Pardons and Paroles, so as to clarify certain requirements relating to

MONDAY, FEBRUARY 5, 1968

883

the requirement that Board Members shall be required to write an opinion in every case considered by the Board; and for other purposes.

HB 1235. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th, and Caldwell of the 51st:
A Bill to be entitled an Act to amend an Act creating the State Board of Pardons and Paroles, so as to provide a procedure for the promulga tion and adoption of Rules by the State Board of Pardons and Paroles; and for other purposes.

HB 1236. By Messrs. Murphy of the 26th, Lane of the 64th, Paris of the 23rd and Caldwell of the 51st:
A Bill to be entitled an Act to amend an Act reorganizing the State Department of Law, so as to provide additional subpoena powers for the office of the Attorney General; and for other purposes.

HB 1237. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Bill to be entitled an Act to comprehensively and exhaustively revise, supersede and consolidate the laws relating to the State Board of Cor rections, and to prisons, public work camps and prisoners, so as to pro vide for a comprehensive, uniform method for the filing and disposition of detainers; to provide a method for prison inmates to demand trial upon pending indictments, accusations or informations; and for other purposes.

SB 231. By Senators Stephens of the 36th, Smith of the 18th, Abney of the 53rd and others:
A Bill to be entitled an Act relating to subpoenas, so as to provide that no subpoena shall be issued to command any member of the General Assembly to attend trial, produce books or other tangible things while the General Assembly is in session; and for other purposes.

Mr. Busbee of the 79th District, Vice-Chairman of the Committee on Rules submitted the following report:
Mr. Speaker:--
Your Committee on Rules has had under consideration the following Bill of the Senate and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
SB 234. Do Pass. Respectfully submitted, Busbee of the 79th Vice-Chairman.

884

JOURNAL OF THE HOUSE,

The following message was received from the Senate through Mr. McWhorter the Secretary thereof:

Mr. Speaker:

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 1002. By Mr. Jordan of the 78th:
A Bill to amend an Act granting a new charter for the City of Leary, so as to change the term of office of the mayor and councilmen; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House, to-wit:

SB 254. By Senator Smalley of the 28th:
A Bill to amend an Act providing for the creation of the office of solicitor general emeritus, as amended, so as to provide that certain times served by a solicitor general as a member of the General Assembly of Georgia and in the armed forces may be computed in the number of years service required for a solicitor general; and for other purposes.

SB 259. By Senator Kidd of the 25th:
A Bill to amend an Act creating a Department of Public Safety and providing for the issuance, revocation, cancellation, and suspension of drivers' licenses, so as to change the requirements for certain honorary drivers' licenses; and for other purposes.

SB 293. By Senator Webb of the llth:
A Bill to provide that any bill making a change in the amount of the compensation or allowances of any elected or appointed State official, department or agency head must be introduced in the General Assembly during the first ten days of any session thereof; and for other purposes.

SB 299. By Senator Carter of the 14th:
A Bill to amend an Act known as the "Georgia Administrative Procedure Act", so as to authorize the Secretary of State to make available the official compilation, Rules and Regulations of the State of Georgia, without charge to Solicitors-General of the superior courts; and for other purposes.

MONDAY, FEBRUARY 5, 1968

885

HB 1003. By Mr. Caldwell of the 51st:
A Bill to change the number of the members of the Thomaston-Upson County Office Building Authority; and for other purposes.

HB 1004. By Mr. Caldwell of the 51st:
A Bill to amend an Act creating a new charter for the City of Thomaston, so as to provide that the Mayor and Council of said City are author ized to provide by ordinance for the levy of ad valorem taxes on all tax able property for the ordinary current expenses of said city such tax as they may deem necessary and proper; and for other purposes.

HB 1005. By Mr. Caldwell of the 51st:
A Bill incorporating the Village of East Thomaston, so as to abolish the Charter of the Village of East Thomaston; and for other purposes.

HB 1006. By Mr. Caldwell of the 51st:
A Bill to amend an Act creating a new charter for the City of Thomaston, so as to change and extend the present corporate limits of said city; and for other purposes.

HB 1013. By Messrs. Blalock and Potts of the 33rd: A Bill to amend an Act placing the sheriff of Heard County on a salary basis in lieu of the fee basis, so as to provide an additional deputy; and for other purposes.
HB 1040. By Messrs. Pickard, Jones and Buck of the 112th, and others: A Bill to amend Code Section 92-6402, relating to taxes payable in counties in which returns are made, so as to provide that in counties having a population of not less than 150,000 and not more than 179,999, a penalty of 10% of the tax shall accrue on taxes not paid on or before December 20 of each year; and for other purposes.
HB 1046. By Mr. Bostick of the 93rd: A Bill to amend an Act repealing the charter of the City of Tifton and providing a new charter for said city, so as to provide that city commis sioners may reside anywhere within the corporate limits; and for other purposes.
HB 1047. By Mr. Bostick of the 93rd: A Bill to amend an Act repealing the charter of the City of Tifton and providing a new charter for said city, so as to change the compensation

886

JOURNAL OF THE HOUSE,

of the chairman and the members of the city commission; and for other purposes.

HB 1060. By Messrs. Bennett, Barfield and Sullivan of the 95th:
A Bill to amend an Act creating the City Court of Valdosta (now the City Court of Lowndes County), so as to provide for the election of the judge and solicitor of said court; and for other purposes.

HB 1070. By Messrs. Jones, Buck and Pickard of the 112th and others:
A Bill to amend an Act relating to the Municipal Court of Columbus, to add a new Section to provide for the dismissal of suits for lack of prosecution, to increase the costs in dispossessory warrant cases where it is necessary to remove the tenant together with his property; and for other purposes.

HB 703. By Messrs. Howard and McDaniell of the 101st, Henderson and Wilson of the 102nd and others:
A Bill to amend an Act providing for the creation, membership and compensation of a State Literature Commission, so as to authorize a grand jury or a solicitor general to submit a request for a determina tion as to whether certain literature is obscene to the State Literature Commission; and for other purposes.

HB 836. By Messrs. Levitas and Harris of the 118th:
A Bill to provide criminal penalties with respect to obscene or harassing telephone calls; to repeal conflicting laws; and for other purposes.

The Senate has adopted by substitute, by the requisite constitutional ma jority the following Resolution of the House, to-wit:

HR 13-16. By Messrs. Richardson and Battle of the 116th, Gaynor and Smith of the 114th, and others:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authorities of the City of Savannah and Chat ham County to enact planning and zoning ordinances for historic pur poses; and for other purposes.

The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the Senate and House, to-wit:

SR 182. By Senator Hall of the 52nd:
A Resolution proposing an amendment to the Constitution, so as to authorize the Board of Education of Floyd County to establish and

MONDAY, FEBRUARY 5, 1968

887

participate in the cost of maintaining insurance, workmen's compensa tion and hospital programs for its employees; and for other purposes.

HR 408-912. By Messrs. Cato and Dollar of the 89th:
A Resolution proposing an amendment to the Constitution, so as to increase the jurisdiction of the justices of the peace in Decatur County; and for other purposes.

HR 459-1013. By Mr. Caldwell of the 51st:
A Resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to consolidate and combine the Board of Tax Assessors of real and personal property of the City of Thomaston and the County of Upson; and for other purposes.

HR 486-1050. By Messrs. Blalock and Potts of the 33rd:
A Resolution proposing an amendment to Article VII, Section VII, Paragraph I of the Constitution, so as to authorize Coweta County to incur an additional indebtedness for water and sewerage purposes; and for other purposes.

HR 488-1050. By Messrs. Pickard, Jones and Buck of the 112th, Thompson and Shields of the lllth, and others:
A Resolution proposing an amendment to the Constitution, so as to authorize the Board of Commissioners of Roads and Revenues of Muscogee County to provide systems of garbage disposal; and for other purposes.

By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:

SR 182. By Senator Hall of the 52nd:
A Resolution proposing an amendment to the Constitution, so as to authorize the Board of Education of Floyd County to establish and participate in the cost of maintaining insurance, workmen's compensa tion and hospital programs for its employees; and for other purposes.
Referred to the Committee on Local Affairs.

SB 254. By Senator Smalley of the 28th;
A Bill to be entitled an Act to amend an Act providing for the creation of the office of solicitor general emeritus, so as to provide that cer-

JOURNAL OP THE HOUSE,
tain time served by a solicitor general as a member of the General Assembly of Georgia and in the armed forces of the United States may be counted toward computing the number of years service required of a solicitor general by said Act; and for other purposes. Referred to the Committee on Judiciary.
SB 259. By Senator Kidd of the 25th: A Bill to be entitled an Act to amend an Act creating a Department of Public Safety and providing for the issuance, revocation, cancella tion and suspension of drivers' licenses, so as to change the require ments for certain honorary drivers' licenses; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 293. By Senator Webb of the llth: A Bill to be entitled an Act to provide that any bill making a change in the amount of compensation or allowances of any elected or appointed State department or agency head must be introduced in the General Assembly during the first ten days of any session thereof; and for other purposes.
Referred to the Committee on State of Republic.
SB 299. By Senator Carter of the 14th: A Bill to be entitled an Act to amend an Act known as the "Georgia Administrative Procedure Act", so as to authorize the Secretary of State to make available the official compilation, Rules and Regulations of the State of Georgia, without charge to Solicitors-General of the superior courts; and for other purposes.
Referred to the Committee on Judiciary.
The following Resolution of the House was read and adopted:
HR 601. By Messrs. Paris of the 23rd, Brantley of the 63rd, Murphy of the 26th, Rush of the 75th and Savage of the 58th:
A RESOLUTION
Authorizing and directing all "rural" legislators to contribute to ward the purchase of an "urban" rhinoceros for the Grant Park Zoo; and for other purposes.
WHEREAS, it has been brought to the attention of this body, par ticularly the "rural" members thereof, that a truly "urban" type rhi-

MONDAY, FEBRUARY 5, 1968

889

noceros is presently for sale, and this animal would be a great addition to the Grant Park Zoo; and

WHEREAS, an "urban" rhinoceros at said Zoo would be of great interest and fascination to the many thousands of our urban citizens, and perhaps even to some of our rural folks visiting the metropolis of Atlanta; and

WHEREAS, it is a fact that the rhinoceros is rapidly becoming extinct, and that this particular animal, to be appropriately named hereinafter, is the only "urban" rhinoceros in the history of rhinocero; and

WHEREAS, the Atlanta Metropolitan Area Civitan Clubs are ac tively soliciting contributions for the purchase of said animal and have intimated that such contributions would be accepted, even from rural folks.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that all "rural" members of this body are hereby authorized and directed (being dominated by "urban" legislators) to contribute not less than one dollar ($1.00) toward the purchase of said rhineceros hereinabove described.

BE IT FURTHER RESOLVED that it would be altogether fitting and proper (not because of any physical similarity) if said "urban" rhinoceros were named in honor of the most urban of urban legislators, to wit: Honorable Rodney Cook, and, therefore, said animal is hereby named "Rodney".

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro priate copy of this resolution to Honorable Rodney M. Cook, Repre sentative, 123rd District; to Honorable Charles Leftwich, Alderman, City of Atlanta; and to Honorable John Roth, Director, Grant Park Zoo.

Mr. Cook of the 123rd arose to a point of personal privilege and addressed the House.

By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time.

HB 1199. By Mr. Parrish of the 96th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Lenox, so as to authorize the town council to lease certain described property; and for other purposes.

890

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1201. By Mr. Rowland of the 48th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Wrightsville, so as to authorize the mayor and council of the City of Wrightsville to appoint a recorder for the mayor's court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1202. By Mr. Rowland of the 48th: A Bill to be entitled an Act to amend an Act so as to provide for a change in compensation of the deputy sheriff of Johnson County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1208. By Messrs. Levitas and Harris of the 118th and Higginbotham, Jenkins, Davis, and Westlake of the 119th and others: A Bill to be entitled an Act to amend an Act entitled "An Act to fix the salary of the judge of the juvenile court in certain counties", so as to change the salary of the judge of the juvenile court in certain counties; and for other purposes.

MONDAY, FEBRUARY 5, 1968

891

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1209. By Mr. Bostick of the 93rd:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues of Tift County, so as to establish the office of vice chairman of the board of county commissioners; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HR 548-1200. By Mr. Ross of the 31st:
A RESOLUTION
Proposing an amendment to the Constitution to create the Lincolnton and Lincoln County Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section VII, Paragraph V of the Constitution is here by amended by adding at the end thereof the following:
"There is hereby created a body corporate and politic to be known as the Lincolnton and Lincoln County Development Au thority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdiction to be limited to the territory embraced by Lincoln County and the corporate limits of the City of Lincolnton may contract with the Authority as a public corporation as provided by the Constitution of Georgia.

892

JOURNAL OF THE HOUSE,

"The Authority shall consist of eight members who shall have such control, duties, powers and authority as are hereby conferred and as may be prescribed or provided for by the General Assembly of Georgia, and such additional powers as may be delegated to the Authority by the County of Lincoln and the City of Lincolnton. Members of the Authority shall be residents of Lincoln County within or without the corporate limits of the City of Lincolnton. The first appointment shall be for terms of one, two, three and four years. Thereafter all terms and appointments except in case of a vacancy shall be for four years. The General Assembly shall provide for appointment of members of the Authority. The Author ity shall elect a Chairman, a Vice-Chairman and Secretary-Treas urer. The Secretary-Treasurer shall not be required to be a member of the Authority.

"All land and improvements thereon the title to which is vested in the Authority, and all debentures and revenue-anticipation certificates issued by the Authority, shall be exempt from State and local taxation.

"Said Authority is created for the purpose of developing and promoting for the public good and general welfare industry, agri culture, commerce, natural resources, and vocational training and the making of long-range plans for the coordination of such de velopment, promotion and expansion, within its territorial limits. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia, the County of Lincoln or the City of Lincolnton. The Authority is created for non profit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to create the NO ( ) Lincolnton and Lincoln County Development Au thority?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

MONDAY, FEBRUARY 5, 1968

893

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 returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bo wen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Cheeks Cole Collins, J. F. Collins, M. Conner Cooper, B. Cooper, J. R. Cox

Crowe, William Crowe, W. J. Dailey Daugherty Da vis DeLong Dent Dickinson Dillon Dixon Dodson Dollar Doster Douglas Edwards Egan Tallin Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor Grahl Graves Grier Gunter Hadaway Hall Hamilton Hargrett Harris, J. F. Harris, J. R. Harris, R. W.

Harrison Henderson Higginbotham Hill Holder Hood Howard Howell Hutchinson Jenkins Johnson Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Longino Lovell Lowrey Malone Mason Matthews, C.

894
Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, Don C. Moreland Mullinax Murphy Nash Nessmith Newton Nimmer Odom Oglesby Otwell Pafford Palmer Paris

JOURNAL OF THE HOUSE,

Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Sims Smith, G. W. Smith, J. R.

Smith, W. L. Stalnaker Starnes Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Turner Tye Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Clarke Colwell Cook Dean Dorminy Gignilliat Hale Harrington

Johnson, B. Lambert Magoon Moore, J. H. Northcutt Rainey Simmons Smith, V. T.

Snow Steis Sullivan Underwood Wells Mr. Speaker

On the adoption of the Resolution, the ayes were 183, nays 0.

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

Mr. Johnson of the 40th stated that he had been called from the floor of the House when the roll was called on HR 548-1200, but had he been present would have voted "aye".

Mr. Busbee of the 79th assumed the Chair.

Under the general order of business established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:

MONDAY, FEBRUARY 5, 1968

895

HB 682. By Mrs. Hamilton of the 137th; Messrs. McClatchey of the 138th, Daugherty of the 134th and Alexander of the 133rd:
A Bill to be entitled an Act to amend an Act known as an Act to repeal Sections 92-4402 and 92-8301 of the Code of Georgia to redeem property sold under or in obedience to any execution issued for the collection of State, county, city, municipal or school taxes, or special assessments; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Ballard Barber Blalock Bond Bostick Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Caldwell Games Cheeks Conner Cook Cooper, J. R. Cox Crowe, William Daugherty Dent Dillon Dodson Doster Douglas Egan Pallin Gary Gay Gaynor

Grahl Graves Grier Hamilton Hargrett Harris, J. R. Harrison Holder Howard Jenkins Johnson, A. S. Jones, C. M. Jordan, W. H. Knapp Laite Lambros Lee, W. J. (Bill) Leggett Levitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. McClatchey Melton

Those voting in the negative were Messrs.:

Anderson Barfield Battle

Bennett Berry, C. E. Berry, J. K.

Merritt Miller Moate Murphy Nessmith Newton Nimmer Oglesby Pafford Palmer Peterson Potts Ragland Rush Savage Shanahan Shuman Simmons Sims Starnes Steis Thompson, A. W. Townsend Tucker Walling Williams Wilson, J. M. Wilson, R. W.
Black Bo wen Branch

896
Bray Buck Cato Cole Collins, J. F. Cooper, B. Crowe, W. J. Dailey Davis Dickinson Dollar Edwards Fleming Floyd Gunter Hall Harrington Harris, J. F. Higginbotham Hood

JOURNAL OF THE HOUSE,

Hutchinson Johnson, B. Joiner Jones, M. Kaylor Kirksey Land Lane, Dick Lane, W. J. Lee, W. S. Mauldin Maxwell Mixon Moore, Don C. Northcutt
Otwell
Parrish Fickard Poss Rainey

Reaves Richardson Roach Ross Rowland Russell Scarlett Sherman Smith, G. W. Smith, J. R. Threadgill Turner Tye Underwood Vaughan, D. N. Wamble Westlake Whaley Winkles Wood

Those not voting were Messrs.:

Busbee Gates Chandler Clarke Collins, M. Colwell Dean DeLong Dixon Dorminy Farmer Farrar Funk Gignilliat Hadaway Hale

Harris, R. W. Henderson Hill Howell Jordan, G. Lambert Leonard McCracken McDaniell Moore, J. H. Moreland Mullinax Nash Odom Paris Parker, C. A.

Parker, H. W. Phillips Shields Smith, V. T. Smith, W. L. Snow Stalnaker Sullivan Sweat Thompson, R. Vaughn, C. R. Ward Ware Wells Wiggins Mr. Speaker

On the passage of the Bill, the ayes were 88, nays 69.
The Bill, having failed to receive the requisite constitutional majority, was
lost.
Mrs. Hamilton of the 137th served notice that at the proper time she would ask the House to reconsider its action in failing to give the requisite constitu tional majority to HB 682.
Mr. Smith of the 114th stated that he had been called from the floor of the House when the roll was called on HB 682, but had he been present would have voted "nay".

MONDAY, FEBRUARY 5, 1968

897

HB 979. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to amend Code Section 95-1907, so as to provide the procedure for installation of automatic signal devices at grade crossings of county roads; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend Code Section 95-1907.1, relating to the installation of automatic signal devices at railroad crossings, so as to provide the procedure for installation of automatic signal devices at grade crossings of county roads; to provide procedures relative to the cost of acquisition, installation and maintenance; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Code Section 95-1907.1, relating to the installation of automatic signal devices at railroad crossings, is hereby amended by striking said Code Section in its entirety and substituting a new Code Section 95-1907.1, to read as follows:
"95-1907.1. Automatic signalling device in municipalities and counties, required when; cost--Whenever, in the judgment of the governing authority of a municipality or county, the installation of an automatic signalling device may be reasonably required at a grade crossing of a municipal street or county road, such govern ing authority may require by written order the railroad or rail roads involved to provide and install such automatic signalling device as may be appropriate. Such installation shall be completed within six months from the date of said order. In any such case, the railroad or railroads involved shall pay 50 percent (50%) of the expense of acquiring and installing such device and the railroad or railroads involved, at its own expense, shall maintain the same. Provided, however, nothing in this Act shall be construed to im pose any public liability on the municipality or county in any manner regarding such devices."
SECTION 2
All laws and parts of laws in conflict with this Act are hereby repealed.

An amendment, offered by Mr. Gunter of the llth, was read and lost.

898

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

Mr. Cooper of the 16th moves to amend Committee substitute to HB 979 by adding to the Section 1 an additional sentence as follows:
Provided further that in the event that the railroad or railroads involved shall fail within the time allowed to install such device then the governing authority may proceed to have the device in stalled and then one half the cost shall be assessed against the railroad or railroads involved.

The Committee substitute, as amended, was adopted.
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, by substitute, as amended, the roll call was ordered and the vote was follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Battle Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bo wen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Caldwell Carnes Gates Chandler Cheeks Clarke

Cole Collins, J. P. Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Dodson Douglas Edwards Egan Pallin Farmer Farrar Fleming1

Floyd Funk Gary
Gay Gaynor Gignilliat Graves Grier Gunter Hadaway Hall Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howard Howell Hutchinson Jenkins Johnson, A. S.

MONDAY, FEBRUARY 5, 1968

899

Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambert Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Longino Lovell Lowrey Magoon M alone Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Melton

Merritt Miller Mixon Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nessmith Newton Nimmer Odom Oglesby Otwell Palmer Parker, H. W. Parrish Phillips Poss Potts Ragland Reaves Richardson Roach Rowland Rush Russell Savage Scarlett Shanahan Sherman

Shields Shuman Simmons
Sims Smith, G. W. Smith, J. R. Smith, V. T. Snow Starnes
Steis Sullivan Thompson, A. W, Thompson, R. Threadgill Townsend Tucker Turner Tye Vaughan, D. N. Vaughn, C. R. Walling Wamble Ware Wells Westlake Whaley Wiggins Williams Wilson, J. M. Winkles Wood

Voting in the negative was Mr. Cato.

Those not voting were Messrs.:

Bennett Busbee Dixon Dollar Dorminy Doster Grahl Hale Hargrett Lambros

Leonard Mason Matthews, D. R. Moate Nash Northcutt Pafford Paris Parker, C. A. Peterson

Pickard Rainey Ross Smith, W. L. Stalnaker Sweat Underwood Ward Wilson, R. W. Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 174, nays 1.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

900

JOURNAL OF THE HOUSE,

Mr. Smith of the 114th stated that he had been called from the floor of the House when the roll was called on HB 979, by substitute, as amended, but had he been present would have voted "aye'.

HB 1022. By Messrs. Graves, Starnes and Lowrey of the 13th, Moore and Dean of the 20th and Levitas of the 118th:
A Bill to be entitled an Act to authorize wrecking companies to dispose of motor vehicles worth $300 or less, the owner of which is unknown, after having custody for 6 months; and for other purposes.

The following Committee substitute was read:
A Bill to be entitled an Act to authorize automobile wrecking companies to sell or otherwise dispose of any motor vehicle worth $300.00 or less and the owner of which is unknown, after having had custody of the vehicle for not less than six months; to provide conditions which must be met before a sale; to provide for disbursement of funds received from a sale; to provide for the furnishing of information to the Department of Public Safety; to provide for subordination of liens, security interests and claims against vehicles sold; to define terms; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Any automobile wrecking company doing business in this State may sell or otherwise dispose of any motor vehicle which has been in its custody for not less than six months and the owner of which is unknown, upon the following conditions:
(a) The custody of the motor vehicle shall have been obtained by consent or order of law enforcement officials; and
(b) The automobile wrecking company shall have diligently sought the identity of the owner of the motor vehicle by advertising in a newspaper of general circulation a complete description of the auto mobile and by furnishing in writing a complete description of the motor vehicle, including its serial and license numbers to the Depart ment of Public Safety; and
(c) The automobile wrecking company shall have posted, for one week, the car's description, including its serial number and identifying marks, in a prominent place in or on the county courthouse of the county where the sale is to take place; and
(d) The automobile wrecking company shall not have been put on notice that there exist unsettled claims or liens against the motor vehicle.

MONDAY, FEBRUARY 5, 1968

901

SECTION 2

The disposition of the motor vehicle may be by public or private sale. Funds received for the motor vehicle shall be disbursed as fol lows:

(a) The wrecking company shall pay to itself the reasonable charges owing for towing, storage and other charges related to custody of the motor vehicle; and

(b) The balance shall be paid to the county treasurer of the county in which the wrecking company has its principal place of busi ness, to be put in the county's general fund.

SECTION 3

Upon completion of the sale or disposition of the motor vehicle, the wrecking company shall furnish the Department of Public Safety the following information:

(a) A description of the motor vehicle, including serial number, motor number and identifying marks; and

(b) Amount of the sale price; and

(c) Amount of the charges against the vehicle; and

(d) The name and address of the purchaser or transferee of the motor vehicle; and

(e) The exact location where the motor vehicle was recovered; and

(f) The name and address of the law enforcement official con senting to or ordering the motor vehicle to be removed to the wrecking company's place of business; and

(g) The date of sale or transfer.

SECTION 4
Upon completion of the requirements and conditions of Sections 1, 2 and 3, all liens, security interests and claims against the motor vehicle shall be subordinate to the wrecking company's proceeds, as is permitted by Code Section 109A-9-310.

SECTION 5

For the purpose of this Act, "Automobile Wrecking Company" shall include any person, firm or corporation which is called upon by authorized law enforcement officials to pick up, tow away and store abandoned or wrecked vehicles. "Motor Vehicle" shall mean any auto-

902

JOURNAL OF THE HOUSE,

mobile, truck or farm vehicle which does not exceed three hundred ($300.00) dollars in retail value according to the current "Red Book" or "Blue Book" published by National Market Reports, Inc., 900 South Wabash Avenue, Chicago, Illinois, or by securing three bids (which shall be kept for six months from date of sale by the automobile wreck ing company).

SECTION 6

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

The following amendments were read and adopted:
Mr. Palmer of the 117th moves to amend Committee substitute to HB 1022 by deleting from Section 2 1st. line, the words "or Private"
Mr. Levitas of the 118th moves to amend Committee substitute to HB 1022 by adding in Subsection (b) of Section 1 after the words "general circulation" and in lieu of the next succeeding six words, the words:
"in the county where the motor vehicle was obtained a com plete description of the motor vehicle"
Mr. Cooper of the 16th moves to amend Committee substitute to HB 1022 by deleting in section 5 the words by National Market Reports, Inc. 900 South Wabash Avenue, Chicago, Illinois and substituting there fore the following:
or other publication then accepted and used by automobile dealers in establishing the value of automobiles

The Committee substitute, as amended, was adopted.
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, by substitute, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams
Anderson Ballard Barber

Battle
Berry, J. K. Black Blalock

Bostick
Bowen Branch Brantley, H. H.

Brantley, H. L. Bray Brown, C. Buck Carnes Gates Cato Chandler Cheeks Cole Collins, J. F. Collins, M. Colwell Conner Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Davis Dean Dent Dickinson Dillon Dodson Dollar Dorminy Douglas Edwards Egan Fallin Farmer Floyd Funk Gay Gaynor Gignilliat Graves Grier Gunter Hadaway Hall Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson

MONDAY, FEBRUARY 5, 1968

903

Higginbotham Hill Holder Howard Howell Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambert Lambros Land Lane, Dick Lane, W. J. Leggett Leonard Levitas Lewis Longino Lovell
Lowrey Malone Matthews, C. Matthews, D. R. Mauldin, A. T. Maxwell McClatchey McDaniell Melton Merritt Miller Moore, Don C. Moore, J. H. Mullinax Murphy Nessmith Newton Nimmer Oglesby Otwell Pafford

Palmer Paris Parker, H. W. Phillips Pickard Poss Potts Ragiand Rainey Reaves Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shuman Simmons Sims Smith, G. W. Smith, J. R. Snow Starnes
Steis Thompson, A. W. Thompson, R. Threadgill Town send Tucker Tye Underwood
Vaughn, C. R. Walling Wamble Ware Wells Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkes Wood

Those voting in the negative were Messrs.:

Alexander Bond Brown, B. D. Daugherty

Gary Hood Hutchinson Jordan, G.

Lee, W. J. (Bill) Lee, W. S. Mixon Odom

904
Parrish Richardson

JOURNAL OF THE HOUSE,

Turner

Vaughan, D. N.

Those not voting were Messrs.:

Barfield Bennett Berry, C. E. Busbee Caldwell Clarke Cook DeLong Dixon Doster Farrar Fleming

Grahl Hale Hamilton Hargrett Harrison Magoon Mason McCracken Moate Moreland Nash Northcutt

Parker, C. A. Peterson Shields Smith, V. T. Smith, W. L. Stalnaker Sullivan Sweat Ward Wiggins Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 154, nays 16.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Mr. Smith of the 114th stated that he had been called from the floor of the House when the roll was called on HB 1022, by substitute, as amended, but had he been present, would have voted "aye".
HB 1170. By Messrs. Ware of the 42nd, Dean of the 20th, Gignilliat of the 113th, Gay of the 60th and Crowe of the 1st:
A Bill to be entitled an Act to amend an Act creating a State Depart ment of Veterans Service and providing for a Board of Veterans Service and a Director, so as to provide that the Director shall maintain full, adequate and complete copies of all records on veterans' benefits through the Department; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act creating a State Depart ment of Veterans Service and providing for a Board of Veterans Serv ice and a Director approved March 8, 1945 (Ga. Laws 1945, p. 319), as amended, so as to provide that the Director shall maintain full, adequate and complete copies of all records pertaining to claims on veterans who file claims for veterans' benefits through the Department; to repeal conflicting laws; and for other purposes.

MONDAY, FEBRUARY 5, 1968

905

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

SECTION 1

An Act creating a State Department of Veterans Service and pro viding for a Board of Veterans Service and a Director, approved March 8, 1945 (Ga. Laws 1945, p. 319), as amended, is hereby amended by striking Section 9 in its entirety and inserting in lieu thereof a new Section 9 to read as follows:

"Section 9. The Director shall maintain full, adequate and complete copies of all records pertaining to claims on veterans who file claims for veterans' benefits through the Department."

SECTION 2

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

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, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck

Caldwell Carnes Gates Cato Chandler Cheeks Cole Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent

Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards Egan Fallin Farmer Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Gunter Hadaway Hall

906

JOURNAL OF THE HOUSE,

Hamilton Hargrett Harrington Harris, J. F. Harris, R. W. Henderson Higginbotham Holder Howard Howell Hutchinson Jenkins Johnosn, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Lambert Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Lewis Longino Lovell Lowrey Malone

Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miller Mixon Moore, J. H. Moreland Mullinax Nessmith Newton Nimmer Odom Oglesby Pafford Palmer Parker, H. W. Parrish Peterson Phillips Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Russell

Savage Scarlett Shanahan Sherman Shuman Simmons Sims Smith, G. W. Smith, V. T. Snow Stalnaker Starnes Steis Sweat Thompson, A. W. Thompson, R. Townsend Tucker Turner
Tye
Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ware Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Wood

Those not voting were Messrs.:

Busbee Clarke Collins, J. F. Dickinson Farrar Fleming Grier Hale Harrison Hill Hood Laite

Lambros Levitas Magoon Mason MeCracken Moate Moore, Don C. Murphy Nash Northcutt Otwell Paris

Parker, C. A. Pickard Shields Smith, J. R. Smith, W. L. Sullivan Threadgill Ward Winkles Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 171, nays 0.

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

MONDAY, FEBRUARY 5, 1968

907

Mr. Smith of the 114th stated that he had been called from the floor of the House when the roll was called on HB 1170, by substitute, but had he been present would have voted "aye".

HB 1048. By Messrs. Ware of the 42nd, Dean of the 20th, Gignilliat of the 113th, Gay of the 60th, Russell of the 92nd and Steis of the 100th:
A Bill to be entitled an Act to amend an Act relating to seniority and retirement of veterans of World War II, so as to exclude all dishonor ably discharged veterans from certain seniority and retirement rights; and for other purposes.

The following amendment was read and adopted:
Messrs. Ware of the 42nd and Dean of the 20th move to amend HB 1048 as follows:
By striking from the title the words and semi-colon, so as to ex clude all dishonorably discharged veterans from certain seniority and retirement rights;" and inserting in lieu thereof the following:
"so as to extend certain seniority and retirement rights to all hon orably discharged veterans who were furloughed or given leave for the purpose of compulsory military service;"
By inserting between the words, "furloughed" and the word "from" and between the word "of" and the word "service" in quoted Section 1 of Section 1 the words "for the purpose of compulsory military service" and the word "compulsory", respectively.
By inserting between the word "leave" and the word "from" and between the word "of" and the word "service" in quoted Section 2 of Section 2 the following:
"for the purpose of compulsory military service" and the word, "compulsory", respectively.

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber

Barfield Battle Bennett Berry, C. E. Berry, J. K.

Black Blalock Bond Bostick Branch

908
Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck Caldwell Games Gates Cato Chandler Cheeks Clarke Cole Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards Egan Fallin Farmer Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Gunter Hadaway Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R.

JOURNAL OF THE HOUSE,

Harris, R. W. Harrison Henderson Higginbotham Hill Holder Howard Howell Hutchinson Jenkins Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambert Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Lewis Longino Lovell Lowrey Magoon Malone Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt
Miller Mixon Moate Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nessmith Newton Nimmer Odom Oglesby

Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Turner
Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Wells Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Wood

MONDAY, FEBRUARY 5, 1968

909

Those not voting were Messrs.:

Bowen Bray Busbee Collins, J. P. Dickinson Farrar Fleming Grier Hale

Hood Johnson, B. Lambros Levitas Mason Matthews, D. R. Moate Nash Northcutt

Russell Smith, J. R. Smith, V. T. Wamble Ward Wiggins Winkle Mr. Speaker

On the passage of the Bill, as amended, the ayes were 179, nays 0.

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

HB 886. By Mr. Dixon of the 83rd:
A Bill to be entitled an Act to amend an Act comprehensively revising the laws relating to subpoenas and other like processes and providing for the attendance of witnesses and fees thereof, so as to provide for the payment of fees to certain peace officers required to attend court and testify on behalf of the State during any hours except regular duty hours to which the officer is assigned; and for other purposes.

The following amendment was read and adopted:
The Judiciary Committee moves to amend HB 886 (1) by striking from the fourth and fifth lines of the printed bill in subsection (h) of Section 1 the words
"other state court, or county court"
and inserting in lieu thereof the following
"other courts"
and
(2) and by adding at the end of the first sentence of subsection (h) of Section 1 the following
"but not in excess of $8.00 per diem."
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, as amended, the ayes were 115, nays 4.

910

JOURNAL OP THE HOUSE,

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

HR 479-1029. By Messrs. Busbee of the 79th, Walling of the 118th, Bostick of the 93rd, Grahl of the 52nd and Mrs. Hamilton of the 137th:
A RESOLUTION
Adopting the "Report of the Teacher Certification Policies Study Committee", and for other purposes.
WHEREAS, pursuant to House Resolution No. 280 adopted at the 1967 session, the Teacher Certification Policies Study Committee was created to make a thorough study of the teacher training and certifica tion practices and policies of the State Board of Education of Georgia; and
WHEREAS, said Committee has completed its study and submitted its report to all members of the General Assembly; and
WHEREAS, during its study, said Committee heard testimony from many individuals including officials of the State Department of Educa tion, officials of education associations and councils, school superin tendents, principals, teachers and other knowledgeable in the field of education; and
WHEREAS, said Committee also referred to research reports and other available sources in completing its study; and
WHEREAS, based on its findings and conclusions, said Committee made important recommendations which, if fully implemented, would improve teacher training and certification policies and practices and, thereby, contribute to the betterment of public education in our State.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the "Report of the Teacher Certifica tion Policies Study Committee" is hereby adopted in its entirety, and it is urged that the recommendations contained therein be fully imple mented as soon as practicable.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit a copy of this resolution to each member of the State Board of Education; to Honorable Jack P. Nix, State Superintendent of Schools; to each mem ber of the Board of Regents, and to Honorable George L. Simpson, Jr., Chancellor of the Board of Regents.

Note: Copy of Teacher Certification Policies Study Committee report filed with Interim Committee Reports appearing in back of the House Journal.

MONDAY, FEBRUARY 5, 1968

911

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dickinson

Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards Egan Fallin Farmer Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howard Howell Hutchinson Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G.

Jordan, W. H. Kaylor Kirksey
Knapp Laite Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill)
Lee, W. S. Leggett Leonard Levitas Lewis Longino Lovell Lowrey Magoon M alone Matthews, C. Mauldin Maxwell McClatchey McCracken Melton Merritt Miller Mixon Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nessmith Newton Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris

912
Parker, C. A. Parker, H. W. Parrish Peterson Phillips Potts Ragland Rainey Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman

JOURNAL OP THE HOUSE,

Shields Shuman Simmons Sims Smith, G. W. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Turner

Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ware Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Bray Collins, M. Colwell Farrar Hale Jenkins

Mason Matthews, D. R. McDaniell Moate Nash Pickard

Poss Reaves Smith, J. R. Sullivan Ward Mr. Speaker

On the adoption of the Resolution, the ayes were 187, nays 0.

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

HB 967. By Messrs. Williams, Cooper and Wood of the 16th, Johnson of the 40th, Barber of the 24th, Adams of the 125th and Hood of the 124th:
A Bill to be entitled an Act to regulate driver training schools; to pro vide for their licensing and licensing of an instructor of a school; to pro vide for qualifications, insurance requirements, bond requirements; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to regulate driver training schools; to provide for their licensing and licensing of an instructor of a school; to provide for qualifications, insurance requirements, bond requirements, the re newal of licenses, registration fees and disposition of the moneys

MONDAY, FEBRUARY 5, 1968

913

received; to provide for penalties for violations; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1

Definitions. The following words and phrases when used in this Act shall, unless the content otherwise requires, have the meanings respectively ascribed to them in this section:

(a) "Motor vehicle" Every vehicle which is self-propelled upon or by which any person or property is or may be transported or drawn upon a public highway except devices used exclusively upon stationary rails or tracks.

(b) "Driver training schools" Any person, partnership or corpora tion giving driving instruction to ten (10) or more persons per calendar year for the purpose of meeting requirements for licensed driving of motor vehicles in Georgia.

(c) "Person" Every natural person, firm, copartnership, associa tion, corporation, or school.

(d) "Department" The State Department of Public Safety acting directly or through its duly authorized officers and agents.

(e) "Driver's license examiners" Examiners appointed by the De partment of Public Safety for the purpose of giving driver's license examination.

SECTION 2

No person shall operate a driver training school or engage in the business of giving instruction for hire in the driving of motor vehicles or in the preparation of an applicant for examination given by driver's license examiners for a driver's license or permit, unless a license there for has been secured from the Department.

SECTION 3

Every person in order to qualify to operate a driving school shall meet the following requirements:
(a) Be of good moral character.
(b) Maintain an established place of business to the public.
(c) Maintain bodily injury and property damage liability insurance on motor vehicles while used in driving instruction, insuring the liability

914

JOURNAL OP THE HOUSE,

of the driving school, the driving instructors and any person taking instruction in at least the following amounts: One hundred thousand dollars ($100,000) for bodily injury to or death of one person in any one accident and, subject to said limit for one person, two hundred thousand dollars ($200,000) for bodily injury to or death of two (2) or more per sons in any one accident and the amount of twenty thousand dollars ($20,000) for damage to property of others in any one accident. Evidence of such insurance coverage in the form of a certificate from the insur ance carrier shall be filed with the Department, and such certificate shall stipulate that the insurance not be canceled except upon ten (10) days prior written notice to the Department. Such insurance shall be written by a company authorized to do business in this State.

(d) Provide a continuous surety company bond in the principal sum of two thousand, five hundred dollars ($2,500) for the protection of the contractual rights of students in such form as will meet with the approval of the Department and written by a company authorized to do business in this State. However, the aggregate liability of the surety for all breaches of the condition of the bond in no event shall exceed the principal sum of two thousand, five hundred ($2,500). The surety on any such bond may cancel such bond on giving thirty (30) days notice thereof in writing to the Department and shall be relieved of liability for any condition of the bond which occurs after the effective date of cancellation.

(e) Have the equipment necessary to the giving of proper instruc tion in the operation of motor vehicles as prescribed by the Department.

(f) Pay to the Department an application fee of twenty-five dollars ($25).

SECTION 4

Every person in order to qualify as instructor for a driving school shall meet the following requirements:

(a) Be of good moral character.

(b) Must present to the Department evidence of credit in driver education and safety from an accredited college or university equivalent to credits in those subjects which are required of instructors in the public schools of Georgia.

(c) Be physically able to operate safely a motor vehicle and to instruct others in the operation of motor vehicles.

(d) Hold a valid driver's license.

(e) Pay to the Department an application fee of five dollars ($5).

SECTION 5

(a) The Department shall issue a license certificate to each appli cant to conduct a driver training school or to each driver training in-

MONDAY, FEBRUARY 5, 1968

915

structor when the Department is satisfied that such person has met the qualifications required under this Act.

(b) All outstanding licenses issued to any driver training school or driver training instructor pursuant to the provisions of this Act, shall expire as a matter of law at midnight on September 30 of the calendar year for which the license was issued and must be renewed annually, unless sooner canceled, suspended or revoked under the provisions of Section 7 of this Act.

(c) The license of each driver training school and each driver train ing instructor may be renewed subject to the same conditions as the original license, and upon payment of the same fee.

(d) All applications for renewal of a driver training school license or driver training instructor's license shall be on a form prescribed by the Department, and must be filed with the Department not more than sixty (60) days, nor less than ten (10) days preceding the expiration date of the license to be renewed.

SECTION 6

The Department is autorized to prescribe by rule standards for the eligibility, conduct, equipment, and operation of driver training schools and instructors and to adopt other reasonable rules and regulations to carry out the provisions of this Act.

SECTION 7

The Department may cancel, suspend, revoke, or refuse to renew any driver training school or driver training instructor's license:

(a) When the Department is satisfied that the licensee fails to meet the requirements to receive or hold a license under this Act.

(b) Whenever the licensee fails to keep the records required herein.

(c) Whenever the licensee permits fraud or engages in frandulent practices either with reference to the applicant or the Department, or induces or countenances fraud or fraudulent practices on the part of any applicant for a driver's license or permit.

(d) Whenever the licensee fails to comply with any provision of this Act or any rules of the Department made pursuant thereto.
(e) Whenever the licensee represents himself as an agent or em ployee of the Department or licensed examiners or uses advertising designed to lead or which would reasonably have the effect of leading persons to believe that such licensee is in fact an employee or representa tive of the Department or license examiners.

(f) Whenever the licensee or any employee or agent of the licensee solicits driver training or instruction in an office of any department of

916

JOURNAL OF THE HOUSE,

the State having to do with the administration of any law relating to motor vehicles.

(g) Whenever the licensee or any employee or agent, serving as a driver training instructor, has had his license canceled, suspended, or revoked.

SECTION 8
All moneys received under this Act shall be deposited with the State Treasurer.

SECTION 9
Any person violating any provision of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.

SECTION 10
This Act shall not apply to an accredited elementary school, second ary school, junior college or college conducting a driver training course, nor shall it apply to driver improvement schools operated by this State or a municipality thereof.
SECTION 11
This Act may be cited as "The Driver Training School License Act."

SECTION 12
This Act shall be effective on October 1, next succeeding its passage and approval by the Governor, or its otherwise becoming a law.

SECTION 13
All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendments were read and adopted:

Mr. Levitas of the 118th moves to amend Committee Substitute to H.B. 967 by adding in Section 10 immediately after the word "State" the words, "a county"

Mr. Caldwell of the 51st moves to amend Section 7 of Committee substitute to HB 967 as follows:

MONDAY, FEBRUARY 5, 1968

917

By changing the colon at the end of Section 7 to a comma and adding the following words "upon good cause being shown and after 10 days notice to the license holder

The Committee substitute, as amended, was adopted.

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, by substitute, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Battle Berry, C. E. Black Blalock Bond Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck Caldwell Games Gates Chandler Cheeks Cole Conner Cook Cooper, B. Cooper, J. R. Crowe, William Crowe, W. J. Dailey Daugherty Da vis Dean Dent Dillon Dixon Doster Douglas

Edwards Egan Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway Hall Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Hill Holder Hood Howard Howell Hutchinson Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Knapp Laite

Lambert Lambros Land Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Mauldin McClatchey McDaniell Melton Miller Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nessmith Nimmer Odom Otwell Palmer Paris Parker, C. A. Peterson Phillips Poss

918
Potts Bagland Boss Rush Russell Savage Scarlett Shanahan Shuman Simmons Sims

JOURNAL OF THE HOUSE,

Smith, J. R. Smith, V. T. Smith, W. L. Snow Steis Sweat Threadgill Townsend Turner Tye Underwood

Vaughan, D. N. Ware Wells Westlake Whaley Wiggins Williams Wilson, R. W. Winkles Wood

Those voting in the negative were Messrs.:

Bennett Bo wen Bray Clarke Collins, M. DeLong Dorminy Fallin

Fleming Kirksey Matthews, D. R. Merritt Mixon Newton Pafford Parker, H. W.

Parrish Reaves Rowland Starnes Thompson, A. W. Tucker Wamble

Those not voting were Messrs.:

Barfield Berry, J. K. Bostick Branch Busbee Cato Collins, J. F. Colwell Cox Dickinson Dodson Dollar Farmer Farrar

Floyd Hale Hargrett Higginbotham Jenkins Lane, W. J. Leggett Maxwell McCracken Moate Nash Northcutt Oglesby Pickard

Rainey Richardson Roach Sherman Shields Smith, G. W. Stalnaker Sullivan Thompson, R. Vaughn, C. R. Walling Ward Wilson, J. M. Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 140, nays 23.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Mr. Dodson of the 107th stated that he had been called from the floor of the House when the roll was called on HB 967, by substitute, as amended, but had he been present would have voted "aye".

MONDAY, FEBRUARY 5, 1968

919

HB 1132. By Messrs. McClatchey of the 138th and Busbee of the 79th:
A Bill to be entitled an Act to amend Ga. Code Sec. 113-903 (3) by pro viding that upon the death of a husband intestate leaving a wife and children or representatives of deceased children, it shall be presumed that the wife elects to take a child's part as provided by the section un less she files an application for dower as by law provided during her lifetime; and for other purposes.

The following amendment was read and adopted:

Mr. Levitas of the 118th District moves to amend HB 1132 by transposing the last three words of the section so that the last six words read as follows:
"during her lifetime as by law provided."

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Caldwell Carnes Gates Cato

Chandler Cheeks Cole Collins, J. F. Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Dollar

Dorminy Douglas Edwards Egan Fallin Farmer Fleming Floyd Gay Gaynor Gignilliat Grahl Graves Gunter Hadaway Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson

920

JOURNAL OF THE HOUSE,

Higginbotham Hill Holder Hood Howard Howell Hutchinson Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambert Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C.

Mauldin Maxwell McClatchey McDaniell Melton Merritt Miller Mixon Moore, Don C. Moore, J. H. Murphy Nash Nessmith Newton Nimmer Odom Oglefiby Otwell Pafford Palmer Paris Parker, C. A. Parrish Phillips Pickard Poss Potts Ragland Reaves Richardson Roach Ross Rowland

Rush Savage Scarlett Shanahan Sherman Shields Simmons Sims Smith, J. R. Smith, V. T. Smith, W. L. Snow Starnes Steis Sweat Thompson, A. W. Townsend Tucker Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Wood

Those not voting were Messrs.:

Barfield Bowen Busbee Clarke Doster Farrar Funk Gary Grier Hale Jenkins

Lambros Leggett Leonard Matthews, D. R. MeCracken Moreland Mullinax Northcutt Parker, H. W. Peterson Rainey

Russell Shuman Smith, G. W. Stalnaker Sullivan Thompson, R. Threadgill Wamble Ward Winkles Mr. Speaker

On the passage of the Bill, as amended, the ayes were 171, nays 0.

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

MONDAY, FEBRUARY 5, 1968

921

Mr. Gary of the 35th stated that he had been called from the floor of the House when the roll was called on HB 1132, but had he been present would have voted "aye".

HB 1072. By Messrs. Smith of the 54th, Williams of the 16th and Pickard of the 112th:
A Bill to be entitled an Act to amend Georgia Code Section 68-633 in order to provide that motor common carriers engaged in interstate com merce in this State shall register with the Georgia Public Service Com mission; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Battle Bennett Berry, C. E. Berry, J. K. Blalock Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Caldwell

Carnes Gates Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Daugherty Davis Dean DeLong Dent

Dickinson Dillon Dixon Dodson Dorminy Doster Douglas Edwards Egan Fallin Fleming Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway

922

JOURNAL OF THE HOUSE,

Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambert Land Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell

Lowrey Magoon Malone Mason Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton
Merritt Miller Mixon Moore, Don C. Moore, J. H. Moreland Murphy Nash Nessmith Newton Nimmer Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Rapland Rainey Reaves

Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shuman Simmons Sims Smith, W. L. Snow Stalnaker Starnes Steis Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Tye Underwood Vaughan, D. N. Walling Wamble Ware Wells Westlake Whaley Wiggins Williams Wilson, R. W. Wood

Those not voting were Messrs.:

Barfield Black Busbee Cato Dailey Dollar Farmer Farrar Floyd Hale

Lambros Lane, W. J. Leggett Matthews, C. McCracken Moate Mullinax Northcutt Shields Smith, G. W.

Smith, J. R. Smith, V. T. Sullivan Turner Vaughn, C. R. Ward Wilson, J. M. Winkles Mr. Speaker

On the passage of the Bill, the ayes were 176, nays 0.

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

MONDAY, FEBRUARY 5, 1968

923

HB 1073. By Messrs. Smith of the 54th, Williams of the 16th, and Pickard of the 112th:
A Bill to be entitled an Act to amend Georgia Code Section 68-525(a), in order to provide that motor carriers engaged in interstate commerce in this State shall register with the Georgia Public Service Commission; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 126, nays 0.

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

The Speaker resumed the Chair.

Mr. Murphy of the 26th arose to a point of personal privilege and addressed the House.

Mr. Murphy of the 26th moved that the following Bill of the House be taken from the table:

HB 935. By Messrs. Murphy of the 26th and McClatchey of the 138th:
A Bill to be entitled an Act to amend Code Section 13-2023, so as to pro vide for the purchase of capital stock in subsidiary corporations or ganized for the purpose of exercising such incidental powers as may be necessary to carry on the business of banking.

The motion prevailed, and HB 935 was taken from the table.

Mr. Busbee of the 79th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

924

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, February 6, 1968

The House met pursuant to adjournment at 10:00 o'clock A. M., this day and was called to order by the Speaker.

Prayer was offered by Elder V. H. Hooks, Pastor, Primitive Baptist Church, Lexsey, Georgia.

The roll was called and the following Representatives answered to their names:

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bo wen Branch Brantley, H. L. Bray
Brown, B. D. Buck Busbee Caldwell Carnes Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J.

Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edward Fallin Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Gunter Hadaway Hale Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison

Henderson Higginbotham Hill Holder Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jordan, G. Kaylor Kirksey Knapp Laite Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell

McClatchey McCracken McDaniell Melton Merritt Miller Mixon Mo ate Moore, Don C. Moore, J. H. Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish

TUESDAY, FEBRUARY 6, 1968

925

Peterson Phillips Pickard Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett Sherman Shields Shuman Simmons Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker

Starnes Steis Sullivan
Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Turner
Tye Underwood Vaughan, D. N. Vaughn, C. R. Wamble Ward Ware Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Wood Mr. Speaker

Those not answering to their names were Messrs.:

Brantley, H. H. Brown, C. Colwell Egan Grier

Hood Jones, M. Jordan, W. H. Moreland Shanahan

Sims Tucker Walling Winkles

Mr. Kirksey of the 87th, Acting Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.
By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:

1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions.

926

JOURNAL OF THE HOUSE,

3. Second reading of Bills and Resolutions.

4. Reports of Standing Committees.

5. Third reading and passage of local uncontested Bills.

6. First reading and reference of Senate Bills and Resolutions.

The following reports of the Committee on Rules were read and adopted:

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, February 6, 1968, and submits the following:

HB 813. Private parking areas, illegally parked.

HB 862. Municipalities, grants, quarterly basis.

HB 869. Counties, grants, quarterly basis.

HB 889. Superior Court Clerks, recording fees.

HB 980. Highway Director, functions and duties.

HB 981. Highways, seller of fruits, nuts, etc.

HB 987. Highway Director, qualifications.

HB 991. Highway Department, legal fees for services.

HB 992. Hauling of timber, lumber, highways.

HB 1144. Simulated court process, prohibit use to collect debt.

HB 1178. Political Party Convention, rules.

HB 1181. Clayton Judicial Circuit, terms of judges.

HR 217-712. Revenue bonds, student loans.

SB

234. Department of Air Transportation.

SR

146. Pertaining to Uniform Time.

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.

Respectfully submitted,

Mr. Speaker:

Busbee of the 79th

Your Committee on Rules met and amended the calendar for today's busi ness, February 6th, 1968, by adding the following:

TUESDAY, FEBRUARY 6, 1968

927

HB 915. Daylight Savings Time, Abolish.

The Speaker shall have the right to call the above Bill in any order which he may desire.
Respectfully submitted,
Busbee of the 79th, Vice-Chairman.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

HB 1248. By Mr. Parrar of the 118th:
A Bill to be entitled an Act to amend an Act known as the "State Council for the Preservation of Natural Areas", so as to provide that the Council shall be authorized to employ an Executive Director and other personnel; and for other purposes.
Referred to the Committee on Natural Resources.

HB 1249. By Mr. Doster of the 73rd:
A Bill to be entitled an Act to provide that the members of the Telfair County Hospital Authority shall be appointed by the Telfair County Grand Jury; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1250. By Mr. Doster of the 73rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of McRae, so as to change the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1251. By Messrs. Cole and Smith of the 3rd:
A Bill to be entitled an Act to amend an Act amending, revising, super seding and consolidating the laws pertaining to the governing authority of Whitfield County and creating a Board of Commissioners of Roads and Revenues, so as to change the compensation of the Board of Com missioners of Roads and Revenues; and for other purposes.
Referred to the Committee on Local Affairs.

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JOURNAL OF THE HOUSE,

HB 1252. By Mr. Lovell of the 6th:
A Bill to be entitled an Act to provide for the compensation of the respective secretaries of the ordinary, tax commissioner and clerk of the Superior Court of Rabun County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1253. By Mr. Jones of the 76th:
A Bill to be entitled an Act to amend Code Section 88-1707, relating to the compensation of local registrars and local custodians of vital records, so as to change the amount of such compensation; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 1254. By Mr. Ross of the 31st:
A Bill to be entitled an Act to amend an Act placing the sheriff of Taliaferro County on an annual salary, so as to change the compensa tion of the sheriff; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1255. By Mr. Ross of the 31st:
A Bill to be entitled an Act to amend an Act relating to the Board of Commissioners of Taliaferro County, so as to change the compensation of the members of the Board other than the chairman; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1256. By Mr. Crowe of the 80th:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Worth County on an annual salary in lieu of the fee basis of com pensation, so as to change the effective date of said Act; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1257. By Messrs. Harris, Farrar, Walling and Levitas of the 118th, Jenkins, Westlake, and Davis of the 119th, Malone, Smith and Palmer of the 117th:
A Bill to be entitled an Act to amend an Act authorizing the establish ment of a merit system for employees of DeKalb County, so as to provide that there shall be no discrimination between employees under the merit system and those not under the merit system in the granting of so-called "merit Salary increases"; and for other purposes.
Referred to the Committee on Local Affairs.

TUESDAY, FEBRUARY 6, 1968

929

HB 1258. By Mr. Paris of the 23rd:
A Bill to be entitled an Act to change the terms of the Superior Courts of the Piedmont Judicial Circuit; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1259. By Messrs. Westlake, Jenkins, Higginbotham and Davis of the 119th, Smith, Malone and Vaughn of the 117th, and Farrar of the 118th:
A Bill to be entitled an Act to amend Code Chapter 59-1, so as to change the method of selecting grand and traverse jurors; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1260. By Mr. Henderson of the 102nd:
A Bill to be entitled an Act to amend an Act known as the "Family Planning Services Act", so as to change the classification of persons to whom family planning services may be offered; and for other pur poses.
Referred to the Committee on Welfare.

HB 1261. By Mr. Holder of the 70th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Milan, so as to extend the corporate limits of said City; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1262. By Mr. Holder of the 70th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Eastman, so as to provide a time for the opening and closing of polls, for the date of election of councilmen, the amount of entrance fee of those desiring to run for councilmen, elimination of a ceiling on councilmen's compensation; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1263. By Messrs. Davis, Jenkins and Westlake of the 119th and Malone of the 117th:
A Bill to be entitled an Act to amend Code Section 67-2001, so as to provide that liens shall be created in favor of lessors of material or equipment, or material and equipment, used in building, repairing or improving real estate; and for other purposes.
Referred to the Committee on Special Judiciary.

930

JOURNAL OF THE HOUSE,

HB 1264. By Messrs. Davis, Westlake and Higginbotham of the 119th, Malone, Smith and Palmer of the 117th:
A Bill to be entitled an Act to amend Code Section 92-4902, relating to the requirement that tax collectors keep a cash book, so as to provide that entries required to be made in said book shall be entered within a certain length of time after receiving payment of taxes; and for other purposes.
Referred to the Committee on Judiciary.

HB 1265. By Mr. Collins of the 62nd:
A Bill to be entitled an Act to consolidate the office of tax receiver and tax collector of Toombs County into the office of the tax commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1266. By Mr. Collins of the 62nd:
A Bill to be entitled an Act to amend an Act incorporating the City of Lyons, so as to provide for qualifications for office of Mayor and Councilmen; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1267. By Messrs. Wilson, Knapp and Ragland and Laite of the 109th, Miller of the 108th and Dodson of the 107th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Macon, so as to increase the pension benefits payable to widows and children of firemen and policemen whose death results in line of duty; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1268. By Messrs. Smith, Cole and Leonard of the 3rd: A Bill to be entitled an Act to incorporate the City of Varnell, in the County of Whitfield; to provide for a charter for said city; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1269. By Messrs. Smith, Cole and Leonard of the 3rd: A Bill to be entitled an Act to amend an Act incorporating the Town of Tunnell Hill, so as to increase the maximum amount of the fine which may be levied for violating a city ordinance; and for other purposes.
Referred to the Committee on Local Affairs.

TUESDAY, FEBRUARY 6, 1968

931

HB 1270. By Messrs. Crowe and Snow of the 1st:
A Bill to be entitled an Act to provide that in all counties of this State having a population of not less than 44,000, nor more than 45,300, it shall be unlawful to hunt, catch, take, kill or attempt to hunt, catch, take or kill foxes by the use or aid of recorded calls or sounds or recorded or electronically amplified imitations of calls or sounds; and for other purposes.
Referred to the Committee on Game and Fish.

HB 1271. By Mr. Bowen of the 69th:
A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court, the Sheriff and the Ordinary of Dooly County on an annual salary, so as to provide that the Ordinary shall receive from Dooly County a sum not less than $150.00 per month and not more than $250.00 per month; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1272. By Mr. Collins of the 62nd:
A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court, the Ordinary, the Tax Collector and the Tax Receiver of Toomb County, known as the fee system; to provide in lieu thereof annual salaries for such officers; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1273. By Mr. Bowen of the 69th:
A Bill to be entitled an Act to create the Small Claims Court of Dooly County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1274. By Mr. Collins of the 62nd:
A Bill to be entitled an Act to amend an Act entitled "An Act to place the Sheriff of Toombs County upon an annual salary in lieu of the fee system of compensation", so as to change the salary of the Sheriff of Toombs County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1275. By Messrs. Hale and Crowe of the 1st:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Trenton, so as to change the provisions of said charter relative to salaries and compensation of the Mayor, Councilmen and Recorder of said City; and for other purposes.
Referred to the Committee on Local Affairs.

932

JOURNAL OF THE HOUSE,

HB 1276. By Messrs. Farmer and Matthews of the 29th:
A Bill to be entitled an Act to amend Code Section 59-106, so as to pro vide the jury commissioners, in counties having a population of more than 45,300 and less than 46,000, shall select not less than one-third and not more than two-fifth of the whole number of the jury list, to serve as grand jurors; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1277. By Mr. Fleming of the 106th:
A Bill to be entitled an Act to amend an Act authorizing the govern ing authorities of municipalities and counties to establish planning commissions, so as to require a brief description of the property sought to be rezoned to be published in a newspaper of general circulation in the county by the secretary of the planning commission; and for other purposes.
Referred to the Committee on Natural Resources.
HB 1278. By Mr. Rush of the 75th:
A Bill to be entitled an Act to provide for the election of members of the Board of Education of Tattnall County; to provide for education districts; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1279. By Mr. Rush of the 75th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues for Tattnall County, so as to change the number of commissioners; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1280. By Messrs. Gunter of the llth and Busbee of the 79th:
A Bill to be entitled an Act to provide that in all criminal cases tried by a jury it shall be the duty of the jury to return a verdict of guilty or not guilty; to provide that upon the return of a verdict of guilty, the jury shall hear evidence as to the defendant's prior criminal record; and for other purposes.
Referred to the Committee on Judiciary.

HR 602-1280. By Mr. Wilson of the 102nd:
A Resolution authorizing the conveyance of a certain tract of land in Cobb County; and for other purposes.
Referred to the Committee on State Institutions & Property.

TUESDAY, FEBRUARY 6, 1968

933

HR 603-1280. By Mr. Moore of the 12th: A Resolution authorizing the conveyance of certain real property located in Stephens County; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 1281. By Mr. Lambert of the 38th:
A Bill to be entitled an Act to amend an Act placing certain county officers of Greene County on a salary basis, so as to change the com pensation of the sheriff, the clerk of the superior court, and the ordinary of Greene County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1282. By Mr. Lambert of the 38th:
A Bill to be entitled an Act to amend an Act placing the sheriff, clerk of the superior court, ordinary, tax collector and tax receiver of Morgan County on a salary basis, so as to change the compensation of the clerk of the superior court, ordinary and sheriff of Morgan County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1283. By Mr. Lambert of the 38th:
A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Morgan County into the office of the tax commis sioner of Morgan County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1284. By Mr. Lambert of the 28th:
A Bill to be entitled an Act to abolish the office of treasurer of Morgan County; to provide that the board of commissioners of roads and reve nues of Morgan County shall appoint depositories for county funds; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1285. By Mr. Lambert of the 38th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues in and for Green County, so as to change the compensation of the Chairman and members; and for other purposes.
Referred to the Committee on Local Affairs.

934

JOURNAL OP THE HOUSE,

HB 1286. By Mr. Lambert of the 38th:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Rutledge, so as to change the name of the Town of Rutledge to the City of Rutledge; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1287. By Mr. Lambert of the 38th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues in and for the County of Morgan, so as to change the compensation of the chairman, the vice-chairman, and other members of said board of commissioners; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1288. By Mr. Lambert of the 38th:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Greene County into the one office of tax commissioner, so as to change the compensation of the tax commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

HR 604-1288. By Mr. Lambert of the 38th:
A Resolution compensating H. K. Moody; and for other purposes. Referred to the Committee on Appropriations.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 1227. By Messrs. Caldwell of the 51st, Lee, Gary and Northcutt of the 35th, Melton and Brown of the 34th: A Bill to be entitled an Act to amend an Act entitled "An Act to create a new judicial circuit for the State of Georgia, to be called the Griffin Circuit, and to be composed of the counties of Spalding, Pike, Upson, and Fayette", so as to fix the compensation of the Solicitor General of the Griffin Judicial Circuit; and for other purposes.
HB 1228. By Messrs. Caldwell of the 51st, Lee, Gary and Northcutt of the 35th, Melton and Brown of the 34th: A Bill to be entitled an Act to amend an Act providing a salary for the official court reporter of the Griffin Judicial Circuit, so as to change the salary of said court reporter; and for other purposes.

TUESDAY, FEBRUARY 6, 1968

935

HB 1229. By Messrs. Higginbotham of the 119th, Mixon of the 81st, Grahl of the 52nd, Ward of the 2nd and Parker of the 68th:
A Bill to be entitled an Act to provide that no State official, officer or employer shall receive a contingent expense allowance or any other allowance unless said officer, official or employee shall have been authorized to receive such allowance pursuant to the provisions of a specific act of the General Assembly authorizing such official to receive the same; and for other purposes.

HB 1230. By Mr. Harris of the 85th:
A Bill to be entitled an Act to amend an Act comprehensively and exhaustively revising, superseding and modernizing pretrial, trial and certain post trial procedures in civil cases, so as to provide for service by publication when so ordered by the court; to provide that a party may amend his pleadings at any time before the entry of a pretrial order; and for other purposes.

HB 1231. By Mr. Reaves of the 99th:
A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners for Brooks County, so as to increase the compen sation of the chairman and members of the Board; and for other pur poses.

HB 1232. By Mr. Kirksey of the 87th:
A Bill to be entitled an Act to amend an Act amending, consolidating and superseding the several Acts incorporating the City of Colquitt, so as to eliminate the provisions providing certain areas in the city limits shall not be subject to city taxes until certain services are ren dered to said area; and for other purposes.

HB 1238. By Mr. Threadgill of the 32nd:
A Bill to be entitled an Act to amend an Act providing uniform standards for audits of municipalities and counties within the State of Georgia, so as to make the provisions of the Act applicable to all audits of the financial affairs of a county, municipality or an officer, board, depart ment, unit or other political subdivision of a county or municipality; and for other purposes.

HB 1239. By Messrs. Collins of the 62nd and Longino of the 122nd:
A Bill to be entitled an Act to amend Code Section 100-108, so as to provide that any authorized State Depository may accept State deposits up to the amount of its capital before such depository shall be required to give a bond or deposit securities in lieu of a bond to cover the maxi mum amount to be deposited in excess of its capital; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 1240 By Mr. Brantley of the 63rd:
A Bill to be entitled an Act prohibiting strikes by State employees, so as to include municipalities, counties and other political subdivisions within the coverage of said Act; and for other purposes.

HB 1241. By Messrs. Paris of the 23rd, Murphy of the 26th, Miller of the 108th and Ragland of the 109th:
A Bill to be entitled an Act to amend Chapter 25-1 of the Code of Georgia, relating to credit unions; to further define the powers of the Superintendent of Banks with respect to credit unions; and for other purposes.

HE 592-1241. By Messrs. Melton and Brown of the 34th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Spalding County to establish and administer sanitation, sewerage and fire protection districts within the unincorporated areas of said county and to levy taxes, issue bonds and have the power to eminent domain in connection therewith; and for other purposes.

HR 593-1241. By Messrs. Lee, Gary and Northcutt of the 35th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Fayette County to establish, water, sewerage and fire protection districts in Fayette County; and for other purposes.

HR 594-1241. By Messrs. Turner of the 123rd, Chandler of the 47th, Melton of the 34th, Rowland of the 48th, McCracken of the 49th and others:
A Resolution creating a joint committee to study the feasibility of establishing a Georiga Housing Administration; and for other pur poses.
HB 1242. By Mr. Gunter of the llth:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Baldwin, in the counties of Banks and Habersham, so as to change the term of office of the mayor; and for other purposes.
HB 1243. By Messrs. Cooper of the 103rd, Henderson and Wilson of the 102nd, Howard and McDaniell of the 101st:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Cobb County, so as to change the provisions relating to the appointment of certain officers and em ployees of Cobb County; and for other purposes.

TUESDAY, FEBRUARY 6, 1968

937

HR 595-1243. By Mr. Henderson of the 102nd: A Resolution compensating Billy W. Parks; and for other purposes.

HB 1244. By Messrs. Moore of the 12th, Barber of the 24th and Roach of the 15th:
A Bill to he entitled an Act to amend an Act providing that teachers in the public schools of this State shall be entitled to sick leave with full pay, so as to provide that said teachers shall not lose accumulated sick leave when transferring from one school to another; and for other purposes.

HB 1245. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Bill to be entitled an Act to amend Act creating the Department of Public Safety, to establish within the Department of Public Safety a Division to be known as the Security Guard Division; and for other purposes.

HB 1246. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th, and Caldwell of the 51st:
A Bill to be entitled an Act to amend an Act prohibiting the purchase of any passenger automobile by any department, institution, bureau or agency of the State, so as to provide that passenger automobiles may be purchased, leased or rented for use by and on behalf of the Governor; and for other purposes.

HB 1247. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Bill to be entitled an Act to amend an Act creating the State Litera ture Commission, so as to change definition of obscene literature; to change the per diem of members of the Commission; to provide compen sation for the executive secretary; and for other purposes.

HR 596-1247. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Resolution to ratify, approve, and confirm the Executive Order of the Governor, dated March 29, 1967, suspending the collection of taxes imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on certain tangible personal property purchased outside the State of Georgia and subsequently brought into this State as a result of the purchaser becoming domiciled herein until the next meeting of the General Assembly; and for other purposes.

938

JOURNAL OF THE HOUSE,

HR 597-1247. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Resolution to ratify, approve and confirm the Executive Order of the Governor, Dated March 29, 1967, suspending the collection of the tax im posed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the sale and use of the Holy Bible and Testaments until the next meeting of the General Assembly; and for other purposes.

HR 598-1247. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Resolution to ratify, approve and confirm the Executive Order of the Governor, dated March 20, 1967, suspending the collection of taxes im posed by the Georgia Retailers' and Consumers' Sales and Use Tax Act upon the sale of tangible personal property to certain general non profit hospitals until the next meeting of the General Assembly; and for other purposes.

HR 599-1247. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Resolution to ratify, approve and confirm the Executive Order of the Governor dated March 29, 1967, suspending the collection of taxes imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the sales of food to private non-profit, accredited elementary schools until the next meeting of the General Assembly; and for other purposes.

HR 600-1247. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Resolution to ratify, approve and confirm the Executive Order of the Governor dated December 12, 1967, designating the new official residence of the Governor of the State of Georgia as the Executive Center and designating the Executive Center as the official residence of the Governor; and for other purposes.
SR 182. By Senator Hall of the 52nd:
A Resolution proposing an amendment to the Constitution, so as to authorize the Board of Education of Floyd County to establish and participate in the cost of maintaining insurance, workmen's compen sation and hospital programs for its employees; and for other pur poses.
SB 254. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend an Act providing for the creation of the office of solicitor general emeritus, so as to provide that certain time served by a solicitor general as a member of the General Assembly

TUESDAY, FEBRUARY 6, 1968

939

of Georgia and in the armed forces of the United States may be counted toward computing the number of years service required of a solicitor general by said Act; and for other purposes.

SB 259. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety and providing for the issuance, revocation, cancellation and suspension of drivers' licenses, so as to change the requirements for certain honorary drivers' licenses; and for other purposes.

SB 293. By Senator Webb of the llth:
A Bill to be entitled an Act to provide that any bill making a change in the amount of compensation or allowances of any elected or ap pointed State department or agency head must be introduced in the General Assembly during the first ten days of any session thereof; and for other purposes.

SB 299. By Senator Carter of the 14th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Administrative Procedure Act", so as to authorize the Secretary of State to make available the official compilation, Rules and Regulations of the State of Georgia, without charge to Solicitors-General of the superior courts; and for other purposes.

Mr. Ware of the 42nd, Chairman of the Committee on Defense and Veterans Affairs submitted the following report:
Mr. Speaker:
Your Committee on Defense and Veterans Affairs has had under considera tion the following Bills of the Senate and House and has instructed me as Chair man, to report the same back to the House with the following recommendations:
SB 245. Do Pass by Substitute. SB 258. Do Pass by Substitute. HB 1169. Do Pass.
Respectfully submitted, Ware of the 42nd, Chairman.
Mr. Barber of the 24th, Chairman of the Committee on Education submitted the following report:

940 Mr. Speaker:

JOURNAL OF THE HOUSE,

Your Committee on Education has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:

HB 1198. Do Pass.

Respectfully submitted, Barber of the 24th, Chairman.

Mr. Caldwell of the 51st, Chairman of the Committee on Legislative & Con gressional Reapportionment submitted the following report:

Mr. Speaker:

Your Committee on Legislative & Congressional Reapportionment has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommend ation :
HB 1226. Do Pass by Substitute.
Respectfully submitted,
Caldwell of the 51st,
Chairman.

Mr. Clarke of the 45th, Chairman of the Committee on Local Affairs sub mitted the following report:

Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1173. Do Pass. HB 1174. Do Pass. HB 1210. Do Pass. HB 1211. Do Pass. HB 1212. Do Pass. HB 1217. Do Pass. HB 1228. Do Pass.

TUESDAY, FEBRUARY 6, 1968

941

HB 1231. Do Pass. HB 1232. Do Pass. HB 1242. Do Pass. HB 1243. Do Pass. HR 557-1216. Do Pass. HR 593-1241. Do Pass.

Respectfully submitted, Clarke of the 45th, Chairman.

Mr. Lee of the 35th, Chairman of the Committee on Industrial Relations sub mitted the following report:

Mr. Speaker:

Your Committee on Industrial Relations has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 957. Do Pass. Respectfully submitted, Lee of the 35th Chairman.
Mr. Pickard of the 112th, Chairman of the Committee on Industry submitted the following report:

Mr. Speaker:
Your Committee on Industry has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 855. Do Not Pass. SB 186. Do Pass by Substitute. SB 204. Do Not Pass.
Respectfully submitted, Sweat of the 83rd, Acting Chairman.

942

JOURNAL OF THE HOUSE,

Mr. Conner of the 91st, Chairman of the Committee on Insurance submitted the following report:

Mr. Speaker:

Your Committee on Insurance has had under consideration the following Bills and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 966. Do Pass.

HB 240. Do Pass.

HB 1090. Do Pass.

HR 579. Do Pass.

Respectfully submitted, Conner of the 91st, Chairman.

Mr. Williams of the 16th, Chairman of the Committee on Motor Vehicles submitted the following report:

Mr. Speaker:

Your Committee on Motor Vehicles has had under consideration the follow ing Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 881. Do Pass by Substitute.
Respectfully submitted,
Williams of the 16th,
Chairman.

Mr. McClatchey of the 138th, Vice-Chairman of the Committee on Special Judiciary submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the follow ing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 220. Do Pass.
HB 533. Do Not Pass.

TUESDAY, FEBRUARY 6, 1968

943

HB 814. Do Not Pass.
HB 950. Do Pass by Substitute.
HB 1038. Do Pass by Substitute. Respectfully submitted, McClatchey of the 138th, Vice-Chairman.
Mr. Chandler of the 47th, Chairman of the Committee on State Institutions and Property submitted the following report:

Mr. Speaker:

Your Committee on State Institutions & Property has had under consideration the following Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommend ations :

HB

931. Do Pass.

HB

878. Do Pass.

HB

826. Do Pass.

HR 520-1103. Do Pass.

HR 498-1089. Do Pass.

Respectfully submitted, Colwell of the 5th, Secretary.

Mr. McCracken of the the 49th, Chairman of the Committee on State of Re public submitted the following report:

Mr. Speaker:

Your Committee on State of Republic has had under consideration the follow ing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1050. Do Pass as Amended.
HB 1010. Do Pass.
HB 1015. Do Pass by Substitute.
HB 1016. Do Pass.

944

JOURNAL OF THE HOUSE,

HB 1021. Do Pass. HB 1008. With No Recommendation.
Respectfully submitted, McCracken of the 49th, Chairman.

The following message was received from the Senate through Mr. McWhorter the Secretary thereof:

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:

SB 180. By Senator Cox of the 21st:
A Bill to repeal Section 24-3104 of the Code of Georgia, relating to the compensation of court reporters by counties; to repeal conflicting laws; and for other purposes.
SB 237. By Senator Johnson of the 42nd:
A Bill to amend an Act entitled "An Act to prohibit the State of Geor gia or any department thereof or any political subdivision thereof from employing in any agency of the State of Georgia or any of its depart ments or political subdivisions any alien except where there is no qual ified American citizen available"; to repeal all conflicting laws; and for other purposes.

SB 272. By Senators Kilpatrick of the 44th, Searcey of the 2nd, Knight of the 16th and Plunkett of the 30th: A Bill to amend an Act providing for the annexation of areas contiguous to incorporated municipalities by petition and providing procedures therefor, approved March 10, 1966, so as to change the percentages; to repeal conflicting laws; and for other purposes.
SB 294. By Senators Rowan of the 8th, Kidd of the 25th, Adams of the 26th, and Gregory of the 15th: A Bill to amend Code Section 77-310 relating to penal institutions, classification and segregation of prisoners; to repeal conflicting laws; and for other purposes.
The Senate has adopted the following Resolutions of the House, to-wit:

TUESDAY, FEBRUARY 6, 1968

945

HR 565. By Messrs. Collins of the 88th, Smith of the 54th, Jordan of the 78th and others:
A Resolution commending our men in the Armed Forces; and for other purposes.

HR 574. By Messrs. Steis of the 100th, Magoon of the 19th and Smith of the 54th:
A Resolution expressing regrets and sympathy upon the death of Mrs. Frank E. (Millie) Blankenship; and for other purposes.

HR 576. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Resolution commending and congratulating Bob Hope; and for other purposes.

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 1173. By Mr. Malone of the 117th:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend 'An Act to incorporate Doraville, in the County of DeKalb' and to ap point commissioners for the same and for other purposes therein mentioned", so as to redefine the corporate limits; to provide that the Chairman of the City Commission shall also be known as the Mayor of the City; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 1174. By Mr. Malone of the 117th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Chamblee, so as to increase the maximum millage which might be levied by said city; to raise the maximum limit prescribed for the sanitary tax; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

946

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1210. By Mr. Leggett of the 21st:
A Bill to be entitled an Act to provide for the election of members of the Board of Education of Paulding County by the people; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1211. By Mr. Leggett of the 21st:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court, the sheriff, ordinary, and the coroner of Paulding County on a salary basis in lieu of a fee basis, so as to increase the number of deputies the sheriff of Paulding County may appoint; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1212. By Mr. Rush of the 75th: A Bill to be entitled an Act to amend an Act placing the sheriff of Long County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff of Long County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

TUESDAY, FEBRUARY 6, 1968

S47

On the passage of the Bill, the ayes were 112, nays 0.

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

Mr. Palmer of the 117th arose to a point of personal privilege and addressed the House.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Special Judiciary and referred to the Committee on Local Affairs:

HB 1125. By Messrs. Howard of the 101st, Wilson of the 102nd and Cooper of the 103rd:
A Bill to be entitled an Act to amend an Act creating the Cohb Judicial Circuit, so as to provide that the solicitor general shall not be prohibited from practicing law except in any contested matter in any court in this State; and for other purposes.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 25. By Messrs. Harris and Levitas of the 118th:
A Bill to be entitled an Act to amend Code Section 113-1005, relating to the appointment of appraisers, so as to provide that notice of the filing of the appraisers' return must be given to the tax commissioner or tax collector of any county in which property set apart is located if such property is in a county other than the county where the application for a year's support has been filed; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act To amend Code Section 113-1005, relating to the appointment of appraisers, so as to provide that notice of the filing of the appraisers' return and the judgment of the ordinary entered thereon must be given by the ordinary to the tax commissioner or tax collector of any county or municipality in which property set apart for a year's support is located; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

948

JOURNAL OF THE HOUSE,

Section 1. Code Section 113-1005, relating to the appointment of appraisers, is hereby amended by adding at the end of the first sentence a new sentence to read as follows:

"A copy of the return filed with the ordinary and his judgment thereon shall be mailed by the said ordinary within five days of the entry of such judgment to the tax commissioner or tax collector of any county or municipality in which property set apart is located."

so that when so amended Code Section 113-1005 shall read as follows:

"113-1005. Same return by appraisers. The appraisers shall make a schedule of the property, or statement of the amount of money set apart by them, and return the same under their hands and seals to the ordinary within 30 days from the date of their ap pointment. A copy of the return filed with the ordinary and his judgment thereon shall be mailed by the said ordinary within five days of the entry of such judgment to the tax commissioner or tax collector of any county or municipality in which property set apart is located. Where any lands shall be included in the property set apart and assigned as a year's support, the appraisers so appointed in their return shall fully and accurately describe said land, and make a plat thereof, and they shall have power to procure the aid of the county surveyor of the county, or other competent surveyor, in making the survey and measurement of the lands so set apart showing the lengths of the boundary lines (except crooked natural boundaries), and the directions in which they run, and setting out all original lines and natural boundaries, so as to definitely and accurately describe the lands so set apart, which plat shall be made and recorded as a part of the appraiser's return. Upon filing said return, the ordinary shall issue citation and publish notice as re quired in the appointment of permanent administrators, citing all persons concerned to show cause why said application for 12 months' support should not be granted; and if no objection is made after the publication of said notice for four weeks, or, if made, is disal lowed, the ordinary shall record the return so made in a book to be kept for this purpose; if an appeal is taken, pending the appeal the family shall be furnished with necessaries by the representative of the estate."

Section 2. This Act shall become effective on January 1, 1968.

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

Mr. Harris of the 118th moved that the House insist on its position in dis agreeing to the Senate substitute.

The motion prevailed and the House insisted on its position in disagreeing to the Senate substitute to HB 25.

TUESDAY, FEBRUARY 6, 1968

949

Mrs. Hamilton of the 137th asked unanimous consent that the House re consider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 682. By Mrs. Hamilton of the 137th, Messrs. McClatchey of the 138th, Daugherty of the 134th and Alexander of the 133rd:
A Bill to be entitled an Act to amend an Act known as "An Act to re peal Sections 92-4402 and 92-8301 of the Code of Georgia of 1933; and to extend, fix, and prescribe a right to redeem property sold under or in obedience to any execution issued for the collection of State, County, City, Municipal or school taxes, or special assessments; and for other purposes.

The consent was granted, and HB 682 was reconsidered.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:

SB 180. By Senator Cox of the 21st:
A Bill to be entitled an Act to repeal Section 24-3104 of the Code of Georgia, relating to the compensation of court reporters by counties, so as to provide a method, procedure and source of compensation of court reporters by counties for attendance upon all courts and for reporting criminal cases therein; and for other purposes.
Referred to the Committee on Judiciary.

SB 237. By Senator Johnson of the 42nd:
A Bill to be entitled an Act to amend an Act entitled "An Act to prohibit the State of Georgia or any department thereof or any political sub division thereof from employing in any agency of the State of Georgia or any of its departments or political subdivisions any alien except where there is no qualified American citizen available"; and for other purposes.
Referred to the Committee on State of Republic.

SB 272. By Senators Kilpatrick of the 44th, Searcey of the 2nd, Knight of the 16th and Plunkett of the 30th:
A Bill to be entitled an Act to amend an Act providing for the annex ation of areas contiguous to incorporated municipalities by petition and providing procedures therefor, so as to change the percentages; and for other purposes.
Referred to the Committee on Local Affairs.

950

JOURNAL OF THE HOUSE,

SB 294. By Senators Rowan of the 8th, Kidd of the 25th, Adams of the 26th and Gregory of the 15th:
A Bill to be entitled an Act to amend Code Section 77-310 relating to penal institutions, classification and segregation of prisoners; establish ment of separate camps; removal of women prisoners; transfer of mentally diseased and tubercular prisoners; in order to provide a method whereby the hospital may continue the treatment and care of a prisoner patient, whose term has expired and in need of further institutional care; and for other purposes.
Referred to the Committee on State Institutions & Property.

Under the general order of business established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:

HB 1181. By Messrs. Lee, Gary and Northcutt of the 35th: A Bill to be entitled an Act adding one additional judge to the superior court of the Clayton Judicial Circuit of Georgia, so as to clarify the provisions relating to terms of office; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Under the general order of business established by the Committee on Rules, the following Bill of the House, having been previously reported out of the Com mittee on Industry without recommendation and having been assigned to a Com mittee of the Whole House by the Speaker, was taken up for consideration and read the third time:
HB 915. By Messrs. Edwards of the 57th, Matthews of the 94th, Ross of the 31st, Buck of the 112th and many, many others: A Bill to be entitled an Act to abolish Daylight Savings Time; and for other purposes.
The Speaker resolved the House into a Committee of the Whole, appointing Mr. Hale of the 1st as Chairman thereof.
The Speaker called the House to order.

TUESDAY, FEBRUARY 6, 1968

951

The Committee of the Whole arose and through its Chairman reported HB 915 back to the House with the recommendation that the same do pass, as amended..

The Speaker announced the House recessed until 2:00 o'clock, P.M.

AFTERNOON SESSION

The Speaker called the House to order.

Under the general order of business established by the Committee on Rules, the following Bill of the House was again taken up for consideration:

HB 915. By Messrs. Edwards of the 57th, Matthews of the 94th, Ross of the 31st, Buck of the 112th, Dorminy of the 72nd and many others:
A Bill to be entitled an Act to abolish Daylight Savings Time; and for other purposes.

The following amendment was read:
Mr. Richardson of the 116th moves to amend HB 915 by adding a new paragraph to be known as Section 5 to read as follows:
Section 5. That should the Congress of the United States shorten the period providing for the advancement of time in the Uniform Time Act of 1966, Public Law 89-387, by any time period, then and at that time this act shall be repealed in its entirety, and shall be null and void.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Ballard Barber Battle Berry, J. K. Blalock Bond Bostick

Brown, B. D. Brown, C. Busbee Carnes Gates Chandler Cheeks Clarke Cole

Collins, J. F. Cook Cooper, J. R. Cox Davis Dean DeLong Dent Dickinson

952

JOURNAL OP THE HOUSE,

Dillon Dixon Dodson Farmer Farrar Fleming Gary Gaynor Gignilliat Grier Hadaway Hamilton Harrington Harris, J. F. Harris, R. W. Harrison Higginbotham Hill Jenkins Johnson, A. S. Johnson, B. Jones, C. M. Knapp Lambert

Lambros Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Magoon Malone Mason Matthews, C. Mauldin Maxwell McClatchey Melton Merritt Miller Moore, J. H. Mullinax Nash Nessmith Nimmer Northcutt Odom

Palmer Ragland Richardson Ross Scarlett Sherman Shuman Sims Smith, W. L. Sweat Tucker Turner
Tye
Vaughn, C. R. Walling Ware Wells Westlake Whaley Williams Wilson, R. W. Winkles Wood

Those voting in the negative were Messrs.:

Anderson Barfield Bennett Berry, C. E. Black Bo wen Brantley, H. L. Bray Buck Caldwell Cato Collins, M. Colwell Conner Cooper, B. Crowe, W. J. Dailey Daugherty Dollar Dorminy Doster Douglas Edwards Egan Fallin Floyd Funk Gay Grahl

Graves Gunter Hall Harris, J. R. Henderson Holder Howard Howell Hutchinson Joiner Jones, M. Jordan, W. H. Kaylor Kirksey Laite Land
Lane, Dick Leggett Leonard Lovell Matthews, D. R. McCracken Mixon Moate Moore, Don C. Murphy Newton Oglesby Otwell

Pafford Paris Parker, C. A. Parker, H. W. Parrish Phillips Pickard Potts Rainey Reaves Roach Rowland Rush Russell Savage Shanahan Shields Simmons Smith, G. W. Snow Stalnaker Sullivan Townsend Underwood Vaughan, D. N. Wamble Ward Wilson, J. M.

TUESDAY, FEBRUARY 6, 1968

953

Those not voting were Messrs.:

Branch Brantley, H. H. Crowe, William Hale Hargrett Hood Jordan, G.

Lowrey McDaniell Moreland Peterson Poss Smith, J. R. Smith, V. T.

Starnes Steis Thompson, A. W. Thompson, R. Threadgill Wiggins Mr. Speaker

On the adoption of the amendment, the ayes were 98, nays 86.

The amendment was adopted.

The following amendment was read and adopted:
The Committee of the Whole House moves to amend HB 915 as follows:
By adding the following as Section 4 and renumbering the remain ing sections accordingly.
In the event any section, subsection, sentence, clause or phrase of this act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, sub sections, sentences, clauses or phrases of this act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

The following amendment was read:
The Committee of the Whole House moves to amend HB 915 as follows:
By adding the following:
This Act shall be repealed upon the Uniform Time Act of 1966, Public Law 89-387 being amended so as to provide that advanced time "Day light Time" shall be in effect no longer than the period from 2:00 o'clock A.M. on the last day of May each year until 2:00 A.M. on the Sunday fol lowing Labor Day, and to renumber Section 4 as Section 5.
The amendment was ruled out of order by the Speaker.

954

JOURNAL OF THE HOUSE,

Mr. Edwards of the 57th moved that the House reconsider its action in adopting the amendment by Mr. Richardson of the 116th.

On the motion to reconsider, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Anderson Barber Berry, C. E. Black Bostick Bo wen Branch Brantley, H. L. Bray Buck Caldwell Cato Collins, M. Colwell Conner Cooper, B. Crowe, William Crowe, W. J. Dailey Daugherty Dean Dollar Dorminy Doster Douglas Edwards Fallin Floyd Funk Gay

Grahl Hall Harris, J. R. Henderson Holder Howard Howell Hutchinson Jenkins Joiner Jones, M. Jordan, W. H. Kaylor Kirksey Laite Land
Lane, W. J. Leggett Leonard Levitas Lovell Magoon Matthews, D. R. McCracken Mixon Moate Moore, Don C. Mullinax Murphy Nessmith

These voting in the negative were Messrs.

Adams Alexander Ballard Barfield Battle Bennett Berry, J. K. Blalock Bond Brown, B. D. Brown, C.

Busbee Carnes Gates Chandler Cheeks Clarke Cole Collins, J. F. Cook Cooper, J. R. Cox

Newton Northcutt Oglesby Otwell Pafford Paris Parker, C. A. Parker, H. W. Parrish Pickard Poss Potts Rainey Reaves Roach Rowland Russell Savage Shanahan Shields Simmons Smith, J. R. Snow Thompson, R. Underwood Vaughan, D. N. Wamble Ward Wiggins
Davis DeLong Dent Dickinson Dillon Dixon Dodson Egan Farmer Farrar Fleming

TUESDAY, FEBRUARY 6, 1968

955

Gary Gaynor Gignilliat Graves Grier Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Higginbotham Hill Johnson, B. Jones, C. M. Knapp Lambert Lambros Lane, Dick Lee, W. J. (Bill) Lee, W. S.

Lewis Longino Lowrey Malone Mason Matthews, C. Mauldin Maxwell McClatchey Melton Merritt Miller Moore, J. H. Nimmer Odom Palmer Phillips Ragland Richardson Ross Rush Scarlett Sherman

Shuman Sims Smith, G. W. Smith, W. L. Starnes Sullivan Sweat Townsend Tucker Turner Tye Vaughn, C. R. Walling Ware Wells Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Brantley Hale Hood Johnson, A. S. Jordan, G.

McDaniell Moreland Nash Peterson Smith, V. T.

Stalnaker Steis Thompson, A. W. Threadgill Mr. Speaker

On the motion, the ayes were 89, nays 101.

The motion was lost.

Mr. Carnes of the 129th moved that HB 915 and all amendments thereto be tabled.

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

Those voting in the affirmative were Messrs.:

Adams Alexander Berry, J. K, Bond

Bostick Brantley, H. H. Brown, B. D. Busbee

Carnes Chandler Collins, J. F. Cook

956
Cooper, J. R. Cox Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Egan Farmer Farrar Fleming Gary Gaynor Gignilliat Graves Grier Hargrett Harrington Harrison Higginbotham

JOURNAL OF THE HOUSE,

Hill Hood Jenkins Johnson, B. Joiner Jones, C. M. Knapp Lambert Lambros Lane, Dick Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lowrey Malone Matthews, C. Mauldin Maxwell McClatchey McCracken Miller Moore, J. H.

Odom Palmer Potts Ragland Richardson Ross Rowland Sherman Shuman Sims Smith, G. W. Smith, W. L. Starnes Sweat Townsend Tucker Tye Walling Ware Westlake Whaley Wilson, R. W. Winkles

Those voting in the negative were Messrs.:

Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Black Bowen Branch Brantley, H. L. Bray Brown, C. Buck Caldwell Gates Cato Clarke Cole Collins, M. Colwell Conner Cooper, B. Crowe, William Crowe, W. J. Dailey Daugherty Dollar Dorminy

Doster Douglas Edwards Fallin Floyd Funk Gay Grahl Gunter Hadaway Hall Harris, J. F. Harris, J. R. Harris, R. W. Henderson Holder Howard Howell Hutchinson Johnson, A. S. Jones, M. Jordan, W. H. Kaylor Kirksey Laite Land Lane, W. J. Leggett Leonard

Levitas Lovell Magoon Mason Matthews, D. R. Melton Merritt Moate Moore, Don C. Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Oglesby Otwell Pafford Parker, C. A. Parker, H. W. Parrish, A. L. Phillips Pickard Poss Rainey Reaves Roach Rush

Russell Scarlett Shanahan Shields Simmons Smith, J. R. Snow

TUESDAY, FEBRUARY 6, 1968

957

Sullivan Thompson, R. Underwood Vaughan, D. N. Vaughn, C. R. Wamble Ward

Wells Wiggins Williams Wilson, J. M. Wood

Those not voting were Messrs.:

Blalock Cheeks Hale Hamilton Jordan, G. McDaniell

Mixon Moreland Paris Peterson Savage Smith, V. T.

Stalnaker Steis Thompson, A. W. Threadgill Turner Mr. Speaker

On the motion, the ayes were 81, nays 106.

The motion was lost.

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, as amended, the Speaker ordered a viva voce roll call and the vote was as follows:

Those voting in the affirmative were Messrs.

Anderson Ballard Barber Bennett Berry of 110th Blalock Bowen Branch Brantley of 63rd Bray Buck Caldwell Cato Clarke Cole Collins of 88th Cooper of 103rd Crowe of 1st

Crowe of 80th Dailey Daugherty Dollar Dorminy Doster Douglas Edwards Pallin Floyd Gay Grahl Gunter Hale Hall Hargrett Harris of 14th Harris of 118th

Harrison Henderson Holder Howard Howell Hutchinson Johnson of 25th Jones of 112th Kaylor Kirksey Laite Land Leggett Leonard Levitas Lovell Matthews of 94th Merritt

958
Mixon Moate Moore of 12th Mullinax Murphy Newton Nimmer Oglesby Otwell Pafford Paris Parker of 68th Parker of 55th Parrish

JOURNAL OF THE HOUSE,

Peterson Pickard Poss Potts Rainey Reaves Roach Rush Russell Savage Shields Simmons Smith of 44th Smith of 3rd

Snow Stalnaker Sullivan Thompson of lllth Threadgill Underwood Vaughan of 14th Wamble Ward Wells Wiggins Williams Wilson of 102nd Wood

Those voting in the negative were Messrs.:

Adams Alexander Barfield Battle Berry of 113th Bond Bo stick Brown of 135th Brown of 34th Busbee Carnes Gates Chandler Cheeks Collins of 62nd Colwell Cook Cooper of 16th Cox Da vis Dean DeLong Dent Dickinson Dillon Dixon Dodson Egan Farmer Farrar Fleming Funk

Gary Gaynor Gignilliat Graves Hadaway Hamilton Harrington Harris of 85th Higginbotham Hill Jenkins Johnson of 40th Joiner Jones of 76th Knapp Lambert Lambros Lane of 126th Lane of 64th Lee of 35th Lee of 79th Lewis Longino Lowrey Magoon Malone Matthews of 29th Mauldin Maxwell Miller Moore of 20th McClatchey

McCracken Nash Nessmith Northcutt Odom Palmer Phillips Ragland Richardson Ross Rowland Scarlett Sherman Shuman Sims Smith of 117th Smith of 114th Starnes Sweat Thompson of 110th Townsend Tucker Turner Tye Vaughn of 117th Walling Ware Westlake Wilson of 109th Winkles

Those not voting were Messrs.:

Black Brantley of 139th Conner

Grier Hood Jordan of 82nd

Jordan of 78th Mason Melton

Moreland McDaniell

TUESDAY, FEBRUARY 6, 1968

959

Shanahan Steis

Whaley Mr. Speaker

On the passage of the Bill, as amended, the ayes were 96, nays 94.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Cato of the 89th served notice that at the proper time he would ask the House to reconsider its action in failing to give the requisite constitutional ma jority to HB 915, as amended.

Mr. Jordan of the 82nd stated that he was absent due to illness when the roll was called on the passage of HB 915, as amended, but had he been present would have voted "aye".

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:

The Senate insists on its Substitute to the following Bill of the House, to-wit:

HB 281. By Messrs. Starnes of the 13th, and Bennett of the 95th:
A Bill to amend Code Chapter 26-11 relating to the crimes of abortion, foeticide and infanticide, so as to provide for the additional exceptions where such acts are undertaken or accomplished by physicians; to pro vide the circumstances when such acts shall be lawful; to repeal conflict ing laws; and for other purposes.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence in substituting the same:
HB 281. By Messrs. Starnes of the 13th and Bennett of the 95th:
A Bill to be entitled an Act to amend Code Chapter 26-11 relating to the crimes of abortion, foeticide and infanticide, so as to provide for the additional exceptions where such acts are undertaken or accomplished by physicians; and for other purposes.

960

JOURNAL OF THE HOUSE,

Mr. Starnes of the 113th moved that the House insist on its position in dis agreeing to the Senate substitute and that a Committee of Conference be appointed to confer with a like committee on the part of the Senate.

The motion prevailed.

The Speaker appointed on the part of the House the following members:

Messrs. Starnes of the 13th, Jones of the 112th and Murphy of the 26th.
The following Resolution of the House was read and adopted:
HR 612. By Mr. Wood of the 16th:
A RESOLUTION
Honoring and congratulating the one and only James H. "Sloppy" Floyd; and for other purposes.
WHEREAS, James H. "Sloppy" Floyd was born February 4, 1920 in Trion, Georgia, whose metropolitan area encompasses a population of six million persons; and
WHEREAS, he is a graduate of Trion High School and attended Middle Georgia Junior College; and
WHEREAS, he entered the United States Air Force in 1941 as a private and was discharged in 1946 as a major; and
WHEREAS, he is a past State Commander of the Veterans of Foreign Wars of Georgia; and
WHEREAS, he has served with distinction as a member of the House of Representatives for sixteen years; and
WHEREAS, he is a past president of the Seventh District Legislative Association; and
WHEREAS, he is the former chairman of the Defense and Veterans Affairs Committee; and
WHEREAS, he has served for twelve years on the University System of Georgia Committee; and
WHEREAS, needless to say, he is presently chairman of the Ap propriations Committee; and

TUESDAY, FEBRUARY 6, 1968

961

WHEREAS, he is married to the former Doris R. Smalhvood, and they have three fine children; and

WHEREAS, the members of this body consider it a privilege and an honor to have served in this honorable institution with the distinguished gentleman from Chattooga.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby congratulate Honorable James H. '"Sloppy" Floyd upon his forty-eighth birthday and commend him for his conscientious and dedicated service to the citizens of his dis trict and the entire State of Georgia.

BE IT FURTHER RESOLVED that the Clerk of the House of Repre sentatives is hereby authorized and directed to forward an appropriate copy of this Resolution to Honorable James H. "Sloppy" Floyd, Repre sentative, District 7.

Under the general order of business established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 869. By Messrs. Parker of the 55th, Brown of the 34th and Mullinax of the 42nd:
A Bill to be entitled an Act to amend an Act providing for grants to counties, so as to provide that the State Treasurer shall disburse grants on a quarterly basis; to repeal conflicting laws; and for other purposes.

The following substitute, offered by Mr. Games of the 129th, was read:
A BILL
To be entitled an Act to amend an Act providing for grants to coun ties, approved April 21, 1967 (Ga. Laws 1967, p. 888), so as to change the method of disbursing grants to counties; to provide that the State Trea surer shall disburse grants on a quarterly basis; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for grants to counties, approved April 21, 1967 (Ga. Laws 1967, p. 888), is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. To the extent funds are made available by the budget authorities pursuant to the General Appropriations Act of 1967, or to the extent funds are made available by any future laws,

962

JOURNAL OF THE HOUSE,

for the purposes set out in section 1 hereof, except for the grants to counties which are appropriated as a part of the Highway Depart ment appropriation designated as follows: 'for grants to counties for aid in county road construction and maintenance', the State Treasurer is hereby authorized and directed to grant such funds to the counties of this state in the same proportion which the population of the county bears to the total population of the state according to the 1960 United States Decennial Census or any future such cen sus. The computation of individual county grants, as provided for herein, shall be prepared and certified by the State Treasurer, who shall make such payments."

Section 2. Said Act is further amended by adding between the first and second sentences of Section 3 the following:

"The State Treasurer shall disburse such funds as provided for herein in four equal, or as nearly equal as possible, installments on the first day of each quarter in each fiscal year, commencing with July 1, 1968.",

so that when so amended Section 3 shall read as follows:

"Section 3. Funds distributed under this Act by the State Treasurer shall be paid to the counties in the name of the county treasurer or other fiscal authority authorized to receive county funds. The State Treasurer shall disburse such funds as provided for herein in four equal, or as nearly equal as possible, installments on the first day of each quarter in each fiscal year, commencing with July 1, 1968. Such funds shall be expended by the county only for the pur poses prescribed in section 1 of this Act."

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

On the adoption of the substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Barfield Battle Berry, C. E. Berry, J. K. Brantley, H. H. Buck Games Gates Cheeks Cole

Cook Cooper, B. Cox Daugherty Davis DeLong Dent Dillon Dodson Egan Farrar Fleming

Gary Gaynor Gignilliat Grier Hamilton Harris, J. R. Harris, R. W. Henderson Higginbotham Hill Hood Howard

TUESDAY, FEBRUARY 6, 1968

963

Hutchinson Jenkins Jones, M. Knapp Laite Lambros Lane, Dick Lee, W. J. (Bill) Lee, W. S. Levitas Longino Malone Maxwell

McClatchey McDaniell Miller Odom Palmer Pickard Ragland Richardson Sherman Shields Sims Smith, G. W. Smith, V. T.

Smith, W. L. Sullivan Thompson, R. Townsend Tye Vaughn, C. R. Walling Westlake Whaley Wilson, J. M. Wilson, R. W. Winkles

Those voting in the negative were Messrs.:

Anderson Ballard Barber Black Blalock Bostick Bowen Branch Brantley, H. L. Bray Brown, C. Busbee Caldwell Cato Chandler Clarke Collins, J. F. Collins, M. Conner Cooper, J. R. Crowe, W. J. Dailey Dean Dickinson Dixon Dollar Dorminy Doster Douglas Edwards Fallin Funk Gay Grahl Gunter

Hadaway Hale Hall Hargrett Harrington Harris, J. F. Harrison Holder Howell Johnson, A. S. Johnson, B. Joiner Jordan, W. H. Kaylor Kirksey Lambert Land Lane, W. J. Leonard Lewis Lovell Magoon Mason Matthews, D. R. Mauldin Melton Merritt Mixon Moate Moore, Don C. Moore, J. H. Mullinax Murphy Nash Nessmith

Newton Nimmer Oglesby Otwell Pafford Paris Parker, C. A. Parker, H. W. Parrish Peterson Poss Potts Rainey Reaves Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Shuman Simmons Stalnaker Sweat Underwood Vaughan, D. N. Wamble Ward Ware Wells Williams Wood

Those not voting were Messrs.:

Bennett Bond

Brown, B. D. Colwell

Crowe, William Farmer

964
Floyd Graves Jones, C. M. Jordan, G. Leggett Lowrey Matthews, C.

JOURNAL OF THE HOUSE,

McCracken Moreland Northcutt Phillips Smith, J. R. Snow Starnes

Steis Thompson, A. W. Threadgill Tucker Turner Wiggins Mr. Speaker

On the adoption of the substitute, the ayes were 74, nays 104.

The substitute was lost.

Mr. Mixon of the 81st moved that HB 869 be indefinitely postponed.

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

Those voting in the affirmative were Messrs.

Adams Anderson Ballard Battle Berry, J. K. Bostick Bo wen Branch Bray Games Cato Cheeks Cole Collins, J. F. Conner Cook Cox Crowe, W. J. Dailey DeLong Dickinson Dillon

Dorminy Douglas Edwards Egan Fleming Gay Gaynor Gignilliat Grier Hadaway Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hill Holder Johnson, B. Lambros Lane, Dick Leonard Magoon Malone

Those voting in the negative were Messrs.:

Alexander Barber Barfield Berry, C. E. Black

Blalock Brantley, H. L. Brown, C. Buck Caldwell

Maxwell Mixon Moore, J. H. Nimmer Parrish Richardson Roach Ross Rush Russell Sherman Shuman Smith, W. L. Sweat Townsend Tye Underwood Wamble Whaley Winkles
Gates Chandler Clarke Collins, M. Cooper, B.

Cooper, J. R. Daugherty Davis Dean Dixon Dodson Dollar Doster Fallin Farrar Funk Gary Grahl Gunter Hall Hamilton Hargrett Harrington Henderson Howard Howell Hutchinson Jenkins Johnson, A. S. Joiner Jones, M. Jordan, W. H. Kaylor Kirksey Knapp

TUESDAY, FEBRUARY 6, 1968

965

Laite Lambert Land Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Le vitas Longino Lovell Mason Matthews, D. R. Mauldin McClatchey McDaniell Melton Merritt Miller Moore, Don C. Mullinax Murphy Nash Nessmith Newton Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A.

Parker, H. W. Pickard Poss Potts Ragland Rainey Reaves Rowland Savage Scarlett Shields Sims Smith, G. W. Smith, V. T. Sullivan Thompson, A. W. Thompson, R. Turner Vaughan, D. N. Vaughn, C. R. Walling Ware Wells Westlake Williams Wilson, J. M. Wilson, R. W. Wood

Those not voting were Messrs.:

Bennett Bond Brantley, H. H. Brown, B. D. Busbee Colwell Crowe, William Dent Farmer Floyd Graves Hale Higginbotham

Hood Jones, C. M. Jordan, G. Leggett Lewis Lowrey Matthews, C. McCracken Moate Moreland Northcutt Peterson Phillips

Shanahan Simmons Smith, J. R. Snow Stalnaker Starnes Steis Threadgill Tucker Ward Wiggins Mr. Speaker

On the motion, the ayes were 64, nays 103.

The motion was lost.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

966

JOURNAL OF THE HOUSE,

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Barber Berry, C. E. Blalock Brantley, H. L. Brown, C. Busbee Caldwell Chandler Clarke Collins, M. Cooper, B. Cooper, J. R. Crowe, W. J. Davis Dixon Dodson Dollar Edwards Farrar Floyd Funk Gary Gaynor Grahl Gunter Hall Hamilton Hargrett Harrington Harris, J. F. Harris, R. W. Henderson

Higginbotham Howard Hutchinson Jenkins Johnson, A. S. Joiner Jones, M. Jordan, W. H. Kirksey Knapp Lambert Land Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Longino Lovell Mason Matthews, D. R. Mauldin McDaniell Melton Merritt Miller Moate Moore, Don C. Mullinax Murphy Nash Nessmith

Those voting in the negative were Messrs.:

Adams Alexander Anderson Ballard Barfield Battle Bennett Berry, J. K. Bostick Bo wen Branch Brantley, H. H. Bray Buck

Carnes Gates Cato Cheeks Cole Conner Cook Cox Dailey Daugherty Dean DeLong Dent Dickinson

Newton Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Poss Potts Ragland Reaves Roach Rowland Savage Scarlett Smith, V. T. Sullivan Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Ware Wells Westlake Williams Wilson, J. M. Wood
Dillon Dorminy Doster Douglas Egan Fallin Fleming Gay Gignilliat Grier Hadaway Harris, J. R. Harrison Hill

Holder Johnson, B. Kaylor Laite Lambros Lane, Dick Leonard Lewis Magoon Malone Maxwell McClatchey

TUESDAY, FEBRUARY 6, 1968

967

Mixon Moore, J. H. Nimmer Pickard Richardson Ross Rush Russell Sherman Shields Shuman Simmons

Sims Smith, G. W. Smith, W. L. Sweat Thompson, R. Townsend Wamble Whaley Wilson, R. W. Winkles

Those not voting were Messrs.:

Black Bond Brown, B. D. Collins, J. F. Colwell Crowe, William Farmer Graves Hale Hood Howell

Jones, C. M. Jordan, G. Lowrey Matthews, C. McCracken Moreland Peterson Phillips Rainey Shanahan Smith, J. R.

Snow Stalnaker Starnes Steis Thompson, A. W. Threadgill Tucker Turner Ward Wiggins Mr. Speaker

On the passage of the Bill, the ayes were 96, nays 76.

The Bill, having failed to receive the requisite constitutional majority, was

Mr. Williams of the 16th served notice that at the proper time he would ask the House to reconsider its action in failing to give the requisite constitutional majority to HB 869.
HB 991. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to amend an Act pertaining to reimburse ment to the Department of Law by the State Highway Department for certain legal services, so as to provide for reimbursement to the Depart ment of Law by the State Highway Department for legal fees for serv ices by any Assistant Attorney General or Deputy Assistant Attorney General assigned by the Attorney General to perform specific items of legal work in connection with contract lawsuits; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

968

JOURNAL OP THE HOUSE,

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, J. K. Black Bond Branch Brantley, H. L. Bray Brown, B. D. Busbee Caldwell Carnes Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cook Cooper, J. R. Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Dorminy Doster Douglas Edwards Fallin Farmer Farrar

Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Gunter Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham Hill Holder Hood Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Knapp Laite Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Magoon Malone

Matthews, C. Mauldin Maxwell McClatchey McCracken Merritt Miller Mixon Moore, Don C. Moore, J. H. Mullinax Nash Nessmith Newton Nimmer Odom Otwell Pafford Palmer Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Russell Scarlett Shanahan Sherman Shields Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis

Sullivan Sweat Thompson, R. Threadgill Townsend Tucker Turner

TUESDAY, FEBRUARY 6, 1968

969

Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward

Ware Wells Wiggins Williams Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Berry, C. E. Blalock Bostick Bo wen Brantley, H. H. Brown, C. Buck Cooper, B. Cox Dollar Egan Grier Hadaway

Hale Henderson Howard Jordan, W. H. Lambert Leggett Mason Matthews, D. R. McDaniell Melton Moate Moreland

Murphy Northcutt Oglesby Paris Parker, C. A. Savage Shuman Thompson, A. W. Westlake Whaley Wilson, J. M. Mr. Speaker

On the passage of the Bill, the ayes were 168, nays 0.

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

Messrs. Lewis of the 50th, Parker of the 68th and Henderson of the 102nd stated that they had been called from the floor of the House when the roll was called on HB 991, but had they been present would have voted "aye".

HB 981. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to amend an Act entitled "An Act to make it unlawful to park or leave unattended any vehicle upon the right-of-way of any State highway for over 48 hours; to prohibit the erection of signs or obstructions on the right-of-way of any State Highway", so as to remove the provisions granting sellers of fruit, nuts and/or vegetables an exemption from the operation of this Act; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

970

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.:

Adams Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Buck Busbee Carnes Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner
Cooper, J. R. Cox Dailey Daugherty Dean DeLong Dent Dillon Dixon Dodson Dollar Douglas Egan Fallin Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor Gignilliat

Grahl Graves Gunter Hadaway Hale Hall Hamilton Hargrett Harrington
Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hia:ginbotham Hill Holder Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Knapp Laite Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Longino Lovell Lowrey Magoon Malone Matthews, C. Mauldin Maxwell McClatchey McCraeken Merritt Mixon Moate Moore, Don C. Moore, J. H. Mullinax

Murphy Nash Nessmith Newton Nimmer Northcutt Odom Otwell Pafford Palmer Parker, C. A. Parker, H. W. Pickard Poss Potts Reaves Richardson Roach Rowland Rush Russell Savage Scarlett Shanahan Sherman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Starnes Steis Sullivan Sweat Thompson, A. W. Threadgill Townsend Tucker Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Wamble Ward Ware Wells Wiggins Williams Wilson, R. W. Wood

TUESDAY, FEBRUARY 6, 1968

971

Those voting in the negative were Messrs.:

Anderson

Branch

Leonard

Those not voting were Messrs.:

Alexander Brown, C. Caldwell Cook Cooper, B. Crowe, William Crowe, W. J. Davis Dickinson Dorminy Doster Edwards Grier Henderson Hood

Howard Howell Jordan, W. H. Leggett Mason Matthews, D. R. McDaniell Melton Miller Moreland Oglesby Paris Parrish Peterson Phillips

Ragland Rainey Ross Shields Shuman Stalnaker Thompson, R. Walling Westlake Whaley Wilson, J. M. Winkles Mr. Speaker

On the passage of the Bill, the ayes were 159, nays 3.

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

HB 1226. By Mr. Caldwell of the 51st:
A Bill to be entitled an Act to amend Code Section 47-101, so as to redefine certain representative districts and to reapportion Repre sentatives among certain of the districts; and for other purposes.

By unanimous consent, further consideration of HB 1226 was postponed until tomorrow, February 7, 1968.

Mr. Floyd of the 7th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

972

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, February 7, 1968

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

Prayer was offered by Rev. Cecil A. Hodges, Pastor, Bible Baptist Church, Savannah, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Mr. Black of the 56th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.
By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 1289. By Messrs. Mullinax of the 42nd, Rainey of the 69th, Dixon of the 83rd, Dickinson of the 27th, Busbee of the 79th and Hall of the 67th: A Bill to be entitled an Act providing for licensing farms for the com mercial production of alligators; to provide for a license fee; to authorize

WEDNESDAY, FEBRUARY 7, 1968

973

the State Game and Fish Commission to regulate such farms; and for other purposes.
Referred to the Committee on Game and Fish.

HB 1290. By Messrs. Bennett of the 95th, Howell of the 86th, Nimmer of the 84th, Wells of the 30th, Matthews of the 29th and others:
A Bill to be entitled an Act to provide for the classification of motor vehicles as a separate and distinct class of tangible property for ad valorem tax purposes and to adopt a different rate, method of assess ment and dates of assessment for such property pursuant to Article VII, Section I, Paragraph III of the Constitution; and for other pur poses.
Referred to the Committee on Motor Vehicles.

HB 1291. By Messrs. Bennett of the 95th, Lambros of the 130th, Carnes of the 129th, Cato of the 89th, Vaughan of the 14th and others:
A Bill to be entitled an Act to amend Code Section 36-605, relating to the payment of costs of condemnation proceedings, so as to change the responsibility for payment of costs and fees; and for other purposes.
Referred to the Committee on Judiciary.

HB 1292. By Mr. Savage of the 58th:
A Bill to be entitled an Act to amend Code Section 109A-2-316 of the "Uniform Commercial Code", so as to exclude from the application of the implied warranties of merchantability and fitness for particular purpose the procurement, processing, storage, distribution or use of whole human blood, blood plasma, blood products, blood derivatives or other human tissue or organs for the purpose of injecting, transfusing, incorporating or transplanting any of them into the human body; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 1293. By Messrs. Hargrett of the 77th, Rainey of the 69th and Mullinax of the 42nd:
A Bill to be entitled an Act to amend an Act revising, consolidating and superseding the laws of this State relative to Game and Fish, so as to eliminate alligator hunting licenses for non-residents; and for other purposes.
Referred to the Committee on Game and Fish.
HB 1294. By Mr. Roach of the 15th:
A Bill to be entitled an Act to encourage and promote medical and scientific research and the establishment of medical research facilities

974

JOURNAL OF THE HOUSE,

and the development of scientific devices by exempting certain activi ties, persons, organizations and properties from building and zoning restrictions, fire regulations and requirements; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 1295. By Mr. Wells of the 30th:
A Bill to be entitled an Act to amend an Act incorporating the Town of North High Shoals in the County of Oconee and State of Georgia, so as to change the corporate limits of said Town; and for other purposes.
Referred to the Committee on Local Affairs.

HR 605-1295. By Mr. Anderson of the 71st:
A Resolution compensating Mr. Laurie M. Jones; and for other pur poses.
Referred to the Committee on Appropriations.

HR 606-1295. By Mr. Roach of the 15th:
A Resolution proposing an amendment to the Constitution so as to create the Cherokee County Airport Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HR 607-1295. By Messrs. Odom, Busbee, Hutchinson and Lee of the 79th:
A Resolution proposing an amendment to the Constitution so as to dele gate to the respective governing authority of the City of Albany and County of Dougherty authority to merge and consolidate; and for other purposes.
Referred to the Committee on Local Affairs.

HR 608-1295. By Messrs. Parker of the 68th, Harrison of the 98th, Hutchinson of the 79th, Northeutt of the 35th, Rush of the 75th, Hall of the 67th and Barber of the 24th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law increases in the retirement allowances now being paid to all beneficiaries under the Teachers' Retirement System of Georgia; and for other purposes.
Referred to the Committee on State of Republic.

HB 1296. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to amend Section 92-3120 of the Code of Georgia, so as to provide that the gain or loss on property transferred

WEDNESDAY, FEBRUARY 7, 1968

975

to a corporation shall be handled as provided by Section 351 of the Internal Revenue Code of 1954; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 609-1296. By Messrs. McCracken of the 49th, Wiggins of the 32nd and Lambert of the 38th:
A Resolution proposing an amendment to the Constitution so as to provide that the Secretary of State, Attorney General, State School Superintendent, Comptroller General, Treasurer, Commissioner of Agri culture, and Commissioner of Labor shall be elected in the same man ner as the Governor, and all procedures pertaining to the election of the Governor shall apply to said officers; and for other purposes.
Referred to the Committee on State of Republic.
HB 1297. By Mr. Phillips of the 41st:
A Bill to be entitled an Act to empower the governing authority of Columbia County to construct or repair streets and sidewalks and to lay curbing, water and sewer mains and to assess the cost thereof against the abutting property owners; and for other purposes.
Referred to the Committee on Local Affairs.

HR 610-1297. By Mr. Jones of the 76th:
A Resolution compensating Mrs. Francis B. Wiggins; and for other purposes.
Referred to the Committee on Appropriations.

HB 1298. By Mr. Bray of the 43rd:
A Bill to be entitled an Act to amend an Act placing the compensation of the Sheriff, the Clerk of the Superior Court, the Ordinary and the Coroner of Meriwether County on a salary basis, so as to provide that the Board of Commissioners shall have authority to determine the com pensation of the employees of the Sheriff, Superior Court Clerk and Ordinary of Meriwether County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1299. By Mr. Bray of the 43rd:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend an Act incorporating the City of Manchester", so as to authorize the commissioners for the City of Manchester to adopt ordinances providing for all rules and regulations to govern municipal elections; and for other purposes.
Referred to the Committee on Local Affairs.

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JOURNAL OP THE HOUSE,

HB 1300. By Messrs. Westlake, Jenkins, Higginbotham and Davis of the 119th, Palmer, Smith, Malone and Vaughn of the 117th, Harris, Walling, Levitas and Farrar of the 118th:
A Bill to be entitled an Act to make it unlawful for any person or persons to wilfully make a false report of a crime; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1301. By Messrs. Westlake, Jenkins, Higginbotham and Davis of the 119th, Palmer, Smith, Malone and Vaughn of the 117th, Harris, Walling, Levitas and Farrar of the 118th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Rockdale County on an annual salary in lieu of the fee system of compensation, so as to increase the number of full-time deputies the sheriff shall be authorized to appoint; and for other purposes.
Referred to the Committee on Local Affairs.

HR 611-1301. By Messrs. Wilson and Henderson of the 102nd, Howard of the 101st, and Cooper of the 103rd:
A Resolution proposing an amendment to the Constitution so as to provide that residents of the City of Acworth who are 62 years of age or over, or who are totally disabled, and who have an income from all sources, including the income of certain members of the family not exceed $5,000.00 per annum, shall be granted a homestead exemption of $2,000 from ad valorem taxation by said City; and for other pur poses.
Referred to the Committee on Local Affairs.

HB 1302. By Messrs. Rainey of the 69th, Grahl of the 52nd, Dickinson of the 27th, Harrison of the 98th, Doster of the 73rd and others:
A Bill to be entitled an Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, so as to provide that the ownership, juris diction over and control of all wildlife shall be in the State of Georgia in its sovereign capacity; and for other purposes.
Referred to the Committee on Game and Fish.

HB 1303. By Messrs. Ware of the 42nd, Dean of the 20th, Dollar of the 89th, Wood of the 16th, Berry of the 110th, Gay of the 60th, Stalnaker of the 59th and Lane of the 126th:
A Bill to be entitled an Act to amend an Act providing for a tax on each deed, instrument or other writing by which any real estate is sold, transferred or conveyed when the consideration or value of the interest or property conveyed exceeds $100, so as to exempt instruments that

WEDNESDAY, FEBRUARY 7, 1968

977

constitute conveyances of real property to or from agencies of the United States; and for other purposes.
Referred to the Committee on Judiciary.

HB 1304. By Mr. Johnson of the 40th:
A Bill to be entitled an Act to amend an Act fixing the salary of the treasurer of Glascock County, so as to change the compensation of the treasurer; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1305. By Mr. Johnson of the 40th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Glascock, so as to change the compensation of the members of the board; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1306. By Mr. Johnson of the 40th:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Glascock County into the office of tax commissioner of Glascock County, so as to change the compensa tion of the tax commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1307. By Messrs. Fallin and Matthews of the 94th:
A Bill to be entitled an Act to amend an Act creating and establishing the City Court of Colquitt County in and for the County of Colquitt, so as to change the name of said court to the Civil and Criminal Court of Colquitt County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1308. By Mr. Laite of the 109th:
A Bill to be entitled an Act to amend an Act establishing a County Board of Commissioners for the County of Bibb, so as to provide dis tricts from which commissioners shall be elected; and for other pur poses.
Referred to the Committee on Local Affairs.

HB 1309. By Mr. Peterson of the 59th:
A Bill to be entitled an Act to amend Code Chapter 30-1 relating to divorce, so as to provide for the waiver of service and appearance in such actions; and for other purposes.
Referred to the Committee on Special Judiciary.

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JOURNAL OF THE HOUSE,

HE 613-1309. By Mr. Dollar of the 89th:
A Resolution proposing an amendment to the Constitution so as to pro vide for the creation of the Bainbridge-Decatur County Beverage Control Board; and for other purposes.
Referred to the Committee on Temperance.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1248. By Mr. Farrar of the 118th:
A Bill to be entitled an Act to amend an Act known as the "State Council for the Preservation of Natural Areas", so as to provide that the Council shall be authorized to employ an Executive Director and other personnel; and for other purposes.

HB 1249. By Mr. Doster of the 73rd:
A Bill to be entitled an Act to provide that the members of the Telfair County Hospital Authority shall be appointed by the Telfair County Grand Jury; and for other purposes.

HB 1250. By Mr. Doster of the 73rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of McRae, so as to change the corporate limits; and for other purposes.

HB 1251. By Messrs. Cole and Smith of the 3rd:
A Bill to be entitled an Act to amend an Act amending, revising, super seding and consolidating the laws pertaining to the governing authority of Whitfield County and creating a Board of Commissioners of Roads and Revenues, so as to change the compensation of the Board of Com missioners of Roads and Revenues; and for other purposes.

HB 1252. By Mr. Lovell of the 6th:
A Bill to be entitled an Act to provide for the compensation of the respective secretaries of the ordinary, tax commissioner and clerk of the Superior Court of Rabun County; and for other purposes.

HB 1253. By Mr. Jones of the 76th:
A Bill to be entitled an Act to amend Code Section 88-1707, relating to the compensation of local registrars and local custodians of vital records, so as to change the amount of such compensation; and for other purposes.

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979

HB 1254. By Mr. Ross of the 31st:
A Bill to be entitled an Act to amend an Act placing the sheriff of Taliaferro County on an annual salary, so as to change the compensa tion of the sheriff; and for other purposes.

HB 1255. By Mr. Ross of the 31st:
A Bill to be entitled an Act to amend an Act relating to the Board of Commissioners of Taliaferro County, so as to change the compensation of the members of the Board other than the chairman; and for other purposes.

HB 1256. By Mr. Crowe of the 80th:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Worth County on an annual salary in lieu of the fee basis of compensa tion, so as to change the effective date of said Act; and for other purposes.

HB 1257. By Messrs. Harris, Parrar, Walling and Levitas of the 118th, Jenkins, Westlake, and Davis of the 119th, Malone, Smith and Palmer of the 117th:
A Bill to be entitled an Act to amend an Act authorizing the establish ment of a merit system for employees of DeKalb County, so as to pro vide that there shall be no discrimination between employees under the merit system and those not under the merit system in the granting of so-called "merit Salary increases"; and for other purposes.

HB 1258. By Mr. Paris of the 23rd:
A Bill to be entitled an Act to change the terms of the Superior Courts of the Piedmont Judicial Circuit; and for other purposes.

HB 1259. By Messrs. Westlake, Jenkins, Higginbotham and Davis of the 119th, Smith, Malone and Vaughn of the 117th, and Farrar of the 118th:
A Bill to be entitled an Act to amend Code Chapter 59-1, so as to change the method of selecting grand and traverse jurors; and for other pur poses.

HB 1260. By Mr. Henderson of the 102nd:
A Bill to be entitled an Act to amend an Act known as the "Family Planning Services Act", so as to change the classification of persons to whom family planning services may be offered; and for other pur poses.

980

JOURNAL OF THE HOUSE,

HB 1261. By Mr. Holder of the 70th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Milan, so as to extend the corporate limits of said City; and for other purposes.

HB 1262. By Mr. Holder of the 70th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Eastman, so as to provide a time for the opening and closing of polls, for the date of election of councilmen, the amount of entrance fee of those desiring to run for councilmen, elimination of a ceiling on councilmen's compensation; and for other purposes.

HB 1263. By Messrs. Davis, Jenkins and Westlake of the 119th and Malone of the 117th:
A Bill to be entitled an Act to amend Code Section 67-2001, so as to provide that liens shall be created in favor of material or equipment, or material and equipment, used in building, repairing or improving real estate; and for other purposes.

HB 1264. By Messrs. Davis, Westlake and Higginbotham of the 119th, Malone, Smith and Palmer of the 117th:
A Bill to be entitled an Act to amend Code Section 92-4902, relating to the requirement that tax collectors keep a cash book, so as to provide that entries required to be made in said book shall be entered within a certain length of time after receiving payment of taxes; and for other purposes.

HB 1265. By Mr. Collins of the 62nd: A Bill to be entitled an Act to consolidate the offices of tax receiver
and tax collector of Toombs County into the office of the tax commis sioner; and for other purposes.

HB 1266. By Mr. Collins of the 62nd:
A Bill to be entitled an Act to amend an Act incorporating the City of Lyons, so as to provide for qualifications for office of Mayor and Coun cilmen; and for other purposes.

HB 1267. By Messrs. Wilson, Knapp and Ragland and Laite of the 109th, Miller of the 108th and Dodson of the 107th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Macon, so as to increase the pension benefits payable

WEDNESDAY, FEBRUARY 7, 1968

981

to widows and children of firemen and policemen whose death results in line of duty; and for other purposes.

HB 1268. By Messrs. Smith, Cole and Leonard of the 3rd:
A Bill to be entitled an Act to incorporate the City of Varnell, in the County of Whitfield; to provide for a charter for said city; and for other purposes.

HB 1269. By Messrs. Smith, Cole and Leonard of 3rd:
A Bill to be entitled an Act to amend an Act incorporating the Town of Tunnell Hill, so as to increase the maximum amount of the fine which may be levied for violating a city ordinance; and for other pur poses.

HB 1270. By Messrs. Crowe and Snow of the 1st:
A Bill to be entitled an Act to provide that in all counties of this State having a population of not less than 44,000, nor more than 45,300, it shall be unlawful to hunt, catch, take, kill or attempt to hunt, catch, take or kill foxes by the use or aid of recorded calls or sounds or re corded or electronically amplified imitations of calls or sounds; and for other purposes.

HB 1271. By Mr. Bowen of the 69th:
A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court, the Sheriff and the Ordinary of Dooly County on an annual salary, so as to provide that the Ordinary shall receive from Dooly County a sum not less than $150.00 per month and not more than $250.00 per month; and for other purposes.

HB 1272. By Mr. Collins of the 62nd:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Clerk of the Superior Court, the Ordinary, the Tax Collector and the Tax Receiver of Toombs County, known as the fee system; to provide in lieu thereof annual salaries for such officers; and for other purposes.

HB 1273. By Mr. Bowen of the 69th:
A Bill to be entitled an Act to create the Small Claims Court of Dooly County; and for other purposes.

HB 1274. By Mr. Collins of the 62nd:
A Bill to be entitled an Act to amend an Act entitled "An Act to place the Sheriff of Toombs County upon an annual salary in lieu of the fee system of compensation", so as to change the salary of the Sheriff of Toombs County; and for other purposes.

982

JOURNAL OF THE HOUSE,

HB 1275. By Messrs. Hale and Crowe of the 1st:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Trenton, so as to change the provisions of said charter relative to salaries and compensation of the Mayor, Couneilmen and Recorder of said City; and for other purposes.

HB 1276. By Messrs. Farmer and Matthews of the 29th:
A Bill to be entitled an Act to amend Code Section 59-106, so as to provide the jury commissioners, in counties having a population of more than 45,300 and less than 46,000, shall select not less than onethird and not more than two-fifths of the whole number of the jury list, to serve as grand jurors; and for other purposes.

HB 1277. By Mr. Fleming of the 106th:
A Bill to be entitled an Act to amend an Act authorizing the governing authorities of municipalities and counties to establish planning commis sions, so as to require a brief description of the property sought to be rezoned to be published in a newspaper of general circulation in the county by the secretary of the planning commission; and for other purposes.

HB 1278. By Mr. Rush of the 75th:
A Bill to be entitled an Act to provide for the election of members of the Board of Education of Tattnall County; to provide for education districts; and for other purposes.

HB 1279. By Mr. Rush of the 75th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues for Tattnall County, so as to change the number of commissioner; and for other purposes.

HB 1280. By Messrs. Gunter of the llth and Busbee of the 79th:
A Bill to be entitled an Act to provide that in all criminal cases tried by a jury it shall be the duty of the jury to return a verdict of guilty or not guilty; to provide that upon the return of a verdict of guilty, the jury shall hear evidence as to the defendant's prior criminal record; and for other purposes.

HR 602-1280. By Mr. Wilson of the 102nd:
A Resolution authorizing the conveyance of a certain tract of land in Cobb County; and for other purposes.

WEDNESDAY, FEBRUARY 7, 1968

983

HR 603-1280. By Mr. Moore of the 12th:
A Resolution authorizing the conveyence of certain real property located in Stephens County; and for other purposes.

HB 1281. By Mr. Lambert of the 38th:
A Bill to be entitled an Act to amend an Act placing certain county officers of Greene County on a salary basis, so as to change the com pensation of the sheriff, the clerk of the superior court, and the ordi nary of Greene County; and for other purposes.

HB 1282. By Mr. Lambert of the 38th:
A Bill to be entitled an Act to amend an Act placing the sheriff, clerk of the superior court, ordinary, tax collector and tax receiver of Mor gan County on a salary basis, so as to change the compensation of the clerk of the superior court, ordinary and sheriff of Morgan County; and for other purposes.

HB 1283. By Mr. Lambert of the 38th:
A Bill to be entitled an Act to consolidate the offices of tav receiver and tax collector of Morgan County into the office of the tax commis sioner of Morgan County; and for other purposes.

HB 1284. By Mr. Lambert of the 38th:
A Bill to be entitled an Act to abolish the office of treasurer of Morgan County; to provide that the board of commissioners of roads and reve nues of Morgan County shall appoint depositories for county funds; and for other purposes.

HB 1285. By Mr. Lambert of the 38th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues in and for Greene County, so as to change the compensation of the Chairman and members; and for other purposes.

HB 1286. By Mr. Lambert of the 38th:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Rutledge, so as to change the name of the Town of Rutledge to the City of Rutledge; and for other purposes.

HB 1287. By Mr. Lambert of the 38th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues in and for the County of Morgan,

984

JOURNAL OF THE HOUSE,

so as to change the compensation of the chairman, the vice-chairman, and other members of said board of commissioners; and for other pur poses.

HB 1288. By Mr. Lambert of the 38th:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Greene County into the one office of tax commissioner, so as to change the compensation of the tax com missioner; and for other purposes.

HR 604-1288. By Mr. Lambert of the 38th: A Resolution compensating H. K. Moody; and for other purposes.

SB 180. By Senator Cox of the 21st:
A Bill to be entitled an Act to repeal Section 24-3104 of the Code of Georgia, relating to the compensation of court reporters by counties, so as to provide a method, procedure and source of compensation of court reporters by counties for attendance upon all courts and for reporting criminal cases therein; and for other purposes.

SB 237. By Senator Johnson of the 42nd:
A Bill to be entitled an Act to amend an Act entitled "An Act to prohibit the State of Georgia or any department thereof or any political sub division thereof from employing in any agency of the State of Georgia or any of its departments or political subdivisions any alien except where there is no qualified American citizen available"; and for other purposes.

SB 272. By Senators Kilpatrick of the 44th, Searcey of the 2nd, Knight of the 16th and Plunkett of the 30th:
A Bill to be entitled an Act to amend an Act providing for the an nexation of areas contiguous to incorporated municipalities by petition and providing procedures therefor, so as to change the percentages; and for other purposes.

SB 294. By Senators Rowan of the 8th, Kidd of the 25th, Adams of the 26th and Gregory of the 15th:
A Bill to be entitled an Act to amend Code Section 77-310 relating to penal institutions, classification and segregation of prisoners; estab lishment of separate camps; removal of women prisoners; transfer of mentally diseased and tubercular prisoners; in order to provide a method whereby the hospital may continue the treatment and care of

WEDNESDAY, FEBRUARY 7, 1968

985

a prisoner patient, whose term has expired and in need of further institutional care; and for other purposes.

The following report of the Committee on Rules was read and adopted:

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for Wednesday, Feb ruary 7, 1968, and submits the following:
HB 813. Private parking areas, illegally parked. HB 849. Board of Recreation Examiners. HB 862. Municipalities, grants, quarterly basis. HB 889. Superior Court Clerks, recording fees. HB 931. G B I, Clothing allowance. HB 935. Subsidiary corporations, capital stock. HB 938. Banking service, corporate powers. HB 939. Banking law, common stock. HB 980. Highway Director, functions and duties. HB 987. Highway Director, qualifications. HB 992. Hauling of timber, lumber, highways. HB 1144. Simulated court process, prohibit use to collect debt. HB 1178. Political Party Conventions, rules. HB 1198. Equal Pay, Male and Female. HB 1226. Reapportion, Representative Districts.

HR 217-712. Revenue bonds, student loans.

HR 382-867. Impeachment, Mrs. Rebecca L. Garrett.

HR 414-923. Create Committee, Urban and Municipal Affairs.

SB

234. Department of Air Transportation.

SR 146. Pertaining to Uniform Time.

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted,
Busbee of the 79th, Vice-Chairman.

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JOURNAL OF THE HOUSE,

Mr. Barber of the 24th, Chairman of the Committee on Education, sub mitted the following report:

Mr. Speaker:

Your Committee on Education has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1001. Do Pass as Amended.
HB 1000. Do Pass as Amended.
HB 1103. Do Pass by Substitute.
Respectfully submitted,
Barber of the 24th, Chairman.

Mr. Rainey of the 69th, Chairman of the Committee on Game and Fish, submitted the following report:

Mr. Speaker:

Your Committee on Game & Fish has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:

HB 1270. Do Pass.

Respectfully submitted, Rainey of the 9th, Chairman.

Mr. Vaughn of the 117th, Chairman of the Committee on Highways, sub mitted the following report:

Mr. Speaker:
Your Committee on Highways has had under consideration the following Bills and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 451-994. Do Pass. HB 990. Do Pass. HB 988. Do Pass.

WEDNESDAY, FEBRUARY 7, 1968

987

HB 986. Do Pass. HB 994. Do Pass.

Respectfully submitted, Vaughn of the 117th, Chairman.

Mr. Smith of the 3rd, Chairman of the Committee on Hygiene & Sanitation, submitted the following report:

Mr. Speaker:
Your Committee on Hygiene & Sanitation has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1063. Do Pass. HB 1069. Do Pass. HB 1135. Do Pass. HB 1176. Do Pass. HB 1177. Do Pass. HB 1253. Do Pass. SB 210. Do Pass. SB 286. Do Pass. SB 287. Do Pass.
Respectfully submitted, Smith of the 3rd, Chairman.

Mr. Lee of the 35th, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 203. Do Pass. Respectfully submitted, Lee of the 35th, Chairman.

988

JOURNAL OF THE HOUSE,

Mr. Harris of the 118th, Chairman of the Committee on Judiciary, sub mitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1236. Do Pass by Substitute. HR 379-853. Do Pass by Substitute. HB 1221. Do Pass as Amended. HB 868. Do Not Pass.
Respectfully submitted, Harris of the 118th, Chairman.

Mr. Clarke of the 45th, Chairman of the Committee on Local Affairs, sub mitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1160. Do Pass. HB 1161. Do Pass. HB 1162. Do Pass as Amended. HB 1223. Do Pass. HB 1249. Do Pass. HB 1250. Do Pass. HB 1252. Do Pass. HB 1254. Do Pass. HB 1255. Do Pass. HB 1256. Do Pass. HB 1257. Do Pass. HB 1259. Do Pass. HB 1261. Do Pass. HB 1262. Do Pass.

WEDNESDAY, FEBRUARY 7, 1968

989

HB 1265. Do Pass. HB 1266. Do Pass. HB 1267. Do Pass. HB 1269. Do Pass. HB 1272. Do Pass. HB 1274. Do Pass. HB 1275. Do Pass. HB 1276. Do Pass. HB 1278. Do Pass. HB 1279. Do Pass. HB 1281. Do Pass. HB 1282. Do Pass. HB 1283. Do Pass. HB 1284. Do Pass. HB 1285. Do Pass. HB 1286. Do Pass. HB 1287. Do Pass. HB 1288. Do Pass. HR 485-1050. Do Pass. HR 496-1084. Do Pass. HR 497-1084. Do Pass. HR 559-1220. Do Pass.

Respectfully submitted, Clarke of the 45th, Chairman.

Mr. Steis of the 100th, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the fol lowing Bills and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recom mendations :

HB 1213. Do Pass.

HB

22. Do Not Pass.

990

JOURNAL OF THE HOUSE,

HB

153. Do Not Pass.

HE 538-1179. Do Pass.

HR 546-1200. Do Pass.

HR 539-1179. Do Pass.

HR 547-1200. Do Pass.

SR

164. Do Pass.

Respectfully submitted, Steis of the 100th, Chairman.

Mr. McCracken of the 49th, Chairman of the Committee on State of Republic, submitted the following report:

Mr. Speaker:
Your Committee on State of Republic has had under consideration the fol lowing Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1035. Do Pass as Amended. SB 293. Do Pass. HB 1240. Do Pass. SB 231. Do Pass. SR 77. Do Pass.
Respectfully submitted, McCracken of the 49th, Chairman.

Mr. Melton of the 34th, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the fol lowing Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 846. Do Pass by Substitute. Respectfully submitted, Meleton of the 34th, Chairman.

WEDNESDAY, FEBRUARY 7, 1968

991

By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 1160. By Mr. Snow of the 1st:
A Bill to be entitled an Act to amend an Act incorporating the City of Rossville, so as to provide for the appointment of a chief of the fire and police departments of the City of Rossville by the mayor and council; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 111, nays 0.

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

HB 1161. By Mr. Snow of the 1st:
A Bill to be entitled an Act to amend an Act incorporating the City of Rossville, so as to establish a recorder's court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1223. By Mrs. Hamilton of the 137th, Messrs. Egan of the 141st, Bond of the 136th, Brown of the 135th, Hill of the 121st and others: A Bill to be entitled an Act to amend an Act known as the "Housing Authorities Law", so as to provide that the authorities created by said Act shall be known as a "Housing and Redevelopment Authority", under certain circumstances; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.

992

JOURNAL OF THE HOUSE,

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

HB 1228. By Messrs. Caldwell of the 51st, Lee, Gary and Northcutt of the 35th, Melton and Brown of the 34th:
A Bill to be entitled an Act to amend an Act providing a salary for the official court reporter of the Griffin Judicial Circuit, so as to change the salary of said court reporter; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 111, nays 0.

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

HB 1231. By Mr. Reaves of the 99th:
A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners for Brooks County, so as to increase the com pensation of the chairman and members of the Board; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 1232. By Mr. Kirksey of the 87th: A Bill to be entitled an Act to amend an Act amending, consolidating and superseding the several Acts incorporating the City of Colquitt, so as to eliminate the provisions providing certain areas in the city limits shall not be subject to city taxes until certain services are ren dered to said area; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.

WEDNESDAY, FEBRUARY 7, 1968

993

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

HB 1242. By Mr. Gunter of the llth:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Baldwin, in the counties of Banks and Habersham, so as to change the term of office of the mayor; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 111, nays 0.

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

HB 1243. By Messrs. Cooper of the 103rd, Henderson and Wilson of the 102nd, Howard and McDaniell of the 101st:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Cobb County, so as to change the provisions relating to the appointment of certain officers and em ployees of Cobb County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 111, nays 0.

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

HB 1162. By Mr. Snow of the 1st:
A Bill to be entitled an Act to amend an Act incorporating the City of Rossville, so as to change the compensation of the mayor and councilmen; to change the compensation of the tax assessor; and for other purposes.

The following amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 1162 by striking in Section 2 thereof on line 7 of page 2 the figure "$1,200.00"

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and inserting in lieu thereof the figure "$600.00" so that said line 7 will read: "annual salary each the sum of $600.00, payable in".

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, as amended, the ayes were 111, nays 0.

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

HE 485-1050. By Mr. Jordan of the 78th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Calhoun County Development Authority; to provide for powers, au thority, funds, purposes and procedures connected therewith; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. The Constitution of this State is hereby amended by adding at the end of Article VII, Section VII, Paragraph V, the fol lowing:
"A. There is hereby created a body corporate and politic in Calhoun County to be known as the 'Calhoun County Industrial Development Authority', hereinafter referred to as the 'Authority', which shall be an instrumentality of Calhoun County and a public corporation.
"B. The Authority shall consist of the Commissioners of Roads and Revenues of Calhoun County by virtue of their holding said elec tive offices. Two additional members of the Authority shall be appointed by a majority of the Commissioners of Roads and Reve nues of Calhoun County. They shall be appointed for initial terms of two and four years, respectively, and until their successors are appointed and qualified; thereafter, their successors shall be ap pointed for terms of four years and until their successors are appointed and qualified. A majority of the members shall constitute a quorum and a majority may act for the Authority in any manner. No vacancy shall impair the power of the Authority to act.
"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation

WEDNESDAY, FEBRUARY 7, 1968

995

as the property, obligations and interest on the obligations of Calhoun County.

"D. The powers of the Authority shall include, but not be limited to, the power:

(1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage land, buildings and property of all kinds within the limits of Calhoun County;

(2) To receive and administer gifts, grants and donations and to administer trusts;

(3) To grant, loan and lease without adequate consideration or without any consideration and with and without security, any of its funds and property to private persons and corporations operating or promising to operate any industrial plant or estab lishment within Calhoun County which in the judgment of the Authority will be a benefit to the people of said County. The pro visions of this clause shall not be construed to limit any other power of the Authority;

(4) To borrow money, to issue notes, bonds and revenue cer tificates therefor, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;

(5) To contract with Calhoun County and other political sub divisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;

(6) To have and exercise usual powers of private corporation except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority;

(7) To encourage and promote the expansion and development of industry, agriculture trade, and commerce and the facilities therefor in Calhoun County, and to make long-range plans there for, to relieve insofar as possible unemployment within its boun daries, and to that end to acquire by purchase or gift any building or structure within the limits of Calhoun County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful fur nishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building or building under construc tion and the remodeling, renovating, reconstructing, completing of construction, furnishing and equipping of such building. No building

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acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other reve nues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking;
(8) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;
(9) To designate officers to sign and act for the Authority generally or in any specific matter;
(10) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated;
"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Calhoun County.
"P. The Authority shall have the same immunity and exemp tion from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority when in performance of the work of the Authority, shall have the same im munity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority.
"G. The members of the Authority shall receive no compen sation for their services of the Authority.

"H. In addition to the purposes for which Revenue Bonds are now permitted by this Constitution to be issued, the Authority, with the consent of the Board of Commissioners of Roads and Revenues of Calhoun County, to carry out public purposes of this amendment is hereby authorized to issue Revenue Bonds bearing rate or rates of interest not to exceed 8% and maturing at the years and amounts determined by the Authority and the procedure of valida tion, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as heretofore or hereafter amended, Ga. Code Ann. Supp. Charter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hy pothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement

WEDNESDAY, FEBRUARY 7, 1968

997

or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or identure may provide for foreclosure, or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued.

"I. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or in come may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation.

"J. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Calhoun County and its citizens, industry, agriculture and trade within the County of Calhoun, and making long-range plans for such development and expansion and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purposes.

"K. This amendment shall be effective immediately upon pro clamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty days after such proclamation.

"L. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Calhoun County, and the scope of its operations shall be limited to the territory embraced within Calhoun County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Calhoun County.

"M. There shall be no limitations upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of Calhoun County or the State.

"N. In the event any section, subsection, sentence, clause or phrase of this amendment shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this amendment, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or ad judged invalid or unconstitutional was not originally a part hereof."

Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided

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in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to create the Calhoun County Industrial Development Authority
NO ( ) and to provide for powers, authority, funds, purposes and procedures connected therewith?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D.

Brown, C. Buck Busbee Caldwell Games Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey

Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Dollar Doster Douglas Edwards Egan Fallin Farmer Fleming Floyd Funk Gary

WEDNESDAY, FEBRUARY 7, 1968

999

Gay Gaynor Gignilliat Grier Gunter Hadaway Hale Hall Hamilton Hargrett Harrington
Harris, J. P. Harris, J. R. Harris, R. W. Harrison Higginbotham Holder Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill)

Leggett Leonard Levitas Lewis
Lowrey Magoon M alone Matthews, C. Mauldin Maxwell McClatchey McCracken Melton Merritt Miller
Mixon Moore, Don C. Moore, J. H. Moreland Mullinax Nessmith Newton Nimmer Oglesby Pafford Palmer Parker, C. A. Parker, H. W. Parrish Peterson Phillips Poss Potts Ragland Reaves Richardson Roach Ross

Rowland Rush Russell Shanhan Sherman Shields Simmons Sims Smith, G. W. Smith, W. L.
Snow Stalnaker Starnes Steis Sullivan Sweat Thompson, A. W. Thompson, R. Townsend Tucker Turner Tye Underwood Vaughan, D. N.
Vaughn, C. R. Wamble Ward Ware Wells Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Cook Cooper, B. Dorminy Farrar Grahl Graves Henderson Hill Lambert Lee, W. S. Longino

Lovell Mason Matthews, D. R. McDaniell Moate Murphy Nash Northcutt Odom Otwell Paris

Pickard Rainey Savage Scarlett Shuman Smith, J. R. Smith, V. T. Threadgill Walling Wiggins Mr. Speaker

On the adoption of the Resolution, the ayes were 172, nays 0.

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The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 496-1084. By Mr. Harrison of the 98th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Camden County Development Authority; to provide for powers, author ity, funds, purposes and procedures connected therewith; to limit the annual tax which may be levied for the support of the Authority; to provide for the submission of this amendment for ratification or re jection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in the County of Camden to be known as the Camden Development Author ity, Woodbine, Georgia, which shall be an instrumentality of Cam den County and a public corporation and which in this amendment is hereafter referred to as the 'Authority'.
B. The Authority shall consist of seven members who shall serve for a term of four, three and two years and who shall be eligible for reappointment. The original seven members shall serve terms of three for four years, two for three years and two for two years. They shall be O. P. Middleton, Sr., R. L. Edenfield, Carl M. Drury, each to serve four years; Claude L. Miller, Jr., Richard L. Daley, each to serve three years; Harold C. Rogers, Walter C. Merck, each to serve two years. The subsequent members shall be appointed by the Camden County Commissioners for terms of four years each and until their successors are appointed and qualified. Vacancies shall be filled for the unexpired term by the Authority. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act.
C. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of camden County.
The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority. The right of any private per son to use or occupy any real estate of the Authority for a period of one year or longer under any lease or other agreement for the

WEDNESDAY, FEBRUARY 7, 1968

1001

purposes of taxation shall be classed as an interest in the real estate and as real property and shall be taxed as real property as now provided by law, or may be taxed as the General Assembly may hereafter provide by general or local law. The tax exemption herein provided also shall not include exemption from sales and use taxes on property purchased by the Authority or for use of the Authority.

D. The powers of the Authority shall include but not be limited to, the power:

(1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage land, buildings, and property of all kinds within Camden County.

(2) To receive and administer, gifts, grants and donations and to administer trusts.

(3) To grant, loan and lease without adequate consideration or without any consideration and with and without security, any of its funds and property to private persons and corporations operating or proposing to operate any industrial plant or establishment within Camden County. The provisions of this clause shall not be con strued to limit any other power of the Authority.

(4) To borrow money and to issue notes, bonds and revenue certificates therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor.

(5) To contract with Camden County and other political sub divisions and with private persons and corporations and to sue and be sued in its corporate name.

(6) To have and exercise usual powers of a private corporation except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority.

(7) To encourage and promote the expansion of industry, agriculture, trade, commerce and recreation in Camden County, and to make long-range plans therefor.

(8) To exercise such other powers and duties as may be dele gated to it by the Camden County Commissioners.

(9) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested.

(10) To designate officers to sign and act for the Authority generally or in any specific matter.

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(11) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.

E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against Camden County or the State of Georgia.

F. The Authority shall have the same immunity and exemption from liability from torts and negligence as the State of Georgia and the officers, agents and employees of the Authority, when in per formance of the work of the Authority, shall have the same im munity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Author ity may be sued the same as private corporations on any con tractual obligation of the Authority.

G. The members of the Authority shall receive only such com pensation for their services to the Authority as shall be authorized by the Authority and approved by the Board of Commissioners and such compensation shall be paid from funds of the Authority.

H. The Board of Commissioners of Roads and Revenues for Camden County is hereby authorized to levy an annual tax on all taxable property within the county for the support of the Authority and for its use and purposes, and all funds raised by such tax shall be paid to the Authority and shall become a part of its funds and may be used by the Authority for any of its purposes and powers as herein stated, or as may be hereafter provided by law. The tax authorized herein shall in no event exceed eighteen thousand ($18,000.00) dollars annually, but such tax shall be in addition to all other taxes authorized by law.
I. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respect in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended, Ga. Code Ann., Supp., Chapter 87-8, as if said obligation had been originally authorized to be issued there under; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hy pothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bond issued as provided herein, and such trust agreement, or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein con tained shall be construed to authorize said Authority to issue any bond resulting in the creation of a lien against the tax digest of Camden County.

WEDNESDAY, FEBRUARY 7, 1968

1003

J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payments of the obligation.

K. This amendment is adopted for the purpose of developing and promoting for the public good and general welfare of Camden County and its citizens, industry, agriculture, commerce, natural resources and vocational training, and the making of long-range plans for the coordination of such development, promotion and ex pansion within its territorial limits. This amendment and any law enacted with reference to the Authority shall be liberally construed for the development of this purpose.

L. This amendment shall be effective immediately upon pro clamation of its ratification by the Governor.

M. The General Assembly may by law further define and pre scribe the powers and duties of the Authority and the exercise there of, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority.

N. There shall be no limitations upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of Camden County or the State of Georgia."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to create the Camden County Development Authority and to provide
NO ( ) for powers, authority, funds, purposes and procedures connected therewith and to limit the annual tax which may be levied for the support of the Authority?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

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

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State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray
Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner
Cooper, J. R. Cox Crowe, William

Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Dollar Doster Douglas Edwards Egan Fallin Farmer Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grier Gunter Hadaway Hale Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham

Holder Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, C. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leggett Leonard Levitas Lewis Lowrey Magoon Malone Matthews, C. Mauldin Maxwell McClatchey McCracken Melton Merritt Miller Mixon

WEDNESDAY, FEBRUARY 7, 1968

1005

Moore, Don C. Moore, J. H. Moreland Mullinax Nessmith Newton Nimmer Oglesby Pafford Palmer Parker, C. A. Parker, H. W. Parrish Peterson Phillips Poss Potts Ragland Reaves Richardson

Roach Ross Rowland Rush Russell Shanahan Sherman Shields Simmons Sims Smith, G. W. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Sweat Thompson, A. W. Thompson, R.

Townsend Tucker Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Wamble Ward Ware Wells Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Cook Cooper, B. Dorminy Parrar Grahl Graves Henderson Hill Lambert Lee, W. S. Longino

Lovell Mason Matthews, D. R. McDaniell Moate Murphy Nash Northcutt Odom Otwell Paris

Pickard Rainey Savage Scarlett Shuman Smith, J. R. Smith, V. T. Threadgill Walling Wiggins Mr. Speaker

On the adoption of the Resolution, the ayes were 172, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 497-1084. By Mr. Harrison of the 98th:
A RESOLUTION
To repeal a resolution relating to the Camden County Development Authority, found in 1967 Ga. Laws, p. 922; to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

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SECTION 1

A resolution proposing an amendment to the Constitution relating to the Camden County Development Authority, found in 1967 Ga. Laws, p. 922, is hereby repealed in its entirety.

SECTION 2

All laws and parts of laws in conflict with this Act are hereby re pealed.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Cheeks Clarke Cole Collins, J. F.

Collins, M. Colwell Conner Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Dollar Doster Douglas Edwards Egan Fallin Farmer Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grier

Gunter Hadaway Hale Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham Holder Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambros Land Lane, Dick

WEDNESDAY, FEBRUARY 7, 1968

1007

Lane, W. J. Lee, W. J. (Bill) Leggett Leonard Le vitas
Lewis Lowrey Magoon Malone Matthews, C. Mauldin Maxwell McClatchey McCracken
Melton Merritt Miller Mixon Moore, Don C. Moore, J. H. Moreland Mullinax Nessmith
Newton Nimmer Oglesby

Pafford
Palmer Parker, C. A. Parker, H. W. Parrish Peterson Phillips
Poss Potts Ragland Reaves
Richardson Roach Ross Rowland Rush Russell Shanahan Sherman Shields Simmons Sims Smith, G. W. Smith, W. L. Snow Stalnaker

Starnes Steis Sullivan Sweat Thompson, A. W. Thompson, R. Townsend
Tucker Turner Tye Underwood Vaughan, D. N.
Vaughn, C. R. Wamble Ward
Ware Wells Westlake
Whaley Williams Wilson, J. M.
Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Cook Cooper, B. Dorminy
Parrar Grahl Graves Henderson
Hill Lambert Lee, W. S. Longino

Lovell Mason Matthews, D. R. McDaniell Moate Murphy Nash Northcutt Odom Otwell Paris

Pickard
Rainey Savage Scarlett Shuman Smith, J. R. Smith, V. T.
Threadgill Walling Wiggins
Mr. Speaker

On the adoption of the Resolution, the ayes were 172, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 557-1216. By Messrs. Blalock and Potts of the 33rd:
COWETA COUNTY SCHOOL SYSTEM
A Resolution proposing an amendment to the Constitution of the State of Georgia so as to create the Coweta County School System by

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merging the county school system of Coweta County and the independent school system of the City of Newnan; 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 VIII, Section V, Paragraph I of the Constitution of the State of Georgia, as amended, is hereby further amended by adding at the end of said Paragraph, Section and Article the following:

"Effective at the time and in the manner provided hereinafter, there is hereby created the Coweta County School System by merging the county school system of Coweta County and the independent school system of the City of Newnan. There is hereby created the board of education of the Coweta County School System. Said board shall be composed of seven (7) members as follows:

Coweta County shall consist of five (5) school divisions. Division One shall include all of Coweta County in its entirety. Division Two shall include all of the territory now or hereafter located within the territorial limits of the City of Newnan. Division Three shall include all of the territory within Coweta County within the following boundaries: All of Coweta County that lies northerly and easterly of the following described boundary line, to-wit:

Begin where the center line of the Newnan Fayetteville Road (State Route 34) intersects the eastern boundary of Coweta County which is the western boundary of Fayette County and travel thence westerly to the center line of a county road known as the Dr. Fischer Road; thence southerly along said center line of the Dr. Fischer Road to the center line of a county road known as the lower Fayetteville
Road; thence westerly along the center line of the lower Newnan Fayetteville Road to the center line of U. S. Highway 29; thence northerly along the center line of U. S. Highway 29 to the center line of the Newnan Roscoe Road (State Route 70); thence northerly
and westerly along the center line of the Newnan Roscoe Road (State Route 70) to the intersection of said center line with the southern boundary of Fulton County which is the northern boundary of Coweta County except that portion of the above described division which now or hereafter shall lie within the corporate limits of the City of Newnan.

Division Four shall include all of the territory within Coweta County within the following boundaries. All of Coweta County that lies southerly of and easterly of the following boundary line, to-wit: Begin where the center line of the Newnan Fayetteville Road (State Route 34) intersects the eastern boundary of Coweta County which is the western boundary of Fayette County, and travel thence west erly to the center line of a county road known as the Dr. Fischer Road; thence southerly along the center line of the Dr. Fischer Road to the center line of a county road known as the lower Newnan Fayetteville Road; thence westerly along the center line of the lower Newnan Fayetteville Road to the center line of U. S. Highway 29;

WEDNESDAY, FEBRUARY 7, 1968

1009

thence southerly along the center line of U. S. Highway 29 until its intersection with the Lone Oak-Luthersville Road; thence southeast along the center line of said road to its intersection with Meriwether County Line; except that part of the above described Division which now or hereafter shall be within the corporate limits of the City of Newnan.

Division Five shall include all of the territory within Coweta County within the following boundaries: All of Coweta County that lies southerly of and westerly of the following boundary line, to-wit: Begin where the center line of the Lone Oak-Luthersville Road inter sects the southerly line of Coweta County which is the northerly boundary of Meriwether County and travel thence northwesterly along the center line of said road until it intersects with the center line of Highway 29; thence North along the center line of Highway 29 until it intersects with the center line of the Newnan Roscoe Road (State Route 70), and thence northerly and westerly along the center line of said Newnan Roscoe Road (State Route 70) until the intersection of the center line with the southern boundary of Fulton County which is the northern boundary of Coweta County, EXCEPT that portion of the above described division which now or hereafter shall lie within the corporate limits of the City of Newnan.

The Board of Education of the Coweta County School System shall consist of one member who resides in Division One; three members who reside in Division Two; one member who resides in Division Three; one member who resides in Division Four; and one member who resides in Division Five.

All candidates for election to the Board of Education of the Coweta County School System shall at the time of their election be at least twenty-five years of age, persons of good moral character and shall have been a resident of Coweta County, Georgia for a period of 12 months next preceding the date of the election. All persons now or hereafter elected or appointed to serve as members
of the board of education of the present county School System of Coweta County or the independent School System of the City of Newnan shall be eligible for election to the board of education of the new Coweta County School System and may serve on two boards simultaneously

The first members of the Board of Education of the Coweta
County School System shall be elected in a special election to be held for that purpose on the first Wednesday in February, 1969. Said
election and all future elections held for members of the Board of Education of the Coweta County School System shall be held under the direction and supervision of the Ordinary of Coweta County under the laws of the State of Georgia now or hereafter in force respecting the powers and duties of Ordinaries with respect to elec tions. The costs of the first election and all future elections of the Board of Education of the Coweta County School System shall be borne by the governing authority of Coweta County.

All candidates for election to be the first members of the Board of Education of the Coweta County School System shall qualify with

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the Ordinary of Coweta County not less than 15 days prior to the date set for election, and shall specify from which division he is a candidate, and all candidates for future elections to the Board of Education of the Coweta County School System shall qualify with the Ordinary of Coweta County in a manner as prescribed by the Georgia Election Code as now in force or hereafter amended.

No person shall be eligible for election to said Board of Educa tion who has not so qualified with the Ordinary and any votes for any person not so qualifying shall be disregarded in the tabulation of the votes in any election.

At the election to be held on the first Wednesday in February, 1969 for the first members of the Board of Education of the Coweta County School System the candidate from Division One who receives the highest number of votes for said office shall be elected for a term to begin on March 1, 1969 and ending on December 31, 1971, and until his or her successor is elected and qualified. Thereafter his or her successor and successors shall be elected for successive terms of three years.

At the election to be held on the first Wednesday in February, 1969 the candidate from Division Two who receives the highest num ber of votes for said office shall be elected for a term to begin on March 1, 1969, and ending on December 31, 1971, and until his or her successor and successors is elected and qualified. Thereafter his or her successor shall be elected for successive terms of three years. At this election the candidate who receives the second highest num ber of votes for said office shall be elected for a term to begin on March 1, 1969, and ending on December 31, 1970, and until his or her successor is elected and qualified. Thereafter his or her successor and successors shall be elected for successive terms of three years. At this election the candidate who receives the third highest number of votes shall be elected for a term to begin on March 1, 1969, and ending on December 31, 1969, and until his or her successor is elected and qualified. Thereafter his or her successor and successors shall be elected for successive terms of three years.

At the election to be held on the first Wednesday in February, 1969 the candidate from Divisions Three, Four and Five who receives the highest number of votes for said office shall be elected for a term to begin on March 1, 1969, and ending on December 31, 1971, and until his or her successor is elected and qualified. Thereafter his or her successor and successors shall be elected for successive terms of three years. At this election the successful candidate from a divi sion who receives less votes that the candidate who receives the highest number of votes, but who receives more votes than the suc cessful candidate from the remaining division, shall be elected for a term to begin on March 1, 1969, and ending on December 31, 1970, and until his or her successor is elected and qualified.

Thereafter his or her successor and successors shall be elected for successive terms of three years. At this election the successful candidate from a division who receives the least number of votes of any successful candidates of these three divisions shall be elected

WEDNESDAY, FEBRUARY 7, 1968

1011

for a term to begin on March 1, 1969, and ending on December 31, 1969 and until his or her successor is elected and qualified. There after his or her successor and successors shall be elected for suc cessive terms of three years.

After the first election for members of the Board of Education of the Coweta County School System to be held on the first Wednes day in February, 1969 there shall be held annual elections for elec tion to the Board to fulfill the vacancies occurring on December 31 of that year. Said annual elections shall be held on Tuesday after the first Monday in November in 1969 and annually on Tuesday after the first Monday in November of each year thereafter.

At the first election held for members of the Board of Education and at all subsequent elections all residents of Coweta County then duly registered and eligible to vote for members of the General Assembly of the State of Georgia shall be eligible to vote. All quali fied persons voting may vote for each candidate regardless of whether or not such candidate may be a resident of the division in which such voter may reside it being the intention of this provision that all members of the Board of Education shall be elected by all residents of Coweta County who vote in the several elections. In all elections the qualified candidate who receives the highest number of votes in each division shall be declared the successful candidate.

The death or resignation of a member of the Board of Education, or his or her physical or mental disability to perform his or her duties, or the removal of a member from the division from which he or she qualified and continuous residence elsewhere for a con tinuous period of three months shall be deemed to create a vacancy on the board with respect to such member. Any vacancy on said board shall be filled by the majority vote of the remaining members at a meeting duly called and held for that purpose, the person designated to fill such vacancy to be from the particular division with respect to which such vacancy occurs. Any such vacancy filled by the Board in this manner shall be for the term for which the original member was elected and until the successor is duly elected and qualified.

Each member of the board of education upon assuming his office, shall take an oath faithfully to perform the duties of his office as such member. Compensation paid to members of said Coweta County School System shall be only that now or hereafter provided for members of county boards of education by the general laws of Georgia.

The Coweta County School System Board of Education is hereby authorized to provide for the holding of such meetings, regular or special, as it may see fit, and to make provision for the time, place and manner of calling and holding the same. It shall, at the first board meeting in each calendar year, select a chairman, vice chair man, a secretary and a treasurer and may select an assistant secre tary and an assistant treasurer and said board may select and desig nate such other officers and committees as it deems necessary to the administration of its duties and the administration of said school

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system. Said officers and committees shall hold office until the last meeting in the year for which elected and until their successors are elected.

Said board of education shall adopt an official seal, for use when necessary, the wording on said seal to read:

"Coweta County School System -- Created 1969".

The Coweta County School System Board of Education shall have the power to employ and fix the salaries of any and all personnel necessary to effectuate the proper administration of said school system, including a superintendent of education for said system. The duties of the superintendent of education shall be the same as those of county superintendents of schools under the general laws of Geor gia, but such duties may be decreased, increased, or otherwise modi fied by action of said board. The duties of any other personnel ap pointed by said board shall be such as the board may designate, and in the absence of such designation shall be the same as the duties of their respective classifications under the general laws of Georgia.

The Coweta County School System shall have the power to pro vide, and pay such part of the cost of a program for the benefit of its employees as it deems best including retirement benefits and sickness, health, accident, hospitalization and life insurance.

That said board of education may enter into written contracts with teachers and other personnel of said system and into contracts for transportatiion of pupils, but none of such contracts shall be made for a longer period than twelve months; except that said board may enter into a written contract with a superintendent of education for any period not exceeding four (4) years.

All contracts, bonds and other evidence of indebtedness entered into or issued or incurred by said board shall be signed on behalf of the board by the chairman (and in his absence by the vice chair man) and attested by the secretary, or any other officer designated by the board; except that contracts with teachers and other personnel shall, when so authorized by the board, be executed by the super intendent of education or other person as the board may designate, and that contracts for supplies, labor and repairs may be made on behalf of the board by the superintendent or other person as the board may designate where the expenditure involved for any one commitment does not exceed such amount as may from time to time be fixed by the board.

All disbursements of funds of said school system shall be by check signed in such manner as shall be designated by the board.

That for the purpose of providing funds for the said Coweta County School System returns for taxation of all property in said County of Coweta liable for taxation shall be made to the same officials, county and State, as in case of returns of taxes for county

WEDNESDAY, FEBRUARY 7, 1968

1013

and State purposes, and the same provisions, as to time, method and officials and boards in which powers are vested under the laws of Georgia relating to State and county taxes, shall be applicable to taxation for any of the purposes of said school system, including the time, place and manner of assessments, payment and collection of taxes, date, rank and fixation of tax liens, issuance and levy of executions, affidavits of illegality and other defenses, and all other methods and provisions provided under the laws of Georgia with respect to such taxation.

That the Board of Education of said Coweta County School System shall annually, within the time required by law, recommend to the Commissioners of Roads and Revenues of Coweta County the rate of the levy necessary to be made for taxes for the support and maintenance of said school system; and said commissioners shall levy a tax, to the extent now or hereafter permitted by the Constitution and laws of Georgia, as recommended by said board

All liens for school taxes unpaid July 1, 1969, whether arising for the benefit of the heretofore existing independent school system of the City of Newnan or for the benefit of the existing school dis trict of Coweta County outside the corporate limits of Newnan, shall remain of full force and effect and all powers provided for the enforcement thereof shall also remain of full force and effect. All such unpaid school taxes shall accrue to the benefit of said Coweta County School System.

That in addition to obligations allowed to be incurred by the provisions of this constitutional Amendment and The Constitution of the State of Georgia and the general and special laws of Georgia,
now or hereafter in force, authority is hereby given to the said board of education to make temporary loans in each year for the benefit of said school system, for its support and maintenance, the temporary loans to be made between January first and December thirty-first in each year to pay the expenses of said support and maintenance for such year.

The aggregate amount of temporary loans outstanding at any time shall not exceed the total gross income of said Coweta County School System from all sources during the preceding calendar year; and the aggregate amount of temporary loans which may be made for the benefit of said school system for the fiscal year 1969-1970 shall not exceed the total gross income from all sources of the here tofore existing independent school system of the City of Newnan and of the heretofore existing school system of Coweta County outside the corporate limits of Newnan, for the fiscal year 1968-1969.

Any such loan shall be payable on or before December thirtyfirst of the calendar year in which made, and no loan may be made in any year when there is a loan then unpaid which was made in a prior year.

Any person, firm or corporation making temporary loans to said school system may rely exclusively upon the resolution of said board

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of education authorizing said loan so far as concerns compliance with all requirements of law of said loan or loans.

Anything in this Constitution to the contrary notwithstanding the Coweta County School System is hereby authorized to incur an additional indebtedness for the purpose of constructing, erecting, enlarging, repairing, and improving the necessary school buildings and related facilities for school, education, and physical development therefor and paying the expenses incident thereto and evidence the same by the issuance, from time to time, of school bonds and evi dences of indebtedness, but the aggregate principal amount of such school bonds outstanding at any one time shall not exceed seven per centum (7%) of the assessed value of all taxable property with in the County subject to taxation for bond purposes. Said debt limitation shall be in addition to and separate from the seven per centum (7%) debt limitation now imposed by Article VII, Section VII, Paragraph I of the Constitution. Nothing herein contained shall limit or otherwise affect the amount of bonds Coweta County may issue under Article VII, Section VII, Paragraph I of the Constitution for other purposes. Said County is hereby authorized to levy taxes without limitation as to rate or amount sufficient to pay the prin cipal of and interest on said bonds as same mature. The issuance or non-issuance of said school bonds shall be submitted to the regis tered, qualified voters of the County for their determination as pro vided under Article VII, Section VII, Paragraph I of the Constitution and the laws of this State.

Said board of education is hereby granted all the powers of eminent domain necessary to the proper administration of said school system, with all the authority to execute such powers as is, or may hereafter be, provided by any other laws of Georgia.

The City of Newnan and the County of Coweta are hereby au thorized to appropriate money from their general funds to the said board of education for educational purposes and said board of educa tion is hereby authorized to accept and expend for such purposes any moneys so appropriated and also any moneys or property donated to said board by any other person, firm or corporation, and Coweta County and/or the City of Newnan is hereby given the authority to levy and collect such taxes as either may deem wise or necessary for such purposes.

On July 1, 1969 all property and facilities and all assets, debts and obligations including the bonded indebtedness incurred for the benefit of the county school system of Coweta County and the in dependent school system of the City of Newnan to be merged into the Coweta County School System shall become the property, facili ties, assets, debts and obligations of the Coweta County School
System.

Any real property and all improvements thereto of said Coweta County School System which, in the opinion of said Board of Educa tion, is no longer suitable for its purpose, may be sold, exchanged or otherwise disposed of to another political subdivision at private sale, exchange or other disposition for such consideration as the

WEDNESDAY, FEBRUARY 7, 1968

1015

Board may deem best, or the Board may sell same at public sale to the highest bidder at such time and place and on such terms and conditions it may deem best after advertising the time, place, terms and conditions of said sale for two consecutive weeks in the official organ of Coweta County. Any personal property of said Coweta County School System may be disposed of in such manner as the Board may deem best.

That said Coweta County School System and teachers and other personnel now or hereafter eligible by law to participate therein employed by it shall be subject and entitled to the provisions of the teachers retirement system of said State of Georgia as now estab lished and as may hereafter be amended. That said Coweta County School System and its employees shall be subject to the Social Se curity Act, as now in force, or hereafter amended, and shall par ticipate therein.

That except as otherwise provided in this constitutional amend ment, the said Coweta County School System and said board of education shall be subject to, and shall have and enjoy all the rights, benefits and privileges granted by the laws of the State of Georgia and its Constitution applicable to county school systems and county boards of education.

The county school system of Coweta County and the Board of Education thereof, and the independent school system of the City of Newnan, and the Board of Education thereof, shall continue to exist until June 30, 1969. The term of the superintendent of the Coweta County school system shall end on June 30, 1969, and his or her compensation from the State of Georgia and/or the Coweta County Board of Education shall end on that date.

The term of office of the Superintendent of Education of the Coweta County School System shall begin when appointed and quali fied, and his or her compensation from the State of Georgia and/or the Coweta County School System shall begin on July 1, 1969.

During the period of time when the Coweta County School System and the county school system of Coweta County and the in dependent school system of the City of Newnan are all in existence, the county school system of Coweta County, its board of education, and its school superintendent, and other employees and the inde pendent school system of the City of Newnan, its board of education
and its school superintendent and other employees are authorized and directed to tender to the Coweta County School System and its board of education such assistance such as clerical help, office space, etc., and advice as may be necessary to effect an orderly transition of the two systems into the new system.

The Coweta County School System board of education and school superintendent thereof shall be subject to all constitutional and general statutory provisions relating to county systems of education, county boards of education and county school superintendents except as those provisions conflict with the provisions of this amendment to the Constitution.

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Coweta County, the Coweta County Board of Education, the Board of Education of the City of Newnan and the City of Newnan are hereby authorized to execute and deliver such deeds, conveyances, or bills of sale for real or personal property as may be necessary to effectuate the intentions of this amendment.

This amendment shall be self executing and no additional legis lation by the General Assembly shall be required to make it oper ative; however, the General Assembly is authorized to provide by law for such matters as may be necessary for the operation and con trol of the Coweta County School System not otherwise provided for herein."

Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to create the Coweta County School System by merging the county school system of Coweta
NO ( ) County and the independent school system of the City of Newnan?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendent shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting iln the affirmative were Messrs.:

Adams Alexander

Anderson Ballard

Barber Barfield

WEDNESDAY, FEBRUARY 7, 1968

1017

Battle Bennett Berry, C. E. Berry, J. K.
Black Blalock Bond Bo stick
Bowen Branch Brantley, H. H. Brantley, H. L.
Bray Brown, B. D. Brown, C.
Buck Busbee Caldwell
Games
Gates Cato Chandler
Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cooper, J. R.
Cox Crowe, William
Crowe, W. J. Dailey Daugherty
Davis Dean DeLong Dent Dickinson
Dillon Dixon Dodson Dollar Doster Douglas Edwards
Egan Fallin Farmer Fleming
Floyd Funk
Gary
Gay Gaynor

Gignilliat Grier Gunter Hadaway Hale Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham
Holder Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M.
Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey
Knapp Laite Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leggett Leonard
Levitas Lewis Lowrey Magoon Malone Matthews, C. Mauldin
Maxwell McClatchey McCracken Melton Merritt
Miller Mixon Moore, Don C. Moore, J. H. Moreland
Mullinax

Nessmith Newton Nimmer Oglesby Pafford Palmer Parker, C. A. Parker, H. W.
Parrish Peterson
Phillips
Poss Potts Ragland
Reaves Richardson Roach Ross Rowland
Rush Russell Shanahan
Sherman Shields Simmons Sims Smith, G. W. Smith, W. L.
Snow Stalnaker
Starnes Steis Sullivan Sweat Thompson, A. W.
Thompson, R. Townsend
Tucker Turner
Tye Underwood Vaughan, D. N. Vaughn, C. R.
Wamble Ward Ware Wells Westlake
Whaley Williams Wilson, J. M. Wilson, R. W.
Winkles Wood

1018

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Cook Cooper, B.
Dorminy Farrar Grahl Graves Henderson
Hill Lambert
Lee, W. S. Longino

Lovell Mason
Matthews, D. R. McDaniell Moate Murphy Nash
Northcutt Odom
Otwell Paris

Pickard Eainey
Savage Scarlett Shuman Smith, J. R. Smith, V. T.
Threadgill Walling
Wiggins Mr. Speaker

On the adoption of the Resolution, the ayes were 172, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 559-1220. By Messrs. Harris, Farrar, Walling and Levitas of the 118th:
A RESOLUTION
Proposing an amendment to the Constitution of this State so as to authorize the City of Decatur in the County of DeKalb to issue and sell revenue anticipation obligations subject to and in accordance with the terms and provisions of the Act of the General Assembly approved March 1, 1937, known as the "Revenue Certificate Law of 1937" as amended, and as the same may be hereafter amended to provide funds for the purchase of lands and the construction and establishment thereon of offstreet automobile parking lots, structures, buildings and garages and facilities, and to authorize said City of Decatur to equip, maintain and operate such parking lots, structures, buildings, garages and facili ties; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section VII, Paragraph V of the Constitution of Georgia relating to issuance of revenue anticipation obligations be and the same is hereby amended by adding at the end thereof the following:
"The City of Decatur in the County of DeKalb shall have power and authority to issue and sell revenue anticipation obligations sub ject to and in accordance with the terms and provisions of the Act of the General Assembly approved March 31, 1937, known as the 'Revenue Certificate Laws of 1937' as heretofore amended and as

WEDNESDAY, FEBRUARY 7, 1968

1019

the same may hereafter be amended, to provide funds for the pur chase of lands and the construction and establishment thereon of off-street automobile parking lots, structures, buildings, garages
and facilities. Said city shall have power and authority to equip, maintain and operate such parking lots, structures, buildings, ga rages and facilities, and to appoint a Commission to operate a parking authority which shall have all of the powers, privileges and authority set forth in this constitutional provision."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to authorize the City of Decatur to construct
NO ( ) and maintain off-street parking facilities?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber

Barfield Battle Bennett Berry, C. E. Berry, J. K.

Black Blalock Bond Bostick Bowen

1020
Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Games Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dickinson
Dillon Dixon Dodson Dollar
Doster Douglas
Edwards Egan
Fallin Farmer Fleming Floyd Funk
Gary Gay Gaynor
Gignilliat Grier
Gunter Hadaway Hale Hall

JOURNAL OF THE HOUSE,

Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham Holder Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leggett
Leonard
Levitas
Lewis
Lowry
Magoon
Malone
Matthews, C.
Mauldin
Maxwell
McClatchey
McCracken
Melton
Merritt
Miller
Mixon
Moore, Don C.
Moore, J. H.
Moreland
Mullinax
Nessmith
Newton
Nimmer

Oglesby Pafford Palmer Parker, C. A. Parker, H. W. Parrish Peterson Phillips Poss Potts Ragland Reaves Richardson Roach Ross Rowland Rush Russell Shanahan Sherman Shields Simmons Sims Smith, G. W. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Sweat Thompson, A. W.
Thompson, R.
Townsend
Tucker
Turner
Tye
Underwood
Vaughan, D. N.
Vaughn, C. R.
Wamble
Ward
Ware
Wells Westlake
Whaley
Williams
Wilson, J. M.
Wilson, R. W.
Winkles
Wood

WEDNESDAY, FEBRUARY 7, 1968

1021

Those not voting were Messrs.:

Cook
Cooper, B. Dorminy Parrar Grahl Graves Henderson Hill Lambert Lee, W. S. Longino

Lovell
Mason Matthews, D. R. McDaniell Moate Murphy Nash Northcutt Odom Otwell Paris

Pickard
Rainey Savage Scarlett Shuman Smith, J. R. Smith, V. T. Threadgill Walling Wiggins Mr. Speaker

On the adoption of the Resolution, the ayes were 172, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 593-1241. By Messrs. Lee, Gary and Northcutt of the 35th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Fayette County to establish water, sewerage and fire protection districts in Fayette County; to authorize the governing authority of Fayette County to administer water, sewerage and fire protection systems in said districts; to authorize the governing authority of Fayette County to levy taxes, issue bonds and revenue bonds to oper ate, maintain and administer such districts and systems; to provide what propery shall be taxed for such purposes; to provide for the right of eminent domain; to provide for submission of this amendment for rati fication or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The governing authority of the County of Fayette is hereby authorized and empowered to establish and administer within the bounds of the County of Fayette water, sewerage and fire protection districts, each of which shall have such areas as may be found by said governing authority to be desirable; and may therein create, construct, maintain and operate a system, or systems, for said pur poses; and provided that a district created for any system may in clude an area of another district or of other districts created for

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JOURNAL OF THE HOUSE,

the same or other systems or purposes and for said purposes shall have the power to make necessary plans and surveys; to hire neces sary employees; to levy taxes or assessments on all property in said district or districts therefor; to issue bonds and revenue bonds for the construction and maintenance of said systems; to enter into contracts with private persons, firms, partnerships, public corpora tions, corporations and municipal corporations. Taxes may be levied therefor on all property in said districts upon the vote of the major ity of the qualified voters of said districts voting at a special election to be called by the ordinary of said county, and to be held in said district upon said question; provided that such taxes shall not exceed five mills upon the vaulation of the property located in any such district. Bonds may be issued for such purposes and, if issued, shall be authorized in all respects as provided by Article VII, Section VII, Paragraph I of the Constitution at an election called and held by the governing authority of the County of Fayette, and only those voters residing in such district shall participate in such election held for that purpose. Any other provisions of this Constitution to the contrary notwithstanding, the governing authority of said county may issue bonds in an amount up to ten (10%) percent of the asses sed valuation of the property located therein subject to taxation for bond purposes and any such bonds issued in and for any such district shall not affect the amount of bonds Fayette County may issue under Article VII, Section VII, Paragraph I of the Constitution for other purposes. Provided further, that the homestead exemption granted by Article VII, Section I, Paragraph IV of the Constitution, and the statutes enacted pursuant thereto, shall not be granted and shall not apply to the levy of the taxes herein authorized and provided for, either for the operation and maintenance of the systems or for debt service. Provided further, that for the purposes hereinabove enum erated the said County of Fayette shall have the power of eminent domain and may exercise same upon the payment of just and ade quate compensation as provided by this Constitution and the laws of this State. The planning, construction and establishing of any such system or systems may be financed in whole or in part by the issuance of revenue bonds as provided in the Revenue Bond Law of this State."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two
branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to authorize and empower the governing authority of the County of
NO ( ) Fayette to establish and administer water, sewerage and fire protection districts, and to levy taxes, to issue bonds and have the power of eminent domain in con nection therewith?"

WEDNESDAY, FEBRUARY 7, 1968

1023

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Games Gates Cato Chandler Cheeks Clarke Cole Collins, J. F.

Collins, M. Colwell Conner Cooper, J. R. Cox
Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Dollar Doster Douglas Edwards Egan Fallin Farmer Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grier

Gunter Hadaway Hale Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham Holder Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambros Land Lane, Dick

1024
Lane, W. J. Lee, W. J. (Bill) Leggett Leonard Levitas Lewis Lowrey Magoon Malone Matthews, C. Mauldin Maxwell McClatchey McCracken Melton Merritt Miller Mixon Moore, Don C. Moore, J. H. Moreland Mullinax Nessmith Newton Nimmer Oglesby

JOURNAL OF THE HOUSE,

Pafford Palmer Parker, C. A. Parker, H. W. Parrish Peterson Phillips Poss Potts Ragland Reaves Richardson Roach Ross Rowland Rush Russell Shanahan Sherman Shields Simmons Sims Smith, G. W. Smith, W. L. Snow Stalnaker

Starnes Steis Sullivan Sweat Thompson, A. W. Thompson, R.
Townsend Tucker Turner
Tye Underwood Vaughan, D. N.
Vaughn, C. R. Wamble Ward Ware Wells
Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Cook Cooper, B. Dorminy Farrar Grahl Graves Henderson Hill Lambert
Lee, W. S. Longino

Lovell Mason Matthews, D. R. McDaniell Moate Murphy Nash Northcutt Odom Otwell Paris

Pickard Rainey Savage Scarlett
Shuman Smith, J. R. Smith, V. T. Threadgill Walling Wiggins Mr. Speaker

On the adoption of the Resolution, the ayes were 172, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

The following message was received from the Senate through Mr. McWhorter the Secretary thereof:
Mr. Speaker:

WEDNESDAY, FEBRUARY 7, 1968

1025

The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:

SB 174. By Senator Kidd of the 25th:
A Bill to provide for the practice of psychodrama in the State of Geor gia; to provide for the creation of the State Board of Examiners of Certified Directors of Psychodrama; to provide the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes.

SB 252. By Senator Sinalley of the 28th:
A Bill to amend an Act providing a Sheriffs' Retirement Fund of Geor gia so as to clarify the membership of the administrative Board of said Fund; to repeal conflicting laws; and for other purposes.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Natural Resources and referred to the Committee on Local Af fairs :

HB 1200. By Messrs. DeLong and Sherman of the 105th, Fleming, Maxwell of the 106th, Cheeks and Dent of the 104th:
A Bill to be entitled an Act to provide that it shall be unlawful for any person to deposit or dump trash, garbage, refuse and waste on any public or private property other than an approved sanitary landfill in certain counties; and for other purposes.

Mr. Cato of the 89th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 915. By Messrs. Edwards of the 57th, Matthews of the 94th, Ross of the 31st, Buck of the 112th, Dorminy of the 72nd and many others:
A Bill to be entitled an Act to abolish Daylight Savings Time; and for other purposes.

On the motion to reconsider, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Anderson Ballard Barber Barfield Berry, C. E. Black Bostick Brantley, H. L.

Bray Buck Caldwell Cato Collins, M. Conner Crowe, William Crowe, W. J.

Dailey Daugherty Dodson Dollar Doster Douglas Edwards Funk

1026
Gay Gunter Hale Hall Harris, J. F. Harrison Hill Holder Howard Howell Hutchinson Jenkins Joiner Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Land Lane, Dick

JOURNAL OF THE HOUSE,

Lane, W. J. Leggett Leonard Lovell Lowrey
Magoon Merritt Mixon Moate Mcore, Don C. MuLinax
Murjhy Nessirith Newton
Nimmer Otwell Pafford Paris Parker, C. A. Parrish

Peterson Poss Reaves Roach Rowland Rush Russell Shields Simmons Snow Stalnaker Steis Thompson, R. Turner Underwood Vaughan, D. N. Wamble Ward Williams

Those voting in the negative were Messrs.:

Adams Battle Bennett Berry, J. K. Brantley, H. H. Brown, B. D. Brown, C. Carnes Gates Chandler Cheeks Clarke Cole Collins, J. F. Colwell Cook Cox Davis Dean DeLong Dent Dickinson Dillon Dixon Egan

Fleming Gary Gaynor Gignilliat Graves Grier Hadaway Hamilton Harrington Harris, R. W. Higginbotham Hood Johnson, A. S. Jones, C. M. Knapp Lambros Lee, W. J. (Bill) Lewis Malone Matthews, C. Mauldin Maxwell Melton Miller

Those not voting were Messrs.:

Alexander Blalock Bond Bowen

Branch Busbee Cooper, B. Cooper, J. R.

Moore, J. H. Oglesby Palmer Parker, H. W. Phillips Ragland Richardson Ross Scarlett Sherman Sims Smith, G. W. Smith, W. L. Starnes Sullivan Sweat Thompson, A. W. Townsend Tye Vaughn, C. R. Westlake Whaley Wilson, R. W. Winkles
Dorminy Fallin Farmer Farrar

WEDNESDAY, FEBRUARY 7, 1968

1027

Ployd Grahl Hargrett Harris, J. R. Henderson Johnson, B. Laite Lambert Lee, W. S. Levitas Longino Mason Matthews, D. R.

McClatchey McCracken McDaniell Moreland Nash Northcutt Odom Pickard
Potts Rainey Savage Shanahan Shuman

Smith, J. R. Smith, V. T. Threadgill Tucker Walling Ware Wells Wiggins Wilson, J. M. Wood Mr. Speaker

On the motion, the ayes were 83, nays 73.

The motion prevailed and HB 915 was reconsidered.

Mr. Harris of the 118th stated that he was called from the floor of the House when the roll was called on the motion to reconsider HB 915, but had he been present would have voted "aye".

Mr. Parker of the 55th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 869. By Messrs. Parker of the 55th, Brown of the 34th and Mullinax of the 42nd:
A Bill to be entitled an Act to amend an Act providing for grants to counties, so as to provide that the State Treasurer shall disburse grants on a quarterly basis; and for other purposes.

On the motion to reconsider, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Barber Bennett Berry, C. E. Black Blalock Brantley, H. L. Brown, C. Buck

Busbee Caldwell Cato Chandler Clarke Collins, J. F. Collins, M. Colwell

Conner Cooper, J. R. Crowe, William Dailey Dodson Dollar Doster Gary

1028
Gunter Hall Hamilton Hargrett Harrington Harris, J. F. Harrison Howell Hutchinson Jenkins Johnson, A. S. Joiner Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Lambert Lane, W. J. Lee, W. J. (Bill)

JOURNAL OF THE HOUSE,

Lewis Longino Lovell Magoon Mason Matthews, C. Mauldin Melton Merritt Miller Moate Moore, Don C. Mullinax Murphy Nash Nessmith Newton Otwell Pafford Palmer

Paris Parker, C. A. Parker, H. W. Parrish Poss Eeaves Roach Rowland Rush Smith, J. R. Snow Sullivan Underwood Vaughan, D. N. Vaughn, C. R. Walling Ward Ware Williams Wood

Those voting in the negative were Messrs.

Adams Anderson Ballard Barfield Battle Berry, J. K. Branch Brantley, H. H. Bray Brown, B. D. Carnes Cheeks Cole Cooper, B. Cox Crowe, W. J. Daugherty Davis Dean DeLong Dent Dickinson Dillon Douglas

Egan Fleming Gay Gaynor Gignilliat Graves Grier Hadaway Harris, J. R. Harris, R. W. Higginbotham Hill Holder Hood Howard Johnson, B. Lambros Land Lane, Dick Lowrey Malone Maxwell McCracken Mixon

Moore, J. H. Nimmer Phillips Richardson Ross Russell Sherman Shields Sims Smith, G. W. Smith, V. T. Smith, W. L. Starnes Sweat Thompson, A. W. Thompson, R. Townsend Tye Wamble Westlake Whaley Wilson, R. W. Winkles

Those not voting were Messrs.:

Alexander Bond Bostick Bowen Gates

Cook Dixon Dorminy Edwards Fallin

Farmer Farrar Floyd Funk Grahl

WEDNESDAY, FEBRUARY 7, 1968

1029

Hale Henderson Jones, C. M. Jones, M. Laite Lee, W. S. Leggett Leonard Levitas Matthews, D. R. McClatchey McDaniell

Moreland Northcutt Odom Oglesby Peterson Pickard Potts Ragland Rainey Savage Scarlett Shanahan

Shuman Simmons Stalnaker
Steis Threadgill Tucker
Turner
Wells Wiggins Wilson, J. M. Mr. Speaker

On the motion, the ayes were 84, nays 71.

The motion prevailed, and HB 869 was reconsidered.

The Speaker announced the House recessed until 1:30 o'clock, P.M.

AFTERNOON SESSION

The Speaker called the House to order.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:

The Senate insists on its substitute and has appointed a Committee of Con ference on the following Bill of the House, to-wit:

HB 281. By Messrs. Starnes of the 13th and Bennett of the 95th:
A Bill to amend Code Chapter 26-11 relating to the crimes of abortion, foeticide and infanticide, so as to provide for the additional exceptions where such acts are undertaken or accomplished by physicians; and for other purposes.

The president appointed on the part of the Senate the following:

Senators Smalley of the 28th, Johnson of the 42nd and Hall of the 52nd.

The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate, to-wit:

1030

JOURNAL OF THE HOUSE,

SR 202. By Senators Coggin of the 35th and Rowan of the 8th:
A Resolution amending HR 418, relative to adjournment; and for other purposes.

Under the general order of business established by the Committee on Rules, the following Bill of the House was again taken up for consideration:

HB 1226. By Mr. Caldwell of the 51st:
A Bill to be entitled an Act to amend Code Section 47-101, so as to rede fine certain representative districts and to reapportion Representatives among certain of the districts; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend Code Section 47-101, relating to the apportionment of the membership of the House of Representatives, as amended, particularly by an Act approved March 29, 1967 (Ga. Laws 1967, p. 187), so as to provide for the apportionment of the members of the House of Representatives; to provide for Representative Districts; to provide that the House of Representatives shall consist of 195 mem bers; to provide for the designation of posts; to provide that members of the House of Representatives shall be elected by the voters of the Representative Districts which they represent; to provide for residence; to provide for the first election under such apportionment; to provide when the first members elected shall take office; to provide for the continuation of the present apportionment of the House of Represen tatives until a certain time; to provide for other matters relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Code Section 47-101, relating to the apportionment of the membership of the House of Representatives, as amended, particularly by an Act approved March 29, 1967 (Ga. Laws 1967, p. 187), is hereby amended by striking the language of said section in its entirety and in serting in lieu thereof new language to read as follows:
"There shall be 195 members of the House of Representatives and such membership shall be apportioned among the Representa tive Districts provided for hereinafter. Each such District shall be composed either of a portion of a county, or a county, or counties, or any combination thereof, as provided for hereinafter, and shall be represented by the number of Representatives provided for herein after.

WEDNESDAY, FEBRUARY 7, 1968

1031

"District No. 1: Dade & Walker--3 Representatives.

"District No. 2: Catoosa--1 Representative.

"District No. 3: Whitfield & Murray--3 Representatives.

"District No. 4: Fannin & Gilmer--1 Representative.

"District No. 5: Lumpkin, Rabun, Towns & Union--1 Repre sentative.

"District No. 6: Habersham, Stephens & White--2 Represen tatives.

"District No. 7: Chattooga--1 Representative.

"District No. 8: Gordon--1 Representative.

"District No. 9: Floyd--3 Representatives.

"District No. 10: Pickens, Bartow & Cherokee--3 Represen tatives.

"District No. 11: Dawson, Hall & Forsyth--3 Representatives.

"District No. 12: Banks, Franklin & Hart--2 Representatives.

"District No. 13: Gwinnett--2 Representatives.

"District No. 14: Barrow & Oconee--1 Representative.

"District No. 15: Jackson--1 Representative.

"District No. 16: Clarke--2 Representatives.

"District No. 17: Madison & Oglethorpe--1 Representative. "District No. 18: Elbert--1 Representative.

"District No. 19: Polk & Haralson--2 Representatives.

"District No. 20: Carroll--2 Representatives.

"District No. 21: Clayton--3 Representatives.

"District No. 22: Henry--1 Representative.

"District No. 23: Newton--1 Representative.

1032

JOURNAL OF THE HOUSE,

"District No. 24: Walton--1 Representative.

"District No. 25: Morgan & Greene--1 Representative.

"District No. 26: Wilkes, Lincoln & Taliaferro--1 Represen tative.

"District No. 27: Jasper, Jones & Twiggs--1 Representative.

"District No. 28: Putnam & Hancock--1 Representative.

"District No. 29: Warren, McDuffie, Glascock & Columbia-- 2 Representatives.

"District No. 30: Troup, Coweta & Heard--4 Representatives. "District No. 31: Meriwether--1 Representative. "District No. 32: Fayette & Spalding--2 Representatives. "District No. 33: Butts & Monroe--1 Representative. "District No. 34: Baldwin & Wilkinson--2 Representatives. "District No. 35: Washington--1 Representative. "District No. 36: Jefferson--1 Representative. "District No. 37: Burke--1 Representative. "District No. 38: Harris & Talbot--1 Representative. "District No. 39: Upson, Pike & Lamar--2 Representatives. "District No. 40: Crawford & Peach--1 Representative. "District No. 41: Houston--2 Representatives. "District No. 42: Laurens & Johnson--2 Representatives. "District No. 43: Emanuel--1 Representative. "District No. 44: Bulloch, Jenkins, Screven & Effingham--3 Representatives. "District No. 45: Taylor, Marion, Webster, Chattahoochee & Stewart--2 Representatives. "District No. 46: Sumter, Schley & Macon--2 Representatives.

WEDNESDAY, FEBRUARY 7, 1968

1033

"District No. 47: Dooly, Crisp & Worth--2 Representatives.

"District No. 48: Wilcox, Turner, Ben Hill & Irwin--2 Repre sentatives.

"District No. 49: Bleckley, Pulaski, Dodge & Telfair--2 Rep resentatives.

"District No. 50: Treutlen, Wheeler & Montgomery--1 Repre sentative.

"District No. 51: Tattnall, Long & Toombs--2 Representatives.

"District No. 52: Candler, Evans & Bryan--1 Representative.

"District No. 53: Calhoun & Randolph--1 Representative.

"District No. 54: Terrell & Lee--1 Representative.

"District No. 55: Coffee--1 Representative.

"District No. 56: Jeff Davis & Appling--1 Representative.

"District No. 57: Bacon & Pierce--1 Representative.

"District No. 58: Wayne--1 Representative.

"District No. 59: Liberty & Mclntosh--1 Representative.

"District No. 60: Quitman, Early & Clay--1 Representative.

"District No. 61: Dougherty & Baker--4 Representatives.

"District No. 62: Mitchell--1 Representative.
"District No. 63: Colquitt, Cook & Tift--3 Representatives.
"District No. 64: Lanier, Berrien & Atkinson--1 Represen tative.
"District No. 65: Clinch & Ware--2 Representatives.
"District No. 66: Brantley, Charlton & Camden--1 Represen tative.

"District No. 67: Glynn--2 Representatives.

"District No. 68: Miller, Seminole & Decatur--2 Representa tives.

1034

JOURNAL OP THE HOUSE,

"District No. 69: Grady--1 Representative.

"District No. 70: Thomas--2 Representatives.

"District No. 71: Brooks, Lowndes & Echols--3 Representa tives.

"District No. 72: All that portion of DeKalb County contained in the following election precincts as such election precincts existed on February 1, 1968: Brookhaven, Chamblee, Doraville, Huntley Hills, Jim Cherry, Montgomery, Oakcliff, Shallowford, South Cham blee, Woodward--2 Representatives.

"District No. 73: All that portion of DeKalb County contained in the following election precincts as such election precincts existed on February 1, 1968; Briarlake, Coralwood, Hawthorne, Henderson, Heritage, Rehoboth, Skyland, Warren--2 Representatives.

"District No. 74: Rockdale County and all that portion of De Kalb County contained in the following election precincts as such election precincts existed on February 1, 1968: Clarkston, Diamond, Evans 'A', Lethonia, Phillips, Pine Lake, Redan, Stone Mountain, Tucker--2 Representatives.

"District No. 75: All that portion of DeKalb County contained in the following election precincts as such election precincts existed on February 1, 1968: Cedar Grove, Columbia, East Atlanta, Evans 'B', Gresham Park, Hooper Alexander, Kelly Lake, Knollwood, Leslie J. Steele, McWilliams, Midway, Peachcrest, Parkview, Skyhaven, Southwest DeKalb, Terry Mill, Toney, Wadsworth--4 Representa
tives.

"District No. 76: All that portion of DeKalb County contained in the following election precincts as such election precincts existed on February 1, 1968: Avondale, College Heights 'A', Edgewood 'B', North Kirkwood, South Kirkwood--1 Representative.

"District No. 77: All that portion of DeKalb County contained in the following election precincts as such election precincts existed on February 1, 1968: Avondale, College Heights 'A', Edgewood 'B', Edgewood 'C', Emory, Fernbank, Glenwood Decatur, Johnson Es tates, Johnson Estates 'B', Kittredge, Luarel Ridge, Mason Hill, Medlock, Oakhurst, Ponce de Leon, Sagamore, Scottdale, W. D. Thomson, Winnona--4 Representatives.

"District No. 78: Richmond.--3 Representatives.

"District No. 79: All that portion of Richmond County lying and being within the corporate limits of the City of Augusta as said city limits existed on December 31, 1964.--2 Representatives.

"District No. 80: All that portion of Richmond County lying and being outside the corporate limits of the City of Augusta, Geor-

WEDNESDAY, FEBRUARY 7, 1968

1035

gia, as said corporate limits of the City of Augusta existed on Dec ember 31, 1964.--2 Representatives.

"District No. 81: Bibb.--5 Representatives.

"District No. 82: All that portion of Bibb County lying east and north of a line commencing at a point on the centerline of Houston Road (U.S. Highway 41) at the Bibb-Peach-Houston county line; then extending northeasterly along the centerline of Houston Road, then of Houston Avenue and then of Broadway to the inter section of the centerlines of Broadway and Edgewood Avenue; then extending northwesterly along the centerline of Edgewood Avenue to the centerline of Linden Avenue; then extending northeasterly along the centerline of Linden Avenue and along an extension there of northeasterly across the Central of Georgia Railroad right-ofway to the centerline of Frank's Alley; then extending northeasterly along the centerline of Frank's Alley and then along an extension thereof northeasterly across Hardeman Avenue to the centerline of Northwest Boundary Street; then extending northeasterly along the centerline of Northwest Boundary Street and along an extension thereof northeasterly across Riverside Drive and Riverside Cemetery to the center of the Ocmulgee River; then extending along the center of said Ocmulgee River in a generally northerly direction to a point on an extension northeasterly of the centerline of North Forest Avenue; then extending southwesterly along said extension of said North Forest Avenue and then along the centerline of North Forest Avenue to the centerline of Riverside Drive; then extending north westerly along the centerline of Riverside Drive to the centerline of Ingleside Avenue; then extending southwesterly and then westerly along the centerline of Ingleside Avenue to the centerline of Ridge Avenue; then extending northwesterly along the centerline of Ridge Avenue to the centerline of Tyrone Boulevard; then extending south westerly along the centerline of Tyrone Boulevard to the centerline of Vineville Avenue; then extending northwesterly along the centerline of Vineville Avenue and the along the centerline of Forsyth Road to the Bibb-Monroe county line.--1 Representative.

"District No. 83: All that portion of Bibb County lying west and south of a line commencing at a point on the centerline of Houston Road (U. S. Highway 41) at the Bibb-Peach-Houston county line; then extending northeasterly along the centerline of Houston Road, then of Houston Avenue and then of Broadway to the inter section of the centerlines of Broadway and Edgewood Avenue; then extending northwesterly along the centerline of Edgewood Avenue to the centerline of Linden Avenue; then extending northeasterly along the centerline of Linden Avenue and along an extension there of northeasterly across the Central of Georgia Railroad right-of-way to the centerline of Frank's Alley; then extending northeasterly along the centerline of Frank's Alley and then along an extension thereof northeasterly across Hardeman Avenue to the centerline of Northwest Boundary Street; then extending northeasterly along the centerline of Northwest Boundary Street and along an extension thereof northeasterly across Riverside Drive and Riverside Cemetery to the center of the Ocmulgee River; then extending along the center of said Ocmulgee River in a generally northerly direction to a point

1036

JOURNAL OF THE HOUSE,

on an extension northeasterly of the centerline of North Forest Avenue; then extending southwesterly along said extension of said North Forest Avenue and then along the centerline of North Forest Avenue to the centerline of Riverside Drive; then extending north westerly along the centerline of Riverside Drive to the centerline of Ingleside Avenue; then extending southwesterly and then westerly along the centerline of Ingleside Avenue to the centerline of Ridge Avenue; then extending northwesterly along the centerline of Ridge Avenue to the centerline of Tyrone Boulevard; then extending south westerly along the centerline of Tyrone Boulevard to the centerline of Vineville Avenue; then extending northwesterly along the centerline of Vineville Avenue and then along the centerline of Forsyth Road to the Bibb-Monroe county line.--1 Representative.

"District No. 84: Muscogee.--3 Representatives.

"District No. 85: All that portion of Muscogee County lying south of the centerline of 17th Street and Macon Road.--2 Repre sentatives.

"District No. 86: All that portion of Muscogee County lying north of the centerline of 17th Street and Macon Road.--2 Repre sentatives.

"District No. 87: That portion of Chatham County within the following boundaries:

Begin at a point at the intersection of the centerline of Inter state Highway 1-16 with the line dividing Chatham County from Effingham County and run thence southwestwardly along the Chatham-Effingham line to its point of intersection with the line dividing Chatham County from Bryan County; thence in a counter clockwise direction along the meanderings of the Chatham-Bryan line and the southern and eastern boundary lines of Chatham County to its point of intersection with Green Island Sound; thence northwardly along the centerline of the channels of Green Island Sound and the Vernon River to its intersection with the westerly projection of the centerline of Bethesda Road; thence eastwardly along the western projection of the centerline of Bethesda Road to its intersection with the centerline of Whitfield Avenue; thence eastwardly along the centerline of Bethesda Road to its intersection with the centerline of Ferguson Avenue; thence eastwardly along the eastern projection of the centerline of Bethesda Road to the centerline of Shipyard Creek; thence northwardly along the meanderings of Shipyard Creek to the centerline of Skidaway Road; thence northwestwardly along the centerline of Skidaway Road to the centerline of Intermediate Road; thence westwardly along the centerline of Intermediate Road to the centerline of Waters Road; thence northwardly along the centerline of Waters Road to the centerline of Stephenson Avenue; thence westwardly along the centerline of Stephenson Avenue to the western line of White Bluff Road at the city limits line of the City of Savannah; thence in a clockwise direction along the meanderings of the city limits line of the City of Savannah to the centerline of Interstate Highway 1-16 at its intersection with Endley Street and Seaboard Coastline Railroad; thence westwardly along the centerline

WEDNESDAY, FEBRUARY 7, 1968

1037

of 1-16 to the point of beginning; all references herein to the city limits lines of the City of Savannah being as they existed on Janu ary 1, 1968.--1 Representative.

"District No. 88. That portion of Chatham County lying within the corporate limits of the City of Savannah and within the following boundaries:

Begin at the point of intersection of the northern projec tion of the centerline of West Broad Street and the northern city limits line of the City of Savannah and run thence southwardly along the centerline of West Broad Street to the centerline of Victory Drive; thence eastwardly along the centerline of Victory Drive to the centerline of Price Street; thence northwardly along the centerline of Price Street to the centerline of Hartridge Street; thence eastwardly along the centerline of Hartridge Street and the eastern projection thereof to the centerline of the Bilbo Canal; thence northwardly along the centerline of the meanderings of the Bilbo Canal to the south bank of the Savannah River; thence along the line of the city limits of the City of Savannah in a counterclockwise direction across the Savannah River and on Hutchinson Island and/or Fig Island to the point of beginning; all references herein to the city limits lines of the City of Savannah being as they existed on January 1, 1968.--1 Representative.

"District No. 89: That portion of Chatham County lying with in the corporate limits of the City of Savannah within the following boundaries:

Begin at the point of intersection of the centerline of Victory Drive and the centerline of Waters Avenue and run westwardly along the centerline of Victory Drive to the centerline of Hopkins Street; thence southwardly along the centerline of Hopkins Street to the centerline of 52nd Street; thence eastwardly along the centerline of 52nd Street to the city limits line of the City of Savannah; thence counterclockwise southwestwardly, eastwardly, northwardly and again eastwardly along the city limits line of the City of Savan nah to the western line of White Bluff Road; thence northwardly along the western line of White Bluff Road to the centerline of Janet Drive; thence eastwardly along the centerlines of Janet Drive and its eastern projection and of the drainage canal separating Oakdale and Habersham Woods Subdivisions from Groveland and Kensington Park Subdivisions to the centerline of Waters Road; thence northwardly along the centerline of Waters Road to the point of beginning; all references herein to the city limits lines of the City of Savannah being as they existed on January 1, 1968. --1 Representative.
"District No. 90: That portion of Chatham County lying with in the corporate limits of the City of Savannah within the following boundaries:
Begin at the point of intersection of the centerline of Gwinnett Street and the centerline of Pennsylvania Avenue and run East wardly along the centerline of Gwinnett Street to the city limits line

1038

JOURNAL OF THE HOUSE,

of the City of Savannah as it existed on January 1, 1968; thence Southwardly in a clockwise direction along the city limits to the centerline of Victory Drive; thence Westwardly along the centerline of Victory Drive to the centerline of Skidaway Road; thence South wardly along the centerline of Skidaway Road to the centerline of DeRenne Avenue; thence Westwardly along the centerline of DeRenne Avenue to the centerline of the Casey Canal; thence South wardly along the meanderings of the Casey Canal to the centerline of Bacon Park Drive; thence Eastwardly along the centerline of Bacon Park Drive to the centerline of Lovett Drive; thence South wardly along the centerline of Lovett Drive and its southern projec tion to the centerline of Thomas Avenue; thence Southwardly along the centerline of Thomas Avenue to the centerline of Intermediate Road; thence Westwardly along the centerline of Intermediate Road to the centerline of Waters Road; thence Northwardly along the centerline of Waters Road to the centerline of Stephenson Avenue; thence Westwardly along the centerline of Stephenson Avenue to the centerline of White Bluff Road; thence Northwardly along the centerline of White Bluff Road to the centerline of Janet Drive; thence Eastwardly along the centerline of Janet Drive and its East ern extension and of the drainage canal separating Oakdale and Habersham Woods Subdivisions from Groveland and Kensington Park Subdivisions to the centerline of Waters Road; thence North wardly along the centerline of Waters Road to the centerline of 32nd Street; thence Eastwardly along the centerline of 32nd Street to the centerline of Bee Road; thence Northwardly along the centerline of Bee Road to the centerline of Duffy Street; thence Eastwardly along the centerline of Duffy Street to the centerline of Skidaway Road; thence Southeastwardly along the centerline of Skidaway Road to the centerline of Pennsylvania Avenue; thence Northwardly along the centerline of Pennsylvania Avenue to the point of begin ning; all references herein to the city limits lines of the City of Savannah being as they existed on January 1, 1968.--1 Representa tive.

"District No. 91: That portion of Chatham County lying with in the corporate limits of the City of Savannah and within the fol lowing boundaries:

Begin at the point of intersection of the centerline of Price Street and the centerline of Hartridge Street and run eastwardly along the centerline of Hartridge Street and the eastern projection thereof to the centerline of the Bilbo Canal; thence northwardly along the meanderings of the Bilbo Canal to the centerline of Presi
dent Street Extension; thence eastwardly along the centerline of President Street Extension to the centerline of Nevada Avenue;
thence southwardly along the centerline of Nevada Avenue to the centerline of Liberty Street; thence eastwardly along the centerline of Liberty Street to the centerline of Jones Street; thence south wardly along the centerline of Jones Street to the centerline of Hayward Court; thence eastwardly along the centerline of Hayward Court and the eastern projection thereof to the city limits line of the City of Savannah; thence southwardly along the city limits line of the City of Savannah to the centerline of Gwinnett Street; thence westwardly along the centerline of Gwinnett Street to the eenterline of Pennsylvania Avenue; thence southwardly along the

WEDNESDAY, FEBRUARY 7, 1968

1039

centerline of Pennsylvania Avenue to the centerline of Skidaway Road; thence northwestwardly along the centerline of Skidaway Road to the centerline of Duffy Street; thence westwardly along the centerline of Duffy Street to the centerline of Bee Road; thence southwardly along the centerline of Bee Road to the centerline of 32nd Street; thence westwardly along the centerline of 32nd Street to the centerline of Waters Avenue; thence southwardly along the centerline of Waters Avenue to the centerline of Victory Drive; thence westwardly along the centerline of Victory Drive to the cen terline of Price Street; thence northwardly along the centerline of Price Street to the point of beginning; all references herein to the city liimts lines of the City of Savannah being as they existed on January 1, 1968.--1 Representative.

"District No. 92: That portion of Chatham County lying with in the following boundaries:
Begin at a point at the northern projection of the centerline of West Broad Street with the northern city limits line of the City of Savannah and run thence northwardly along the northern projection of the centerline of West Broad Street to the line of the Savannah River dividing Georgia from South Carolina; thence eastwardly along the meanderings of the Georgia-South Carolina line and the northern and eastern boundary lines of Chatham County to its point of inter section with Green Island Sound; thence northwardly along the centerline of the channels of Green Island Sound and the Vernon River to its intersection with the westerly projection of the centerline of Bethesda Road; thence eastwardly along the western projec tion of the centerline of Bethesda Road to its intersection with the centerline of Whitfield Avenue; thence eastwardly along the centerline of Bethesda Road to its intersection with the centerline of Ferguson Avenue; thence eastwardly along the eastern projection of the centerline of Bethesda Road to the centerline of Shipyard Creek; thence northwardly along the meanderings of shipyard Creek to the centerline of Skidaway Road; thence northwardly along the centerline of Skidaway Road to the centerline of Intermediate Road; thence westwardly along the centerline of Intermediate Road to the centerline of Thomas Avenue; thence northwardly along the centerline of Thomas Avenue to the southern projection of the centerline of Lovett Drive; thence northwardly along the southern projection of the centerline of Lovett Drive and the centerline of Lovett Drive to the centerline of Bacon Park Drive; thence westwardly along the centerline of Bacon Park Drive to the centerline of the Casey Canal; thence northwardly along the meanderings of the Casey Canal to the centerline of DeRenne Avenue; thence eastwardly along the centerline of DeRenne Avenue to the centerline of Skidaway Road; thence northwardly along the centerline of Skidaway Road to the centerline of Victory Drive; thence eastwardly along the cen terline of Victory Drive to the city limits line of the City of Savan nah; thence northwardly in a counterclockwise direction along the city limits line to the centerline of the eastern projection of Hayward Court; thence westwardly along the eastern projection of the centerline of Hayward Court and the centerline of Hayward Court to the centerline of Jones Street; thence northwardly along the centerline of Jones Street to the centerline of Liberty Street; thence

1040

JOURNAL OF THE HOUSE,

westwardly along the centerline of Liberty Street to the centerline of Nevada Street; thence northwardly along the centerline of Nevada Street to the centerline of President Street Extension; thence westwardly along the centerline of President Street Exten sion to the centerline of Bilbo Canal; thence northwardly along the centerline of the meanderings of the Bilbo Canal to the south bank of the Savannah River; thence along the line of the city limits of the City of Savannah in a counterclockwise direction across the Savannah River and on Hutchinson Island and/or Fig Island to the point of beginning; all references herein to the city limits lines of the City of Savannah being as they existed on January 1, 1968.-- 1 Representative.

"District No. 93: That portion of Chatham County lying with in the following boundaries:

Begin at the intersection of the northern projection of the centerline of West Broad Street with the northern city limits line of the City of Savannah and run thence northwardly along the northern projection of the centerline of West Broad Street to the line of the Savannah River dividing Georgia from South Carolina; thence west wardly and northwardly along the meanderings of the GeorgiaSouth Carolina line to its point of intersection with the line dividing Chatham County from Effingham County; thence southwardly along the Chatham-Effingham line to the centerline of Interstate High way 1-16; thence eastwardly along the centerline of 1-16 to the centerline of the Seaboard Coastline Railroad mainline; thence northwestwardly along the centerline of the Seaboard Coastline Railroad mainline to the centerline of the Savannah and Ogeechee Canal; thence eastwardly along the meanderings of the S & 0 Canal to the centerline of Toledo Street; thence northwardly along the centerline of Toledo Street and its northern projection to the centerline of Coner Street; thence eastwardly along the centerline of Coner Street to the centerline of Mclntyre Street; thence northwardly along the centerline of Mclntyre Street to the centerline of Augusta Avenue; thence eastwardly along the centerline of Augusta Avenue to the centerline of Millen Street; thence northwardly along the centerline of Millen Street to the centerline of Bay Street; thence eastwardly along the centerline of Bay Street past East Lathrop Avenue to the city limits line of the City of Savannah, thence along the city limits line of the City of Savannah in a northerly and clockwise direction across the Savannah River and on Hutchinson Island to the point of beginning; all references herein to the city limits lines of the City of Savannah being as they existed on January 1, 1968.--1 Representative.

"District No. 94: That portion of Chatham County lying with in the following boundaries:

Begin at the point of intersection of the northern projection of the centerline of West Broad Street and the northern city limits line of the City of Savannah and run thence southwardly along the centerline of West Broad Street to the centerline of Victory Drive; thence westwardly along the centerline of Victory Drive to the western city limits line of the City of Savannah; thence in a clock-

WEDNESDAY, FEBRUARY 7, 1968

1041

wise direction along the meanderings of the city limits line of the City of Savannah to the centerline of Interstate Highway 1-16 at its intersection with Endley Street and Seaboard Coastline Rail road; thence westwardly along the centerline of 1-16 to the centerline of the Seaboard Coastline Railroad mainline; thence north westwardly along the centerline of the Seaboard Coastline Rail road mainline to the centerline of the Savannah and Ogeechee Canal; thence eastwardly along the meanderings of the S & O Canal to the centerline of Toledo Street; thence northwardly along the cen terline of Toledo Street and its northern projection to the centerline of Coner Street; thence eastwardly along the centerline of Coner Street to the centerline of Mclntyre Street; thence northwardly along the centerline of Mclntyre Street to the centerline of Augusta Avenue; thence eastwardly along the centerline of Augusta Avenue to the centerline of Millen Street; thence northwardly along the centerline of Millen Street to the centerline of Bay Street; thence eastwardly along the centerline of Bay Street past East Lathrop Avenue to the city limits line of the City of Savannah; thence along the city limits line of the City of Savannah in a northerly and clock wise direction across the Savannah River and on Hutchinson Island to the point of beginning; all references herein to the city limits lines of the City of Savannah being as they existed on January 1, 1968.--1 Representative.

"District No. 95: Fulton--5 Representatives.

"District No. 96: That portion of Fulton County more par ticularly described as follows:
Beginning at the intersection of Stone Road and the Atlanta City Limits; running thence north and northwest along Stone Road to the intersection of Fairburn Road; running thence north and northeast along Fairburn Road to the intersection of the Atlanta City Limits; running thence north, east and west along Atlanta City Limits to the intersection of North Utoy Creek; running thence generally easterly along North Utoy Creek to the intersection of the southern projection of Beecher Court; running thence north along the southern projection of Beecher Court and Beecher Court to the intersection of Beecher Street; running thence east along Beecher Street to the intersection of Donnally Avenue; running thence southeast along Donnally Avenue to the intersection of Lawton Street and Hall Street; running thence northeast along Lawton Street to the intersection of Beecher Street; running thence east along Beecher Street to the intersection of Lee Street; running thence south along Lee Street to the intersection of the Central of Georgia Railroad; running thence south and southwest along the Central of Georgia Railroad to the East Point City Limits on the west of said Central of Georgia Railroad; running thence west, north and south along the East Point and Atlanta City Limits to Stone Road and the point of beginning.--1 Representative.
"District No. 97: That portion of Fulton County more par ticularly described as follows:
Beginning at the intersection of the Northern East Point City Limits and the Central of Georgia Railroad; running thence west,

1042

JOUENAL OF THE HOUSE,

north and south along the East Point City Limits to the intersection of Stone Road; running thence north and northwesterly to the inter section of Fairburn Road; running thence north and northeasterly along Fairburn Road to the intersection of Atlanta City Limits line; running thence north, east and west along the Atlanta City Limits to the intersection of North Utoy Creek; running thence westerly along North Utoy Creek to the intersection of Brownlee Road; run ning thence northwest along Brownlee Road to the intersection of the A. C. L. Railroad; running thence southwest along the A. C. L. Railroad to Fairburn Road; thence south along Fairburn Road to N. Utoy Creek; running thence northwesterly and westerly along Utoy Creek to the intersection of the Chattahoochee River; running thence generally southwest along the Chattahoochee River to the intersection of Camp Creek; running thence northeasterly and southeasterly along Camp Creek to the line dividing the 9th Dis trict of formerly Coweta, now Fulton County, from the 14th District of formerly Fayette, now Fulton County, Georgia; running thence southeasterly along the line dividing the 9th District of formerly Coweta, now Fulton County, from the 14th District of Fulton County, and extension thereof, to the southwest corner of Land Lot 140 of the 9th District of formerly Fayette, now Fulton County; running thence east along the south Land Lot line of Land Lots 140, 139, 138, 137, 136, 135, 134 and 133 of the 9th District of formerly Fayette, now Fulton County, Georgia, to a line running in a north east direction form the southwest corner of Land Lot 124 of the 9th District of formerly Fayette, now Fulton County, Georgia, to the southwest corner of Land Lot 38 of the 14th District of Fulton County, Georgia; running thence east along the south District line of the 14th District of Fulton County, Georgia, to the intersection of the East Point City Limits at the southeast corner of Land Lot 1 of the 14th District of Fulton County, Georgia; running thence south, east, north and northeast along the East Point City Limits to the intersection of the A. & W. P. Railroad; running thence north easterly along the A. & W. P. Railroad and Central of Georgia Railroad to the intersection of the East Point City Limits and point of beginning.--1 Representative.

"District No. 98: That portion of Fulton County more par ticularly described as follows:
Beginning at the intersection of the southerly East Point City Limits and the A. & W. P. Railroad; running thence west, south, southwest and north along the East Point City Limits to the inter section with the South District line of the 14th District of Fulton County, Georgia, at the southeast corner of Land Lot 1 of the 14th District of Fulton County, Georgia; running thence west along the south District line of the 14th District of Fulton County, Georgia, to the intersection of the southwest corner of Land Lot 38 of the 14th District of Fulton County, Georgia; running thence southwest along a line running from the southwest corner of Land Lot 38 of the 14th District of Fulton County, Georgia, to the southwest corner of Land Lot 124 of the 9th District of formerly Fayette, now Fulton County, Georgia, to the intersection of the south Land Lot line of Land Lot 133 of the 9th District of formerly Fayette, now Fulton County, running thence west along the south Land Lot lines of Land Lots 133, 134, 135, 136, 137, 138, 139 and 140 of the 9th

WEDNESDAY, FEBRUARY 7, 1968

1043

District of formerly Fayette, now Fulton County, Georgia, to the intersection of the southwest corner of Land Lot 140 of the 9th District of formerly Fayette, now Fulton County, Georgia; running thence northwest along the District line dividing the 9th District of formerly Fayette and the 7th District of formerly Coweta, and continuing in a northwesterly and northeasterly direction along the District line dividing the 14th District of formerly Fayette and the 9th District of formerly Coweta County, to the intersection of Camp Creek; running thence northwesterly and southwesterly along Camp Creek to the intersection of the Chattahoochee River; run ning thence southwest along the Chattahoochee River and following the meanderings thereof to the intersection of the most southwest erly point of Fulton County; running thence east, southeast and northeast along the Fulton County line to the ilntersection of the southern College Park City Limits line; running thence north, east and south along the College Park City Limits line to the intersection of said City Limits line with the A. & W. P. Railroad in Land Lot 6 of the 13th District of formerly Clayton, now Fulton County, Geor gia; running thence northeasterly along the A. & W. P. Railroad to the intersection of the southern East Point City Limits and the point of beginning.--1 Representative.
"District No. 99: That portion of Fulton County more particu larly described as follows:
Beginning at the intersection of the Georgia Railroad and Oak land Avenue; running thence southwest, north and northwesterly along the Georgia Railroad and the W. & A. Railroad to the inter section of the projection of Simpson Street; running thence west along Simpson Street and projection to the intersection of Elliott Street; running thence southeast and south along Elliott Street with offsets westerly at Block Place and easterly at Mitchell Street to the intersection of Nelson Street; running thence south and south westerly along Nelson Street to the intersection of Walker Street; running thence southwesterly along Walker Street to the inter section of Fair Street; running thence southeasterly along Fair Street to the intersection of the Central of Georgia Railroad; run ning thence southwesterly along the Central of Georgia Railroad to the intersection of Park Street and Whitehall Street; running thence north and northeasterly along Whitehall Street to the inter section of McDaniel Street; running thence southeasterly and south erly along McDaniel Street and the southern projection of McDaniel Street to the intersection of the A. & W. P. Railroad; running thence south, east, and northeasterly along the A. & W. P. Railroad to the intersection of Capitol Avenue; running thence north along Capitol Avenue to the intersection of Fulton Street; running thence east along Fulton Street with offset at Martin Street to the inter section of Connally Street; running thence north along Connally Street to the intersection of Glenwood Avenue; running thence east along Glenwood Avenue to the intersection of Kelly Street; running thence north along Kelly Street to the intersection of Memorial Drive; running thence east along Memorial Drive to the intersection of Oakland Avenue; running thence north along Oakland Avenue to the Georgia Railroad and the point of beginning.--1 Representative.
"District No. 100: That portion of Fulton County more par ticularly described as follows:

1044

JOURNAL OF THE HOUSE,

Beginning at the intersection of McDaniel Street and Whitehall Street; running thence south and southwesterly along Whitehall Street to the intersection of the Central of Georgia Railroad; running thence south and southwesterly along the Central of Georgia Railroad and the A. & W .P. Railroad to the intersection of the Atlanta City Limits; continuing thence along the City Limits of Atlanta and following the meanderings thereof in an easterly, southerly, westerly and northerly direction to the intersection of said City Limits line with the South Expressway at or near Mount Zion Avenue; running thence northerly, northwesterly and north easterly along the South Expressway to the intersection of the A. & W. P. Railroad; running thence westerly along the A. & W. P. Rail road to the intersection of the southern projection of McDaniel Street; running thence north and northwesterly along the southern projection of McDaniel Street and McDaniel Street to the inter section of Whitehall Street and the point of beginning.--1 Repre sentative.

District No. 101: That portion of Fulton County more particu larly described as follows:

Beginning at the intersection of the Northern East Point City Limits with the intersection of the Central of Georgia Railroad; running thence south and southwesterly along the Central of Geor gia Railroad and the A. & W. P. Railroad to the intersection of the Fulton-Clayton County line; running thence south, east, north and generally east along the Fulton-Clayton County line to the inter section of the easternmost Hapeville City Limit line; running thence north, east, north and west along the Hapeville City Limit line and the projection thereof to the intersection of the East Point City Limit line; running thence north and west along the East Point City Limit line to the Central of Georgia Railroad and the point of beginning; EXCLUDING from the above described tract, however, any land lying within the corporate limits of the City of Atlanta.-- 1 Representative.

"District No. 102: That portion of Fulton County more par ticularly described as follows:

Beginning at the intersection of Oakland Avenue and the Georgia Railroad; running thence south along Oakland Avenue to the inter section of Memorial Drive; running thence west along Memorial
Drive to the intersection of Kelly Street; running thence south along Kelly Street to the intersection of Glenwood Avenue; running thence west along Glenwood Avenue to the intersection of Connally Street; running thence south along Connally Street to the intersection of Fulton Street; running thence west along Fulton Street with offset north at Martin Street to the intersection of Capitol Avenue; run
ning thence south along Capitol Avenue to the intersection of the A. & W. P. Railroad; running thence north and northeasterly along the A. & W. P. Railroad to the intersection of Memorial Drive; run
ning thence west along Memorial Drive to the intersection of Pearl Street; running thence north along Pearl Street and the projection of Pearl Street to the intersection of the Georgia Railroad; thence

WEDNESDAY, FEBRUARY 7, 1968

1045

southeasterly along the Georgia Railroad to the intersection of Oak land Avenue and the point of beginning.--1 Representative.

District No. 103: That portion of Fulton County more par ticularly described as follows:

Beginning at the southeast corner of Fulton County, Georgia, where it intersects with the southwest corner of DeKalb County, Georgia; running thence in a northerly direction along the eastern boundary of Fulton County to its intersection with Constitution Road; running thence west along Constitution Road to the inter section of Jonesboro Road; running thence northwesterly along Jonesboro Road to the intersection of Harper Road; running thence west along Harper Road to Burroughs Road; running thence south along Burroughs Road to the intersection of McWilliams Road; running thence west and southwesterly along McWilliams Road and Brown's Mill Road to the intersection of South River; running thence north and northwesterly along South River to its intersection with the west land lot line of Land Lot 59 of the 14th District of Fulton County; running thence north along the west land lot lines of Land Lots 59 and 58 to the intersection of Claire Drive and Capitol Avenue; running thence north along Capitol Avenue to the inter section of the A. & W. P. Railroad; running thence south and south westerly along the A. & W. P. Railroad to the South Expressway; running thence southerly along the South Expressway to the south ern Hapeville City Limits; running thence southwest, northwest and south along the Hapeville City Limits to the South Fulton County line; running thence east along the south Fulton County line to the southeast corner of Fulton County and the point of beginning.-- 1 Representative.

"District No. 104: That portion of Fulton County more par ticularly described as follows:

Beginning at the intersection of the Georgia Railroad with the east boundary line of Fulton County; running thence south and southwesterly along the Georgia Railroad to the intersection of the projection of Pearl Street; running thence south along Pearl Street Projection and Pearl Street to the intersection of Memorial Drive; running thence east along Memorial Drive to the intersection of the A. & W. P. Railroad; running thence south and southwesterly along the A. & W. P. Railroad to the intersection of Capitol Avenue; running thence south along Capitol Avenue and the Westerly Land Lot line of Land Lots 58 and 59 of the 14th District to the inter section of the South River; running thence south and southeasterly along South River to the intersection of Brown's Mill Road; running thence north and northeasterly along Brown's Mill Road and Mc Williams Road to the intersection of Burroughs Road; running thence north along Burroughs Road to the intersection of Harper Road; running thence east along Harper Road to the intersection of Jonesboro Road; running thence south and southeasterly along Jonesboro Road to the intersection of Constitution Road; running thence east along Constitution Road to the intersection of the east boundary line of Fulton County; running thence north along the east

1046

JOURNAL OF THE HOUSE,

boundary line of Pulton County to the intersection of the Georgia Railroad and the point of beginning.--1 Representative.

"District No. 105: That portion of Fulton County more par ticularly described as follows:
Beginning at the intersection of the Georgia Railroad with the east boundary line of Fulton County; running thence north along the east boundary line of Fulton County to the intersection of the Southern Railway Main Line; running thence south and southwest along the Southern Railway Main Line to the intersection of the Southern Railway Belt Line; thence south and southeast along the Southern Railway Belt Line to the intersection of Piedmont Road; running thence northeasterly along Piedmont Road to the intersection of Monroe Drive; running thence southeasterly along Monroe Drive to the intersection of Yorkshire Road; running thence east along Yorkshire Road to the intersection of North Morningside Drive; running thence southeasterly along North Morningside Drive to the intersection of North Highland Avenue; running thence south along North Highland Avenue to the intersection of Amsterdam Avenue; running thence west along Amsterdam Avenue to the inter section of the Projection of Barnett Street; running thence south along the Projection of Barnett Street and Barnett Street to the in tersection of St. Charles Avenue; running thence west along St. Charles Avenue and the projection thereof to the intersection of the Southern Railway Belt Line; running thence south, southeasterly and southwesterly along the Southern Railway Belt Line to the inter section of the Georgia Railroad; running thence north and northeast erly along the Georgia Railroad to the intersection of the east boundary line of Fulton County and the point of beginning.--1 Rep resentative.
"District No. 106: That portion of Fulton County more par ticularly described as follows:

Beginning at the intersection of the projection of Ponce de Leon Ave. and Southern Railway Belt Line; running thence north along the Southern Railway Belt Line to the intersection of projection of St. Charles Avenue; running thence east along St. Charles Avenue
projection and St. Charles Avenue to the intersection of Barnett Street; running thence north along Barnett Street and the projection of Barnett Street to the intersection of Amsterdam Avenue; run ning thence east along Amsterdam Avenue to the intersection of North Highland Avenue; running thence west along North Highland
Avenue to the intersection of North Morningside Drive; thence northwesterly along North Morningside Drive to the intersection of Yorkshire Road; thence westerly along Yorkshire Road to the
intersection of Monroe Drive; thence northwesterly along Monroe Drive to the intersection of Piedmont Avenue; thence southwesterly
along Piedmont Avenue to the intersection of the Southern Railway Belt Line; thence southerly along the Southern Railway Belt Line
to the intersection of 10th Street; thence westerly along 10th Street to the intersection of West Peachtree Street; thence south along West Peachtree Street to the intersection of North Avenue; thence west along North Avenue to the intersection of Williams Street; thence south along Williams Street to the intersection of Cain

WEDNESDAY, FEBRUARY 7, 1968

1047

Street; thence south and southwesterly along Cain Street with a northwesterly offset at Luckie Street to the intersection of the W. & A. Railroad; thence south, southeast, north and northeast along the W. & A. Railroad and the Georgia Railroad to the inter section of Butler Street; thence northeast and north along Butler Street to the intersection of Forrest Avenue; thence east along Forrest Avenue to the intersection of Bedford Place; thence north along Bedford Place to the intersection of North Avenue; thence east along North Avenue and the projection thereof to the intersection of the Southern Belt Line and the point of beginning.--1 Repre sentative.

"District No. 107: That portion of Fulton County more par ticularly described as follows:

Beginning at the intersection of the Southern Railroad Belt Line and the projection of Ponce de Leon; running thence west along the projection of Ponce de Leon and to the intersection of Bedford Place; running thence south along Bedford Place to the intersection of Forrest Avenue; running thence west along Forrest Avenue to the intersection of Butler Street; running thence south and southwesterly along Butler Street to the intersection of the Georgia Railroad; run ning thence south, north and northeasterly along the Georgia Rail road to the intersection of the Southern Railway Belt Line; running thence northeasterly, northerly and northeasterly along the Southern Railway Belt Line to the intersection of the projection of North Avenue and the point of beginning.--1 Representative.

"District No. 108: That portion of Fulton County more par ticularly described as follows:

Beginning at the intersection of the Chattahoochee River and the Southern Railroad; running thence south, southeast and easterly along the Southern Railroad to the intersection of Marietta Road; running thence south along Marietta Road to West Marietta Street; running thence southeast along West Marietta Street to the L. & N. Railroad; running thence southeasterly along the L. & N. Railroad to its intersection with the line dividing the 14th Land District of Fulton County from the 17th Land District of Fulton County; run ning thence in a westerly direction along said Land District line to its intersection with Proctor Creek; running thence in a north westerly direction along Proctor Creek and following the meanderings thereof to its intersection with the east Land Lot line of Land Lot 226 of the 17th District of Fulton County, Georgia; running thence north along said Land Lot line to the northeast corner of said Land Lot 226; running thence west along the north Land Lot line of said Land Lot 226 to its intersection with Proctor Creek and a projection of North Street; running thence southwesterly along the projection of North Street and North Street to the intersection of Ruth Street; running thence west along Ruth Street to the inter section of Gun Club Road; running thence south along Gun Club Road to the intersection of Hollywood Drive; running thence south west along Hollywood Drive to the intersection of Hollywood Road; running thence northwesterly along Hollywood Road to the inter section of N. Grand Avenue; running thence southwesterly and

1048

JOURNAL OF THE HOUSE,

southerly along N. Grand Avenue with offset at Sisk Street to the intersection of Bankhead Highway; running thence east along Bankhead Highway to the intersection of Gary Road; running thence south along Gary Road and the south projection thereof with offset at Baker Road to the intersection of Simpson Road; running thence west along Simpson Road to the intersection of the west Land Lot line of Land Lot 179; thence south along the west Land Lot line of Land Lots 179 and 180 of the 14th District of Fulton County to the intersection of the A.C.L. Railroad; running thence southeasterly along the A.C.L. Railroad to the intersection of Wilson Avenue; running thence south along Wilson Avenue and the projection there of to the intersection of Gordon Road and the northwest corner of Westview Cemetery Property; running thence south, west, south and east along the Westview Cemetery property to the intersection of the south property line of said property with the west line of Land Lot 171 of the 14th District of Fulton County; running thence south along the west Land Lot line of Land Lot 171 to the intersection of North Utoy Creek; running thence west and northwest along N. Utoy Creek to the intersection of Brownlee Road; running thence northwest along Brownlee Road to the intersection of the A.C.L. Railroad; running thence southwest along the A.C.L. Railroad to Fail-burn Road; thence south along Fairburn Road to North Utoy Creek; running thence northwest and west along Utoy Creek to the intersection of the Chattahoochee River; running thence north and northeast along the Chattahoochee River to the intersection of the Southern Railroad and the point of beginning.--1 Representative.

"District No. 109: That portion of Fulton County more par ticularly described as follows:
Beginning at a point on the line dividing the 14th Land Dis trict of Fulton County from the 17th Land District of Fulton County, which point is at the intersection of said line with the L & N Rail road; running thence in a westerly direction along said Land Dis trict line to its intersection with Proctor Creek; running thence in a northwesterly direction along Proctor Creek and following the meanderings thereof to its intersection with the east Land Lot line of Land Lot 226 of the 17th District of Fulton County, Georgia; running thence north along said Land Lot line to the northeast corner of said Land Lot 226; running thence west along the north Land Lot line of said Land Lot 226 to its intersection with Proctor Creek and a projection of North Street; running thence southwest along the projection of North Street and North Street to the inter section of Ruth Street; running thence west along Ruth Street to the intersection of Gun Club Road; running thence south along Gun Club Road to the intersection of Hollywood Drive; running thence southwest along Hollywood Drive to the intersection of Hollywood Road; thence northwest along Hollywood Road to the intersection of N. Grand Avenue; running thence southwest and south along N. Grand Avenue with offset at Sisk Street to the intersection of Bankhead Highway; thence east along Bankhead Highway to the inter section of Gary Road; thence south along Gary Road and the south ern projection thereof with offset at Baker Road to the intersection of Simpson Road; thence west along Simpson Road to the inter section of the west Land Lot line of Land Lot 179, Fulton County; thence south along the west Land Lot line of Land Lots 179 and

WEDNESDAY, FEBRUARY 7, 1968

1049

180, 14th District, Fulton County, to the intersection of the A.C.L. Railroad; thence southeast and northeast along the A.C.L. Railroad to the intersection of West Lake Avenue; thence north and north east along West Lake Avenue to the intersection of Simpson Road; thence east along Simpson Road to the intersection of the L. & N. Railroad; thence south along the L. & N. Railroad to the intersection of Hunter Street; thence east along Hunter Street to the intersection of Ashby Street; thence north along Ashby Street to the intersec tion of Marietta Street; thence northwest along Marietta Street to its intersection with the L. & N. Railroad; running thence in a southerly direction along the L. & N. Railroad to its intersection with the line dividing the 14th Land District of Fulton County from the 17th Land District of Fulton County, and the point of beginning. --1 Representative.

"District No. 110: That portion of Fulton County more par ticularly described as follows:

Beginning at the intersection of Gordon Street and the Central of Georgia Railroad; running thence west along Gordon Street to the intersection of Ashby Street; thence north along Ashby Street to the intersection of Hunter Street; thence west and southwest along Hunter Street to the intersection of the L. & N. Railroad; thence north along the L. & N. Railroad to the intersection of Simpson Road; thence west along Simpson Road to the intersection of Westlake Avenue; thence south and southwest along Westlake Avenue to the intersection of the A.C.L. Railroad; thence southwesterly and northwesterly along the A.C.L. Railroad to the intersection of Wil son Avenue; thence south along Wilson Avenue and the projection of Wilson Avenue to the intersection of Gordon Road and the north west corner of Westview Cemetery property; thence south, west, south and east along the Westview Cemetery Property to the in tersection of the south line of said property with the west line of Land Lot 171, 14th District of Fulton County; running thence south along the west line of Land Lot 171, 14th District of Fulton County to the intersection of N. Utoy Creek; running thence south and south east along Utoy Creek and following the meanderings thereof to the intersection of the southern projection of Beecher Court; running thence north along the southein projection of Beecher Court and Beecher Court to the intersection of Beecher Street; running thence east along Beecher Street to the intersection of Donnally Avenue; running thence southeast along Donnally Avenue to the intersection of Hall Street and Lawton Street; running thence northeast along Lawton Street to the intersection of Beecher Street; running thence east along Beecher Street to the intersection of Lee Street; running thence south along Lee Street to the intersection of the Central of Georgia Railroad; running thence northeast along the Central of Georgia Railroad to the intersection of Gordon Street and the point of beginning.--1 Representative.

"District No. 111. That portion of Fulton County more par ticularly described as follows:
Beginning at the intersection of Gordon Street and the Central of Georgia Railroad; running thence west along Gordon Street to

1050

JOURNAL OF THE HOUSE,

the intersection of Ashby Street; running thence north along Ashby Street to the intersection of Simpson Street; running thence east along Simpson Street to the intersection of Vine Street; thence south along Vine Street Street to the intersection of Hunter Street; thence east along Hunter Street to the intersection of Elliott Street; thence south along Elliott Street to the intersection of Nelson Street; thence southwest along Nelson Street to the intersection of Walker Street; thence southwest along Walker Street to the intersection of Fair Street; thence southeast along Fair Street to the intersection of Central of Georgia Railroad; thence southwest along the Central of Georgia Railroad to the intersection of Gordon Street and the point of beginning.--1 Representative.
"District No. 112. That portion of Fulton County more par ticularly described as follows:
Beginning at the intersection of Ashby Street and Simpson Street; running thence north along Ashby Street and the projection thereof to the intersection of the Southern Railway; thence north east along the Southern Railway to the intersection of Northside Drive; thence south along Northside Drive to the intersection of Hemphill Avenue; thence southeast along Hemphill Avenue to the intersection of State Street; thence south along State Street to the intersection of North Avenue; thence east along North Avenue to the intersection of Williams Street, thence south along Williams Street to the intersection of Cain Street; thence west and south west along Cain Street with set-off at Luckie Street to the inter section of the W. & A. Railroad; thence northwest along the W. & A. Railroad to the intersection of Elliott Street at its intersection with Simpson Street; thence south along Elliott Street with westerly setoff at Block Place, to the intersection of Hunter Street; thence west along Hunter Street to the intersection of Vine Street; thence north along Vine Street to the intersection of Simpson Street; thence west along Simpson Street to the intersection of Ashby Street and the point of beginning.--1 Representative.

"District No. 113: That portion of Fulton County more par ticularly described as follows:

Beginning at the intersection of the Atlanta City limits at the Chattahoochee River and the Seaboard Air Line Railroad; running thence south, west and southwesterly along the Chattahoochee River to the intersection of the Southern Railway; thence southeasterly and southerly along the Southern Railway to the intersection of Marietta Road; thence south and southeasterly along Marietta Road and Marietta Street to the northern projection of Ashby Street; thence north along the northern projection of Ashby Street to the intersection of the Southern Railway; thence northeast along the Southern Railway to the intersection of Northside Drive; thence south along Northside Drive to the intersection of Hemphill Avenue; thence southeasterly along Hemphill Avenue to the intersection of State Street; thence south along State Street to the intersection of North Avenue; thence east along North Avenue to the intersection of West Peach tree Street; thence north along West Peachtree Street to the intersection of 10th Street; thence east along 10th Street to

WEDNESDAY, FEBRUARY 7, 1968

1051

the intersection of the Southern Railway Belt Line; thence north and northwesterly along the Southern Railway Belt Line to the in tersection of the Southern Railway Main Line; thence southwest along the Southern Railway Main Line to the intersection of the Northwest Expressway; thence north and northwest along the North west Expressway to the intersection of Peachtree Creek; thence south, southwest, north and northwest along Peachtree Creek to the intersection of Moore's Mill Road; thence southwest along Moore's Mill Road to the intersection of the Seaboard Air Line Railroad; thence northwesterly along the Seaboard Air Line Railroad to the intersection of the Atlanta City Limits at the Chattahoochee River and the point of beginning.--1 Representative.

"District No. 114. That portion of Fulton County more par ticularly described as follows:

Beginning at the intersection of the Fulton-DeKalb County line with Windsor Parkway; running thence north, east, northwest, west,
southwest and southerly along the Fulton County boundary line to the intersection of the northern Atlanta City Limits as of January 2, 1964, with the Chattahoochee River; thence generally east along said city limits to their intersection with Lake Forrest Drive; (this
boundary between the Chattachoochee River and Lake Forrest Drive being more particularly described as follows: beginning at the intersection of the Chattahoochee River with the south land lot line of land lot 213 of the 17th district of Fulton County; thence generally
east along the south land lot line of land lots 213 and 202 to a point located one thousand six and nine tenths (1006.9) feet, more or less, west of the southeast corner of said land lot 202; thence northeast erly four hundred seventy three and four tenths (473.4) feet and
five hundred twenty five and three tenths (525.3) feet, respectively, to the southerly side of West Garmon Road; thence northeasterly and southeasterly along the southerly side of West Garmon Road six hundred (600) feet to a point; thence southwesterly six hundred seventy-eight and six tenths (678.6) feet to the south land lot line of land lot 202; thence generally east along the south land lot line
of land lots 202, 177, 162, and 137 to a point at the southwest corner of lot 4, unit 1, East Conway Hills Subdivision, said point being located two thousand four hundred eighty-three (2483) feet, more
or less, west of the point of intersection of the west side of Powers Ferry Road and the south land lot line of land lot 137; thence north westerly three hundred forty three and eight tenths (343.8) feet to
the northwest corner of lot 3 of said unit 1, East Conway Hills sub division; thence northeasterly seven hundred twenty three (723) feet to a point; thence westerly one hundred fifty five (155) feet to a point; thence northerly four hundred ninety (490) feet to a point; thence easterly one hundred (100) feet to a point; thence northerly two hundred seventy eight and five tenths (278.5) feet to a point; thence northwesterly one hundred forty seven and two tenths (147.2) feet to a point; thence southwesterly twenty five (25) feet to a point; thence northwesterly two hundred forty (240) feet and two hundred three and eight tenths (203.8) feet, respectively, to the south side of lot 5, block B, Millbrook subdivision, recorded in plat book 69, page 80, Clerk, Fulton County Superior Court; thence south westerly one hundred two and three tenths (102.3) feet to a point; thence northerly five hundred fifty five and five tenths (555.5) feet,

1052

JOURNAL OF THE HOUSE,

more or less, to the southerly side of Mt. Paran Road; thence easter ly and northeasterly along Mt. Paran Road five hundred (500) feet, more or less, to the northeasterly corner of lot 16, block D, Millbrook subdivision, recorded in plat book 69, page 80, Clerk, Fulton County Superior Court; thence southeasterly fourteen hundred thirty-five (1435) feet, more or less, to the southeast corner of lot 6, block D, of said Millbrook subdivision, page 57, plat book 44; thence easterly one hundred ninety eight (198) feet, more or less, to the northwest corner of lot 8, East Conway Hills subdivision; thence southerly one hundred forty three and eight tenths (143.8) feet to a point; thence southeasterly along the easterly line of lot 5, East Conway Hills sub division, plat book 54, page 34, two hundred seventy nine and nine tenths (279.9) feet to the northwesterly side of East Conway Road; thence southeasterly across East Conway Road sixty (60) feet, more or less, to the northwesterly corner of Lot 21 of Eppington Forrest subdivision, recorded in plat book 69, page 74, Clerk, Fulton County Superior Court; thence northeasterly along East Conway Road fifteen and six tenths (15.6) feet to a point; thence easterly three hundred (300) feet to a point; thence southerly six hundred fifty five (655) feet, more or less, to the northwest corner of lot 14 of said Eppington Forrest subdivision; thence easterly five hundred sixty-seven and nine tenths (567.9) feet to the west side of Powers Ferry Road; thence south along the west side of Powers Ferry Road four hundred and fifty (450) feet to the south land lot line of land lot 137; thence east along the south land lot line of land lots 137 and 119 to a point located three hundred eighty-three (383) feet west of the intersection of the westerly side of Lake Forrest Drive with the south land lot line of land lot 119; thence north 0 degrees 40 minutes west, 299.7 feet to the northerly line of the north side of Barbara Lane; thence westerly and southwesterly following the northerly side of Barbara Lane, 137.5 feet, thence north 28 degrees 35 minutes west 334.3 feet; thence north 76 degrees 05 minutes west 159.2 feet; thence north 28 degrees 04 minutes west 255.4 feet to the northwesterly side of Worth Drive; thence southwesterly following the northwesterly side of Worth Drive, 120 feet; thence north 28 degrees 20 minutes west 243.9 feet; thence north 63 minutes 35 minutes east, 308 feet; thence north 33 degrees 14 minutes west 229.8 feet; thence north 33 degrees 31 minutes v/est 290 feet; thence north 45 degrees 46 minutes west 580.5 feet; thence north 38 degrees 05 minutes west 465.2 feet; thence north 38 degrees 32 minutes west 164.1 feet; thence north 53 degrees 20 minutes west 245.4 feet; thence north 31 degrees 45 minutes west 100 feet; thence north 38 degrees 09 minutes west 374.4 feet; thence north 51 degrees 19 min utes east; 315.2 feet to the northeasterly side of Forrest Lake Drive; thence southeasterly following the curvature of the northeasterly side of said Forrest Lake Drive 883 feet; thence south 0 degrees 27 minutes west 233 feet; thence south 59 degrees 03 minutes east 873 feet; thence south 28 degrees 20 minutes east 650 feet; thence south 46 degrees 27 minutes east 681 feet to Lake Forrest Drive; running thence north along Lake Forrest Drive to the intersection of Spruell
Springs Road; thence east along Spruell Springs Road to the inter
section of Roswell Road; thence north along Roswell Road to the
intersection of Forest Hills Drive; thence east along Forest Hills Drive to the intersection of Highpoint Road; thence south
al'ing Highpoint Road to the intersection of Windsor Parkway;
thence northeasterly and southeasterly along Windsor Parkway to

WEDNESDAY, FEBRUARY 7, 1968

1053

the intersection of Fulton-DeKalb County line and the point of be ginning.--1 Representative.

"District No. 115: That portion of Fulton County more par ticularly described as follows:

Beginning at the intersection of Windsor Parkway and the Fulton-DeKalb County line; running thence south along the FultonDeKalb County line to the intersection of Peachtree Road; thence southerly and southwesterly along Peachtree Road to the intersec tion of West Wesley Road; thence west along West Wesley Road to the intersection of Howell Mill Road; thence south along Howell Mill Road to the intersection of Peachtree Creek; thence southwest, northwest, and westerly along Peachtree Creek and following the meanderings thereof to the intersection of Moores Mill Road; thence northwest along the S. A. L. Railroad to the intersection of the Chattahoochee River; thence northeast and northerly along the Chattahoochee River to the intersection of the Atlanta City Limits as of January 2, 1964, thence generally east along said city limits to their intersection with Lake Forrest Drive; (this boundary be tween the Chattahoochee River and Lake Forrest Drive being more particularly described as follows: beginning at the intersection of the Chattahoochee River with the south land lot line of land lot 213 of the 17th district of Fulton County; thence generally east along the south land lot line of land lots 213 and 202 to a point located one thousand six and nine tenths (1006,9) feet, more or less, west of the southeast corner of said land lot 202; thence northeasterly four hundred seventy three and four tenths (473.4) feet and five hundred twenty five and three tenths (525.3) feet, respectively, to the south erly side of west Garmon Road; thence northeasterly and south easterly along the southerly side of west Garmon Road six hun dred (600) feet to a point; thence southwesterly six hundred seventy-eight and six tenths (678.6) feet to the south land lot line of land lot 202; thence generally east along the south land lot line of land lots 202, 177, 162, and 137 to a point at the southwest corner of lot 4, unit 1, East Conway Hills subdivision, said point being loc ated two thousand four hundred eighty-three (2483) feet, more or less, west of the point of intersection of the west side of Powers Ferry Road and the south land lot line of land lot 137; thence north westerly three hundred forty three and eight tenths (343.8) feet to the northwest corner of lot 3 of said unit 1, East Conway Hills sub division; thence northeasterly seven hundred twenty three (723) feet to a point; thence westerly one hundred fifty five (155) feet to a point; thence northerly four hundred ninety (490) feet to a point; thence easterly one hundred (100) feet to a point; thence northerly two hundred seventy eight and five tenths (278.5) feet to a point; thence northwesterly one hundred forty seven and two tenths (147.2) feet to a point; thence southwesterly twenty five (25) feet to a point; thence northwesterly two hundred forty (240) feet and two hundred three and eight tenths (203.8) feet, respectively, to the south side of lot 5, block B, Millbrook subdivision, recorded in plat book 69, page 80, Clerk, Fulton County Superior Court; thence southwesterly one hundred two and three tenths (102.3) feet to a point; thence northerly five hundred fifty five and five tenths (555.5) feet, more or less, to the southerly side of Mt. Paran Road; thence easterly and northeasterly along Mt. Paran Road five hundred (500) feet more

1054

JOURNAL OF THE HOUSE,

or less, to the northeasterly corner of lot 16, block D, Millbrook sub division, recorded in plat book 69, page 80, Clerk, Pulton County Superior Court; thence southeasterly fourteen hundred thirty-five (1435) feet, more or less, to the southeast corner of lot 6, block D, of said Millbrook subdivision, page 57, plat book 44; thence easterly one hundred ninety eight (198) feet, more or less, to the northwest corner of lot 8, East Conway Hills subdivision; thence southerly one hundred forty three and eight tenths (143.8) feet to a point; thence southeasterly along the easterly line of lot 5, East Conway Hills subdivision, plat book 54, page 34, two hundred seventy nine and nine tenths (279.9) feet to the northwesterly side of East Conway Road; thence southeasterly across East Conway Road sixty (60) feet, more or less, to the northwesterly corner of Lot 21 of Eppington Porrest subdivision, recorded in plat book 69, page 74, Clerk, Pulton County Superior Court; thence northeasterly along East Conway Road fifteen and six tenths (15.6) feet to a point; thence east erly three hundred (300) feet to a point; thence southerly six hundred fifty five (655) feet, more or less, to the northwest corner of lot 14 of said Eppington Forrest subdivision; thence easterly five hundred sixty-seven and nine tenths (567.9) feet to the west side of Powers Perry Road; thence south along the west side of Powers Ferry Road four hundred and fifty (450) feet to the south land lot line of land lot 137; thence east along the south land lot line of land lots 137 and 119 to a point located three hundred eighty-three (383) feet west of the intersection of the westerly side of Lake Forrest Drive with the south land lot line of land lot 119; thence north 0 degrees 40 minutes west, 299.7 feet to the northerly line of the north side of Barbara Lane; thence westerly and southwesterly following the northerly side of Barbara Lane, 137.5 feet, thence north 28 degrees 35 minutes west 334.3 feet; thence north 76 degrees 05 minutes west 159.2 feet; thence north 28 degrees 04 minutes west 255.4 feet to the north westerly side of Worth Drive; thence southwesterly following the northwesterly side of Worth Drive, 120 feet; thence north 28 de grees 20 minutes west 243.9 feet; thence north 63 minutes 35 minutes east, 308 feet; thence north 33 degrees 14 minutes west 229.8 feet; thence north 33 degrees 31 minutes west 290 feet; thence north 45 degrees 46 minutes west 580.5 feet; thence north 38 degrees 05 min utes west 465.2 feet; thence north 38 degrees 32 minutes west 164.1 feet; thence north 53 degrees 20 minutes west 245.4 feet; thence north 31 degrees 45 minutes west 100 feet; thence north 38 degrees 09 minutes west 347.4 feet; thence north 51 degrees 19 minutes east; 315.2 feet to the northeasterly side of Forrest Lake Drive; thence southeasterly following the curvature of the northeasterly side of said Forrest Lake Drive 883 feet; thence south 0 degrees 27 minutes west 233 feet; thence south 59 degrees 03 minutes east 873 feet; thence south 28 degrees 20 minutes east 650 feet; thence south 46 degrees 27 minutes east 681 feet to Lake Forrest Drive;) running thence north along Lake Porrest Drive to the intersection of Spruell Springs Road; thence east along Spruell Springs Road to the inter section of Roswell Road; thence north along Roswell Road to the
intersection of Forest Hills Drive; thence east along Forest Hills
Drive to the intersection of Highpoint Road; thence south along
Highpoint Road to the intersection of Windsor Parkway; thence
northeasterly and southeasterly along Windsor Parkway to the in
tersection of Pulton-DeKalb County line and the point of beginning.
--1 Representative.

WEDNESDAY, FEBRUARY 7, 1968

1055

"District No. 116: That portion of Fulton County more par ticularly described as follows:

Beginning at the intersection of Peachtree Road and the FultonDeKalb County line; running thence southerly and southwesterly along Peachtree Road to the intersection of West Wesley Road; run ning thence west along West Wesley Road to the intersection of Howell Mill Road; thence south along Howell Mill Road to the inter section of Peachtree Creek; thence southerly, westerly, northerly and northwesterly along Peachtree Creek to the intersection of the Northwest Expressway; thence southerly and southwesterly along the Northwest Expressway to the intersection of the Southern Rail way Main Line; thence northeasterly along the Southern Railway Main Line to the intersection of the Fulton-DeKalb County line; thence north along the Fulton-DeKalb County line to the intersection of Peachtree Road and the point of beginning.--1 Representative.

"District No. 117: Cobb & Paulding--7 Representatives.

"District No. 118: Douglas--1 Representative.

"A candidate for the House of Representatives in a Representa tive District having more than one Representative shall designate the Representative Post for which he offers as a candidate. This shall apply to all primaries and elections of whatever kind. Such Posts shall be designated by numbers, beginning with Post Number 1 and ending with the number equaling the total number of Representatives in such District. At the time of his election, a member of the House of Representatives must have been a resident of the territory from which elected for at least one year immediately preceding such time. Each Representative shall be elected only by the voters of his Re presentative District.

The first members elected pursuant to the above apportionment shall take office on the convening day of the regular session of the General Assembly of Georgia in 1969. Until that time, the members of the House of Representatives elected under previous apportion ment provisions shall continue to serve until such time. The above apportionment provisions shall be effective, however, for the purpose of electing the members who are to take office in 1969 as aforesaid. Such members taking office in 1969 shall hold office for the term provided by law and until their successors are elected and qualified. Such successors and future successors shall be elected under the provisions of the above apportionment of the House of Representa tives."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment was read:
Leggett of the 21st moves to amend H. B. 1226 (Committee Substi tute) as follows:

1056

JOURNAL OF THE HOUSE,

By inserting after the following:

"District No. 117: Cobb & Paulding--7 Representatives.",

the following:

"Post No. 1 shall be composed of Paulding County. Posts Nos. 2 and 3 shall be composed of the western Senatorial District of Cobb County. Posts Nos. 4 and 5 shall be composed of the eastern Senator ial District of Cobb County. Posts Nos. 6 and 7 shall be at large posts composed of Paulding and Cobb Counties."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Ballard Barfield Berry, J. K. Bo stick Bowen Cheeks Colwell Conner Cooper, B. Dean Dickinson Doster Farmer Graves Hall Harris, J. P. Henderson

Howard Jenkins Johnson, B. Lane, W. J. Leggett Lovell Magoon Matthews, C. Moore, Don C. Moore, J. H. Nessmith Nimmer Otwell Pafford Parker, H. W. Peterson Poss

Potts Rainey Rush Savage Shanahan Shuman Simmons Smith, G. W. Smith, W. L. Stalnaker Starnes Turner Tye Whaley Williams Wilson, J. M. Wood

Those voting in the negative were Messrs.

Alexander Anderson Battle Berry, C. E. Black Blalock Bond Brantley, H. L. Brown, B. D. Brown, C. Buck Busbee Caldwell

Carnes Gates Cato Chandler Clarke Cole Collins, J. F. Collins, M. Cooper, J. R. Crowe, W. J. Dailey Daugherty Davis

Dent Dillon Dodson Dollar Dorminy Douglas Edwards Egan Fallin Farrar Funk Gay Gaynor

WEDNESDAY, FEBRUARY 7, 1968

1057

Gignilliat Grahl Grier Gunter Hamilton Harrington Harris, J. R. Harris, R. W. Harrison Holder Howell Hutchinson Johnson, A. S. Joiner J.ones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambert Lambros Land Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas

Lewis Longino Lowrey Mason Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Mullinax Murphy Nash Newton Northcutt Oglesby Palmer Paris Parrish Pickard Ragland Reaves Richardson

Roach Ross Rowland Russell Scarlett Sherman Shields Sims Smith, J. R. Snow Steis Sullivan Thompson, A. W. Threadgill Townsend Tucker Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wiggins Wilson, R. W. Winkles

Those not voting were Messrs.:

Barber Bennett Branch Brantley, H. H. Bray Cook Cox Crowe, William DeLong Dixon Fleming

Floyd Gary Hadaway Hale Hargrett Higginbotham Hill Hood Jones, G. M. Lane, Dick Malone

Moreland Odom Parker, C. A. Phillips Smith, V. T. Sweat Thompson, R. Wells Westlake Mr. Speaker

On the adoption of the amendment, the ayes were 52, nays 121.
The amendment was lost.
The following amendment was read: McDaniell of the 101st moves to amend Committee Substitute to
House Bill No. 1226 as follows:

1058

JOURNAL OF THE HOUSE,

By striking from the quoted language in Section 1 the following:
"District No. 117: Cobb & Paulding--7 Representatives."
By renumbering District No. 118 as District No. 117.
By adding at the end of the quoted language of Section 1 the follow ing:
"District No. 118--That portion of Cobb County embraced with in State Senatorial District No. 32 as provided in Code Section 47102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. L. 1962, Sept.-Oct. Extra Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--3 Representatives."
"District No. 119--That portion of Cobb County embraced with in State Senatorial District No. 33 as provided in Code Section 47102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Extra Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127), and Paulding County--4 Representatives."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Ballard Barfield Battle Berry, J. K. Black Blalock Bostick Bowen Branch Bray Buck Carnes Cheeks Collins, J. P. Colwell Conner Cooper, B. Crowe, W. J. Dailey Davis Dean

Dickinson Dillon Doster Egan Funk Gay Gaynor Gignilliat Graves Gunter Hall Hargrett Harris, J. F. Harrison Howard Jenkins Jones, M. Lambros Leonard Levitas Lovell Lowrey

Magoon McDaniell Moore, Don C. Moore, J. H. Nessmith Newton Nimmer Otwell Parker, H. W. Parrish Poss Potts Roach Rush Savage Shanahan Simmons Smith, G. W. Smith, W. L. Snow Stalnaker

WEDNESDAY, FEBRUARY 7, 1968

1059

Starnes Steis Sullivan Townsend

Turner Tye Underwood Ward

Westlake Williams Wood

Those voting in the negative were Messrs.:

Alexander
Anderson Barber Berry, C. E. Bond
Brantley, H. L. Brown, B. D.
Brown, C. Busbee Caldwell Gates
Cato Chandler Clarke Cole Collins, M.
Cooper, J. R. Daugherty DeLong Dent
Dodson Dollar Dorminy Douglas Edwards Fallin Farmer Gary Grahl Grier Hamilton Harris, J. R. Harris, R. W. Hill

Holder Howell
Hutchinson Johnson, A. S. Johnson, B. Jordan, G. Jordan, W. H.
Kaylor Kirksey Knapp Laite Lambert Lane, Dick
Lane, W. J. Lee, W. J. (Bill) Lee, W. S.
Leggett Lewis Longino Mason Matthews, C. Matthews, D. R.
Mauldin Maxwell McClatchey Melton Merritt Miller Mixon Moate Mullinax Murphy Nash Northcutt

Those not voting were Messrs.:

Bennett Brantley, H. H.
Cook Cox Crowe, William
Dixon Farrar Fleming Floyd Hadaway

Hale Harrington
Henderson Higginbotham Hood
Joiner Jones, C. M. Land
Malone McCracken

Oglesby Pafford Palmer Paris Parker, C. A. Pickard Ragland Rainey Reaves Richardson Ross Rowland Russell Scarlett Sherman Shields Sims Smith, J. R. Thompson, A. W. Threadgill Tucker Vaughan, D. N. Vaughn, C. R. Walling Wamble Ware Wells Whaley Wiggins Wilson, J. M. Wilson, R. W. Winkles
Moreland Odom Peterson Phillips Shuman Smith, V. T. Sweat Thompson, R. Mr. Speaker

1060

JOURNAL OF THE HOUSE,

On the adoption of the amendment, the ayes were 76, nays 100.

The amendment was lost.

The following amendment was read:
Howard of the 101st moves to amend Committee Substitute to House Bill No. 1226 as follows:
By striking from Section 1 the following:
"District No. 19: Polk & Haralson--2 Representatives.",
and substituting in lieu thereof the following:
"District No. 19: Polk, Haralson & Paulding--3 Representa tives."
By striking from Section 1 on page 39 the words:
"District No. 117: Cobb & Paulding--7 Representatives."
By renumbering District No. 118 as District No. 117.
By adding at the end of the quoted language of Section 1 the follow ing:
"District No. 118--That portion of Cobb County embraced with in State Senatorial District No. 32 as provided in Code Section 47102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. L. 1962, Sept.-Oct. Extra Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--3 Representatives."
"District No. 119--That portion of Cobb County embraced with in State Senatorial District No. 33 as provided in Code Section 47102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Extra Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127),--3 Representatives."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams
Ballard Battle

Berry, J. K.
Bostick Bowen

Bray
Games Cheeks

Colwell Conner Cooper, B.
Crowe, W. J. Davis Dollar Doster Douglas Egan Gaynor Gignilliat Grahl Hall Hargrett

WEDNESDAY, FEBRUARY 7, 1968

1061

Harris, J. P. Harrison Henderson Howard Jones, M. Kirksey Leonard Lovell Magoon McDaniell Nimmer Northcutt Parrish Poss

Roach Rush Simmons Smith, G. W. Smith, V. T. Smith, W. L. Steis Sullivan Turner Underwood Wamble Ward Whaley

Those voting in the negative were Messrs.:

Alexander Anderson Barber Barfield Berry, C. E. Black Blalock Bond Brantley, H. L. Brown, B. D. Brown, C. Busbee Caldwell Gates Cato Chandler Clarke Cole Collins, J. F. Copper, J. R. Dailey Daugherty Dean DeLong Dent Dickinson Dillon Dodson Dorminy Edwards Fallin Farmer Farrar Fleming Funk
Graves Grier

Gunter Hamilton Harrington Harris, J. R. Harris, R. W. Hill Holder Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jordan, G. Jordan, W. H. Kaylor Knapp Laite Lambert Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Longino Lowrey Mason
Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey Melton Merritt Miller

Mixon Moate Moore, Don C. Moore, J. H. Mullinax Murphy
Nash Nessmith
Newton Oglesby Pafford Palmer Paris Parker, C. A. Parker, H. W. Pickard Potts Ragland Rainey Reaves Richardson
Ross Rowland Russell Savage Scarlett Shanahan Sherman Shields
Sims Smith, J. R. Snow Starnes Thompson, A. W. Threadgill Townsend
Tucker

1062
Tye Vaughan, D. N. Vaughn, C. R. Walling

JOURNAL OF THE HOUSE,

Wells Westlake
Wiggins Williams

Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Bennett Branch Brantley, H. H. Buck Collins, M. Cook Cox Crowe, William Dixon Floyd Gary

Gay Hadaway Hale Higgmbotham Hood ' Howell Jones, G. M. Land Malone McCracken Moreland

Odom Otwell Peterson Phillips Shuman Stalnaker Sweat Thompson, R. Ware Wilson, J. M. Mr. Speaker

On the adoption of the amendment, the ayes were 50, nays 122.

The amendment was lost.

The following amendment was read:
Mr. Cooper of the 103rd moves to amend H. B. 1226 (Committee Sub stitute) as follows:
By striking from Section I on Page 39 the words:
"Cobb &"
and changing the numeral "7" in the same line thereof to "1".
By adding to Section I on Page 40 the following:
"District No. 119: That portion of Cobb County embraced with in State Senatorial District No. 32 as provided in Code Section 47102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Extra Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--3 Representatives.
"District No. 120: That portion of Cobb County embraced with in State Senatorial District No. 33 as provided in Code Section 47102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Extra

WEDNESDAY, FEBRUARY 7, 1968

1063

Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--3 Representatives.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams
Battle Berry, J. K.
Bostick Bo wen Carnes Cheeks Colwell Conner Cooper, B. Crowe, W. J. Davis Dickinson Doster
Douglas Gaynor Gignilliat

Harris, J. F. Harrison Henderson
Howard Leggett Lovell Magoon McDaniell
Murphy Nessmith
Newton Otwell Pafford Parker, H. W. Parrish
Poss Rainey

Roach Rush Simmons Smith, G. W. Smith, W. L. Stalnaker Starnes Steis Turner Tye Underwood Wamble Ward Whaley Wilson, J. M. Wood

Those voting in the negative were Messrs.

Alexander
Anderson Ballard Barber Barfield Berry, C. E. Black Blalock Bond Brantley, H. L. Bray Brown, B. D.
Brown, C. Caldwell
Gates Cato Chandler Clarke
Cole Collins, J. F. Collins, M. Cooper, J. R. Dailey Daugherty

Dean DeLong Dent
Dillon Dodson Dollar Edwards Egan Fallin Farmer Funk Gary Grahl Graves Grier Hall Hamilton Hargrett Harrington Harris, J. R. Harris, R. W. Hill Holder Howell

Hutchinson Jenkins Johnson, A. S. Joiner
Jones, M. Jordan, G. Jordan, W. H.
Kaylor Kirksey Knapp Laite Lambert Lambros Lane, Dick
Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Mason Matthews, C.

1064
Matthews, D. R. Mauldin Maxwell McClatchey McCracken Melton Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Mullinax Nash Nimmer Oglesby Palmer

JOURNAL OP THE HOUSE,

Paris Parker, C. A. Phillips Pickard
Potts Ragland
Reaves Richardson
Ross Rowland
Russell Savage Scarlett Shanahan Sherman Shields Sims

Smith, J. R. Smith, V. T. Snow Sullivan Sweat Thompson, A. W. Threadgill Townsend Tucker Vaughan, D. N.
Vaughn, C. R. Walling Westlake Wiggins Williams Wilson, R. W. Winkles

Those not voting were Messrs.:

Bennett Branch Brantley, H. H. Buck Busbee Cook Cox Crowe, William Dixon Dorminy Parrar

Fleming Ployd Gay Gunter Hadaway Hale Higginbotham Hood Johnson, B. Jones, C. M. Land

Malone Moreland Northcutt Odom Peterson Shuman Thompson, R.
Ware Wells Mr. Speaker

On the adoption of the amendment, the ayes were 50, nays 123.

The amendment was lost.

The following amendment was read:
Messrs. Colwell of the 5th & Simmons of the 9th moves to amend Committee substitute to H. B. No. 1226 as follows:
By striking the following:
"District No. 4: Fannin & Gilmer--1 Representative.
"District No. 5: Lumpkin, Rabun, Towns & Union--1 Repre sentative.",
and inserting in lieu thereof the following:

WEDNESDAY, FEBRUARY 7, 1968

1065

"District No. 4: Fannin, Gilmer, Lumpkin, Rabun, Towns, Union & Dawson--3 Representatives."

By striking in quoted District No. 11 the word "Dawson".

And, by renumbering Districts No. 6-117 as Districts No. 5-116 re spectively.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Barber Battle Berry, J. K. Bostick Bowen Games Chandler Cheeks Collins, J. F. Colwell Conner Cooper, B. Cooper, J. R. Crowe, W. J. Dean Dickinson Dillon Doster Douglas Farmer Farrar Gay Gaynor Gignilliat Gunter Hall Harrington

Harris, J. F. Harris, J. R. Harrison Henderson Hood Howard Jenkins Kirksey Laite Lambros Lane, Dick Lane, W. J. Leggett Leonard Le vitas Lovell Magoon Mason Matthews, C. Mauldin McDaniell Moore, Don C. Moore, J. H. Murphy Nash Nessmith Newton

Northcutt Paris Parker, H. W. Parrish Peterson Poss Roach Rowland Rush Savage Shanahan Simmons Smith, G. W. Smith, J. R. Smith, W. L. Snow Stalnaker Steis Sullivan Tye Vaughan, D. N. Ward Wells Whaley Williams Wilson, J. M. Wood

Those voting in the negative were Messrs.:

Alexander Anderson Ballard Barfield Berry, C. E. Black Bond

Bray Brown, C. Buck Busbee Caldwell Gates Cato

Clarke Cole Collins, M. Dailey Daugherty Davis DeLong

1066
Dent Dodson Dollar Dorminy Edwards Egan Fallin Funk Gary Grahl Graves Grier Harris, R. W. Hill Holder Hutchinson Johnson, A. S. Joiner Jones, M. Jordan, G. Jordan, W. H. Kaylor Knapp

JOURNAL OF THE HOUSE,

Lambert Land Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lowrey Matthews, D. R. Maxwell McClatchey Melton Merritt Miller Mixon Moate Mullinax Oglesby Otwell Palmer Parker, C. A. Pickard Potts Ragland

Rainey Reaves Richardson Ross Russell Scarlett Sherman Shields Sims Smith, V. T. Starnes Sweat Thompson, A. W. Threadgill Townsend Tucker Walling Wamble Westlake Wiggins Wilson, R. W. Winkles

Those not voting were Messrs.:

Bennett Blalock Branch Brantley, H. H. Brantley, H. L. Brown, B. D. Cook Cox Crowe, William Dixon Fleming Floyd

Hadaway Hale Hamilton Hargrett Higginbotham Howell Johnson, B. Jones, C. M. Malone McCracken Moreland

Nimmer Odom Pafford Phillips Shuman Thompson, R. Turner Underwood Vaughn, C. R. Ware Mr. Speaker

On the adoption of the amendment, the ayes were 82, nays 89.

The amendment was lost.
The following amendment was read: Messrs. Simmons of the 9th & Colwell of the 5th moves to amend
Committee substitute to H. B. No. 1226 as follows: By striking the following:

WEDNESDAY, FEBRUARY 7, 1968

1067

"District No. 4: Fannin & Gilmer--1 Representative.",

and inserting in lieu thereof the following:

"District No. 4: Fannin, Gilmer, Union, Lumpkin & Dawson-- 2 Representatives."

By striking from quoted District No. 5 the following:

"Lumpkin, Union".

And, by striking from quoted District No. 11 the following:

"Dawson".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Barber Battle Berry, J. K. Bostick Bowen Games Cheeks Collins, J. P. Colwell Conner Cooper, B. Cooper, J. R. Crowe, W. J. Dean Dickinson Dillon Doster Douglas Egan Farmer Farrar Gay Gaynor Gignilliat

Gunter Hall Harris, J. F. Harris, J. R. Harrison Hood
Howard Johnson, B. Kirksey Laite Lambros Lane, Dick Lane, W. J. Leggett Levitas Lovell Magoon Mason Mauldin McDaniell Moore, Don C. Moore, J. H.
Murphy Nash Nessmith

Newton Paris Parker, H. W. Parrish Peterson Poss Rainey Roach Rush Shanahan Shuman Simmons Smith, J. R. Smith, W. L. Stalnaker Steis Sullivan Townsend Tye Underwood Vaughan, D. N. Ward Whaley Williams Wilson, J. M .

Those voting in the negative were Messrs.:

Alexander Anderson Ballard

Barfield Berry, C. E. Black

Blalock Bond Brown, B. D.

1068
Brown, C. Busbee Caldwell Gates Cato Chandler Clarke Cole Collins, M. Dailey Daugherty Davis DeLong Dent Dodson Dollar Tallin Funk Gary Grahl Graves Grier Hamilton Harrington Harris, R. W. Higginbotham Hill Hutchinson Jenkins Johnson, A. S.

JOURNAL OP THE HOUSE,

Joiner Jones, M. Jordan, G. Jordan, W. H. Kaylor Knapp Lambert Land Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lowrey Matthews, C. Matthews, D. R. Maxwell McClatchey Melton Merritt Miller Mixon Moate Mullinax Oglesby Otwell Pafford Palmer Parker, C. A. Pickard

Potts Ragland Reaves Richardson Ross Rowland Russell Savage Scarlett Sherman Shields Sims Smith, G. W. Smith, V. T. Snow Starnes Sweat Thompson, A. W. Threadgill Tucker Vaughn, C. R. Walling Ware Westlake Wiggins Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Bennett Branch Brantley, H. H. Brantley, H. L. Bray Buck Cook Cox Crowe, William Dixon Dorminy

Edwards Fleming Floyd Hadaway Hale Hargrett Henderson Holder Howell Jones, C. M. Malone

McCracken Moreland Nimmer Northcutt Odom Phillips Thompson, R. Turner Wamble Wells Mr. Speaker

On the adoption of the amendment, the ayes were 75, nays 97.

The amendment was lost.

The following amendment was read:

WEDNESDAY, FEBRUARY 7, 1968

1069

Mr. Colwell of the 5th moves to amend Committee substitute to HB 1226 by striking from District 5 the word "Rabun" and inserting the word "White", and striking the word "White" from District #6, and inserting "Rabun".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Anderson Ballard Barber Barfield Battle Berry, C. E. Black Blalock Bostick Bowen Brantley, H. L. Brown, B. D. Carnes Cheeks Cole Collins, J. P. Colwell Conner Cooper, B. Cooper, J. R. Crowe, W. J. Dean Dickinson Dillon Doster Douglas Edwards Farmer Farrar Gay Gaynor Gignilliat Grahl Graves Hall

Hamilton Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Hill Hood Howard Johnson, B. Jones, M. Kirksey Laite Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leggett Leonard Levitas Longino Lovell Lowrey Magoon Mason Matthews, C. McDaniell Mullinax Murphy Nash Nessmith Newton Northcutt Otwell Paris Parker, H. W.

Parrish Peterson Poss Potts Rainey Richardson Roach Rowland Rush Savage Scarlett Shanahan Shuman Simmons Smith, G. W. Smith, J. R. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Sweat Townsend Turner Tye Underwood Vaughan, D. N. Ward Ware Wells Westlake Whaley Williams Wilson, J. M. Wood

Those voting in the negative were Messrs.:

Alexander Berry, J. K. Brown, C. Caldwell

Gates Cato Chandler Clarke

Collins, M. Dailey Daugherty Davis

1070
DeLong Dent Dixon Dodson Dollar Dorminy Fleming Funk Gary Grier Gunter Hargrett Higginbotham Hutchinson Jenkins Johnson, A. S. Joiner Jordan, G.

JOURNAL OF THE HOUSE,

Jordan, W. H. Kaylor Knapp Lambert Land Lee, W. S. Lewis Matthews, D. R. Mauldin Maxwell McClatchey McCraeken Merritt Miller Mixon Moore, Don C. Moore, J. H. Nimmer

Oglesby Palmer Parker, C. A. Pickard Reaves Ross Sherman Shields Sims Thompson, A. W. Threadgill Tucker Walling Wiggins Wilson, R. W. Winkles

Those not voting were Messrs.:

Bennett Bond Branch Brantley, H. H. Bray Buck Busbee Cook Cox Crowe, William Egan

Fallin Floyd Hadaway Hale Harrington Holder Howell Jones, C. M. Malone Melton Moate

Moreland Odom Pafford Phillips Ragland
Russell Smith, V. T. Thompson, R.
Vaughn, C. R. Wamble Mr. Speaker

On the adoption of the amendment, the ayes were 108, nays 64.

The amendment was adopted. The following amendment was read:

Mr. Caldwell of the 51st moves to amend Committee substitute to HB 1226 by changing the word "Lethonia" to "Lithonia" in District 74, and by changing the words "Edgewood B" to "Edgewood A" in District 76, and by changing the words "Mason Hill" to "Mason Mill" in District 77.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

WEDNESDAY, FEBRUARY 7, 1968

1071

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Battle Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cooper, J. R. Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards Egan
Fallin Farmer Farrar

Fleming Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham Hill Holder Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Longino Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin
Maxwell McClatchey

McCracken
Melton Merritt Miller
Mixon Moate Moore, Don C. Moore, J. H.
Mullinax Murphy Nash Nessmith Newton Nimmer
Northcutt Oglesby Otwell Pafford Palmer
Paris Parker, C. A. Parker, H. W.
Parrish Phillips Pickard Poss Potts Ragland
Rainey Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Shernian Shields
Shuman Sims Smith, G .W. Smith, J. R. Smith, V. T. Smith, W. L.
Snow Starnes
Steis Sullivan Sweat Thompson, A. W. Threadgill

1072
Townsend Tucker Turner Underwood Vaughan, D. N. Vaughn, C. R.

JOURNAL OF THE HOUSE,

Walling Wamble Ward Ware Wells Westlake

Whaley Wiggins Wilson, J. M. Wilson, R. W. Winkles Wood

Those voting in the negative were Messrs.:

Cooper, B.

Tye

Lovell

Williams

Those not voting were Messrs.:

Bennett Brantley, H. H. Cook Cox Crowe, William Floyd Hadaway

Hale Henderson Hood Howard Howell Jones, C. M. McDaniell

Moreland Odom Peterson Simmons Stalnaker Thompson, R. Mr. Speaker

On the adoption of the amendment, the ayes were 180, nays 4.

The amendment was adopted.

The following amendment was read:
Mr. Otwell of the 10th moves to amend Committee substitute to HB 1226 by striking Hall from District 11 and setting up Forsyth and Dawson as a new District 11 with one Representative and renumbering Hall County with three Representatives as District 12.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Barber Battle Berry, J. K. Black Bostick Bowen

Games Chandler Cheeks Collins, J. F. Colwell Conner Cooper, B.

Cooper, J. R. Crowe, W. J. Daugherty Dean Dickinson Doster Douglas

Farmer Gaynor Gignilliat Gunter Hall Hargrett Harrington Harrison Henderson Howard Jenkins Lane, W. J. Leggett Levitas Lovell Magoon Mason

WEDNESDAY, FEBRUARY 7, 1968

1073

Matthews, C. Mauldin McDaniell Moore, Don C. Murphy Nash Nessmith Northcutt Otwell Pafford Paris Parker, C. A. Parker, H. W. Parrish Poss Rainey Rush

Shuman Simmons Smith, G. W. Smith, W. L. Stalnaker Sullivan Sweat Tye Vaughan, D. N. Ward Wells Whaley Williams Wilson, J. M. Wood

Those voting in the negative were Messrs.:

Alexander Anderson Ballard Barfield Berry, C. E. Blalock Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Gates Cato Clarke Cole Collins, M. Dailey Davis DeLong Dent Dillon Dodson Dollar Dorminy Edwards Egan Fallin Farrar Funk Gary Grahl Graves Grier Harris, J. F.

Harris, J. R. Harris, R. W. Higginbotham Hill Howell Hutchinson Johnson, A. S. Johnson, B. Joiner Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Laite Lambert Lambros Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Lowrey Matthews, D. R. Maxwell McClatchey McCracken Melton Merritt Miller Mixon Moate Moore, J. H. Mullinax

Oglesby Palmer Phillips Pickard Potts Ragland Reaves Richardson Ross Rowland Russell Savage Scarlett Shanahan Sherman Shields Smith, J. R. Smith, V. T. Snow Starnes Steis Thompson, A. W. Threadgill Townsend Tucker Underwood Vaughn, C. R. Walling Wamble Ware Westlake Wiggins Wilson, R. W. Winkles

1074

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Bennett Bond Branch Brantley, H. H. Brantley, H. L. Cook Cox Crowe, William Dixon Fleming Floyd

Gay Hadaway Hale Hamilton Holder Hood Jones, C. M. Knapp Land Malone Moreland

Newton Nimmer Odom Peterson Roach Sims Thompson, R. Turner Mr. Speaker

On the adoption of the amendment, the ayes were 70, nays 104.

The amendment was lost.

The following amendment was read.
Mr. Conner of the 77th moves to amend Committee substitute to HB 1226 as follows:
By striking the following:
"District No. 56. Jeff Davis & Appling--1 Representative.
"District No. 57. Bacon & Pierce--1 Representative"
and inserting in lieu thereof the following:
"District No. 56. Jeff Davis, Appling, Bacon & Pierce-- 2 Representatives"
and by renumbering District Nos. 58 through 118 as District Nos. 57 through 117.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Alexander Battle Berry, J. K. Blalock

Bond Bowen Brown, B. D. Brown, C.

Busbee Conner Crowe, W. J. Daugherty

WEDNESDAY, FEBRUARY 7, 1968

1075

Dean DeLong Dent Dillon Doster Douglas Fallin Farrar Gary Gaynor Gignilliat Grier Harris, J. R. Harris, R. W. Higginbotham Holder Howell

Hutchinson Jenkins Lambert Lambros Lane, Dick Lee, W. J. (Bill) Leggett Leonard Levitas Longino Magoon Mason Mauldin McClatchey Moore, J. H. Nash Paris

Parker, C. A. Phillips Rainey Savage Scarlett Shanahan Sims Smith, V. T.
Snow Starnes Steis Turner Ware Westlake Wiggins Winkles Wood

Those voting in the negative were Messrs.:

Adams Anderson Ballard Barber Barfield Bennett Berry, C. E.
Black Bostick Bray Buck Games Cato Chandler Cheeks Clarke Cole Colwell Cooper, B. Cooper, J. R. Dailey Davis Dickinson Dixon Dodson Dollar Dorminy Edwards Egan Farmer Fleming Funk Grahl Graves Hall Hamilton

Hargrett Harrington Harris, J. F. Harrison Henderson Hill Howard Johnson, A. S. Joiner Jordan, G. Kaylor Kirksey Knapp Laite Land Lane, W. J. Lee, W. S. Lewis Lovell Lowrey Malone Matthews, C. Matthews, D. R. Maxwell McDaniell Miller Mixon Moore, Don C. Murphy Newton Nimmer Oglesby Otwell Pafford Palmer Parker, H. W.

Parrish Peterson Poss Potts Ragland Reaves Richardson Roach Ross Rowland Rush Russell Sherman Shields Shuman Simmons Smith, G. W. Smith, J. R. Smith, W. L. Sullivan Sweat Thompson, A. W. Threadgill Townsend Tucker
Tye Underwood Vaughan, D. N. Walling Wamble Ward Wells Whaley Williams Wilson, J. M. Wilson, R. W.

1076

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Branch Brantley, H. H. Brantley, H. L. Caldwell Cates Collins, J. F. Collins, M. Cook Cox Crowe, William Floyd Gay

Gunter Hadaway Hale Hood Johnson, B. Jones, C. M. Jones, M. Jordan, W. H. McCracken Melton Merritt Moate

Moreland Mullinax Nessmith Northcutt Odom Pickard Stalnaker Thompson, R. Vaughn, C. R. Mr. Speaker

On the adoption of the amendment, the ayes were 63, nays 108.

The amendment was lost.

Mr. Nessmith of the 64th stated that he had been called from the floor of the House when the vote was taken on the amendment by Mr. Conner of the 77th, but had he been present would have voted "nay".

The following amendment was read and adopted.
Mr. Caldwell of the 51st moves to amend the Committee susbtitute to HB 1226 as follows:
By striking the following:
" 'District No. 85. All that portion of Muscogee County lying south of the centerline of 17th Street and Macon Road.--2 Repre sentatives.
'District No. 86: All that portion of Muscogee County lying north of the centerline of 17th Street and Macon Road.--2 Repre sentatives.",
and inserting in lieu thereof the following:
"'District No. 85: That portion of Muscogee County, more particularly described as follows:
That area south of a point where the centerline of 17th Street intersects the Chattahoochee River and running thence in an easter ly direction along the centerline of said 17th Street to the centerline of Dell Drive and running thence south along the centerline of Dell Drive to the south line of Macon Road and running thence in

WEDNESDAY, FEBRUARY 7, 1968

1077

an easterly direction along the south line of said Macon Road to the boundary line of the Fort Benning Military Reservation, and thence easterly along the said Reservation line to the east line of said county.--2 Representatives.

'District No. 86: That portion of Muscogee County, more par ticularly described as follows:

That area north of a point where the centerline of 17th Street intersects the Chattahoochee River and running thence in an east erly direction along the centerline of said 17th Street to the centerline of Dell Drive and running thence south along the centerline of Dell Drive to the south line of Macon Road and running thence in an easterly direction along the south line of said Macon Road to the boundary line of the Fort Benning Military Reservation, and thence easterly along the said Reservation line to the east line of Muscogee County.--2 Representatives. "

The following amendment was read:
Messrs. Parker of 55th, Newton of 50th, Nessmith of 64th, and Lane of 64th move to amend the Committee Substitute to HB 1226 as follows:
By striking from the quoted language of Section 1 the following:
"District No. 44: Bulloch, Jenkins, Screven and Effingham-- 3 Representatives.",
and inserting in lieu thereof the following:
"District No. 44: Jenkins and Screven--1 Representative
Dictrict No. 45: Bulloch and Effingham--2 Representatives."
By renumbering Districts 45 through 118, as defined in quoted language of Section 1, as Districts 46 through 119, respectively.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Barber Battle Berry, C. E. Berry, J. K. Black Bostick

Bowen Brantley, H. L. Bray Chandler Cheeks Clarke

Collins, J. F. Colwell Cooper, B. Dean Dickinson Dixon

1078
Doster Douglas Farmer Farrar Gay Gaynor Gignilliat Hall Hargrett Harrington Harrison Henderson Higginbotham Howard Hutchinson Johnson, B. Kirksey Laite Land Lane, W. J.

JOURNAL OF THE HOUSE,

Leggett Levitas Lewis Lovell Magoon Matthews, C. Matthews, D. R. Mauldin McDaniell Moore, Don C. Moore, J. H. Murphy Nessmith Newton Northcutt Otwell Pafford Paris Parker, C. A. Parker, H. W.

Parrish Phillips Poss Rowland Rush Russell Savage Shuman Simmons Smith, W. L. Sweat Turner Tye Ward Wells Whaley Williams Wilson, J. M. Wood

Those voting in the negative were Messrs.:

Adams Alexander Anderson
Ballard Barfield Bennett Blalock Bond
Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Cole Cook Cooper, J. R. Dailey Davis DeLong Dent Dillon Dodson Dollar Edward* Egan Fallin Gary Grahl Graves

Grier Gunter Harris, J. F. Harris, J. R. Hill Holder
Howell Jenkins
Johnson, A. S. Joiner Jones, M. Jordan, G. Kaylor Knapp Lambert Lambros Lane, Dick Lee, W. S. Leonard Lowrey Mason Maxwell McClatchey McCracken Melton Merritt Miller Mixon Nash Nimmer Oglesby Palmer

Pickard Potts Ragland Rainey Reaves Richardson Roach Ross Scarlett Shanahan Sherman Shields Sims Smith, G. W. Smith, J. R. Smith, V. T. Snow Starnes Steis Thompson, A. W. Threadgill Townsend Tucker Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Westlake Wiggins Wilson, R. W. Winkles

WEDNESDAY, FEBRUARY 7, 1968

1079

Those not voting were Messrs.:

Branch Brantley, H. H. Collins, M. Conner Cox
Crowe, William Crowe, W. J. Daugherty
Dorminy Fleming
Floyd

Funk Hadaway Hale Hamilton Harris, R. W.
Hood Jones, C. M. Jordan, W. H.
Lee, W. J. (Bill) Longino
Malone

Moate Moreland Mullinax Odom Peterson
Stalnaker Sullivan Thompson, R.
Ware Mr. Speaker

On the adoption of the amendment, the ayes were 77, nays 96.

The amendment was lost.

Mr. Leggett of the 21st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning.

On the motion to adjourn, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Battle Bowen Gunter Leggett

Magoon Moore, Don C. Poss

Those voting in the negative were Messrs.:

Adams
Alexander Anderson Ballard Barber
Barfield Berry, C. E.
Berry, J. K. Black Blalock Bond
Branch
Brantley, H. L. Bray

Brown, B. D.
Brown, C. Buck Busbee Caldwell
Games Gates
Cato Chandler Cheeks Clarke
Cole
Collins, J. F. Collins, M.

Shuman Simmons Ward
Colwell Cook Cooper, B. Cooper, J. R. Crowe, W. J. Dailey Daugherty Davis DeLong Dent Dickinson Dillon Dixon Dodson

1080
Dollar Dorminy Doster Douglas Edwards Egan Fallin Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham Hill Holder Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp

JOURNAL OF THE HOUSE,

Laite Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lovell Lowrey Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken Melton Merritt Miller Mixon Moate Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson

Phillips Pickard Potts Ragland Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Sims Smith, J. R. Smith, V. T. Smith, W. L. Snow Starnes Sullivan Sweat Thompson, A. W. Threadgill Townsend Tucker Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ware Wells Westlake Whaley Wiggins Williams Wilson, R. W.

Those not voting were Messrs.:

Bennett Bostick Brantley, H. H. Conner Cox Crowe, William Dean Hadaway Hale

Henderson Hood Howard Jones, C. M. Malone McDaniell Moore, J. H. Moreland

Odom Rainey Smith, G. W. Stalnaker Steis Thompson, R. Wilson, J. M. Mr. Speaker

WEDNESDAY, FEBRUARY 7, 1968 On the motion, the ayes were 10, nays 170.

1081

The motion was lost.

The following amendment was read:
Mr. Lovell of the 6th moves to amend the Committee Substitute to H. B. No. 1226 as follows:
By striking the following:
"District No. 5: Lumpkin, Rabun, Towns & Union--1 Repre sentative.
"District No. 6: Habersham, Stephens & White--2 Represen tatives.",
and inserting in lieu thereof the following:
"District No. 5: Lumpkin, Rabun, Towns, Union, Habersham, Stephens & White--3 Representatives."
And, by renumbering Districts No. 7-117 as Districts No. 6-116 re spectively.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Berry, J. K. Bostick Bowen Carnes Cooper, B. Dillon Doster Douglas Gay Harrison Henderson Howard

Leggett Lovell Magoon Murphy Nessmith Northcutt Paris Parker, H. W. Parrish Peterson Poss

Potts Rainey Rush Russell Shields Simmons Stalnaker Steis Ward Whaley Wilson, J. M.

Those voting in the negative were Messrs.:

Adams Alexander Anderson Ballard

Barber Barfield Battle Berry, C. E.

Black Blalock Branch Bray

1082
Brown, C. Buck Busbee Caldwell Gates Cato Chandler Clarke Cole Collins, M. Colwell Cook Cooper, J. R. Crowe, W. J. Dailey Daugherty Davis DeLong Dent Dickinson Dixon Dodson Dollar Edwards Egan Fallin Farmer Farrar Floyd Gary Gaynor Gignilliat Grahl Graves Grier Gunter Hale Hall Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Higginbotham

JOURNAL OF THE HOUSE,

Hill Holder Hood Hutchinson Jenkins Joiner Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Lowrey Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moore, Don C. Moore, J. H. Mullinax Nash Newton Nimmer Oglesby Otwell

Pafford Palmer Parker, C. A. Phillips Pickard Ragland Reaves Richardson Roach Ross Rowland Savage Scarlett Shanahan Sherman Shuman Sims Smith, G. W. Smith, V. T. Smith, W. L. Snow Starnes Sullivan Sweat Thompson, A. W. Threadgill Townsend Tucker Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Wells Westlake Wiggins Williams Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Bennett Bond Brantley, H. H. Brantley, H. L. Brown, B. D. Cheeks Collins, J. F. Conner

Cox Crowe, William Dean Dorminy Fleming Funk Hadaway Hamilton

Howell Johnson, A. S. Johnson, B. Jones, C. M. Longino Malone Moate Moreland

WEDNESDAY, FEBRUARY 7, 1968

1083

Odom Smith, J. R.

Thompson, R. Ware

Mr. Speaker

On the adoption of the amendment, the ayes were 34, nays 142.

The amendment was lost.

The Committee substitute, as amended, was adopted.

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, by substitute, as amended, the roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Bennett Berry, C. E. Black Blalock Bond Brantley, H. L. Bray Brown, B. D. Brown, C. Busbee Caldwell Games Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Conner Cook Cooper, B.

Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Dodson Dollar Dorminy Douglas Edwards Egan Farmer Farrar Fleming Floyd Funk Gary Grahl Graves Grier Hale Hall Hamilton Hargrett Harrington Harris, J. F.

Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Holder Howell Hutchinson Jenkins Johnson, B. Joiner Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambert Lambros Land Lane, Dick Lee, W. J. (Bill)
Lee, W. S. Leonard Levitas Lewis Longino Lowrey Magoon

1084
Malone Mason Matthews, C. Mauldin Maxwell McClatchey McCracken Melton Merritt Miller Mixon Moate Moore, J. H. Mullinax Murphy Nash Nessmith Nimmer Northcutt Oglesby Palmer Paris

JOURNAL OF THE HOUSE,

Parker, C. A. Phillips Pickard Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Russell Savage Scarlett Shanahan Sherman Shields Sims Smith, G. W. Smith, V. T. Snow Starnes

Steis Sullivan Sweat Thompson, A. W. Threadgill Townsend Tucker Turner Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Wells Westlake Wiggins Wilson, J. M. Wilson, R. W. Winkles

Those voting in the negative were Messrs.:

Battle Berry, J. K. Bowen Buck Colwell Cooper, J. R. Crowe, W. J. Dixon Doster Fallin Gay Gaynor Gignilliat Gunter

Hill Howard Johnson, A. S. Jones, M. Lane, W. J. Leggett Lovell Matthews, D. R. McDaniell Moore, Don C. Newton Otwell Pafford

Parker, H. W. Parrish Poss Rush Shuman Simmons Smith, J. R. Smith, W. L. Stalnaker Tye Whaley Williams Wood

Those not voting were Messrs.:

Bostick Branch Brantley, H. H. Cox Crowe, William

Hadaway Hood Jones, C. M. Moreland Odorn

Peterson Thompson, R. Ware Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 151, nays 40.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

WEDNESDAY, FEBRUARY 7, 1968

1085

Mr. Ware of the 42nd stated that he had been called from the floor of the House when the roll was called on HB 1226, by substitute, as amended, but had he been present would have voted "Aye".

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

HE 616. By Messrs. Farmer and Matthews of the 29th, Smith of the 114th, Graves of the 13th, Dodson of the 107th and many, many others:
A RESOLUTION
Extending congratulations to Honorable Anthony Wallace Cato on his thirtieth birthday; and for other purposes.
WHEREAS, Honorable Anthony Wallace Cato, the gentleman from Decatur County, celebrated his thirtieth birthday on Tuesday, February 6, 1968; and
WHEREAS, he has performed an outstanding job as a member of the General Assembly and he is a member of the Special Judiciary Com mittee, the Agricultural Committee, and the University System of Geor gia Committee; and
WHEREAS, he is a graduate from the University of Georgia School of Law and is one of the outstanding trial lawyers in this State; and
WHEREAS, he is an outspoken advocate for the people of his dis trict and for this great State; and
WHEREAS, his advice and counsel are highly valued by the other members of this body and he is known as one of the most able legislators in the General Assembly.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest congratulations are hereby ex tended to Honorable Anthony Wallace Cato for his thirtieth birthday, and the members of this body wish for him a long and successful life and many more terms in the House of Representatives.
BE IT FURTHER RESOLVED that the Clerk of the House is here by instructed to transmit a suitable copy of this Resolution to Honorable Anthony Wallace Cato.

SR 202. By Senators Coggin of the 35th and Rowan of the 8th:
A RESOLUTION
Amending House Resolution No. 418, relative to adjournment; and for other purposes.

1086

JOURNAL OF THE HOUSE,

BE IT RESOLVED BY THE SENATE, the House of Representa tives concurring, that House Resolution No. 418, adopted at the regular 1968 session, is hereby amended by striking the following:

"that the General Assembly do adjourn on February 9, 1968, at 12:30 o'clock p.m., and reconvene on February 19, 1968, at 10:00 o'clock a.m.",

and inserting in lieu thereof the following:

"that the General Assembly do adjourn on February 9, 1968, at 2:00 o'clock p.m., and reconvene on February 12, 1968, at 10:00 o'clock a.m.".

Mr. Busbee of the 79th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

THURSDAY, FEBRUARY 8, 1968

1087

Representative Hall, Atlanta, Georgia Thursday, February 8, 1968.

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

The following prayer was offered by Father Jerry Hardy, Cathedral of Christ the King, Atlanta, Georgia:
Father, we know you love us because you have done so much for us. Please accept our inadequate thanks. But we know, too, that we must continue to ask for your blessings because we depend on you for all good things.
Please hear us.
Grant our state a renewed moral fibre that will weld us together as Americans in justice, honesty and Peace. Give our State leaders and their Representatives insight, wisdom and vision like that which you gave to Solomon so that they can guide us with decisiveness through the challenges that are our dignity. Stretch the horizons of their con cern beyond the limits of their own Districts so that they discern what is good for all. Implant in all of us as a people a deeper understanding of our common brotherhood with You as our Father and help us to live, work, love and sacrifice with openness and sensitivity to our individual responsibilities.
We have placed our trust in these men.
They have placed their trust in You.
Let none of us be disappointed.

By unanimous consent the call of the roll was dispensed with.

Mr. Black of the 56th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:

1088

JOURNAL OF THE HOUSE,

1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

The following report of the Committee on Rules was read and adopted: Mr. Speaker:

Your Committee on Rules met and fixed the calendar for Thursday, Febru ary 8, 1968, and submits the following:
HB 813. Private parking areas, illegally parked. HB 849. Board of Recreation Examiners. HB 862. Municipalities, grants, quarterly basis. HB 869. Counties--grants; State disburse quarterly basis. HB 889. Superior Court Clerks, recording fees. HB 931. G B I, Clothing allowance. HB 935. Subsidiary Corporations, capital stock. HB 938. Banking service, corporate powers. HB 939. Banking law, common stock. HB 980. Highway Director, functions and duties. HB 987. Highway Director, qualifications. HB 992. Hauling of timber, lumber, highways. HB 1144. Simulated court process, prohibit use to collect debt. HB 1178. Political Party Conventions, rules. HB 1198. Equal Pay, Male and Female. HR 217-712. Revenue bonds, student loans. HR 382-867. Impeachment, Mrs. Rebecca L. Garrett. HR 414-923. Create Committee, Urban and Municipal Affairs. SB 151. Municipal primaries, Election Code. SB 203. Workmen's Compensation; procedure and settlements. SB 234. Department of Air Transportation. SR 146. Pertaining to Uniform Time.

THURSDAY, FEBRUARY 8, 1968

1089

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted,
Busbee of the 79th,
Vice-Chairman.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

HB 1310. By Mr. Murphy of the 26th:
A Bill to be entitled an Act to amend an Act so as to provide that the City of Bremen shall have the power to condemn land lying out side its corporate limits for sewer and water purposes; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1311. By Messrs. Clarke of the 45th, Buck of the 112th, DeLong of the 105th, Snow of the 1st and Dodson of the 107th:
A Bill to be entitled an Act to provide that it shall be unlawful to sell visual or vocal representations depicting nudity, sexual conduct or sado masochistic abuse of the human body; and for other purposes.
Referred to the Committee on Industry.

HB 1312. By Mr. Underwood of the 61st:
A Bill to be entitled an Act relating to the practice of all branches of professional engineering, including that branch of engineering com monly known as surveying; creating a State Board of Registration for Professional Engineers and Land Surveyors, so as to require the State Board of Registration for Professional Engineers and Land Surveyors to give examinations relating to certain proficiencies; and for other purposes.
Referred to the Committee on Natural Resources.

HB 1313. By Messrs. McCracken of the 49th, Mixon of the 81st, Punk of the 116th and Underwood of the 61st:
A Bill to be entitled an Act to amend Code Section 34-1010, so as to provide that candidates for the office of presidential electors seeking to have their names placed upon the ballot through nomination petitions shall not be required to compile a separate petition for each candidate for such office, but shall compile petitions upon which an entire slate of candidates for the office of presidential electors are listed; and for other purposes.
Referred to the Committee on State of Republic.

1090

JOURNAL OP THE HOUSE,

HB 1314. By Messrs. Brantley of the 63rd and Underwood of the 61st:
A Bill to be entitled an Act to prohibit the State of Georgia, any county or municipality thereof, or any department, board, bureau, authority, or other agency of the State of Georgia, or any county or municipality therein, or any employee thereof from deducting any amount from the wages or salary of any employee for the purpose of paying dues for membership in any labor union; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 1315. By Messrs. Clarke of the 45th and Knapp of the 109th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt the sales of tangible personal property and services to certain private elementary and secondary schools from the taxes imposed by said Act; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1316. By Mr. Jordan of the 82nd:
A Bill to be entitled an Act to abolish the present Board of Education of Coffee County and to create in lieu thereof a new Board of Education for Coffee County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1317. By Mr. Jordan of the 82nd:
A Bill to be entitled an Act to amend an Act creating the office of commissioner of roads and revenues in the County of Coffee, so as to create a Board of Commissioners of Roads and Revenues of Coffee County to be composed of five members; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1318. By Mr. Brantley of the 63rd:
A Bill to be entitled an Act to create a new Board of Education of Candler County; to provide for the membership of said Board; to provide for Education Districts; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1319. By Messrs. Parker of the 68th, Williams of the 16th, Bennett of the 95th, Leggett of the 21st and Northcutt of the 35th:
A Bill to be entitled an Act to amend Code Section 92-2902, relating to motor vehicle licenses, so as to reduce the license fee for certain trucks; and for other purposes.
Referred to the Committee on Motor Vehicles.

THURSDAY, FEBRUARY 8, 1968

1091

HB 1320. By Mr. Doster of the 73rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of McRae, so as to establish further election laws for said City and modify other existing laws; and for other purposes.
Referred to the Committee on Local Affairs.

HR 614-1320. By Mr. Harris of the 85th:
A Resolution compensating Mr. Morris Kammer and his wife, Mrs. Irene Kammer; and for other purposes.
Referred to the Committee on Appropriations.

HR 615-1320. By Mr. Jordan of the 82nd:
A Resolution to compensate Mrs. Louie Mae Green; and for other purposes.
Referred to the Committee on Appropriations.

HB 1321. By Mr. Underwood of the 61st:
A Bill to be entitled an Act to amend an Act relating to the practice of all branches of professional engineering, including that branch of engineering commonly known as surveying; creating a State Board of Registration for Professional Engineers and Land Surveyors, so as to provide additional requirements of persons appointed to said Board; to change the provisions relating to qualifications of applicants for certificates of registration as professional engineers based upon ex perience; and for other purposes.
Referred to the Committee on Natural Resources.

HB 1322. By Messrs. Wilson and Knapp of the 109th and Dodson of the 107th:
A Bill to be entitled an Act to provide that the State Highway Depart ment shall continue to use road mileage figures in annexed territory when determining State highway grants to counties until the popula tion figures in such annexed territory have been added to the com putation for grants to municipalities; and for other purposes.
Referred to the Committee on Highways.

HB 1323. By Messrs. Wiggins and Threadgill of the 32nd:
A Bill to be entitled an Act to provide for the election of the members of the Board of Education of Carroll County; to provide for number ing positions on the Board; and for other purposes.
Referred to the Committee on Local Affairs.

1092

JOURNAL OF THE HOUSE,

HB 1324. By Messrs. Wiggins and Threadgill of the 32nd:
A Bill to be entitled an Act to provide for the appointment of the School Superintendent of Carroll County by the Board of Education of Carroll County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1325. By Mr. Clarke of the 45th:
A Bill to be entitled an Act to create a State Building Administrative Board; to provide for membership of the Board; to authorize the Board to adopt a standard housing code, a standard building code, a standard plumbing code, a standard electrical code, and a standard gas code; and for other purposes.
Referred to the Committee on Industry.

HB 1326. By Mr. Bostick of the 93rd:
A Bill to be entitled an Act to establish an Airport Authority for Tift County to be known as the "Tift County Airport Authority"; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1327. By Messrs. Howard and McDaniell of the 101st:
A Bill to be entitled an Act to amend Code Section 47-102, relating to senatorial districts, so as to include the Mt. Harmony (1900) militia district (Cobb County) within the 32nd Senatorial District; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1328. By Messrs. Jenkins, Westlake and Davis of the 119th, Walling of the 118th, Palmer and Malone of the 117th:
A Bill to be entitled an Act to amend Code Section 79A-9911, relating to the violation of the Uniform Narcotic Drug Act and the punishment therefor, so as to change the provisions relating to the punishment for such violation; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 1329. By Messrs. Jenkins, Davis and Westlake of the 119th, Palmer, Smith and Malone of the 117th:
A Bill to be entitled an Act to amend Code Section 13-9933, so as to provide that a person making or delivering a worthless check, draft or order for the payment of money, who receives money or other thing

THURSDAY, FEBRUARY 8, 1968

1093

of value in excess of a certain amount as a result thereof, shall be guilty of a felony; and for other purposes.
Referred to the Committee on State of Republic.

HB 1330. By Messrs. Cook of the 123rd, Gaynor of the 114th and Sullivan of the 95th:
A Bill to be entitled an Act to provide for the protection of the public health and welfare and to conserve and protect the water resources of the state; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 1331. By Messrs. Lee, Gary and Northcutt of the 35th:
A Bill to be entitled an Act to authorize the governing authority of Clayton County to adopt ordinances and regulations to regulate and control junkyards along certain highways in Clayton County; and for other purposes.
Referred to the Committee on Local Affairs.

By unanimous consent, the rules were suspended in order that the following Resolution of the House could be introduced, read the first time and referred to the committee:

HR 625-1354. By Messrs. Hill of the 121st, Brantley of the 139th and Lane of the 126th:
A Resolution proposing an amendment to the Constitution so as to pro vide that no municipal corporation may annex unincorporated areas contiguous to the existing corporate limits at the time of such annexa tion until a referendum has been conducted in the area proposed to be annexed and a majority of the electors voting in such election approve such annexation; and for other purposes.
Referred to Committee on Special Judiciary.

By unanimous consent, the following Bills and Resolutions of the House were read the second time:

HB 1289. By Messrs. Mullinax of the 42nd, Rainey of the 69th, Dixon of the 83rd, Dickinson of the 27th, Busbee of the 79th and Hall of the 67th:
A Bill to be entitled an Act providing for licensing farms for the commercial production of alligators; to provide for a license fee; to authorize the State Game and Fish Commission to regulate such farms; and for other purposes.

1094

JOURNAL OF THE HOUSE,

HB 1290. By Messrs. Bennett of the 95th, Howell of the 86th, Nimmer of the 84th, Wells of the 30th, Matthews of the 29th and others:
A Bill to be entitled an Act to provide for the classification of motor vehicles as a separate and distinct class of tangible property for ad valorem tax purposes and to adopt a different rate, method of assess ment and dates of assessment for such property pursuant to Article VII, Section I, Paragraph III of the Constitution; and for other pur poses.

HB 1291. By Messrs. Bennett of the 95th, Lambros of the 130th, Carnes of the 129th, Cato of the 89th, Vaughan of the 14th and others:
A Bill to be entitled an Act to amend Code Section 36-605, relating to the payment of costs of condemnation proceedings, so as to change the responsibility for payment of costs and fees; and for other purposes.

HB 1292. By Mr. Savage of the 58th:
A Bill to be entitled an Act to amend Code Section 109A-2-316 of the "Uniform Commercial Code", so as to exclude from the application of the implied warranties of merchantability and fitness for particular purposes the procurement, processing, storage, distribution or use of whole human blood, blood plasma, blood products, blood derivatives or other human tissue or organs for the purpose of injecting, transfusing, incorporating or transplanting any of them into the human body; and for other purposes.

HB 1293. By Messrs. Hargrett of the 77th, Rainey of the 69th and Mullinax of the 42nd:
A Bill to be entitled an Act to amend an Act revising, consolidating and superseding the laws of this State relative to Game and Fish, so as to eliminate alligator hunting licenses for non-residents; and for other purposes.

HB 1294. By Mr. Roach of the 15th:
A Bill to be entitled an Act to encourage and promote medical and scientific research and the establishment of medical research facilities and the development of scientific devices by exempting certain activi ties, persons, organizations and properties from building and zoning restrictions, fire regulations and requirements; and for other purposes.

HB 1295. By Mr. Wells of the 30th:
A Bill to be entitled an Act to amend an Act incorporating the Town of North High Shoals in the County of Oconee and State of Georgia, so as to change the corporate limits of said Town; and for other purposes.

THURSDAY, FEBRUARY 8, 1968

1095

HR 605-1295. By Mr. Anderson of the 71st:
A Resolution compensating Mr. Laurie M. Jones; and for other pur poses.

HR 606-1295. By Mr. Roach of the 15th:
A Resolution proposing an amendment to the Constitution so as to create the Cherokee County Airport Authority; and for other purposes.

HR 607-1295. By Messrs. Odom, Busbee, Hutchinson and Lee of the 79th:
A Resolution proposing an amendment to the Constitution so as to delegate to the respective governing authority of the City of Albany and County of Dougherty authority to merge and consolidate; and for other purposes.

HR 608-1295. By Messrs. Parker of the 68th, Harrison of the 98th, Hutchinson of the 79th, Northcutt of the 35th, Rush of the 75th, Hall of the 67th and Barber of the 24th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law increases in the retirement allowances now being paid to all beneficiaries under the Teachers' Retirement System of Georgia; and for other purposes.

HB 1296. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to amend Section 92-3120 of the Code of Georgia, so as to provide that the gain or loss on property transferred to a corporation shall be handled as provided by Section 351 of the Internal Revenue Code of 1954; and for other purposes.

HR 609-1296. By Messrs. McCracken of the 49th, Wiggins of the 32nd and Lam bert of the 38th:
A Resolution proposing an amendment to the Constitution so as to provide that the Secretary of State, Attorney General, State School Superintendent, Comptroller General, Treasurer, Commissioner of Agri culture, and Commissioner of Labor shall be elected in the same manner as the Governor, and all procedures pertaining to the election of the Governor shall apply to said officers; and for other purposes.

HB 1297. By Mr. Phillips of the 41st:
A Bill to be entitled an Act to empower the governing authority of Columbia County to construct or repair streets and sidewalks and to lay curbing, water and sewer mains and to assess the cost thereof again st the abutting property owners; and for other purposes.

1096

JOURNAL OF THE HOUSE,

HR 610-1297. By Mr. Jones of the 76th:
A Resolution compensating Mrs. Francis B. Riggins; and for other purposes.

HB 1298. By Mr. Bray of the 43rd:
A Bill to be entitled an Act to amend an Act placing the compensation of the Sheriff, the Clerk of the Superior Court, the Ordinary and the Coroner of Meriwether County on a salary basis, so as to provide that the Board of Commissioners shall have authority to determine the com pensation of the employees of the Sheriff, Superior Court Clerk and Ordinary of Meriwether County; and for other purposes.

HB 1299. By Mr. Bray of the 43rd:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend an Act incorporating the City of Manchester", so as to authorize the commissioners for the City of Manchester to adopt ordinances providing for all rules and regulations to govern municipal elections; and for other purposes.

HB 1300. By Messrs. Westlake, Jenkins, Higginbotham and Davis of the 119th, Palmer, Smith, Malone and Vaughn of the 117th, Harris, Walling, Levitas and Farrar of the 118th:
A Bill to be entitled an Act to make it unlawful for any person or per sons to wilfully make a false report of a crime; and for other purposes.

HB 1301. By Messrs. Westlake, Jenkins, Higginbotham and Davis of the 119th, Palmer, Smith, Malone and Vaughn of the 117th, Harris, Walling, Levitas and Farrar of the 118th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Rockdale County on an annual salary in lieu of the fee system of com pensation, so as to increase the number of full-time deputies the sheriff shall be authorized to appoint; and for other purposes.

HR 611-1301. By Messrs. Wilson and Henderson of the 102nd, Howard of the 101st, and Cooper of the 103rd:
A Resolution proposing an amendment to the Constitution so as to pro vide that residents of the City of Acworth who are 62 years of age or over, or who are totally disabled, and who have an income from all sources, including the income of certain members of the family not exceeding $5,000.00 per annum, shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said City; and for other purposes.

THURSDAY, FEBRUARY 8, 1968

1097

HB 1302. By Messrs. Rainey of the 69th, Grahl of the 52nd, Dickinson of the 27th, Harrison of the 98th, Doster of the 73rd and others:
A Bill to be entitled an Act to amend an Act completely and exhaustive ly revising, superseding and consolidating the laws relating to the State Game and Pish Commission, so as to provide that the ownership, jurisdiction over and control of all wildlife shall be in the State of Geor gia in its sovereign capacity; and for other purposes.

HB 1303. By Messrs. Ware of the 42nd, Dean of the 20th, Dollar of the 89th, Wood of the 16th, Berry of the 110th, Gay of the 60th, Stalnaker of the 59th and Lane of the 126th:
A Bill to be entitled an Act to amend an Act providing for a tax on each deed, instrument or other writing by which any real estate is sold, transferred or conveyed when the consideration or value of the interest or property conveyed exceed $100, so as to exempt instruments that constitute conveyances of real property to or from agencies of the United States; and for other purposes.

HB 1304. By Mr. Johnson of the 40th:
A Bill to be entitled an Act to amend an Act fixing the salary of the treasurer of Glascock County, so as to change the compensation of the treasurer; and for other purposes.

HB 1305. By Mr. Johnson of the 40th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for the County of Glascock, so as to change the compensation of the members of the board; and for other purposes.

HB 1306. By Mr. Johnson of the 40th:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Glascock into the office of tax commissioner of Glascock County, so as to change the compensation of the tax commissioner; and for other purposes.

HB 1307. By Messrs. Pallin and Matthews of the 94th:
A Bill to be entitled an Act to amend an Act creating and establishing the City Court of Colquitt County in and for the County of Colquitt, so as to change the name of said court to the Civil and Criminal Court of Colquitt County; and for other purposes.

HB 1308. By Mr. Laite of the 109th:
A Bill to be entitled an Act to amend an Act establishing a County Board of Commissioners for the County of Bibb, so as to provide districts from which commissioners shall be elected; and for other purposes.

1098

JOURNAL OF THE HOUSE,

HB 1309. By Mr. Peterson of the 59th:
A Bill to be entitled an Act to amend Code Chapter 30-1 relating to divorce, so as to provide for the waiver of service and appearance in such actions; and for other purposes.

HE 613-1309. By Mr. Dollar of the 89th:
A Resolution proposing an amendment to the Constitution so as to provide for the creation of the Bainbridge-Decatur County Beverage Control Board; and for other purposes.

Mr. Matthews of the 94th, Chairman of the Committee on Agriculture sub mitted the following report:

Mr. Speaker:

Your Committee on Agriculture has had under consideration the following Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:

SR

154. Do Pass.

SR

156. Do Pass.

SR

155. Do Pass.

HR 561-1220. Do Pass.

Respectfully submitted, Nessmith of the 64th, Chairman.

Mr. Pickard of the 112th, Chairman of the Committee on Industry submitted the following report:

Mr. Speaker:

Your Committee on Industry has had under consideration the following Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 1152. Do Pass.

HB 1195. Do Pass.

HB

557. Do Pass by Substitute.

HB

419. Do Not Pass.

THURSDAY, FEBRUARY 8, 1968

1099

HR 530-1151. Do Pass. HR 524-1104. Do Pass.

Respectfully submitted, Sweat of 83rd for Pickard of 112th, Chairman.

Mr. Harris of the 118th, Chairman of the Committee on Judiciary submitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills and Resolution of the House & Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HR 420- 932. Do Pass by Substitute.

SB

299. Do Pass.

SB

30. Do Pass by Substitute.

SB

31. Do Pass by Substitute.

SB

214. Do Pass by Substitute.

HB 1230. Do Pass as Amended.

HB 1264. Do Pass.

HB 1235. Do Pass as Amended.

HB 1237. Do Pass as Amended.

Respectfully submitted,

Harris of the 118th,

Chairman.

Mr. Clarke of the 45th, Chairman of the Committee on Local Affairs sub mitted the following report:

Mr. Speaker:

Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 607-1295. Do Pass.
HR 611-1301. Do Pass.

1100

JOURNAL OF THE HOUSE,

HE 606-1295. Do Pass.

HR 592-1241. Do Pass.

HB

1215. Do Pass.

HB

1218. Do Pass.

HB

1251. Do Pass.

HB

1268. Do Pass.

HB

1271. Do Pass.

HB

1273. Do Pass.

HB

1295. Do Pass.

HB

1297. Do Pass.

HB

1299. Do Pass.

HB

1298. Do Pass.

HB

1304. Do Pass.

HB

1305. Do Pass.

HB

1306. Do Pass.

HB

639. Do Pass by Substitute.

Respectfully submitted,

Clarke of the 45th,

Chairman.

Mr. Steis of the 100th, Chairman of the Committee on Special Judiciary sub mitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the follow ing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 866. Do Pass as Amended.
HB 1227. Do Pass. HB 395. Do Not Pass.
Respectfully submitted, Steis of the 100th, Chairman.

THURSDAY, FEBRUARY 8, 1968

1101

Mr. Chandler of the 47th, Chairman of the Committee on State Institutions and Property submitted the following report:

Mr. Speaker:

Your Committee on State Institutions and Property has had under consider ation the following Bills and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the follow ing recommendations:

HR 594-1241. Do Pass.

HR 493-1063. Do Pass.

HR

585. Do Pass.

HB

1119. Do Pass.

HB

1121. Do Pass.

SB

202. Do Pass.

SB

294. Do Pass.

Respectfully submitted,

Chandler of the 47th,

Chairman.

Mr. McCracken of the 49th, Chairman of the Committee on State of Republic submitted the following report:

Mr. Speaker:

Your Committee on State of Republic has had under consideration the follow ing Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 1012. Do Pass by Substitute.

HB 1102. Do Pass.

HR 523-1104. Do Pass.

HR 608-1295. Do Pass.

HB

920. Reported back without recommendation.

HB 1020. Do Pass by Substitute.

HR 609-1296. Do Pass.

HB 1037. Do Pass.

Respectfully submitted,

McCracken of the 49th,

Chairman.

1102

JOURNAL OF THE HOUSE,

The following message was received from the Senate through Mr. McWhorter the Secretary thereof:

Mr. Speaker:

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 969. By Messrs. Harris of the 85th, Nessmith of the 64th, Joiner of the 48th, and others:
A Bill to create the Surface Mined Land Use Board under the depart ment of Mines, Mining and Geology; and for other purposes.

The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the Senate, to-wit:

SR 173. By Senators Spinks of the 9th, Cox of the 21st, Kidd of the 25th and others: A Resolution urging the State Highway Department to place certain signs on the highways of this State which are a part of the National System of Interstate and Defense Highways; and for other purposes.
SR 187. By Senators McKenzie of the 17th, Hall of the 52nd, Eldridge of the 7th, and Knight of the 16th: A Resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to provide for a special assessment for the registration of motor vehicles whose owners do not have liability insurance; and for other purposes.
SR 193. By Senator McGill of the 24th: A Resolution authorizing the conveyance of a certain tract of Stateowned property located in Wilkes County to Wilkes County; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House, to-wit:
SB 212. By Senator Conway of the 41st: A Bill to amend an Act creating the Ocean Science Center of the Atlantic Commission, so as to vest title to all treasure and treasure trove

THURSDAY, FEBRUARY 8, 1968

1103

in the State; to provide additional powers and duties to the Commis sion; to provide procedures; to repeal conflicting laws; and for other purposes.

SB 218. By Senators Maclntyre of the 40th, Plunkett of the 30th and Abney of the 53rd:
A Bill to create the Georgia Commission on the Arts; and for other purposes.

SB 251. By Senator Smalley of the 28th:
A Bill to provide the procedure to be followed in the event the Governor orders an investigation of presentments or charges against a sheriff; to provide for a committee to conduct such investigation; to provide for the composition of any such committee; and for other purposes.

SB 267. By Senator Webb of the llth:
A Bill to amend an Act entitled "An Act to provide that, when any member or former member of the General Assembly has been employed by any political subdivision," so as to provide that the provisions of said Act shall not apply, etc.; to repeal conflicting laws; and for other purposes.

SB 270. By Senators Webb of the llth and Smith of the 18th:
A Bill to create the Advisory Committee on Retirement Systems; to provide for members and their powers, duties, authority, terms, and compensation; to provide for other matters relative to said Committee; and for other purposes.

SB 273. By Senator Conway of the 41st:
A Bill to create the American Institute for Research in Bio-technology; to declare the legislative purpose; to provide for functions and duties; to provide for procedures, support and transition of the Institute; and for other purposes.

SB 322. By Senator Kidd of the 25th:
A Bill to amend an Act pertaining to the registration and licensing of motor vehicles in counties throughout the State, so as to provide that the State Revenue Commissioner shall mail special and distinc tive automobile license plates printed for members of the General As sembly to the local tag agent of the counties wherein such members re side; and for other purposes.

1104

JOURNAL OF THE HOUSE,

HB 444. By Mr. Harris of the 118th:
A Bill to amend the Code of Georgia of 1933 relating to the enforcement of laborer's and materialmen's liens, so as to provide that any lien enforced shall be brought within twelve months from time such mate rials were furnished; and for other purposes.

HB 851. By Messrs. Levitas and Harris of the 118th:
A Bill to amend Code Chapter 26-19 relating to conspiracy, so as to pro vide that conspiracy to commit a crime shall be a crime; and for other purposes.

HB 1045. By Mr. Bostick of the 93rd:
A Bill to amend an Act repealing the charter of the City of Tifton and providing a new charter for said city, so as to change certain provisions relating to the police court; and for other purposes.

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:

SB 174. By Senator Kidd of the 25th:
A Bill to be entitled an Act to provide for the practice of psychodrama in the State of Georgia; to provide for the creation of the State Board of Examiners of Certified Directors of Psychodrama; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

SB 212. By Senator Conway of the 41st:
A Bill to be entitled an Act to amend an Act creating the Ocean Science Center of the Atlantic Commission, so as to vest title to all treasurer and treasure trove in the State; and for other purposes.
Referred to the Committee on State Institutions & Property.

SB 218. By Senators Maclntyre of the 40th, Plunkett of the 30th and Abney of the 53rd:
A Bill to be entitled an Act to create the Georgia Commission on the Arts; and for other purposes.
Referred to the Committee on State of Republic.

THURSDAY, FEBRUARY 8, 1968

1105

SB 251. By Senator Smalley of the 28th:
A Bill to be entitled an Act to provide the procedure to be followed in the event the Governor orders an investigation of presentments or charges against a sheriff; to provide for a committee to conduct such investigation; and for other purposes.
Referred to the Committee on State of Republic.

SB 252. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend an Act providing a Sheriffs' Retirement Fund of Georgia, so as to clarify the membership of the administrative Board of such Fund; and for other purposes.
Referred to the Committee on State of Republic.

SB 267. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide that when any member or former member of the General Assembly has been employed by any political subdivision", so as to provide that the provisions of said Act shall not apply to any person employed or elected on or after May 1, 1968; and for other purposes.
Referred to the Committee on State of Republic.

SB 270. By Senators Webb of the llth and Smith of the 18th:
A Bill to be entitled an Act to create The Advisory Committee on Retirement Systems; to provide for members and their powers, duties, authority, terms, and compensation; and for other purposes.
Referred to the Committee on State of Republic.

SB 273. By Senator Conway of the 41st:
A Bill to be entitled an Act to create the American Institute for Re search in Bio-technology; to declare the legislative purpose; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

SB 322. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act pertaining to the regis tration and licensing of motor vehicles in counties throughout the State, so as to provide for special and distinctive automobile license plates for members of the General Assembly; and for other purposes.
Referred to the Committee on Motor Vehicles.

1106

JOURNAL OF THE HOUSE,

SR 173. By Senators Spinks of the 9th, Cox of the 21st, Kidd of the 25th and others:
A Resolution urging the State Highway Department to place certain signs on the highways of this State which are a part of the National System of Interstate and Defense Highways; and for other purposes.
Referred to the Committee on Highways.

SR 187. By Senators McKenzie of the 17th, Hall of the 52nd, Eldridge of the 7th and Knight of the 16th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for a special assessment for the registration of motor vehicles whose owners do not have liability insurance; and for other purposes.
Referred to the Committee on Motor Vehicles.

SR 193. By Senator McGill of the 24th:
A Resolution authorizing the conveyance of a certain tract of Stateowned property located in Wilkes County to Wilkes County; and for other purposes.
Referred to the Committee on Local Affairs.

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 1249. By Mr. Doster of the 73rd: A Bill to be entitled an Act to provide that the members of the Telfair County Hospital Authority shall be appointed by the Telfair County Grand Jury; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1250. By Mr. Doster of the 73rd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of McRae, so as to change the corporate limits; and for other purposes.

THURSDAY, FEBRUARY 8, 1968

1107

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1252. By Mr. Lovell of the 6th: A Bill to be entitled an Act to provide for the compensation of the respective secretaries of the ordinary, tax commissioner and clerk of the Superior Court of Rabun County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1254. By Mr. Ross of the 31st: A Bill to be entitled an Act to amend an Act placing the sheriff of Taliaferro County on an annual salary, so as to change the compensa tion of the sheriff; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1255. By Mr. Ross of the 31st:
A Bill to be entitled an Act to amend an Act relating to the Board of Commissioners of Taliaferro County, so as to change the compensation of the Board other than the chairman; and for other purposes.

1108

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1256. By Mr. Crowe of the 80th: A Bill to be entitled an Act to amend an Act placing the Ordinary of Worth County on an annual salary in lieu of the fee basis of compensa tion, so as to change the effective date of said Act; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1257. By Messrs. Harris, Farrar, Walling and Levitas of the 118th, Jenkins, Westlake, and Davis of the 119th and others: A Bill to be entitled an Act to amend an Act authorizing the establish ment of a merit system for employees of DeKalb County, so as to pro vide that there shall be no discrimination between employees under the merit system and those not under the merit system in the granting of so-called "merit Salary increases"; and for other purposes.
The report of the Committee, which was favoraple to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1259. By Messrs. Westlake, Jenkins, Higginbotham and Davis of the 119th, Smith, Malone and Vaughn of the 117th and Farrar of the 118th: A Bill to be entitled an Act to amend Code Chapter 59-1, so as to change the method of selecting grand and traverse jurors; and for other pur poses.

THURSDAY, FEBRUARY 8, 1968

1109

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1261. By Mr. Holder of the 70th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Milan, so as to extend the corporate limits of said City; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1262. By Mr. Holder of the 70th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Eastman, so as to provide a time for the opening and closing of polls, for the date of election of councilmen, the amount of entrance fee of those desiring to run for councilmen, elimination of a ceiling on councilmen's; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1265. By Mr. Collins of the 62nd: A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Toombs County into the office of the tax commis sioner; and for other purposes.

1110

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1266. By Mr. Collins of the 62nd:
A Bill to be entitled an Act to amend an Act incorporating the City of Lyons, so as to provide for qualifications for office of Mayor and Councilmen; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1269. By Messrs. Smith, Cole and Leonard of the 3rd: A Bill to be entitled an Act to amend an Act incorporating the Town of Tunnell Hill, so as to increase the maximum amount of the fine which may be levied for violating a city ordinance; and for other pur poses.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1272. By Mr. Collins of the 62nd: A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court, the Ordinary, the Tax Collector and the Tax Receiver of Toomb County, known as the fee system; to pro vide in lieu thereof annual salaries for such officers; and for other purposes.

THURSDAY, FEBRUARY 8, 1968

1111

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1274. By Mr. Collins of the 62nd:
A Bill to be entitled an Act to amend an Act entitled "An Act to place the Sheriff of Toombs County upon an annual salary in lieu of the fee system of compensation", so as to change the salary of the Sheriff of Toombs County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1275. By Messrs. Hale and Crowe of the 1st:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Trenton, so as to change the provisions of said charter relative to salaries and compensation of the Mayor, Councilmen and Recorder of said City; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1276. By Messrs. Farmer and Matthews of the 29th:
A Bill to be entitled an Act to amend Code Section 59-106, so as to provide the jury commissioners, in counties having a population of more than 45,300 and less than 46,000, shall select not less than onethird and not more than two-fifths of the whole number of the jury list to serve as grand jurors; and for other purposes.

1112

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1278. By Mr. Rush of the 75th:
A Bill to be entitled an Act to provide for the election of members of the Board of Education of Tattnall County; to provide for education districts; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1279. By Mr. Rush of the 75th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues for Tattnall County, so as to change the number of commissioners; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1281. By Mr. Lambert of the 38th:
A Bill to be entitled an Act to amend an Act placing certain county officers of Greene County on a salary basis, so as to change the com pensation of the sheriff, the clerk of the superior court, and the ordi nary of Greene County; and for other purposes.

THURSDAY, FEBRUARY 8, 1968

1113

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1282. By Mr. Lambert of the 38th:
A Bill to be entitled an Act to amend an Act placing the sheriff, clerk of the superior court, ordinary, tax collector and tax receiver of Morgan County on a salary basis, so as to change the compensation of the clerk of the superior court, ordinary and sheriff of Morgan County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1283. By Mr. Lambert of the 38th: A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Morgan County into the office of the tax commis sioner of Morgan County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1284. By Mr. Lambert of the 38th: A Bill to be entitled an Act to abolish the office of treasurer of Morgan County; to provide that the board of commissioners of roads and revenues of Morgan County shall appoint depositories for county funds; and for other purposes.

1114

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1285. By Mr. Lambert of the 38th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues in and for Greene County, so as to change the compensation of the Chairman and members; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1286. By Mr. Lambert of the 38th:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Rutledge, so as to change the name of the Town of Rutledge to the City of Rutledge; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1287. By Mr. Lambert of the 38th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues in and for the County of Morgan, so as to change the compensation of the chairman, the vice-chairman, and other members of said board of commissioners; and for other purposes.

THURSDAY, FEBRUARY 8, 1968

1115

The report of the Committee, whic hwas favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1288. By Mr. Lambert of the 38th:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Greene County into the same office of tax commissioner, so as to change the compensation of the tax commissioner; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Insurance and referred to the Committee on Judiciary:

HB 1078. By Messrs. Jones of the 112th, DeLong of the 105th, Brantley of the 139th, Daugherty of the 134th and Oglesby of the 92nd:
A Bill to be entitled an Act to amend an Act known as "The Retail Installment and Home Solicitation Sales Act", so as to redefine certain terms; to clarify the construction of the Act; and for other purposes.

Under the general order of business established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 203. By Senators Holloway of the 12th, Conway of the 41st, Abney of the 53rd and others:
A Bill to be entitled an Act to amend Code Title 114, relating to Work men's Compensation, so as to change procedures for review of settle ments; and for other purposes.

1116

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 122, nays 0.

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

SB 151. By Senators Coggin of the 35th and Bateman of the 27th:
A Bill to be entitled an Act to amend the Georgia Election Code, relat ing to the comprehensive regulation of primaries and federal, State and county elections, so as to provide that municipal primaries and elections shall be regulated by the Georgia Election Code; and for other pur poses.

By unanimous consent, further consideration of SB 151 was postponed until tomorrow, February 9, 1968.

The Speaker announced the House recessed until 1:30 o'clock P.M. AFTERNOON SESSION

The Speaker Pro Tern called the House to order.

Under the general order of business established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:

HB 992. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to repeal Section 3 of an Act governing and regulating the use of public roads and highways of this State, so an to eliminate the authority of the Public Service Commission to issue special permits for the operation of motor vehicles exceeding certain lengths, and to remove the prohibition against construing the provisions of this Act to prohibit the hauling of timber, lumber and piling of motor vehicles; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend an Act governing and regulating the use of the public roads and highways in this State, approved March

THURSDAY, FEBRUARY 8, 1968

1117

27, 1941 (Ga. Laws 1941, p. 449), as amended by an Act approved February 21, 1951 (Ga. Laws 1951, p. 772), an Act approved March 3, 1955 (Ga. Laws 1955, p. 392), an Act approved February 13, 1956 (Ga. Laws 1956, p. 83), an Act approved February 4, 1959 (Ga. Laws 1959, p. 27), an Act approved February 17, 1964 (Ga. Laws 1964, p. 83), and an Act approved March 12, 1965 (Ga. Laws 1965, p. 206), so as to provide that loads of poles, logs, pilings, lumber, structural steel, piping, timber, and pre-stressed and pre-cast concrete may exceed the length fixed by this Act without requiring a special permit, but a special permit shall be required if the total length of vehicle and load exceeds seventy-five (75) feet; to remove the provision authorizing vehicles owned by a contractor who has a contract with the State Highway Department to exceed the weight and length limitations when used in connection with such contract without the necessity of obtaining a special permit; to provide a schedule of fees for excess dimensions, length and weight permits; to provide for annual permits under a schedule of fees for motor vehicles exceeding certain lengths while trans porting poles and pilings from the woods to the processing plant and motor vehicles transporting poles for utility companies; to provide that the State Highway Department of Georgia may issue permits for over sized vehicles pursuant to Ga. Code Ann., Sec. 68-407.1 and may pro mulgate rules and regulations for that purpose; so as to eliminate the authority of the Public Service Commission to issue special permits for the operation of motor vehicles exceeding certain lengths, and so as to remove the prohibition against construing the provisions of this Act to prohibit the hauling of timber, lumber and piling by motor ve hicles, regardless of the length or weight, from the forest where cut to the owner's place of business, plantation or residence within the county where originally cut or the adjoining county; except that this prohibition shall not apply to two axle vehicles until January 1, 1969; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act governing and regulating the use of the public roads and highways in this State, approved March 27, 1941 (Ga. Laws 1941, p. 449), as amended by an Act approved February 21, 1951 (Ga. Laws 1951, p. 772), an Act approved March 3, 1955 (Ga. Laws 1955, p. 392), an Act approved February 13, 1956 (Ga. Laws 1956, p. 83), an Act approved February 4, 1959 (Ga. Laws 1959, p. 27), an Act approved February 17, 1964 (Ga. Laws 1964, p. 83), and an Act ap proved March 12, 1965 (Ga. Laws 1965, p. 206), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. (a) No vehicle shall exceed a total outside width, including load thereon, of ninety-six (96) inches, not including mirrors and accessories attached thereto; no vehicle unladen or with load shall exceed a height of thirteen (13) feet, six (6) inches; no vehicle or combination of vehicles shall exceed a total length of fifty-five (55) feet; single trip movements for necessary purposes of materials, objects or vehicles of dimensions which exceed the limits herein provided and which are of such nature that they can not be readily dismantled or separated may be permitted but only

1118

JOURNAL OP THE HOUSE,

upon the issuance of a special permit for such purpose, for a fee determined by the scale in Subsection (d); provided, that farming or agricultural equipment, whether self-propelled or being hauled, may exceed the width, height or length herein fixed without re quiring a special permit when such vehicle is being operated upon a public road or public highway during daylight hours, by the owner thereof or his agent, within a radius of twenty (20) miles of the residence of the owner, except on any highway comprising a portion of the National System of Interstate and Defense High ways. Provided further, that loads of poles, logs, pilings, lumber, structural steel, piping, timber, and pre-stressed and pre-cast con crete may exceed the length herein fixed without requiring a spe cial permit, but a special permit shall be required if the total length of vehicle and load exceeds seventy-five (75) feet.

"(b) No wheel on any vehicle operated upon any public road or public highway of this State, equipped with high pressure, pneu matic, solid rubber or cushion tires shall carry a load which exceeds eight thousand (8,000) pounds by more than thirteen (13) per cent, or an axle load which exceeds sixteen thousand (16,000) pounds by more than thirteen (13) per cent; no wheel equipped with a low pressure pneumatic tires shall carry a load which exceeds nine thousand (9,000) pounds by more than thirteen (13) per cent, or any axle load which exceeds eighteen thousand (18,000) pounds by more than thirteen (13) per cent; an axle load shall be defined as the total load on all wheels whose centers may be included be tween two (2) parallel transverse vertical planes forty (40) inches apart. If the driver of any vehicle can comply with the requirements of this section by shifting or equalizing the load on all wheels or axles and does so when requested by the proper authority, said driver shall not be held to be operating in violation of this section.

"(c) Provided however:

(i) that the maximum total gross weight shall not exceed seventy-three thousand, two hundred eighty (73,280) pounds;

(ii) that on roads constructed under the Rural Road Authority this maximum total gross weight shall not exceed fifty-six thou sand (56,000) pounds unless the vehicle is making a pickup or delivery on such roads. Provided further, that no officer or em ployee shall grant, authorize, or allow any length, height or weight
in excess of the limitations herein provided (except by special per mit as defined in this Act) in any manner whatsoever. It shall be the duty of the Department of Public Safety and of all other law enforcement officers to enforce this section.

"(d) Charges for the issuance of special permits shall be made as follows:

(1) House trailers and boats (single trip permits only) :

(a) Eight (8) feet wide, fifty to sixty-five (50 to 65)

THURSDAY, FEBRUARY 8, 1968

1119

feet long ...._______________.__..._.____.__...$ 2.50

(b) Eight (8) feet one (1) inch to ten (10) feet wide, fifty to sixty-five (50 to 65) feet long ......__.______.$ 5.00

(c) Ten (10) feet wide, sixty-five to seventy (65 to 70) feet long ____._._._.._______.______________.________-____$10.00

(d) Twelve (12) feet wide, seventy-five (75) feet long ....$15.00

(e) Boats in excess of twelve (12) feet wide _...___...--$20.00

(f) House trailers in excess of seventy-five (75) feet long ..........__.._......___------------__----..----____$20.00

(2) Six (6) month permit on house trailers and boats:

(a) Eight (8) feet wide, fifty to sixty-five (50 to 65) feet long ________________._....__...._...___________..$25.00

(b) Eight (8) feet, one (1) inch to ten (10) feet wide, fifty to six-five (50 to 65) feet long ____..__.___....$50.00

(c) Ten (10) feet wide, sixty-five to seventy (65 to 70) feet long ____..._____._____________.____$60.00

(d) Twelve (12) feet wide, seventy-five (75) feet long--$75.00

(3) Heavy equipment (single trip permits only) :

(a) Over on only one of the following limitations, weight, length, height, width ....__________________$ 2.50

(b) Over more than one of the above limitations ____$ 5.00

(4) Six (6) month permit on heavy equipment:

(a) Overweight ______.______._.__.___..____.___$25.00

(b) Overlength ----------_____.____....______$12.50

(c) Overwidth ___.________._____.________$12.50

(5) Miscellaneous (single trip permits only) :

(a) Houses ....________.__._______________$20.00

(b) Off-the-road equipment _____.____________$ 2.50

(c) Poles and piling over seventy-five (75) feet long __$ 2.50

1120

JOURNAL OP THE HOUSE,

(d) Other oversized equipment not herein specified _____ __$20.00

"(e) In addition to the single trip permits, as defined in Para graph (a) above, annual permits for motor vehicles exceeding the seventy-five (75) foot limitation, provided for in Section 1 (a) of this Act, may be secured for motor vehicles transporting poles and pilings from the woods to the processing plant (for the purpose of this Act, 'processing plants' is hereby defined as a business or activity engaged in the treating, preserving and manufacturing of poles and pilings for commercial purposes) and motor vehicles transporting poles for utility companies when such poles cannot be readily dismantled or separated. Charges for the issuance of the annual permits shall be made as follows:

Five (5) vehicles or less ,,__------__________^$50.00 per annum

Six to ten (6 to 10) vehicles ____^_____-^-_._______.$100.00 per annum

Eleven to fifty (11 to 50) vehicles _----___-- $250.00 per annum

Fifty-one to One Hundred (51 to 100) vehicles __.._--------__----------_--------$500.00 per annum

Above One Hundred (100) vehicles --------$1,000.00 per annum Permits specified in this Act may be issued pursuant to Ga. Code Ann. 68-407.1 (Ga. Laws 1951, pp. 90, 91), and any additional reasonable rules and regulations which may be promulgated by State Highway Department of Georgia."

This Subsection shall not be applicable to persons, firms or corpora tions transporting forest products not herein specified in Subsection (e) hereof.
The provisions of this section (Section 1) shall become effective May 1, 1968.
Section 2. That Section 3 of the Act governing and regulating the use of public roads and highways of this State, approved March 27, 1941 (Ga. Laws 1941, p. 449), as amended, which provides:
"Motor vehicles or combinations of vehicles exceeding the length herein provided for may operate upon the public highways with special written permission of the Public Service Commission given for some temporary or special purpose. Nothing herein shall be construed to prohibit the hauling of timber, lumber and piling by motor trucks, regardless of the length or weight, from the forest where cut to the owner's place of business, plantation or residence within the county where originally cut or the adjoining county. Every vehicle using the highway at night shall be equipped with a lamp or lamps clearly visible for a distance of not less than one hundred feet from the front and rear thereof.",
be and the same is hereby repealed. However, this section shall not be come effective as to two-axle motor vehicles until January 1, 1969.

THURSDAY, FEBRUARY 8, 1968

1121

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

Mr. Magoon of the 19th moved that HB 992 be indefinitely postponed.

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

Those voting in the affirmative were Messrs.

Those voting in the negative were Messrs.:

Anderson Barfield Battle Bennett Berry J. K. Bostick Bowen Branch Brantley, H. L. Carnes Clarke Collins, J. F. Collins, M. Daugherty Dickinson Dillon Dixon Dorminy Douglas Fallin Fleming Gay

Gaynor Gignilliat Hadaway Hargrett Harrington Harris, R. W. Harrison Howell Johnson, A. S. Joiner Jones, C. M. Jordan, G. Knapp Lane, W. J. Leggett Lewis Magoon Matthews, D. R. Maulding Melton Mixon Moate

Nessmith Newton Nimmer Otwell Pafford Parker, C. A. Parker, H. W. Rainey Reaves Ross Rowland Rush Savage Scarlett Smith, G. W. Sweat Thompson, A. W. Whaley Williams Wilson, R. W. Winkles

Those voting in the negative were Messrs. :

Adams Alexander Ballard Barber Berry, C. E. Black Bond Brantley, H. H. Brown, C. Buck Gates Cato

Chandler Cheeks Cole Colwell Cooper, B. Cooper, J. R. Cox Crowe, William Dailey Davis Dean Dent

Dodson Doster Edwards Egan Farmer Farrar Funk Gary Grahl Graves Grier Gunter

1122
Hall Hamilton Harris, J. P. Harris, J. R. Henderson Higginbotham Hill Hood Howard Hutchinson Jenkins Johnson, B. Jones, M. Kaylor Kirksey Laite Lambros Land Lane, Dick Lee, W. S. Leonard Le vitas Lowrey

JOURNAL OF THE HOUSE,

Malone Matthews, C. Maxwell McClatchey McDaniell Merritt Miller Moore, Don C. Moore, J. H. Moreland Mullinax Northcutt Odom Palmer Peterson Poss Potts Ragland Richardson Russell Shanahan Sherman Shuman

Sims Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Thompson, R. Threadgill Townsend Tucker Turner Vaughan, D. N. Vaughn, C. R. Wamble Ward Wells Westlake Wiggins Wood

Those not voting were Messrs.:

Blalock Bray Brown, B. D. Busbee Caldwell Conner Cook Crowe, W. J. DeLong Dollar Floyd Hale

Holder Jordan, W. H. Lambert Lee, W. J. (Bill) Longino Lovell Mason McCracken Murphy Nash Oglesby Paris

Parrish Phillips Pickard Roach Shields Simmons Tye Underwood Walling Ware Wilson, J. M. Mr. Speaker

On the motion, the ayes were 65, nays 104.

The motion was lost.

Mr. Busbee of the 79th stated that he had been called from the floor of the House for a Committee meeting when the roll was called on the motion, but had he been present would have voted "nay".

The following amendment was read:

THURSDAY, FEBRUARY 8, 1968

1123

Mr. Mixon of the 81st moves

To amend H. B. No. 992 Committee Substitute, Section 1, paragraph (a) by adding in line 5 from the bottom of page 3 following the words "or agricultural equipment" the words "or forest management equipment" and to amend the bill further in line 3, page 4, changing the word "resi dence" to "property", and to insert the following sentence in line 5 follow ing the words "Defense Highways" the following: "Emergency forest fire fighting equipment and public utilities equipment may be moved without permit as the need arises".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Ballard Barfield Battle Bennett Berry, J. K. Bowen Branch Brantley, H. L. Bray Caldwell Carnes Cheeks Clarke Collins, M. Cox Dixon Dorminy
Farmer Gay Gaynor Gignilliat Grahl

Hall Hargrett Harrington Harris, R. W. Harrison Howell Hutchinson Jenkins Jones, C. M. Jordan, G. Kirksey Knapp Lewis Lowrey Magoon Matthews, C. Mauldin McCracken Melton Mixon
Moate Nessmith

Newton Nimmer Odom Oglesby Pafford Parker, C. A. Parker, H. W. Poss Rainey Reaves Ross Rush Savage Scarlett Steis Sullivan Sweat Wamble
Whaley Wilson, R. W. Winkles

Those voting in the negative were Messrs.:

Adams Alexander Anderson Barber Berry, C. E. Black Bond Bostick Brantley, H. H. Brown, C.

Buck Busbee Gates Cato Chandler Cole Collins, J. F. Colwell Cook Cooper, B.

Cooper, J. R. Crowe, William Dailey Davis Dean DeLong Dent Dickinson Dillon Dodson

1124
Douglas Edwards Egan Fallin Farrar Fleming Funk Gary Graves Grier Hadaway Hamilton Harris, J. F. Harris, J. R. Henderson Higginbotham Hill Hood Howard Johnson, A. S. Joiner Jones, M. Kaylor Laite Lambert Lambros

JOURNAL OF THE HOUSE,

Land Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Le vitas Lovell Malone Mason Matthews, D. R. Maxwell McClatchey McDaniell Merritt Miller Moore, Don C. Moore, J. H. Moreland Murphy Northcutt Otwell Palmer Potts Ragland Richardson

Roach Russell Shanahan Sherman Shuman Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Starnes Thompson, R. Threadgill Townsend Tucker Vaughan, D. N. Vanghn, C. R. Ward Westlake Wiggins Williams Wilson, J. M. Wood

Those not voting were Messrs.:

Blalock Brown, B. D. Conner Crowe, W. J. Daugherty Dollar Doster Floyd Guhter Hale Holder

Johnson, B.
Jordan, W. H. Lane, W. J. Longino Mullinax Nash Paris Parrish Peterson Phillips Pickard

Rowland Shields Simmons Stalnaker Thompson, A. W. Tye Underwood Walling Ware Wells Mr. Speaker

On the adoption of the amendment, the ayes were 65, nays 107.

The amendment was lost.

The following amendment was read:

Mr. Howell of the 86th moves
To Amend Section 2 H.B. 992 Committee Sustitute by deleting the entire section and in lieu of insert the following new Section 2 to read:

THURSDAY, FEBRUARY 8, 1968

1125

Section 2. That section 3 of the Act governing and regulating the use of public roads and highways of this State, approved March 27, 1941 (Ga. Laws 1941, p. 449), as amended, shall be amended as follows: To read

"Motor vehicles or combination of vehicles hauling forest products from the forest where cut to the owner's place of business, plant, plan tation or residence within the county where originally cut or the adjoin ing county shall not exceed an axle load of 24,000 pounds, or a maximum gross load of 73, 280 pounds by more than ten (10%) percent. Every vehicle using the highways at night shall be equipped with lights clearly visible for a distance of not less than one hundred feet from the front and rear thereof. Each load shall be safely secured with sufficient binders."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Anderson
Ballard Barber Barfield Battle Bennett Berry, J. K. Black Bostick Bowen Branch Brantley, H. L. Bray Caldwell Cato Chandler Cheeks Clarke Collins, M. Cook Dailey Dixon Dodson Dorminy Edwards Fallin Farmer Farrar Fleming
Gay Gaynor

Gignilliat Grahl Hadaway Hall Hargrett Harrington Harris, R. W. Harrison Higginbotham Howell Johnson, B. Jones, C. M. Jordan, G. Jordan, W. H. Kirksey Knapp Laite Lambert Lane, W. J. Lewis Lovell Lowrey Magoon Matthews, C. Matthews, D. R. McCracken Melton Merritt Mixon Moate Mullinax

Nessmith Newton Nimmer Northcutt Oglesby Pafford Parker, C. A. Parker, H. W. Rainey Reaves Roach Ross Rowland Rush Savage Scarlett Shanahan Smith, G. W. Smith, W. L. Sullivan Sweat Thompson, A. W. Wamble Ward Wells
Whaley Wilson, J. M. Wilson, R. W. Winkles

Those voting in the negative were Messrs.:

Adams Alexander

Berry, C. E. Bond

Brantley, H. H. Brown, C.

1126
Buck Busbee Carnes Gates Cole Colling, J. F. Colwell Cooper, B. Cooper, J. R. Crowe, William Daugherty Davis Dean DeLong Dent Dickinson Dillon Doster Douglas Egan Funk Gary Graves Grier Hamilton Harris, J. F. Harris, J. R. Henderson

JOURNAL OF THE HOUSE,

Hill Hood Howard Hutchinson Jenkins Johnson, A. S. Jones, M. Kaylor Lambros Land Lane, Dick Lee, W. S. Leggett Leonard Levitas Malone Mason Mauldin Maxwell McClatchey McDaniell Miller Moore, Don C. Moore, J. H. Moreland Murphy Nash Odom

Palmer Peterson Poss Potts Ragland Richardson Russell Sherman Shuman Sims Smith, J. R. Smith, V. T. Snow Stalnaker Starnes Steis Thompson, R. Threadgill Townsend Tucker Turner Vaughan, D. N. Vaughn, C. R. Wiggins Williams Wood

Those not voting were Messrs.:

Blalock Brown, B. D. Conner Cox Crowe, W. J. Dollar Floyd Gunter Hale

Holder Joiner Lee, W. J. (Bill) Longino Otwell Paris Parrish Phillips Pickard

Shields Simmons Tye Underwood Walling Ware Westlake Mr. Speaker

On the adoption of the amendment, the ayes were 91, nays 84.

The amendment was adopted.

Mr. Williams of the 16th moved that HB 992 and all substitutes and amend ments thereto be tabled.

Mr. Moore of the 12th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning.

THURSDAY, FEBKUARY 8, 1968

1127

On the motion to adjourn, the roll call was ordered and the voting was as follows:

Those voting in the affirmative were Messrs.

Dickinson Higginbotham

Leggett Moore, Don C.

Odom Shuman

Those voting in the negative were Messrs. :

Adams Alexander Anderson Ballard Barber Barfield Battle Berry, C. E. Berry, J. K. Black Bond Bostick Bo wen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Games Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Cook Cooper, B. Cooper, J. R. Crowe, William Dailey Daugherty Davis Dean DeLong Dent Dillon

Dixon Dodson Dorminy
Doster Douglas Edwards Egan Fallin Farmer Farrar Fleming Funk Gary Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Hill Holder Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H.

Kaylor Kirksey Knapp Laite Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, J. H. Moreland Mullinax Murphy Nessmith Newton Nimmer Northcutt Oglesby Otwell Pafford Paris

1128
Parker, C. A. Parker, H. W. Peterson Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett

JOURNAL OF THE HOUSE,

Shanahan Sherman Shields Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Sweat Thompson, R. Threadgill

Town send Tucker Turner Vaughan, D. N. Vaughn, C. R. Wamble Ward Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Bennett Blalock Conner Cox Crowe, W. J. Dollar Floyd Gay

Hale Longino Nash Palmer Parrish Phillips Pickard Simmons

Thompson, A. W. Tye Underwood Walling Ware Mr. Speaker

On the motion to adjourn, the ayes were 6, nays 177.

The motion was lost.

Further consideration of HB 992 was resumed.

By unanimous consent, Mr. Williams of the 16th withdrew his motion that HB 992 be tabled.

Mr. Vaughn of the 117th moved that the House reconsider its action in adopt ing the amendment by Mr. Howell of the 86th.

On the motion to reconsider, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Alexander Barber Berry, C. E.

Brown, C. Buck Busbee

Caldwell Gates Cole

THURSDAY, FEBRUARY 8, 1968

1129

Collins, J. P. Colwell Cook Cooper, B. Cooper, J. R. Cox Crowe, William Daugherty Davis Dean Dickinson Doster Douglas Egan Farrar Floyd Funk Gary Grahl Graves Grier Hamilton Harris, J. F. Harris, J. R. Henderson Hill Hood Howard Jenkins

Joiner Jones, M. Kaylor Laite Lambert Lambros Land Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Malone Mason Mauldin Maxwell McClatchey McDaniell Miller Moore, Don C. Moore, J. H. Moreland Murphy Nash Odom Otwell Palmer Paris

Peterson
Poss Potts Ragland Richardson Shanahan Sherman Shuman Sims Smith, J. R. Smith, V. T. Snow Stalnaker Starnes Steis Thompson, R. Threadgill Townsend Tucker Turner Vaughan, D. N. Vaughn, C. R. Ward Westlake Wiggins Williams Wood

Those voting in the negative were Messrs.:

Adams Anderson Ballard Barfield Battle Bennett Berry, J. K. Black Bostick Bo wen Branch Brantley, H. H. Brantley, H. L. Bray Games Chandler Cheeks Clarke Collins, M. Dailey DeLong Dent

Dillon Dixon Dodson Dorminy Edwards Fallin Farmer Fleming Gay Gaynor Gignilliat Gunter Hadaway Hall Hargrett Harrington Harris, R. W. Harrison Higginbotham Howell Hutchinson Johnson, A. S.

Johnson, B. Jones, C. M. Jordan, G. Jordan, W. H. Kirksey Knapp Lane, W. J. Lewis Lovell Lowrey Magoon Matthews, C. Matthews, D. R. Melton Merritt Mixon Moate Mullinax Nessmith Newton Nimmer Northcutt

1130
Oglesby Pafford Parker, C. A. Parker, H. W. Rainey Reaves Roach

JOURNAL OF THE HOUSE,

Ross Rowland Rush Scarlett Smith, G. W. Smith, W. L. Sullivan

Sweat Thompson, A. W. Wamble Whaley Wilson, J. M. Wilson, R. W. Winkles

Those not voting were Messrs.:

Blalock Bond Brown, B. D. Cato Conner Crowe, W. J. Dollar Hale

Holder Longino McCracken Parrish Phillips Pickard Russell Savage

Shields Simmons Tye Underwood Walling Ware Wells Mr. Speaker

On the motion to reconsider, the ayes were 94, nays 87.

The motion prevailed, and the House reconsidered its action in adopting the amendment.

Pursuant to the motion to reconsider the amendment by Mr. Howell of the 86th, the following amendment was again read:

Mr. Howell of the 86th moves to amend Section 2 HB 992 Commit tee Substitute by deleting the entire section and in lieu of insert the folowing new Section 2 to read: Section 2, That scection 3 of the Act governing and regulating the use of public roads and highways of this State, approved March 27, 1941 (Ga. Laws 1941, p. 449), as amended, shall be amended as follows: To read

"Motor vehicles or combination of vehicles hauling forest pro ducts from the forest where cut to the owner's place of businessj, plant, plantation or residence within the county where originally cut or the adjoining county shall not exceed an axle load of 24,000 pounds, or a maximum gross load of 73,280 pounds by more than ten (10%) percent. Every vehicle using the highways at night shall be equipped with lights clearly visible for a distance of not less than one hundred feet from the front and rear thereof. Each load shall be safely secured with sufficient binders."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Anderson Ballard Barfield

Battle Bennett Berry, J. K.

Black Bostick Bowen

THURSDAY, FEBRUARY 8, 1968

1131

Branch Brantley, H. L. Bray Cato Chandler Cheeks Clarke Collins, M. Dailey Dixon Dodson Dorminy Edwards Fallin Farmer Fleming Gay Gaynor Gignilliat Grahl Gunter Hadaway Hall Hargrett Harrington Harris, R. W. Harrison

Higginbotham Howell Hutchinson Jenkins Johnson, B. Jones, C. M. Jordan, G. Jordan, W. H. Kirksey Knapp Lambert Lane, W. J. Lewis Lovell Lowrey Magoon Matthews, C. Matthews, D. R. Mauldin McCracken Melton Merritt Mixon Moate Mullinax Nessmith Newton

Nimmer Northcutt Oglesby Pafford Paris, J. W. Parker, C. A. Parker, H. W. Rainey Reaves Ross Rowland Rush Savage Scarlett Shanahan Smith, G. W. Sullivan Sweat Thompson, A. W. Wamble Ward Wells Whaley Wilson, R. W. Winkles

Those voting in the negative were Messrs. :

Alexander Berry, C. E. Bond Brantley, H. H. Brown, B. D. Brown, C. Buck Busbee Caldwell Games Gates Cole Collins, J. F. Colwell Cook Cooper, B. Cooper, J. R. Cox Crowe, William Daugherty Davis Dean DeLong Dent Dickinson

Dillon Doster Douglas Egan Farrar Floyd Funk Gary Graves Grier Hamilton Harris, J. F. Harris, J. R. Henderson Hill Hood Howard Johnson, A. S. Jones, M. Kaylor Laite Lambros Land Lane, Dick Lee, W. J. (Bill)

Lee, W. S. Leggett Leonard Levitas Malone Mason Maxwell McClatchey McDaniell Miller Moore, Don C. Moore, J. H. Moreland Murphy Nash Odom Otwell Palmer Peterson Poss Potts Ragland Richardson Russell Sherman

1132
Shuman Sims Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker

JOURNAL OF THE HOUSE,

Starnes Steis Thompson, R. Threadgill Townsend Tucker Turner

Vaughan, D. N. Vaughn, C. R. Westlake Wiggins Williams Wilson, J. M. Wood

Those not voting were Messrs.:

Adams Barber Blalock Conner Crowe, W. J. Dollar Hale

Holder Joiner Longino Parrish Phillips Pickard Roach

Shields Simmons Tye Underwood Walling Ware Mr. Speaker

On the adoption of the amendment, the ayes were 88, nays 96.

The amendment was lost.

Mr. Howell of the 86th moved that the House reconsider its action in failing to adopt the amendment.

The motion was ruled out of order by the Speaker Pro Tem, since the amend ment had already been reconsidered by the House.

Mr. Steis moved that pursuant to Rule 130, all amendments be printed and placed on the desks of the members.

The motion was lost.

An amendment, offered by Mr. Harrison of the 98th, was read and lost.

An amendment, offered by Mr. Harrison of the 98th, was read and lost.

The following amendment was read:
Mr. Harrison of the 98th moves to amend HB 992 (Committee Sub stitute) as follows:
By striking the last sentence in section two (2) and adding in lieu thereof the following:

THURSDAY, FEBRUARY 8, 1968

1133

"However, this section shall not become effective until January 1, 1972."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Anderson Ballard Barfield Battle Bennett Berry, J. K. Black Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Chandler Cheeks Collins, J. F. Collins, M. Dailey DeLong Dent Dixon

Dorminy Edwards
Gay Gaynor Gignilliat Hadaway Hargrett Harrington Harris, R. W. Harrison Howell Jones, C. M. Jordan, G. Jordan, W. H. Kirksey Laite Lane, Dick Lane, W. J. Lewis Magoon Mauldin

Mixon Moate Nessmith Newton Nimmer Pafford Parker, C. A. Parker, H. W. Rainey Reaves Ross Rush Savage Scarlett Shanahan Steis Sullivan Sweat Whaley Winkles

Those voting in the negative were Messrs.:

Adams Alexander Barber Berry, C. E. Bond Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Cole Colwell Cook Cooper, B. Cooper, J. R. Cox

Crowe, William Daugherty Da vis Dean Dickinson Dillon Dodson Douglas Egan Fallin Farmer Farrar Fleming Floyd Funk Gary Grahl Graves Grier

Gunter Hall Hamilton Harris, J. F. Harris, J. R. Henderson Higginbotham Hill Hood Hutchinson Jenkins Johnson, A. S. Joiner Jones, M. Kaylor Lambert Lambros Land Lee, W. J. (Bill)

1134

JOURNAL OF THE HOUSE,

Lee, W. S. Leggett Leonard Le vitas Lovell Lowrey Malone Mason Matthews, C. Matthews, D. R. Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Moore, Don C. Moore, J. H.

Moreland Mullinax Murphy Nash Odom Otwell Palmer Paris Potts Ragland Richardson Rowland Russell Sherman Shuman Sims Smith, G. W. Smith, J. R. Smith, V. T.

Smith, W. L. Snow Starnes Thompson, R. Threadgill Townsend Tucker Turner Vaughan, D. N. Vaughn, C. R. Wamble Ward Westlake Wiggins Williams Wilson, J. M. Wilson, R. W. Wood

Those not voting were Messrs.:

Blalock Clarke Conner Crowe, W. J. Dollar Doster Hale Holder Howard Johnson, B.

Knapp Longino Northcutt Oglesby Parrish Peterson Phillips Pickard Poss Roach

Shields Simmons Stalnaker Thompson, A. W. Tye Underwood Walling Ware Wells Mr. Speaker

On the adoption of the amendment, the ayes were 62, nays 113.

The amendment was lost.

The following amendment was read and adopted:
Mr. Douglas of the 60th moves to amend HB 992 (Committee Sub stitute) by striking from Section 1 (a) the words "twenty (20) miles and inserting in lieu thereof the words forty (40) miles.

The following amendment was read:
Mr. Dorminy of the 72nd moves to amend Committee substitute to HB 992 by striking from the Bill on pages 9 and 10 Section 2 in its entirety.

THURSDAY, FEBRUARY 8, 1968

1135

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Anderson Ballard
Barber Barfield Battle Berry, J. K. Black Bostick Bowen Branch Brantley, H. L. Bray Cato Chandler Cheeks Clarke Collins, M. Dailey DeLong Dent Dixon Dorminy Edwards Fallin Fleming Gay Gaynor

Gignilliat Hadaway Hall Hargrett Harrington Harris, R. W. Harrison Howell Hutchinson Johnson, A. S. Johnson, B. Jones, C. M. Jordan, G. Jordan, W. H. Kirksey Knapp Laite Lane, W. J. Lewis Lovell Magoon Matthews Matthews, D. R. Mauldin McCracken Melton Merritt

Mixon Mo ate Nessmith Newton Nimmer Northcutt Oglesby Pafford Parker, C. A. Parker, H. W. Rainey Reaves Ross Rowland Rush Savage Scarlett Shanahan Smith, G. W. Sullivan Sweat Wamble Wells Whaley Wilson, J. M. Winkles

Those voting in the negative were Messrs.:

Adams Alexander Berry, C. E. Brantley, H. H. Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cole Collins, J. F. Colwell Cook Cooper, B. Cooper, J. R. Cox

Crowe, William Daugherty Da vis Dean Dickinson Dillon Dodson Douglas Egan Farmer Farrar Floyd Funk Gary Grahl Graves Grier Hamilton

Harris, J. F. Harris, J. R. Henderson Higginbotham Hill Hood Howard Jenkins Joiner Jones, M. Kaylor Lambert Lambros Land Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leggett

1136
Leonard Levitas Malone Mason Maxwell McClatchey McDaniell Miller Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nash

JOURNAL OF THE HOUSE,

Odom Otwell Palmer Paris Potts Ragland Richardson Russell
Sherman Shuman Sims Smith, J. R. Smith, V. T. Smith, W. L.

Snow Starnes Thompson, R. Threadgill Townsend Tucker Vaughan, D. N. Vaughn, C. R.
Ward Westlake Wiggins Williams Wilson, R. W. Wood

Those not voting were Messrs.:

Bennett Blalock Bond Conner Crowe, W. J. Dollar Doster Gunter Hale Holder

Longino Lowrey Parrish Peterson Phillips Pickard Poss Roach Shields Simmons

Stalnaker Steis Thompson, A. W. Tye Underwood Walling Ware Mr. Speaker

On the adoption of the amendment, the ayes were 80, nays 97.

The amendment was lost.
Mr. Sweat of the 83rd moved that the House reconsider its action in failing to adopt the amendment.
The motion was lost.
The following amendment was read: Mr. Vaughn, of the 117th District, Post 1, moves to amend House
Bill No. 992 (Committee Substitute) as follows: No. 1. By striking Section 1 (a) in its entirety and substituting in
lieu thereof a new Section 1 (a), to read as follows: "Section 1. (a) No vehicle shall exceed a total outside width,
including load thereon, of ninety-six (96) inches, not including mir-

THURSDAY, FEBRUARY 8, 1968

1137

rors and accessories attached thereto; no vehicle unladen or with load shall exceed a height of thirteen (13) feet, six (6) inches; no vehicle or combination of vehicles shall exceed a total length of fifty-five (55) feet; single trip movements for necessary purposes of materials, objects or vehicles of dimensions which exceed the limits herein provided and which are of such nature that they can not be readily dismantled or separated may be permitted but only upon the issuance of a special permit for such purpose, for a fee determined by the scale in Subsection (d); provided, that farming or agricultural equipment, whether self-propelled or being hauled, may exceed the width, height or length herein fixed without re quiring a special permit when such vehicle is being operated upon a public road or public highway during daylight hours, by the owner thereof or his agent, within a radius of twenty (20) miles of the residence of the owner, except on any highway comprising a portion of the National System of Interstate and Defense Highways. Pro vided further, that loads of poles, logs, pilings, lumber, structural steel, piping, timber, and pre-stressed and pre-cast concrete may exceed the length herein fixed without requiring a special permit, but a special permit shall be required if the total length of vehicle and load exceeds seventy-five (75) feet. Also further provided that vehicles transporting motor vehicles (commonly known as auto mobile carriers), may exceed the length herein fixed without re quiring a special permit, but a special permit shall be required if the total length of vehicle and load exceeds sixty (60) feet.' '

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Battle Berry, J. K. Black Bond Bostick Bowen
Branch
Brantley, H. H. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Games Gates Cato

Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Cook Cooper, B. Cooper, J. R. Cox
Crowe, William
Dailey Daugherty Davis Dean DeLong Dickinson Dillon Dodson Dorminy Doster

Douglas Edwards Egan Fallin Farmer Farrar Funk Gary Gay Gaynor Grahl
Graves
Grier Gunter Hadaway Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W.

1138

JOURNAL OF THE HOUSE,

Henderson Higginbotham Hill Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, M. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambert Lambros Land Lane, W. J. Lee, W. J. (Bill) Leggett Leonard Levitas Longino Malone Mason Matthews, C. Matthews, D. R. Mauldin

Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Moate Moore, J. H. Moreland Mullinax Nash Nessmith Nimmer Northeutt Odom Oglesby Otwell Palmer Parker, C. A. Parker, H. W. Peterson Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland

Rush Scarlett Shanahan Sherman Shields Shuman Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Thompson, A. W. Thompson, R. Turner Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Wells Westlake Wiggins
Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those voting in the negative were Messrs.

Barfield Bennett Berry, C. E. Brantley, H. L. Dent Dixon Fleming Floyd Gignilliat Harrison

Jones, C. M. Lane, Dick Lee, W. S. Lewis Lovell Lowrey Magoon Mixon Murphy Newton

Pafford Paris Russell Savage Sullivan Sweat Threadgill Townsend Tucker Whaley

Those not voting were Messrs.:

Blalock Conner Crowe, W. J. Dollar Hale Holder

Jordan, G. Moore, Don C. Parrish Phillips Pickard Simmons

Tye Underwood Ware Mr. Speaker

THURSDAY, FEBRUARY 8, 1968

1139

On the adoption of the amendment, the ayes were 159, nays 30.

The amendment was adopted.

The following amendment was read:
Messrs. Cole of the 3rd and Johnson of the 40th moves to amend the Committee Substitute to H .B. No. 992 as follows:
By striking from the title the following language:
"to provide that the State Highway Department of Georgia may issue permits for oversized vehicles pursuant to Ga. Code Ann., Sec. 68-407.1 and may promulgate rules and regulations for that purposes;",
and inserting in lieu thereof the following:
"to provide that special permits may be issued for oversized vehicles on application to the State Highway Department; to pro vide that such permits may be issued without specifying license plates numbers in order that permits may be interchanged from vehicle to vehicle; to provide that State Highway Department may promulgate reasonable rules and regulations which are necessary or desirable governing the issuance of such permits, provided such rules and regulations are not in conflict with this Act and other provisions of law."
By striking in its entirety Subsection (d) of quoted Section 1 of Section 1 and inserting in lieu thereof a new Subsection (d) to read as follows:
"(d) Charges for the issuance of special permits shall be made as follows:
(1) Mobile homes and boats (single trip permits only):
(a) Up to and including twelve (12) feet wide, seventyfive (75) feet long __._,,______,,_,,__,,_..._____-__,,,,__,,,,_____._,,$ 2.50
(b) Boats in excess of twelve (12) feet wide ._.,,.__-__.-..-,,-._._--_..._.,,-__._-_.,,_--_--..._.-.$20.00
(c) Mobile homes in excess of seventy-five (75) feet long -...___.-._.__---_-__._...._._-.-.....___.-.__-..__-_......-___..$20.00
(2) Twelve (12) month permit on mobile homes and boats up to and including twelve (12) feet wide, seventy-five (75) feet long ..._.._.____._.____._____.__$25.00

1140

JOURNAL OF THE HOUSE,

(3) Heavy equipment (single trip permits only):

(a) Over on only one of the following limitations, weight, length, height, width _..._....-....__,,._....___..._.,,_......._....._,,$ 2.50

(b) Over more than one of the above limitations _...,,.___.$ 5.00

(4) Twelve (12) month permit on heavy equipment:

(a) Overweight .-..-_--_.-__.-__-..-._.._..........____........_-..........._..$50.00

(b) Overlength ..._..___..-....._........-_-.......___.._....._....._....._.._....$25.00

(c) Overwidth -_-_.,,,,---..-...-,,...._......_..._--......_-___...-_-..$25.00

(5) Miscellaneous (Single trip permits only):

(a) Houses _-___-....-.-.__.-...-_..._..-...-__._....-_..._......____-.....-_.__..-.$20.00

(b) Off-the-road equipment ...._...._.....____......-._-....____._,,....$ 2.50

(c) Poles and piling over seventy-five (75) feet long _..--.$ 2.50

(d) Other oversized equipment not herein specified _______$20.00."

By striking from Subsection (e) of quoted Section 1 of Section 1 the following:

"Charges for the issuance of the annual permits shall be made as follows:

Five (5) vehicles or less _______._____.___--_______._$ 50.00 per annum

Six to ten (6 to 10) vehicles ---......-_._...__$ 100.00 per annum

Eleven to fifty (11 to 50) vehicles ...__.......$ 250.00 per annum
Fifty-one to one hundred (51 to 100) vehicles _--_.._._-.-...,,_----__..-------.,,------$ 500.00 per annum

Above one hundred (100) vehicles ._--.....--$1,000.00 per annum
Permits specified in this Act may be pursuant to Ga. Code Ann. 68-407.1 (Ga. Laws 1951, pp. 90, 91), and any additional reasonable rules and regulations which may be promulgated by State Highway Department of Georgia.",
and inserting in lieu thereof the following:
"Charges for the issuance of the annual permits shall be $25.00 per vehicle.

THURSDAY, FEBRUARY 8, 1968

1141

Permits specified in this Act shall be issued on application to the State Highway Department to persons, firms or corporations without specifying license plate numbers in order that such permits which are issued on an annual basis may be interchanged from vehicle to vehicle; provided, however, that all such permits shall be carried in the vehicle to be valid. The State Highway Department is hereby authorized to promulgate reasonable rules and regulations which are necessary or desirable governing the issuance of such permits; provided such rules and regulations are not in conflict with the provisions of this Act and other provisions of law."

The following amendment to the previous amendment was read and adopted:
Mr. Dixon of the 83rd. moves to amend the floor amendment of Cole of the 3rd and Johnson of the 40th to the Committee Substitute to H. B. 992 as follows:
By striking the following:
"(a) Houses ...__...._._..........._-__.__.-----.-.-._--_$20.00
and inserting in lieu thereof the following:
"(a) Houses ........._.-_-_--_._-_...---_-..._._..__.__.___$10.00"

On the adoption of the amendment, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Battle Berry, C. E. Berry, J. K. Black Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell

Carnes Gates Cato Chandler Clarke Cole Collins, J. F. Collins, M. Colwell Cook Cooper, B. Cooper, J. R. Cox Crowe, William Dailey Daugherty Davis Dean DeLong Dickinson

Dillon Dixon Dorminy Douglas Egan Fallin Farmer Farrar Floyd Funk Gary Gay Gignilliat Grahl Graves Grier Hadaway Hall Hamilton Hargrett

1142
Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Higginbotham Hill Hood Howard Howell Hutchinson Johnson, B. Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Laite Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leggett Leonard Le vitas Lewis Longino Lovell Lowrey Malone Mason

JOURNAL OF THE HOUSE,

Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken Merritt Miller Mixon Moate Moore, Don C. Moore, J. H, Moreland Mullinax Murphy Nash Newton Nimnier Northcutt Oglesby Otwell Pafford Palmer Paris Parker, C. A. Poss Potts Ragland Rainey Reaves Richardson Ross

Rowland Russell Scarlett Shanahan Sherman Shuman Sims Smith, G. W. Smith, V. T. Smith, W. L. Snow Starnes Steis Sullivan Sweat Threadgill Tucker Turner Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those voting in the negative were Messrs.

Barfield Cheeks Dent Dodson Fleming

Gaynor Harrison Joiner Kirksey Knapp

Those not voting were Messrs.:

Bennett Blalock Bond Conner Crowe, W. J. Dollar Doster Edwards Gunter Hale Holder Jenkins

Johnson, A. S. Magoon McDaniell Melton Parker, H. W. Parrish Peterson Phillips Pickard Roach Savage

Lee, W. S. Nessmith Odom Rush
Shields Simmons Smith, J. R. Stalnaker Thompson, A. W. Thompson, R. Townsend Tye Underwood Ware Mr. Speaker

THURSDAY, FEBRUARY 8, 1968

1143

On the adoption of the amendment, as amended, the ayes were 157, nays 14.

The amendment, as amended, was adopted.

The following amendment was read:
Mr. Howell of 86th moves to amend Section 2 H. B. 992 Committee Substitute by deleting the entire section and in lieu of insert the follow ing: To read: Section 2. That section 3 of the Act governing and regulat ing the use of public roads and highways of this State, approved March 27, 1941 (Ga. Laws 1941, p. 499), as amended, shall be amended as follows: To read
"Motor vehicles or combination of vehicles hauling forest pro ducts from the forest where cut to the owner's place of business, plant, plantation or residence within the county where originally cut or the adjoining county shall not exceed an axle load of 23,999 pounds, or a maximum gross load of 73,280 pounds by more than ten (10%) percent. Every vehicle using the highways at night shall be equipped with lights clearly visible for a distance of not less than one hundred twenty-five feet from the front and rear thereof. Each load shall be safely secured with sufficient binders."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Anderson Ballard Barber Barfield Battle Berry, J. K. Black Bostick Bowen Branch
Brantley, H. L. Bray Brown, B. D. Chandler Cheeks Clarke Collins, J. F. Collins, M. Conner Dailey

Dent Dixon Dodson Dorminy Edwards Fallin Fleming Gay Gaynor Gignilliat Hadaway
Hall Hargrett Harrington Harris, R. W. Harrison Holder Howell Hutchinson Jenkins Johnson, B.

Joiner Jones, C. M. Jordan, G. Jordan, W. H. Kirksey Knapp Laite Lambert Lane, Dick Lane, W. J. Levitas
Lewis Lovell Magoon Matthews, C. Mauldin Melton Mixon Moate Nessmith Newton

1144
Nimmer Northcutt Pafford Parker, C. A. Parker, H. W. Rainey Reaves Roach Ross

JOURNAL OP THE HOUSE,

Rowland Rush Savage Scarlett Shanahan Smith, G. W. Steis Sullivan Sweat

Wamble Ward Wells Whaley Wilson, J. M. Wilson, R. W. Winkles

Those voting in the negative were Messrs.:

Alexander Berry, C. E. Brantley, H. H. Brown, C. Buck Busbee Games Gates Cato Cole Colwell Cook Cooper, B. Cooper, J. R. Cox Crowe, William Daugherty Davis Dean DeLong Dickinson Dillon Dollar Douglas Egan Farmer Farrar Floyd Funk Gary

Grahl Graves Grier Hamilton Harris, J. F. Harris, J. R. Henderson Higginbotham Hill Hood Howard Johnson, A. S. Jones, M. Kaylor Lambros Land Lee, W. J. (Bill) Lee, W. S. Leonard Lowrey Malone Mason Maxwell McClatchey McDaniell Merritt Miller Moore, J. H. Moreland

Murphy Nash Odom Otwell Palmer Potts Ragland Richardson Russell Sherman Shluman Sims Smith, J. R. Smith, V. T. Smith, W. L. Snow Starnes Thompson, R. Threadgill Townsend Tucker Turner Vaughan, D. N. Vaughn, C. R. Walling Westlake Wiggins Williams Wood

Those not voting were Messrs.:

Bennett Blalock Bond Caldwell Crowe, W. J. Doster Gunter Hale Leggett Longino

Matthews, D. R. McCracken Moore, Don C. Mullinax Oglesby Paris Parrish Peterson Phillips Pickard

Poss Shields Simmons Stalnaker Thompson, A. W.
Tye Underwood Ware Mr. Speaker

THURSDAY, FEBRUARY 8, 1968

1145

On the adoption of the amendment, the ayes were 88, nays 88.

The Speaker Pro Tern voted "nay".

The amendment was lost.
Mr. Hill of the 121st moved that the House reconsider its action in failing to adopt the amendment.

On the motion to reconsider, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Anderson Ballard Barber Barfield Battle Bennett Berry, J. K. Black Bostick Bowen Branch Brantley, H. L. Bray Cato Chandler Cheeks Clarke Collins, M. Conner Dailey Dixon Dodson Dorminy Edwards Fallin Fleming Gay Gaynor Gignilliat

Grahl Hadaway Hall Hargrett Harrington Harris, R. W. Harrison Hill Holder Howell Hutchinson Johnson, B. Jones, C. M. Jordan, G. Jordan, W. H. Kirksey Knapp Lambert Lane, W. J. Lewis Lovell Magoon Matthews, C. Matthews, D. R. Mauldin Melton Moate Mullinax Nessmith

Those voting in the negative were Messrs.:

Adams Alexander Berry, C. E.

Brantley, H. H. Brown, B. D. Brown, C.

Newton Nimmer Northcutt Oglesby Otwell Pafford Paris Parker, C. A. Parker, H. W. Poss Rainey Reaves Roach Rowland Rush Savage Scarlett Shanahan Smith, G. W. Sullivan Sweat Thompson, A. W. Wamble Ward Wells Whaley Wilson, J. M. Wilson, R. W. Winkles
Buck Busbee Games

1146
Gates Cole Colwell Cook Cooper, B. Cooper, J. R. Cox Crowe, William Daugherty Davis Dean DeLong Dent Dickinson Dillon Dollar Doster Douglas Egan Farmer Farrar Floyd Funk Gary Graves Grier Hamilton Harris, J. F. Harris, J. R. Henderson

JOURNAL OF THE HOUSE,

Higginbotham Hood Howard Jenkins Johnson, A. S. Joiner Jones, M. Kaylor Laite Lambros Land Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lowrey Malone Mason Maxwell McClatchey McDaniell Merritt Miller Moore, Don C. Moore, J. H. Moreland Murphy Nash Odom

Palmer Peterson Potts Ragland Richardson Ross Russell Sherman Shuman Sims Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Thompson, R. Threadgill Townsend Tucker Turner Vaughan, D. N. Vaughn, C. R. Walling Westlake Wiggins Williams Wood

Those not voting were Messrs.:

Blalock Bond Caldwell Collins, J. F. Crowe, W. J. Gunter Hale

Leggett Longino McCracken Mixon Parrish Phillips Pickard

Shields Simmons Tye Underwood Ware Mr. Speaker

On the motion, the ayes were 87, nays 98.

The motion was lost.
An amendment, offered by Messrs. Clarke of the 45th and Jones of the 76th, was read and ruled out of order by the Speaker Pro Tern.
Mr. Howell of the 6th moved that HB 992 and all Substitute and amendments thereto tabled.

THURSDAY, FEBRUARY 8, 1968

1147

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

Those voting in the affirmative were Messrs.

Anderson Barber Barfield Battle Bennett Berry, J. K. Black Bowen Branch Brantley, H. L. Bray Chandler Cheeks Clarke Collins, M. Conner Dailey Dent Dillon Dixon Dollar Dorminy

Fleming Gaynor Gignilliat Hadaway Hargrett Harrington Harris, R. W. Harrison Howell Hutchinson Jones, C. M. Jordan, G. Jordan, W. H. Kirksey Knapp Laite Lane, W. J. Lewis Lovell Magoon Mauldin Mixon

Moate Nash Nessmith Newton Nimmer Oglesby Pafford Parker, H. W. Rainey Reaves Rowland Rush Savage Scarlett Shanahan Sullivan Sweat Wamble Whaley Wilson, R. W. Winkles

Those voting in the negative were Messrs.:

Adams Alexander Ballard Berry, C. E. Bostick Brantley, H. H. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Cole Collins, J. F. Colwell Cook Cooper, B. Cooper, J. R. Cox Crowe, William Daugherty Da vis Dean

DeLong Dickinson Dodson Doster Douglas Edwards Egan Fallin Farmer Farrar Floyd Funk Gary Grahl Graves Grier Gunter Hamilton Harris, J. F. Harris, J. R. Henderson Higginbotham Hill Hood

Howard Jenkins Johnson, B. Joiner Jones, M. Kaylor Lambert Lambros Land Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Longino Lowrey Malone Mason Matthews, C. Matthews, D. R. Maxwell McClatchey McDaniell Melton

1148
Merritt Miller Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Northcutt Odom Otwell Palmer Paris Parker, C. A. Peterson Poss Potts

JOURNAL OF THE HOUSE,

Ragland Richardson Roach Ross Russell Sherman Shuman Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis

Thompson, R. Threadgill Townsend Tucker Turner Vaughan, D. N. Vaughn, C. R. Walling Ward Wells Westlake Wiggins Williams Wood

Those not voting were Messrs.:

Blalock Bond Brown, B. D. Crowe, W. J. Gay Hale Hall Holder

Johnson, A. S. Leggett Levitas McCracken Parrish Phillips Pickard Shields

Simmons Thompson, A. W. Tye Underwood Ware Wilson, J. M. Mr. Speaker

On the motion, the ayes were 65, nays 117.

The motion was lost.

The Committee substitute, as amended, was adopted.

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, by substitute, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Ballard Barber Berry, C. E. Black

Bostick Brantley, H. H. Brown, C. Buck Busbee Carnes

Gates Cato Chandler Cheeks Cole Collins, J. F.

THURSDAY, FEBRUARY 8, 1968

1149

Colwell Cook Cooper, B. Cox Crowe, William Daugherty Davis Dean Dent Dickinson Dodson Douglas Edwards Egan Pallin Farmer Farrar Floyd Funk Gary Grahl Graves Grier Hadaway Hall Hamilton Harris, J. F. Harris, J. R. Henderson Higginbotham Hill Hood Howard Hutchinson
Jenkins

Johnson, B. Joiner Jones, M. Kaylor Laite Lambros Land Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Longino Lowrey Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Merritt Miller Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Northcutt Odom

Otwell Palmer Paris Parker, C. A. Peterson Poss Potts Ragland Richardson Ross Sherman Shuman Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Starnes Steis Thompson, R. Threadgill Townsend Tucker Turner Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Wells Westlake Wiggins Wilson, J. M. Wood

Those voting in the negative were Messrs.:

Anderson Barfield Battle Berry, J. K. Bowen Branch Brantley, H. L. Bray Brown, B. D. Caldwell Clarke Collins, M. Dailey Dillon Dixon Dorminy Fleming

Gaynor Gignilliat Hargrett Harrington Harris, R. W. Harrison Howell Jones, C. M. Jordan, G. Jordan, W. H. Kirksey Knapp Lambert Lane, W. J. Lewis Lovell Magoon

Melton Mixon Moate Newton Nimmer Oglesby Pafford Parker, H. W. Rainey Reaves Rowland Rush Russell Savage Scarlett Shanahan Sullivan

1150

JOURNAL OF THE HOUSE,

Sweat Thompson, A. W.

Whaley Wilson, R. W.

Winkles

Those not voting were Messrs.:

Bennett Blalock Bond Conner Cooper, J. R. Crowe, W. J. DeLong Dollar Doster

Gay Gunter Hale Holder Johnson, A. S. Parrish Phillips Pickard Roach

Shields Simmons Stalnaker Tye Underwood Ware Williams Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 123, nays 56.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Mr. Dorminy of the 72nd served notice that at the proper time, he would ask the House to reconsider its action in giving the requisite constitutional majority to HB 992, by substitute, as amended.

Mr. Conner of the 77th stated that he had been called from the floor of the House when the roll was called on HB 992, by substitute, as amended, but had he been present, would have voted "nay".

Mr. Busbee of the 79th moved that the House do now adjourn until 10:00 o'clock tomorrow morning and the motion prevailed.

The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, tomorrow morning.

FRIDAY, FEBRUARY 9, 1968

1151

Representative Hall, Atlanta, Georgia Friday, February 9, 1968

The House met pursuant to adjournment at 10:00 o'clock A.M., this day and was called to order by the Speaker Pro Tern.

Prayer was offered by Rev. Carl L. Cooper, Pastor, First Christian Church, Bainbridge, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Mr. Black of the 56th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:

1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

The following report of the Committee on Rules was read and adopted:

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for Friday, February 9, 1968, and submits the following:

HB

220. Non-resident plaintiff, deposit of costs.

HB

813. Private parking areas, illegally parked.

1152

JOURNAL OF THE HOUSE,

HB

849. Board of Recreation Examiners (reconsidered).

HB

862. Municipalities, grants, quarterly basis.

HB

869. Counties--grants, state disburse quarterly basis (reconsid

ered).

HB

889. Superior Court Clerks, recording fees.

HB

920. Solicitor-General Emeritus (Without recommendation).

HB

931. GBI, Clothing allowance.

HB

935. Subsidiary Corporations, Capital stock.

HB

938. Banking service, corporate powers.

HB

939. Banking law, common stock.

HB

970. Municipal Employees Retirement System, define terms.

HB

980. Highway Director, functions and duties.

HB

987. Highway Director, qualifications.

HB 1010. Piremens' Pension Fund.

HB 1038. Retirement System, General Assembly.

HB 1090. Motor Vehicle liability insurance.

HB 1144. Simulated court process, prohibit use to collect debt.

HB 1178. Political Party Conventions, rules.

HB 1198. Equal pay, male and female.

HB 1264. Tax Collectors, Record of Tax Payment.

HR 217- 712. Revenue bonds, student loans.

HR 382- 867. Impeachment, Mrs. Rebecca L. Garrett.

HR 414- 923. Create Committee, Urban and Municipal Affairs.

HR 521-1103. Loans and scholarships, medical students.

SB

151. Municipal primaries, Election Code.

SB

234. Department of Air Transportation.

SR

146. Pertaining to Uniform Time.

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted,
Busbee of the 79th, Vice-Chairman.

FRIDAY, FEBRUARY 9, 1968

1153

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

HB 1332. By Mr. Matthews of the 94th:
A Bill to be entitled an Act to require each private seed testing labora tory which tests seeds for others or which tests seeds to be offered for public sale to obtain a license from the Georgia Department of Agriculture before operating in the State of Georgia; and for other purposes.
Referred to the Committee on Agriculture.

HB 1333. By Mr. Matthews of the 94th:
A Bill to be entitled an Act to amend Code Chapter 42-2, so as to elimi nate inspection fees for concentrated commercial feeding stuffs; to eliminate the reporting of tonnage of concentrated commercial feeding stuffs for tax purposes; and for other purposes.
Referred to the Committee on Agriculture.

HB 1334. By Mr. Matthews of the 94th:
A Bill to be entitled an Act to repeal an Act entitled "An Act to author ize the Commissioner of Agriculture to determine, establish and promul gate grades and standards of quality for citrus fruit offered for sale or held for sale in this State"; and for other purposes.
Referred to the Committee on Agriculture.

HB 1335. By Mr. Matthews of the 94th:
A Bill to be entitled an Act to amend Code Chapter 62-10, so as to provide that the terms "livestock" and "stock" shall include, but not be limited to "horses"; and for other purposes.
Referred to the Committee on Agriculture.

HB 1336. By Mr. Matthews of the 94th:
A Bill to be entitled an Act to amend Code Chapter 62-99, so as to provide that the term "stock" and "livestock" whenever used in this Chapter shall include horses, unless the context requires otherwise; and for other purposes.
Referred to the Committee on Agriculture.

HB 1337. By Mr. Matthews of the 94th:
A Bill to be entitled an Act to amend an Act making it unlawful for any person to use any persuader in the loading or handling of livestock

1154

JOURNAL OF THE HOUSE,

in a public sales establishment other than an electric prod or canvas flap, so as to provide that the term "livestock" shall include "horses"; and for other purposes.
Referred to the Committee on Agriculture.

HB 1338. By Mr. Matthews of the 94th:
A Bill to be entitled an Act to amend an Act regulating the buying and selling of livestock in the State of Georgia, so as to provide that the term "livestock" shall include horses; and for other purposes.
Referred to the Committee on Agriculture.

HB 1339. By Mr. Matthews of the 94th:
A Bill to be entitled an Act to amend an Act providing for the regula tion of the sale of livestock at auction, so as to provide that the term "livestock" shall include "horses"; and for other purposes.
Referred to the Committee on Agriculture.

HB 1340. By Messrs. Smith of the 114th, Berry of the 113th, Funk of the 116th, Gaynor of the 114th, Gignilliat of the 113th and others:
A Bill to be entitled an Act to amend Code Section 24-2715, so as to permit clerks of the superior courts and clerks of the city courts to microfilm certain matters; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1341. By Mr. Harris of the 118th:
A Bill to be entitled an Act to amend Code Chapter 67-26, so as to con form the provisions of said Code Chapter to the requirements of Sec tion 6323 of the U. S. Internal Revenue Code of 1954, by Public Law 89-719, known as the Federal Tax Lien Act of 1966; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1342. By Mr. Lee of the 79th:
A Bill to be entitled an Act to amend an Act relating to the issuance of motor vehicle license plates in counties, so as to increase the fee for the purchase of license plates by mail from 25 cents to 50 cents; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1343. By Mr. Jordan of the 82nd:
A Bill to be entitled an Act to amend an Act creating the charter for the City of Douglas, so as to provide for the election of the members

FRIDAY, FEBRUARY 9, 1968

1155

of the Board of Commissioners by a majority vote; and for other pur poses.
Referred to the Committee on Local Affairs.

HB 1344. By Mr. Jones of the 76th:
A Bill to he entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide that the governing authorities of certain counties and municipalities shall not authorize the sale of alcoholic beverages for beverage purposes by the drink until the ordinance providing for such sale shall be submitted for approval or rejection by the qualified voters of such municipality; and for other purposes.
Referred to the Committee on Temperance.

HB 1345. By Mr. Jones of the 76th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the clerk of the superior court, sheriff and tax com missioner of Mclntosh County, so as to change the amount of the ex pense allowance received by the sheriff; and for other purposes.
Referred to the Committee on Local Affairs.

HR 617-1345. By Mr. Bennett of the 95th:
A Resolution authorizing the conveyance of a tract of state owned property located in Lowndes County; and for other purposes.
Referred to the Committee on State Institutions & Property.

HR 618-1345. By Mr. Sims of the 131st:
A Resolution proposing an amendment to the Constitution, so as to provide that a Governor may succeed himself but may not serve more than two terms; and to clarify the provisions relating to compensation; and for other purposes.
Referred to the Committee on State of Republic.

HR 619-1345. By Mr. Harrison of the 98th:
A Resolution proposing an amendment to the Constitution so as to create the Woodbine Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1346. By Messrs. Nessmith of the 64th, Matthews of the 94th, Lowrey of the 13th, Newton of the 50th, Jordan of the 78th and others:
A Bill to be entitled an Act to amend an Act known as the "Georgia Agricultural Commodities Promotion Act", so as to repeal the definition

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of and all provisions relating to "marketing agreements"; to redefine the terms "marketing order" and "Seasonal Marketing Regulations"; and for other purposes.
Referred to the Committee on Agriculture.

HB 1347. By Messrs. Odom, Hutchinson, Lee and Busbee of the 79th:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide and empower the City of Albany to furnish aid and relief and to grant pensions to all employees of said City", so as to increase the amount which the City of Albany may levy and assess against the salaries of employees to fund the cost of pensions; and for other purpurposes.
Referred to the Committee on Local Affairs.

HB 1348. By Mr. Matthews of the 94th:
A Bill to be entitled an Act to amend an Act prohibiting the feeding of garbage to animals unless such garbage has been processed in a cer tain manner, and authorizing the Commissioner of Agriculture to pro mulgate rules and regulations prescribing the manner of processing garbage, so as to provide that the terms "stock" and "livestock" when ever used in this Act shall include, but not be limited to, horses; and for other purposes.
Referred to the Committee on Agriculture.
HR 620-1348. By Messrs. Nessmith of the 64th, Matthews of the 94th, Lowrey of the 13th, Newton of the 50th, Jordan of the 78th and others:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide the programs for the pro motion of agricultural products including provisions for quality and/or product control may be instituted, continued or terminated in accord ance with the results of a referendum conducted among the producers of the product or products affected; and for other purposes.
Referred to the Committee on Agriculture.

HR 621-1348. By Mr. Brantley of the 139th:
A Resolution compensating Mr. James E. Phillips, Jr.; and for other purposes.
Referred to the Committee on Appropriations.

HB 1349. By Messrs. Howard of the 101st, Wilson and Henderson of the 102nd:
A Bill to be entitled an Act to amend an Act authorizing certain coun ties in this State to establish and maintain a law library, so as to pro-

FRIDAY, FEBRUARY 9, 1968

1157

vide the comptroller of each such county shall be the treasurer of said board; to eliminate the provision relating to the maximum amount to be collected for said law library; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1350. By Messrs. Howard and McDaniell of the 101st, Cooper of the 103rd, Wilson and Henderson of the 102nd:
A Bill to be entitled an Act to create a law library for the use of the judges, solicitors, ordinaries and other officers of Cobb County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1351. By Messrs. Howard and McDaniell of the 101st, Cooper of the 103rd and Wilson and Henderson of the 102nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Smyrna, so as to amend said Charter as amended in order to add a new section to said Charter to be known as Section 4 (p) so as to increase the corporate limits of the City of Smyrna; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1352. By Mr. Smith of the 3rd:
A Bill to be entitled an Act to amend Code Section 88-103 of the "Georgia Health Code", relating to the composition of the Board of Health, so as to provide an additional member for said Board of Health who shall be a professional hospital administrator; and for other pur poses.
Referred to the Committee on Hygiene and Sanitation.

HR 622-1352. By Mr. Edwards of the 57th:
A Resolution proposing an amendment to the Constitution so as to create the Taylor County Industrial Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1353. By Messrs. Battle of the 116th and Whaley of the 115th:
A Bill to be entitled an Act to provide that the Board of Public Edu cation for the City of Savannah and County of Chatham shall be elected by the voters of Chatham County; to provide for election districts; and for other purposes.
Referred to the Committee on Local Affairs.

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HB 1354. By Messrs. Matthews of the 94th, Lowrey of the 13th, Peterson of the 59th, Black of the 56th, Kirksey of the 87th and others:
A Bill to be entitled an Act to be known as the "Georgia Agricultural Commodities Sales Promotion Act"; to provide for the use, utilization and improvement of the agricultural products of this State through sales promotion thereof; and for other purposes.
Referred to the Committee on Agriculture.

HR 623-1354. By Messrs. Pickard, Jones and Buck of the 112th, Berry and Thompson of the lllth, and Berry and Thompson of the 110th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to empower the commissioners of roads and revenues of Muscogee County to enact ordinances for the policing of the public property, streets and roads of said County, and the Muscogee County Airport; and for other purposes.
Referred to the Committee on Local Affairs.

HR 624-1354. By Messrs. Rainey and Bowen of the 69th: A Resolution proposing an amendment to the Constitution so as to create the Cordele Office Building Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1355. By Mr. Bennett of the 95th: A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide an annual contingent expense allowance for each of the solicitors general of the superior courts", so as to change the annual contingent expense allowance for solicitors general; and for other purposes.
Referred to the Committee on Judiciary.
HB 1356. By Messrs. Fleming and Maxwell of the 106th, Cheeks and Dent of the 104th, Sherman and DeLong of the 105th: A Bill to be entitled an Act to amend the charter of the City of Augusta, incorporated as the City Council of Augusta, so as to provide that the pension funds held by the custodian thereof may be invested in such investments as domestic life insurance companies are permitted to make under the laws of Georgia; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1357. By Messrs. Cheeks of the 104th, Kirksey of the 87th, Sullivan of the 95th, Joiner of the 48th and others: A Bill to be entitled an Act to amend Code Section 92-3109, relating to deductions from gross income, so as to provide that all reasonable

FRIDAY, FEBRUARY 9, 1968

1159

and necessary expenses connected with sending a child to any private school in Georgia, including expenses for tuition, books and trans portation shall be deductible from gross income; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1358. By Messrs. Matthews and Farmer of the 29th:
A Bill to be entitled an Act to authorize certain counties in this State to establish and maintain a law library for the use of the judges, solicitors, ordinaries and other officers of the courts of said counties; and for other purposes.
Referred to the Committee on Local Affairs.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1310. By Mr. Murphy of the 26th:
A Bill to be entitled an Act to amend an Act so as to provide that the City of Bremen shall have the power to condemn land lying outside its corporate limits for sewer and water purposes; and for other pur poses.

HB 1311. By Messrs. Clarke of the 45th, Buck of the 112th, DeLong of the 105th, Snow of the 1st and Dodson of the 107th:
A Bill to be entitled an Act to provide that it shall be unlawful to sell visual or vocal representations depicting nudity, sexual conduct or sado-masochistic abuse of the human body; and for other purposes.

HB 1312. By Mr. Underwood of the 61st:
A Bill to be entitled an Act relating to the practice of all branches of professional engineering, including that branch of engineering com monly known as surveying; creating a State Board of Registration for Professional Engineers and Land Surveyors, so as to require the State Board of Registration for Professional Engineers and Land Surveyors to give examinations relating to certain proficiencies; and for other purposes.

HB 1313. By Messrs. McCracken of the 49th, Mixon of the 81st, Funk of the 116th and Underwood of the 61st:
A Bill to be entitled an Act to amend Code Section 34-1010, so as to provide that candidates for the office of presidential electors seeking to have their names placed upon the ballot through nomination peti tions shall not be required to compile a separate petition for each

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candidate for such office, but shall compile petitions upon which an entire slate of candidates for the office of presidential electors are listed; and for other purposes.

HB 1314. By Messrs. Brantley of the 63rd and Underwood of the 61st:
A Bill to be entitled an Act to prohibit the State of Georgia, any county or municipality thereof, or any department, board, bureau, authority, or other agency of the State of Georgia, or any county or municipality therein, or any employee thereof from deducting any amount from the wages or salary of any employee for the purpose of paying dues for membership in any labor union; and for other purposes.

HB 1315. By Messrs. Clarke of the 45th and Knapp of the 109th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt the sales of tangible personal property and services to certain private elementary and secondary schools from the taxes imposed by said Act; and for other purposes.

HB 1316. By Mr. Jordan of the 82nd:
A Bill to be entitled an Act to abolish the present Board of Education of Coffee County and to create in lieu thereof a new Board of Educa tion for Coffee County; and for other purposes.

HB 1317. By Mr. Jordan of the 82nd:
A Bill to be entitled an Act to amend an Act creating the office of commissioners of roads and revenues in the county of Coffee, so as to create a Board of Commissioners of Roads and Revenues of Coffee County to be composed of five members; and for other purposes.

HB 1318. By Mr. Brantley of the 63rd:
A Bill to be entitled an Act to create a new Board of Education of Candler County; to provide for the membership of said Board; to pro vide for Education Districts; and for other purposes.

HB 1319. By Messrs. Parker of the 68th, Williams of the 16th, Bennett of the 95th, Leggett of the 21st and Northcutt of the 35th:
A Bill to be entitled an Act to amend Code Section 92-2902, relating to motor vehicle licenses, so as to reduce the license fee for certain trucks; and for other purposes.

FRIDAY, FEBRUARY 9, 1968

1161

HB 1320. By Mr. Doster of the 73rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of McRae, so as to establish further election laws for said City and modify other existing laws; and for other purposes.

HR 614-1320. By Mr. Harris of the 85th:
A Resolution compensating Mr. Morris Kammer and his wife, Mrs. Irene Kammer; and for other purposes.

HR 615-1320. By Mr. Jordan of the 82nd:
A Resolution to compensate Mrs. Louie Mae Green; and for other purposes.

HB 1321. By Mr. Underwood of the 61st:
A Bill to be entitled an Act to amend an Act relating to the practice of all branches of professional engineering, including that branch of engi neering commonly known as surveying; creating a State Board of Regis tration for Professional Engineers and Land Surveyors, so as to provide additional requirements of persons appointed to said Board; to change the provisions relating to qualifications of applicants for certificates of registration as professional engineers based upon experience; and for other purposes.

HB 1322. By Messrs. Wilson and Knapp of the 109th and Dodson of the 107th:
A Bill to be entitled an Act to provide that the State Highway Depart ment shall continue to use road mileage figures in annexed territory when determining highway grants to counties until the population fig ures in such annexed territory have been added to the computation for grants to municipalities; and for other purposes.

HB 1323. By Messrs. Wiggins and Threadgill of the 32nd:
A Bill to be entitled an Act to provide for the election of the members of the Board of Education of Carroll County; to provide for numbering positions on the Board; and for other purposes.

HB 1324. By Messrs. Williams and Threadgill of the 32nd:
A Bill to be entitled an Act to provide for the appointment of the School Superintendent of Carroll County by the Board of Education of Carroll County; and for other purposes.

HB 1325. By Mr. Clarke of the 45th:
A Bill to be entitled an Act to create a State Building Administrative Board: to provide for membership of the Board; to authorize the Board to adopt a standard housing code, a standard building code, a standard

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plumbing code, a standard electrical code, and a standard gas code; and for other purposes.

HB 1326. By Mr. Bostick of the 93rd:
A Bill to be entitled an Act to establish an Airport Authority for Tift County to be known as the "Tift County Airport Authority"; and for other purposes.

HB 1327. By Messrs. Howard and McDaniell of the 101st:
A Bill to be entitled an Act to amend Code Section 47-102, relating to senatorial districts, so as to include the Mt. Harmony (1900) militia district (Cobb County) within the 32nd Senatorial District; and for other purposes.

HB 1328. By Messrs. Jenkins, Westlake and Davis of the 119th, Walling of the 118th, Palmer and Malone of the 117th:
A Bill to be entitled an Act to amend Code Section 79A-9911, relating to the violation of the Uniform Narcotic Drug Act and the punishment therefor, so as to change the provisions relating to the punishment for such violation; and for other purposes.

HB 1329. By Messrs. Jenkins, Davis and Westlake of the 119th, Palmer, Smith and Malone of the 117th:
A Bill to be entitled an Act to amend Code Section 13-9933, so as to provide that a person making or delivering a worthless check, draft or order for the payment of money, who receives money or other thing of value in excess of a certain amount as a result thereof, shall be guilty of a felony; and for other purposes.

HB 1330. By Messrs. Cook of the 123rd, Gaynor of the 114th and Sullivan of the 95th:
A Bill to be entitled an Act to provide for the protection of the public health and welfare and to conserve and protect the water resources of the state; and for other purposes.

HB 1331. By Messrs. Lee, Gary and Northcutt of the 35th:
A Bill to be entitled an Act to authorize the governing authority of Clayton County to adopt ordinances and regulations to regulate and control junkyards along certain highways in Clayton County; and for other purposes.

FRIDAY, FEBRUARY 9, 1968

1163

HR 625-1354. By Messrs. Hill of the 121st, Brantley of the 139th and Lane of the 126th:
A Resolution proposing an amendment to the Constitution so as to pro vide that no municipal corporation may annex unincorporated areas contiguous to the existing corporate limits at the time of such annexation until a referendum has been conducted in the area proposed to be annexed and a majority of the electors voting in such election approve such annexation; and for other purposes.

SB 174. By Senator Kidd of the 25th:
A Bill to be entitled an Act to provide for the practice of psychodrama in the State of Georgia; to provide for the creation of the State Board of Examiners of Certified Directors of Psychodrama; and for other pur poses.
SB 212. By Senator Conway of the 41st:
A Bill to be entitled an Act to amend an Act creating the Ocean Science Center of the Atlantic Commission, so as to vest title to all treasure and treasure trove in the State; and for other purposes.

SB 218. By Senators Maclntyre of the 40th, Plunkett of the 30th and Abney of the 53rd: A Bill to be entitled an Act to create the Georgia Commission on the Arts; and for other purposes.
SB 251. By Senator Smalley of the 28th:
A Bill to be entitled an Act to provide the procedure to be followed in the event the Governor orders an investigation of presentments or charges against a sheriff; to provide for a committee to conduct such investigation; and for other purposes.

SB 252. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend an Act providing a Sheriffs' Retire ment Fund of Georgia, so as to clarify the membership of the adminis trative Board of such Fund; and for other purposes.

SB 267. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide that when any member or former member of the General Assembly has been employed by any political subdivision", so as to provide that the provisions of said Act shall not apply to any person employed or elected on or after May 1, 1968; and for other purposes.

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SB 270. By Senators Webb of the llth and Smith of the 18th:
A Bill to be entitled an Act to create The Advisory Committee on Retire ment Systems; to provide for members and their powers, duties, author ity, terms, and compensation; and for other purposes.

SB 273. By Senator Conway of the 41st: A Bill to be entitled an Act to create the American Institute for Research in Bio-technology; to declare the legislative purpose; and for other purposes.
SB 322. By Senator Kidd of the 25th: A Bill to be entitled an Act to amend an Act pertaining to the registra tion and licensing of motor vehicles in counties throughout the State, so as to provide for special and distinctive automobile license plates for members of the General Assembly; and for other purposes.
SR 173. By Senators Spinks of the 9th, Cox of the 21st, Kidd of the 25th and others: A Resolution urging the State Highway Department to place certain signs on the highways of this State which are a part of the National System of Interstate and Defense Highways; and for other purposes.
SR 187. By Senators McKenzie of the 17th, Hall of the 52nd, Eldridge of the 7th and Knight of the 16th: A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for a special assessment for the registration of motor vehicles whose owners do not have liability insurance; and for other purposes.
SR 193. By Senator McGill of the 24th: A Resolution authorizing the conveyance of a certain tract of Stateowned property located in Wilkes County to Wilkes County; and for other purposes.
Mr. Rainey of the 69th District, Chairman of the Committee on Game & Fish submitted the following report:
Mr. Speaker:
Your Committee on Game & Fish has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

FRIDAY, FEBRUARY 9, 1968

1165

HB 1302. Do Pass. HB 1289. Do Pass. HB 1293. Do Pass.

Respectfully submitted, Rainey of the 68th Chairman.

Mr. Steis of the 100th District, Chairman of the Committee on Special Judiciary submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the follow ing Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1296. Do Pass. HB 1309. Do Pass. HB 1300. Do Pass. SB 205. Do Pass as amended.
Respectfully submitted, Steis of the 100th Chairman.

Mr. Chandler of the 47th District, Chairman of the Committee on State Institutions and Properties submitted the following report:

Mr. Speaker:

Your Committee on State Institutions and Properties has had under consid eration the following Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 387- 884. Do Pass.
HR 495-1071. Do Pass By Substitute.
Respectfully submitted,
Chandler of the 47th
Chairman.

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The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:

The Senate has adopted, by substitute, by the requisite constitutional majority the following Resolution of the House to-wit:

HE 142-403. By Messrs. Farrar and Harris of the 118th, Barber of the 24th and Irvin of the llth:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of a retirement system for all employees of public schools who are not covered by the Teachers' Retirement System; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:

HB 898. By Messrs. Jones of the 76th, Adams of the 125th, Williams of the 16th, and others:
A Bill to amend an Act creating a State Board of Registration for Used Car Dealers, so as to change the definition of the terms "Established Place of Business" and "Used Car Dealer"; and for other purposes.

HB 934. By Messrs. Murphy of the 26th and McClatchey of the 138th:
A Bill to amend Code Chapter 13-20, so as to provide for the investment by a bank in the stock of a corporation engaged in international or foreign banking; and for other purposes.

HB 937. By Messrs. Murphy of the 26th and McClatchey of the 138th: A Bill to amend Code Section 13-2012, so as to provide that the provisions of this Section shall not apply to certain types of indebtedness; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House, to-wit:

SB 213. By Senator Miller of the 43rd:
A Bill to prohibit business activities on Sunday; to provide for excep tions; to provide for penalties; to limit the time within which an arrest

FRIDAY, FEBRUARY 9, 1968

1167

for or a warrant charging violations of this Act shall be made or issued; and for other purposes.

SB 219. By Senator Smalley of the 28th:
A Bill to clarify practice and procedure in divorce actions; to repeal conflicting laws; and for other purposes.

SB 250. By Senator Smalley of the 28th:
A Bill to amend Code Section 24-2823, so as to change fees provided for in civil and criminal cases; to repeal conflicting laws; and for other purposes.

SB 308. By Senators Sells of the 37th, Ward of the 39th, Smith of the 34th, and others:
A Bill to amend the Act creating a Joint City-County Board of Tax Assessors in all counties having within its borders all or the greater part of the population of 300,000 or more, according to the U.S. Census of 1950, or any future U.S. Census; to repeal conflicting laws; and for other purposes.

SB 309. By Senators Maclntyre of the 40th, Smith of the 34th, Sells of the 37th, and others: A Bill to provide that the planning departments of certain counties shall furnish the tax assessing officials of any zoning changes; to repeal con flicting laws; and for other purposes.
SB 313. By Senators Ward of the 39th, Maclntyre of the 40th, Smith of the 34th, and others: A Bill to amend an Act to grant to the incorporated municipalities of this State having a population of more than 300,000 certain basic powers; to repeal conflicting laws; and for other purposes.
SB 315. By Senator Coggin of the 35th: A Bill to amend Code Section 84-1404, so as to provide for staggered terms of office for members of the Georgia Real Estate Commission; to repeal conflicting laws; and for other purposes.
SB 319. By Senators Johnson of the 38th, Sells of the 37th, Ward of the 39th, and others: A Bill to amend Code Section 61-306 of the Code of Georgia so as to pro vide that in all counties of the State having a population of 500,000 or

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JOURNAL OF THE HOUSE,

more, the notice required by this Section shall be six (6) days before the execution of the warrant; and for other purposes.

SB 323. By Senator Kidd of the 25th:
A Bill to create a Board of Polygraph Examiners; to provide the Board shall consist of six members; to provide for their terms of office; to repeal conflicting laws; and for other purposes.

SB 328. By Senators Johnson of the 42nd, Conway of the 41st, and Miller of the 43rd:
A Bill to amend an Act establishing the DeKalb County Planning Com mission and empowering it, inter alia, to adopt a "mapped streets plan"; to repeal conflicting laws; and for other purposes.

SB 330. By Senators Padgett of the 23rd and Holley of the 22nd:
A Bill to amend an Act entitled "An Act to provide for the appointment of and the salary for an Executive Secretary and Calendar Clerk to the Judge or Judges presiding in civil matters, as distinguished from domes tic relations and criminal matters;" and for other purposes.

SB 332. By Senator Webb of the llth: A Bill to amend Code Section 31-110, so as to provide that a widow shall be barred from dower if she fails to apply for dower within twelve months of the death of her husband; and for other purposes.
SB 334. By Senator Kilpatrick of the 44th: A Bill to provide a supplement to the compensation of the chief judge of the Superior Court of the Clayton Judicial Circuit; to repeal conflict ing laws; and for other purposes.
SB 343. By Senator Pennington of the 45th: A Bill to guarantee the right of free enterprise and to protect the same from State competition; to provide that no State department, agency or commission shall operate a nursery project for production of ornamental shrubbery; and for other purposes.
HB 362. By Messrs. Gary and Lee of the 35th: A Bill to provide that in all counties having a population of not less than 46,000 nor more than 47,000, the judge of the superior court shall be authorized to appoint the clerk of the superior court of such counties to serve as jury clerk; and for other purposes.

FRIDAY, FEBRUARY 9, 1968

1169

HB 1007. By Mr. Caldwell of the 51st:
A Bill to consolidate and combine the Board of Tax Assessors of the City of Thomaston and the County of Upson; and for other purposes.

HB 1088. By Mr. Crowe of the 80th:
A Bill to amend an Act placing the clerk of the superior court of Worth County on an annual salary in lieu of the fee basis of compensation, so as to provide that all uncollected fees, fines, forfeitures, costs, commis sions, allowances, penalties, or other prerequisites of whatever kind which have accrued to the clerk shall be paid to the clerk of the superior court when collected; and for other purposes.

HB 1108. By Mr. Phillips of the 41st:
A Bill to provide for the election of members of the Board of Education of Columbia County; and for other purposes.

HB 1109. By Mr. Phillips of the 41st:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Columbia County, so as to increase the membership of the Board; and for other purposes.
HB 1110. By Mr. Phillips of the 41st:
A Bill to amend an Act placing the clerk of the superior court, sheriff, and tax commissioner of Columbia County on an annual salary, so as to change the compensation of the sheriff; and for other purposes.

HB 1133. By Mr. Otwell of the 10th: A Bill to amend an Act creating a board of commissioners of roads and revenues for Forsyth County; so as to change the compensation of the chairman of the board; and for other purposes.
HB 1134. By Mr. Otwell of the 10th: A Bill to amend an Act creating the office of Commissioners of roads and revenues of the County of Dawson, so as to change the compensa tion of the commissioner of roads and revenues of said county; and for other purposes.
HB 1138. By Mr. McCracken of the 49th: A Bill to consolidate the offices of tax receiver and tax collector of Jef ferson County into the office of the tax commissioner of Jefferson County; and for other purposes.

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HB 1145. By Messrs. Oglesby and Russell of the 92nd:
A Bill to amend an Act establishing a system of public schools in the City of Thomasville, so as to provide that henceforth citizens elected to the Board of Education shall be chosen to fill seven distinct posts; and for other purposes.

HB 1182. By Messrs. Gary, Lee and Northcutt of the 35th:
A Bill to amend an Act creating the Board of Commissioners of Roads and Revenues for Clayton County, so as to change the compensation of the chairman of the board; and for other purposes.

HB 1184. By Mr. Shuman of the 65th:
A Bill to amend an Act creating the City Court of Springfield in and for the County of Effingham, so as to change the salary of the judge of said court; and for other purposes.

HB 1186. By Messrs. Newton and Lewis of the 50th:
A Bill to amend an Act establishing the City Court of Millen, so as to change the compensation of the judge and the solicitor of said court; and for other purposes.

HB 1187. By Messrs. Newton and Lewis of the 50th: A Bill to provide for compensation for the Clerk of the Superior Court of Jenkins County; and for other purposes.
HB 1188. By Messrs. Newton and Lewis of the 50th: A Bill to amend an Act providing for supplemental compensation to the Ordinary of Jenkins County, so as to change such supplement; and for other purposes.

HB 1191. By Mr. Black of the 56th:
A Bill to provide for staggered terms for the members of the board of education of Chatahoochee County; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following bill of the House, to -wit:

HB 922. By Mr. Shanahan of the 8th:
A Bill to abolish the present mode of compensating the Clerk of the Superior Court and the Ordinary of Gordon County, known as the fee system; and for other purposes.

FRIDAY, FEBRUARY 9, 1968

1171

By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 1215. By Messrs. Cole and Smith of the 3rd:
A Bill to be entitled an Act to amend an Act amending the charter of The City of Dalton, establishing the corporate limits, so as to incorpo rate in said City certain parts of Land Lots Nos. 141, 142, 163, 164, 197, 314, 351, 352, in the 12th District and 3rd Section, and certain parts of Land Lots Nos. 9 and 10 in the 13th District and 3rd Section of Whitfield County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 0.

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

HB 1218. By Mr. Moate of the 39th:
A Bill to be entitled an Act to create and establish a Small Claims Court in each county having a population of not less than 9,977 and not more than 10,140; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 0.

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

HB 1251. By Messrs. Cole and Smith of the 3rd:
A Bill to be entitled an Act to amend an Act amending, revising, super seding and consolidating the laws pertaining to the governing authority of Whitfield County and creating a Board of Commissioners of Roads and Revenues, so as to change the compensation of the Board of Com missioners of Roads and Revenues; and for other purposes.
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, the ayes were 105, nays 0.

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

HB 1268. By Messrs. Smith, Cole and Leonard of the 3rd:
A Bill to be entitled an Act to incorporate the City of Varnell, in the County of Whitfield; to provide for a charter for said city; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 0.

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

HB 1271. By Mr. Bowen of the 69th:
A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court, the Sheriff and the Ordinary of Dooly County on an annual salary, so as to provide that the Ordinary shall receive from Dooly County a sum not less than $150.00 per month and not more than $250.00 per month; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 0.

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

HB 1273. By Mr. Bowen of the 69th:
A Bill to be entitled an Act to create the Small Claims Court of Dooly County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

FRIDAY, FEBRUARY 9, 1968

1173

On the passage of the Bill, the ayes were 105, nays 0.

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

HB 1295. By Mr. Wells of the 30th:
A Bill to be entitled an Act to amend an Act incorporating the Town of North High Shoals in the County of Oconee and State of Georgia, so as to change the corporate limits of said Town; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 0.

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

HB 1297. By Mr. Phillips of the 41st:
A Bill to be entitled an Act to empower the governing authority of Columbia County to construct or repair streets and sidewalks and to lay curbing, water and sewer mains and to assess the cost thereof against the abutting property owners; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1298. By Mr. Bray of the 43rd: A Bill to be entitled an Act to amend an Act placing the compensation of the Sheriff, the Clerk of the Superior Court, the Ordinary and the Coroner of Meriwether County on a salary basis, so as to provide that the Board of Commissioners shall have authority to determine the com pensation of the employees of the Sheriff, Superior Court Clerk and Ordinary of Meriwether County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1174

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On the passage of the Bill, the ayes were 105, nays 0.

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

HB 1299. By Mr. Bray of the 43rd:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend an Act incorporating the City of Manchester", so as to authorize the commissioners for the City of Manchester to adopt ordinances providing for all rules and regulations to govern municipal elections; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 1304. By Mr. Johnson of the 40th: A Bill to be entitled an Act to amend an Act fixing the salary of the treasurer of Glascock County, so as to change the compensation of the treasurer; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1305. By Mr. Johnson of the 40th: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for the County of Glascock, so as to change the compensation of the members of the board; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

FRIDAY, FEBRUARY 9, 1968

1175

On the passage of the Bill, the ayes were 105, nays 0.

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

HB 1306. By Mr. Johnson of the 40th:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Glascock County into the office of tax commissioner of Glascock County, so as to change the compensation of the tax commissioner; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 639. By Messrs. Miller of the 108th and Ragland and Laite of the 109th: A Bill to be entitled an Act to amend an Act establishing the Board of Public Education and Orphanage for Bibb County, as amended, so as to change the method of selection of the members of the Board; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act establishing the Board of Public Education and Orphanage for Bibb County, approved October 23, 1872 (Ga. Laws 1872, p. 388), as amended, so as to change the method of selection of the members of the Board; to provide qualifications for such members; to provide limitations for the reappointment of members to the Board; to provide the procedure for all of the foregoing; to pro vide that the Board shall hold regular monthly meetings after 6:00 p.m.; to provide that the Board shall compile and distribute the rules, regula tions and by laws governing its procedures and operation; to provide for a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
An Act establishing the Board of Public Education and Orphanage for Bibb County, approved October 23, 1872 (Ga. Laws 1872, p. 388), as

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amended, is hereby amended by inserting following Section 2 the follow ing new sections:

"Section 2A. Notwithstanding the above provisions to the con trary, the Board of Public Education and Orphanage for Bibb County hereinafter referred to as Board shall consist of fourteen members, twelve of whom shall be elected to the Board in the man ner hereinafter provided and two of whom shall occupy positions on the Board by virtue of holding the office of a County Commis sioner and by virtue of being Mayor of the City of Macon, Georgia, respectively. The County Commissioner appointed to the Board shall be, from time to time, chosen by and serve at the pleasure of the Board of Commissioners of Roads and Revenues for Bibb County.

"Section 2B. The members presently occupying positions of membership on the Board, or their successors, shall be identified by number in the following manner:

Year of Member's Appointment to the Board 1949 1950 1952 1954 1956 1957 1958 1959 1967 1968

Position 1 2 3 4 5 6 7 8 9 & 10 11 & 12

"Section 2C. After the effective date of this Section, the Ordi nary and judges of the Superior Court of Bibb County shall cease to be members of the Board. In the year 1969, the members of the Board shall elect successors to the incumbents occupying positions 1 and 2. In June of the year 1970, the members of the Board shall elect successors to the incumbents occupying positions 3 and 4 that are then on the Board. In June of the year 1971, the members of the Board shall elect successors to the incumbent occupying positions 5 and 6 that are then on the Board. In June of the year 1972, the members of the Board shall elect successors to the incumbents occu pying positions 7 and 8 that are then on the Board. In June of the year 1973, the members of the Board shall elect successors to the incumbents occupying positions 9 and 10 that are then on the Board. In June of the year 1974, the members of the Board shall

FRIDAY, FEBRUARY 9, 1968

1177

elect successors to the incumbents occupying positions 11 and 12 that are then on the Board. All incumbent members thusly being replaced shall be eligible for reappointment for another six year term unless they were appointed to the Board prior to 1956, in which event they shall not be eligible for reappointment. All ap pointments shall be for a term of six years. Any vacancies, other than those provided for above, on the Board for whatever reason shall be filled as expeditiously as possible by the remaining mem bers of the Board by electing a qualified person who shall serve out the unexpired term of that Board member position. All appoint ments made by the Board shall be subject to the approval or rejec tion of the next succeeding grand jury which convenes immediately following the appointment. The names of all such appointees shall be submitted by the Board to said grand jury; and the grand jury by a majority vote shall either approve the appointment made by the Board or reject said appointment. In the event any appointment shall be rejected by the grand jury, a vacancy shall immediately be deemed to exist on the Board; and the Board shall elect another qualified person to fill said vacancy, who shall also be subject to the approval or rejection of the next succeeding grand jury.

"Section 2D. In each instance it shall take a vote of at least eight members of the Board to elect a member.

"Section 2E. Newly elected members of the Board who have served two consecutive six-year terms on the Board and members of the Board who have attained the age of 70 years shall not be eligible for reappointment as a member of the Board.

"Section 2F. The superintendent of schools for the Bibb County School System shall be appointed by the Board, and he shall serve at the pleasure of the Board.

"Section 2G. The following procedure shall be utilized for the purpose of selecting new members of the Board:

"(a) The President shall appoint a. committee from the Board of not less than three or more than five members to recommend to the full Board any such new member.

"(b) The Superintendent shall notify in writing each mem ber of the Board of the composition of such committee and in vite each Board member to suggest a name or names for selec tion to the Board.

"(c) The President of the Board shall, not less than five days following the Superintendent's notification above men tioned, issue an invitation to the general public to suggest names to fill the vacancy on the Board. Permanent written records shall be maintained which will reflect all names, which were submitted as a result of the public invitation and these records shall be provided to the Grand Jury panel at the time of request for Board appointment approval.

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"(d) The committee shall make a recommendation for the filling of the vacancy to the full Board at a regular meeting not less than thirty days following the date oi the Superin tendent's letter of notification above mentioned. At such meet ing other nominations may he made by any member of the Board. Election shall be by secret ballot, and the favorable votes of at least eight Board members shall be necessary for election to the Board.

"(e) No member of any such committee shall serve again on a committee for the selection to fill a vacancy until all mem bers of the Board shall have had an opportunity to so serve.

"Section 2H. (a) At least one meeting a month of the Board shall be held after 6:00 p.m. in order to give interested citizens an opportunity to attend such meetings.

" (b) Said Board is hereby authorized and directed to com pile in pamphlet or booklet form the rules, regulations and by laws governing the procedures and operation of said Board. A copy of such pamphlet or booklet shall be made available to the principal of each school in the Bibb County School System, and it shall be the duty of such principals or other administrative personnel of such schools to explain such rules, regulations and bylaws to interested citizens upon request."

SECTION 2

It shall be the duty of the Ordinary of Bibb County to issue the call for an election for the purpose of submitting this Act to the voters of Bibb County for approval or rejection. The Ordinary shall set the date of such election for November 5, 1968. The Ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Bibb County. The ballot shall have written or printed thereon the words:

"For approval of the Act changing the method of selection of the members of the Board of Public Education and Orphanage for Bibb County.

"Against approval of the Act changing the method of selection of the members of the Board of Public Education and Orphanage for Bibb County."

All persons desiring to vote in favor of this Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half of the votes cast on
such question are for approval of this Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Bibb County. It shall be the
duty of the Ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the

FRIDAY, FEBRUARY 9, 1968

1179

duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State.

SECTION 3

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

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, by substitute, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.
HR 592-1241. By Messrs. Melton and Brown of the 34th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Spalding County to establish and administer sanitation, sewerage and fire protection districts within the unincor porated areas of said county and to levy taxes, issue bonds and have the power of eminent domain in connection therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The governing authority of Spalding County is hereby given the authority and power to establish and administer within the unincorporated areas of Spalding County, sanitation, sewerage and fire protection districts, each of which shall have such areas as may be found by said governing authority to be desirable; and may therein create, construct, maintain and operate a system, or systems, for said purposes; and provided that a district created for any system may include area of other district or districts created for the same or other systems or purposes and for said purposes shall have the power to make necessary plans and surveys; to hire necessary employees; to levy taxes or assessments on all

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property in said district or districts therefor; to issue bonds and revenue bonds for the construction and maintenance of said sys tems; to enter into contracts with private persons, firms, partner ships, public corporations, corporations and municipal corporations. Taxes may be levied therefor on all property in said districts upon the vote of the majority of the qualified voters of said districts voting at a special election to be called by the ordinary of said county, and to be held in said district upon said question; provided that such taxes shall not exceed five mills upon the valuation of the property located in any such district. Bonds may be issued for such purposes and, if issued, shall be authorized in all respects as provided by Article VII, Section VII, Paragraph I of the Constitu tion at an election called and held by the governing authority of Spalding County, and only those voters residing in such district shall participate in such election held for that purpose. Any other provision of this Constitution to the contrary notwithstanding, the governing authority of said county may issue bonds in an amount up to ten (10%) percent of the assessed valuation of the property located therein subject to taxation for bond purposes and any such bonds issued in and for any such district shall not affect the amount of bonds Spalding County may issue under Article VII, Section VII, Paragraph I of the Constitution for other purposes. Provided further, that the homestead exemption granted by Article VII, Section I, Paragraph IV of the Constitution, and the statutes enacted pursuant thereto, shall not be granted and shall not apply to the levy of the taxes herein authorized and provided for, either for the operation and maintenance of the systems or for debt service. Provided further, that the purposes hereinabove enumer ated the said Spalding County shall have the power of eminent domain and may exercise same upon the payment of just and ade quate compensation as provided by this Constitution and the laws of this State. The planning, construction and establishing of any such system or systems may be financed in whole or in part by the issuance of revenue bonds as provided in the Revenue Bond Law of this State."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to authorize the governing authority of Spalding County to estab-
NO ( ) lish and administer sanitation, sewerage and fire pro tection districts within the unincorporated areas of said county and to levy taxes, issue bonds and have the power of eminent domain in connection there with?"

FRIDAY, FEBRUARY 9, 1968

1181

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall note "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bo stick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Cheeks Clarke Cole Collins, J. F.

Collins, M. Colwell Cook Cooper, B. Cooper, J. R. Cox Crowe, William Dailey Daugherty Davis Dean DeLong Dent Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards Egan Fallin Farrar Fleming Funk Gary Gay Gaynor Gignilliat Graves

Grier Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Knapp Laite Lambert Lambros Lane, Dick Lane, W. J.

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Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Le vitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin McClatchey MeCracken McDaniell Melton Merritt Miller Mixon Moate Moore, J. H. Moreland Mullinax Nash Nes smith

Newton Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Parker, C. A. Parker, H. W. Peterson Potts Ragland Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Shields Shuman Sims Smith, G. W. Smith, J. R.

Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Sweat Thompson, A. W. Threadgill Townsend Tucker Turner Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Bond Conner Crowe, W. J. Dickinson Farmer Floyd Grahl Hale Hall Holder

Hood Kirksey Land Maxwell Hood Moore, Don C. Murphy Paris Parrish Phillips

Pickard Poss Rainey Sherman Simmons Thompson, R. Tye Wiggins Williams Mr. Speaker

On the adoption of the Resolution, the ayes were 176, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

FRIDAY, FEBRUARY 9, 1968

1183

HR 606-1295. By Mr. Roach of the 15th:

A RESOLUTION

Proposing an amendment to the Constitution so as to create the Cherokeee County Airport Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

"A. There is hereby created a body corporate and politic in Cherokee County in the State of Georgia to be known as 'The Cherokee County Airport Authority', which shall be an instrumentality of the County of Cherokee and a public corporation and which in this amendment is hereafter referred to as the Authority.
"B. The Authority shall be composed of seven (7) members, four (4) members shall be appointed by the grand jury of Cherokee County and three (3) members shall be appointed by the commis sioner of roads and revenues for Cherokeee County. The Authority so constituted shall elect its own chairman annually from the membership of the Authority. The terms of the initial members of said Authority shall be as follows: The term of the members ap pointed by the grand jury shall be for two (2) years. The terms of the members appointed by the commissioner of roads and reve nues, shall be for four (4) years. Thereafter, all members appointed shall serve for a term of four (4) years and until their successors are appointed or elected and qualified. To qualify for appointment as a member of this Authority, a person shall have been a resi dent of Cherokee County for a period of not less than five (5) years. The members of the Authority shall draw no compensation but shall be allowed only actual expenses that are incurred on behalf of said Authority outside the limits of Cherokee County.
"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Chero kee County. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority; and shall not in clude exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority.
"D. The powers of the Authority shall include but shall not be limited to, the power:
"(1) To manage, supervise and control any airports or landing fields owned by said Authority or in which the Au thority has any interest therein, and direct and control the construction, equipment, improvement, maintenance and opera tion thereof, including the fixing and establishing of charges, fees and tolls for the use of such airports or landing fields and lands adjacent thereto.

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"(2) To lease or assign to private persons, firms, corpora tions, Governmental agencies or political subdivisions all or any portion of the space, area and improvements of and equipment of such airports or landing fields, provided the public is pro tected in its rightful, equal and uniform use of such airports or landing fields.

"(3) To borrow money for any of its corporate purposes and to issue notes, bonds and debentures and to offer as col lateral the assignment of revenues, tolls, charges and proceeds of any rental lease or option, now existing or any part thereof.

"(4) To issue revenue bonds or obligations for the pur pose of paying all or any part of the cost of any project of the Authority. To exercise all of the rights, powers and privi leges and be subject to the same liabilities as a municipality under the provisions of the Revenue Certificate of Law of 1937 (Ga. Laws 1937, pp. 761-774), as amended, with reference to the issuance of bonds and validation of same insofar as such pertains to the corporate purposes of the Authority.

"(5) To contract with Cherokee County and other political subdivisions of the State of Georgia and with private persons and corporations and to sue and to be sued in its corporate name.

"(6) To have and exercise usual powers of private cor porations, except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Au thority and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority.

"(7) To receive and administer gifts, grants and donations and to administer trusts.

"(8) To designate officers to sign and act for the Au thority generally or any special matter.

"(9) To do any and all acts and things necessary or con venient to accomplish the purpose and powers of the Authority as herein stated.

"E. All fees, charges, tolls, rentals or other revenues derived from the operation or lease of such airports or landing fields shall be used by said Authority to meet in whole or in part the expenses of operations and maintenance of such airports or landing fields. In the event the revenue from the operation or lease of such air ports or landing field exceeds the expenses of operation and main tenance, such excess shall be used for further developments, im provements on the equipment of such airports or landing fields and

FRIDAY, FEBRUARY 9, 1968

1185

if not so used may, at the discretion of the Authority, be paid to Cherokee County.

"F. The Authority is created for the purpose of development, promoting and expanding airport facilities in Cherokee County for the general welfare. Said Authority shall not be authorized to create in any manner any debt, liability or obligation against Cherokee County nor the State of Georgia.

"G. The Authority shall have the same immunity and exemp tion from liability for torts and negligence as the State of Georgia; and the officers, agents and employees of the Authority when in performance of the work of the Authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority.

"H. The property of the Authority shall not be subject to levy and sale under legal process, except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds, or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obliga tion.

"I. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority.

"J. Should said Authority for any reason be dissolved, title to all property of any kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Chero kee County, subject to any mortgages, liens, leases or other en cumbrances outstanding against or in respect to said property at that time."

Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to create the NO ( ) Cherokee County Airport Authority?"

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All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Cheeks Clartse Cole Collins, J. P. Collins, M.

Colwell Cook Cooper, B. Cooper, J. R. Cox Crowe, William Dailey Daugherty Davis Dean DeLong Dent Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards Egan Fallin Farrar Fleming Funk Gary Gay Gaynor Gignilliat Graves Grier Gunter

Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Knapp Laite Lambert Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett

Leonard Levitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, J. H. Moreland Mullinax Nash Nessmith Newton Nimmer

FRIDAY, FEBRUARY 9, 1968

1187

Northcutt Odom Oglesby Otwell Pafford Palmer Parker, C. A. Parker, H. W. Peterson Potts Ragland Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Shields Shuman Sims Smith, G. W. Smith, J. R. Smith, V. T.

Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Sweat Thompson, A. W. Threadgill Townsend Tucker Turner Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Bond Conner Crowe, W. J. Dickinson Farmer Floyd Grahl Hale Hall Holder

Hood Kirksey Land Maxwell Moore, Don C. Murphy Paris Parrish Phillips Pickard

Poss Rainey Sherman Simmons Thompson, R. Tye Wiggins Williams Mr. Speaker

On the adoption of the Resolution, the ayes were 176, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 607-1295. By Messrs. Odom, Busbee, Hutchinson and Lee of the 79th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to delegate to the respective governing authorities of the City of Albany and County

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of Dougherty authority to merge and consolidate, by resolutions of said respective bodies, and without an enabling act of the General Assembly of Georgia, the Boards of Tax Assessors and the depart ments, offices, officers and functions of the City of Albany and of the County of Dougherty relating to the return and assessment of property for taxation, notice of property assessment, hearings, appeals, arbi trations and reviews of property assessments, liens, priority of liens, and enforcement and collection of ad valorem taxes levied by the City of Albany, County of Dougherty and State of Georgia, and other mat ters relating to or incident to the same; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

SECTION 1

Article XI, Section I, Paragraph VI of the Constitution of Georgia is hereby amended by adding at the end thereof the following:

"Notwithstanding any provision of law or of this Constitution to the contrary, the respective governing authorities of the City of Albany and the County of Dougherty, by resolution of each of said governing authorities, and without an enabling act of the General Assembly of Georgia, may merge, consolidate and combine the Boards of Tax Assessors of the City of Albany and the County of Dougherty upon such terms and conditions and in such manner as shall be set forth in said respective resolutions, and may merge, consolidate and combine the departments, offices, officers, and functions of the City of Albany and the County of Dougherty relating to the return and assessment of property for taxation, notice of property assessment, hearings, appeals, arbitration, re views of property assessment, and the enforcement and collection of taxes; may provide in said resolutions for liens, priority of liens and for the enforcement and collection of ad valorem taxes levied by the City of Albany and County of Dougherty and State of Georgia, and any and all other matters relating to or incident to the same; may specify and provide for the time, method and manner of performing any and all such matters and functions, including, without limitation of the foregoing generally, the re tention, release or combination of the present offices and officers, positions and employees, the election or selection of officers and employees to perform such consolidated and combined tax func tions, the compensation and tenure of office and employment of such officers and employees, their classification as officers or em ployees of either the City of Albany or the County of Dougherty, or both, for purposes of compensation, insurance coverage, and retirement, pension and old-age benefits; may designate by said resolutions the time, method and place or places for the perform ance of the services and duties connected with or incident to the consolidated and combined tax functions of the City of Albany and County of Dougherty, and may provide for all other related or incidental matters. Provided, that there shall be vested in and conferred upon such combined and merged Board of Tax Assessors, departments, offices and officers such authority as may be con-

FRIDAY, FEBRUARY 9, 1968

1189

ferred upon Boards of Tax Assessors of counties or municipalities or both under existing laws or those hereinafter enacted. Provided, further, that, except as provided herein, upon resolutions of the respective bodies combining the tax functions, all offices, boards, and officers now existing under any and all acts relating to the City of Albany and the County of Dougherty or to Boards of Tax Assessors of counties and municipalities generally, shall be abol ished and of no force or effect within the City of Albany and the County of Dougherty, and all functions heretofore performed by the Board of Tax Assessors and the tax departments, offices, of ficers, and employees of the City of Albany and the County of Dougherty shall be performed by said combined tax boards, de partments and officers all as provided in said resolutions. Provided, further, that upon adoption of said resolutions the office of Tax Commissioner of the County of Dougherty shall be thereby abol ished and terminated, except that said office shall continue in any event until December 31, 1970, and upon termination the duties and responsibilities and authority of the Tax Commissioner shall be vested in such official or officials or board as shall be designated in the said resolutions of the two respective bodies. Provided, further, that in the performance of any and all of the matters herein auth orized, due process of law shall be afforded, and the right of persons to homestead exemptions as now or hereafter provided by law, as related to ad valorem taxes due to the State of Georgia and the County of Dougherty, shall not be affected hereby. Provided, further that the powers herein designated may be exercised from time to time and either together, separately or in any combination of the same. Provided, further, that nothing herein shall be con strued to authorize any change in the ad valorem millage limitation prescribed by the Constitution of the State of Georgia or by any legislative act."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on the journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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 delegate to the respective governing authorities of the City of Albany and County of Dougherty authority to merge and consolidate, by resolutions of said respective bodies, and without an enabling act of the General Assembly, the Board of Tax Assessors and the de partments, offices, officers and functions of the City of Albany and of the County of Dougherty relating to the return and assessment of property for taxation, notice of property assessment, hearings, appeals, arbi-

1190

JOURNAL OF THE HOUSE,

trations and reviews of property assessments, liens, priority of liens, and enforcement and collection of ad valorem taxes levied by the City of Albany, County of Dougherty and State of Georgia, and other matters relating to or incident to the same?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committeee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates

Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Cook Cooper, B. Cooper, J. R. Cox Crowe, William Dailey Daugherty Davis Dean DeLong Dent Dillon Dixon Dodson Dollar Dorminy Doster

Douglas Edwards Egan Tallin Parrar Fleming Funk Gary Gay Gaynor Gignilliat Graves Grier Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill

FRIDAY, FEBRUARY 9, 1968

1191

Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Knapp Laite Lambert Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett, H. Leonard Le vitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin McClatchey

McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, J. H. Moreland Mullinax Nash Nessmith Newton Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Parker, C. A. Parker, H. W. Peterson Potts Ragland Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett

Shanahan Shields Shuman Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Sweat Thompson, A. W. Threadgill Townsend Tucker Turner Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Bond Conner Crowe, W. J. Dickinson Farmer Floyd Grahl Hale Hall Holder

Hood Kirksey Land Maxwell Moore, Don C. Murphy Paris Parrish Phillips Pickard

Poss Rainey Sherman Simmons Thompson, R. Tye Wiggins Williams Mr. Speaker

On the adoption of the Resolution, the ayes were 176, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

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HR 611-1301. By Messrs. Wilson and Henderson of the 102nd, Howard of the 101st and Cooper of the 103rd:

A RESOLUTION

Proposing a constitutional amendment so as to provide that resi dents of the City of Acworth who are 62 years of age or over, or who are totally disabled, and who have an income from all sources, includ ing the income of certain members of the family, not exceeding $5,000.00 per annum, shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said City; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

SECTION 1

Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:

"Any other provisions of this Constitution to the contrary not withstanding, each resident of the City of Acworth who is sixtytwo years of age or over and who does not have an income from all sources, including the income of all members of the family living in the home of said resident, exceeding $5,000.00 per annum, and each resident of the City of Acworth who is totally disabled and who does not have an income from all sources, including the in come of all members of the family living in the home of said resi dent, exceeding $5,000.00 per annum, is hereby granted an exemp tion of $2,000.00 on his homestead from all ad valorem taxation by the City of Acworth as long as any such resident of the City of Acworth actually occupies said homestead as his residence. Pro vided, however, no homestead shall be subject to more than one $2,000 exemption, as provided for herein. The value of the home stead in excess of the above exempted amount shall remain sub ject to ad valorem taxation by the City of Acworth. Any such resi dent shall not receive the benefits of such homestead exemption unless he files an affidavit with the governing authority of the City of Acworth, or with a person, designated by the governing authority of the City of Acworth, giving his age and the amount of income which he receives and the income which members of the family living in his home receive and such additional information relative to receiving the benefits of such exemption as will enable the governing authority of the City of Acworth, or the person desig nated by the governing authority of the City of Acworth, to make a determination as to whether such owner is entitled to such exemption. The governing authority of the City of Acworth, or the person designated by the said governing authority, shall pro vide affidavit forms for this purpose. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1968."

FRIDAY, FEBRUARY 9, 1968

1193

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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 residents of the City of Acworth who are 62 years of age or over, or who are totally disabled, and who have an income from all sources, including the
NO ( ) income of certain members of the family, not exceed ing $5,000.00 per annum, shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said City?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for election lor members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E.

Berry, J. K. Black Blalock Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray

Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler

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JOURNAL OF THE HOUSE,

Cheeks Clarke Cole Collins, J. F. Collins, M.
Colwell Cook Cooper, B. Cooper, J. R. Cox Crowe, William
Dailey Daugherty Da vis Dean DeLong Dent Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards Egan Fallin Farrar Fleming Funk Gary Gay Gaynor Gignilliat Graves Grier Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Howard Howell

Hutchinson
Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Knapp Laite Lambert Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Le vitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, J. H. Moreland Mullinax Nash Nessmith Newton Nimmer Northcutt Odom Oglesby Otwell

Pafford Palmer Parker, C. A. Parker, H. W. Peterson Potts Ragland Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Shields Shuman Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Sweat Thompson, A. W. Threadgill Townsend Tucker Turner Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Bond Conner Crowe, W. J.

Dickinson Farmer Floyd

Grahl Hale Hall

Holder Hood Kirksey Land Maxwell Moore, Don C. Murphy

FRIDAY, FEBRUARY 9, 1968

1195

Paris Parrish Phillips Pickard Poss Rainey Sherman

Simmons Thompson, R. Tye Wiggins Williams Mr. Speaker

On the adoption of the Resolution, the ayes were 176, nays 0.

The Resolution, having received the requisite two-thirds constitutional major ity, was adopted.

The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 898. By Messrs. Jones of the 76th, Adams of the 125th, Williams of the 16th, Ross of the 31st, Johnson of the 40th and others:
A Bill to be entitled an Act to amend an Act creating a State Board of Registration for Used Car Dealers, so as to change the definition of the terms "Established Place of Business" and "Used Car Dealer"; and for other purposes.

The following Senate amendment was read:
Senate Committee on Highways offers the following amendment to HB 898:
By inserting in the title before the words "to repeal conflicting laws;" the following:
"to provide that the funds to operate said Board shall not exceed a certain amount;".
By renumbering Section 12 as Section 13.
By adding a new Section 12 to read as follows:
"Section 12. Said Act is further amended by adding imme diately after Section 16 a new section to be designated as Section 16A to read as follows:
'Section 16A. There shall not be available for the operation of the State Board of Registration for Used Car Dealers a sum which shall exceed the aggregate total of all fees paid to the

1196

JOURNAL OF THE HOUSE,

Board under the provisions of this Act for the immediately pre ceding fiscal year.' "

Mr. Jones of the 76th moved that the House agree to the Senate amendment.

On the motion, the ayes were 109, nays 0.

The Senate amendment to HB 898 was agreed to.

HB 922. By Mr. Shanahan of the 8th:
A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court and the Ordinary of Gordon County, known as the fee system; and for other purposes.

The following Senate amendment was read:

Senator Fincher of the 51st moves to amend HB 922 as follows:
By striking from Section 5 the following sentence:
"However, the total compensation to be paid by the county for all such personnel shall not exceed the sum of $300.00 per month for each respective office.",

and inserting in lieu thereof a new sentence to read as follows:
"However, the total compensation to be paid by the county for all such personnel shall not exceed the sum of $400.00 per month for each respective office."
Mr. Shanahan of the 8th moved that the House agree to the Senate amend ment.

On the motion, the ayes were 103, nays 0.

The Senate amendment to HB 922 was agreed to.

HB 969. By Messrs. Harris of the 85th, Nessmith of the 64th, Joiner of the 48th and Knapp of the 109th:
A Bill to be entitled an Act to create the Surface Mined Land Use Board under the Department of Mines, Mining and Geology; and for other purposes.

FRIDAY, FEBRUARY 9, 1968

1197

The following Senate amendments were read:

Senate Committee on Agriculture and Natural Resources moves to amend HB 969

By inserting in the title between the word, "penalties;" and the word, "to", the following:

"to provide for an exception;"

By renumbering Sections 12 and 13 as Sections 13 and 14, respec tively.

By inserting a new Section 12 to read as follows:

"Section 12. The provisions of this Act shall not apply to sur face mining activities of the State Highway Department incident to its activities in constructing, repairing, and maintaining the public road system in Georgia. Provided, however, the provisions of this Section shall not extend to any person, firm or corporation contract ing with the State Highway Department to construct, repair or maintain public roads."

Senator Carter of the 14th moves to amend the Committee Amendment to House Bill No. 969 as follows:
By striking the last sentence which reads as follows:
"Provided, however, the provisions of this Section shall not ex tend to any person, firm or corporation contracting with the State Highway Department to construct, repair or maintain public roads.",

and inserting in lieu thereof the following:
"The provisions of this Section shall also extend to any person, firm, or corporation contracting with the State Highway Depart ment to construct, repair or maintain public roads; provided such contracts contain standards for the reclamation of the affected surface mining area and provided further that such standards have been approved by the Surface Mined Land Use Board."

Mr. Harris of the 85th moved that the House agree to the Senate amendments.

On the motion to agree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson

Ballard Barber Barfield

Battle Bennett Berry, J. K.

1198
Black Blalock Bostick Bo wen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cook Cooper, B. Cooper, J. R. Crowe, William Dailey Daugherty Davis DeLong Dent Dillon Dixon Dollar Doster Douglas Edwards Egan Fleming Funk Gary Gay Gaynor Gignilliat Graves Gunter Hadaway Hamilton Hargrett

JOURNAL OF THE HOUSE,

Harris, J. F. Harrington Harris, J. R. Harris, R. W. Harrison Henderson Higginbothani Hill Holder Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Lambert Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Longino Lowrey Malone Mason Matthews, C. Matthews, D. R, Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moore, J. H. Moreland Mullinax Nash

Nessmith Newton Nimmer Northcutt Odom Oglesby Otwell Pafford
Palmer Parker, C. A. Parker, H. W. Peterson
Potts Ragland Reaves Roach Rowland Rush Russell Savage Scarlett Shanahan Sherman S human Sims Smith, G. W. Smith, J. R. Snow Stalnaker Starnes Steis Sullivan Sweat Threadgill Tucker Turner Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Wiggins Williams Wilson, J. M. Wood

Those not voting were Messrs. :

Berry, C. E. Bond Busbee Caldwell

Carnes Cox Crowe, W. J. Dean

Dickinson Dodson Dorminy Fallin

Farmer Farrar Floyd Grahl Grier Hale Hall Hood Jordan, W. H. Kaylor Kirksey Knapp Laite

FRIDAY, FEBRUARY 9, 1968

1199

Land Lovell Magoon Moate Moore, Don C. Murphy Paris Parrish Phillips Pickard Poss Rainey Richardson

Ross Shields Simmons Smith, V. T. Smith, W. L. Thompson, A. W. Thompson, R. Townsend Tye Underwood Wilson, R. W. Winkles Mr. Speaker

On the motion, the ayes were 154, nays 0.

The Senate amendments to HB 969 were agreed to.

The following Resolution of the House was taken up for the purpose of considering the Senate substitute thereto:
HR 13-16. By Messrs. Richardson and Battle of the 116th, Gaynor and Smith of the 114th, Gignilliat and Berry of the 113th and Whaley of the 115th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authorities of the City of Savannah and Chatham County to enact planning and zoning ordinances for historic purposes; and for other purposes.
The following Senate substitute was read:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of the City of Savannah to establish historic zones within a designated area of the City; to provide that inclusion of property within such zone shall not of itself constitute exemption from taxation; to provide for the enactment of planning and zoning ordinances to promote the educational, cultural, economic and general welfare of the City of Savannah by preserving and protecting historic buildings, places, and districts, and to promote the general welfare through the benefits resulting to the economy of the City of Savannah in developing and maintaining its vacation-travel industry; to provide for the definition of the term "historic zone"; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

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JOURNAL OP THE HOUSE,

Section 1. Article XI of the Constitution is hereby amended by adding at the end thereof the following:

"The governing authority of the City of Savannah is authorized to establish 'historic zones' in the City within the area bounded on the north by the Savannah River; on the east by Randolph Street between the Savannah River and Broughton Street and by East Broad Street between Broughton and Gwinnett Streets; on the south by Gwinnett Street; and on the west by West Boundary Street, and to enact appropriate planning and zoning ordinances applicable thereto; provided that inclusion of any property within such zone shall not of itself constitute an exemption from taxation therefor.

"The purposes of such planning and zoning ordinances shall be to promote the education, cultural, economic and general wel fare of the City of Savannah by preserving and protecting historic buildings, places, and districts, and to promote the general welfare through the benefits resulting to the economy of the City of Sa vannah in developing and maintaining its vacation-travel industry.

"As used herein, a 'historic zone' is a district or area within which the buildings, structures, appurtenances and places are of basic and vital importance for the development and maintenance of the community's vacation-travel industry, its tourism, its cul ture, and for the protection of property values because of their association with history; because of their unique architectural style and scale, including color, proportions, form and architectural de tails; or because of their being a part of or related to a square, park or area, the design or general arrangement of which should be preserved and/or developed according to a fixed plan based on economic, cultural, historical or architectural motives or purposes."

Section 2. When the proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to authorize the governing authority of the City of Savannah to establish historic zones within a designated area of
NO ( ) the City of Savannah and enact appropriate planning and zoning ordinances applicable thereto?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

FRIDAY, FEBRUARY 9, 1968

1201

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 returns of the election shall be made in a like manner as returns for elections of members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

Mr. Richardson of the 116th moved that the House agree to the Senate substitute.

On the motion, the ayes were 137, nays 0.

The Senate substitute to HR 13-16 was agreed to.

By unanimous consent, the following Bill of the House was recommitted to the Committee on Agriculture for further study:

HB 945. By Messrs. Black of the 56th, Matthews of the 94th, Kirksey of the 87th and others:
A Bill to be entitled an Act to stabilize the marketing of milk and milk products in Georgia; and for other purposes.

By unanimous consent, the following Bill of the House, having been previ ously unfavorably reported, was recommitted to the Committee on Industry for further study:

HB 855. By Mr. Funk of the 116th:
A Bill to be entitled an Act to provide that it shall be a breach of warranty for any manufacturer of a motor vehicle to notify the pur chaser thereof to surrener the vehicle to the manufacturer or its agent for the purpose of having corrections made in defects and imperfections known or suspected to exist in vehicles sold by the manufacturer; and for other purposes.

Mr. Brown of the 34th asked unanimous consent that the following Resolu tion of the House be withdrawn from further consideration:

HR 450-973. By Messrs. Brown of the 34th and Potts of the 33rd:
A Resolution creating a committee to study Agricultural Experiment Stations; and for other purposes.

1202

JOURNAL OF THE HOUSE,

The consent was granted, and HR 450-973 was withdrawn from further consideration.

Under the general order of business established by the Committee on Rules the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 813. By Mr. Dean of the 20th: A Bill to be entitled an Act to amend an Act providing for the removal and storage at the owner's expense of unauthorized vehicles found in private parking areas; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 931. By Messrs. Bostick of the 93rd, Kaylor of the 4th, Smith of the 3rd and others: A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to provide that the members of the Georgia Bureau of Investigation shall receive an annual clothing allowance; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 109, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1264. By Messrs. Davis, Westlake and Higginbotham of the 119th, Malone, Smith and Palmer of the 117th: A Bill to be entitled an Act to amend Code Section 92-4902, relating to the requirement that tax collectors keep a cash book, so as to provide that entries required to be made in said book shall be entered within a certain length of time after receiving payment of taxes; and for other purposes.

FRIDAY, FEBRUARY 9, 1968

1203

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 1.

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

HB 1090. By Mr. Westlake of the 119th:
A Bill to be entitled an Act to amend Code Section 56-407A, relating to motor vehicle liability insurance requirements and uninsured motor vehicle coverage, so as to provide that motor vehicles covered by cer tain liability insurance policies shall be deemed uninsured motor ve hicles if the insurance company writing the policy is insolvent; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 113, nays 0.

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

HB 889. By Mr. Cato of the 89th:
A Bill to be entitled an Act to amend Code Section 24-2727, relating to the fees of the clerk of the superior courts, so as to change the fees of the clerk relating to the recording liens, mortgages and deeds; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend Code Section 24-2727, relating to the fees of clerks of the superior courts, as amended, so as to change the fees of the clerk relating to recording liens, mortgages and deeds; to provide an effective date; to repeal conflicting laws; and for other purposs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

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JOURNAL OF THE HOUSE,

Section 1. Code Section 24-2727, relating to the fees of the clerk of the superior courts, as amended, is hereby amended by striking there from the following:

"Recording liens and mortgages and deeds, per 100 words -----_-_-------__--__-_--___._--__._._..__.____--_____,,.______ .15",

and by substituting in lieu thereof the following:

"Recording liens and mortgages and deeds, per page or fractional part thereof ____________________________________________________ 1.25".

Section 2. The provisions of this Act shall become effective on June 1, 1968.

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

An amendment to the Committee substitute, offered by Mr. McDaniell of the 101st, was read and lost.

The Committee substitute was lost.

The following substitute, offered by Mr. Cato of the 89th, was read and adopted:
A BILL
To be entitled an Act to amend Code Section 24-2727, relating to the fees of clerks of the superior courts, as amended, so as to change the fees of certain clerks for recording liens, mortgages and deeds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 24-2727, relating to the fees of the clerks of the superior courts, as amended, is hereby amended by striking there from the following:
"Recording liens and mortgages and deeds, per 100 words ____,,__________.________---_----.___,,----___.___-_______..-_,,,, .15",
and by substituting in lieu thereof the following:

FRIDAY, FEBRUARY 9, 1968

1205

"Recording liens and mortgages and deeds, per page or fractional part thereof when photostatic or photographic equipment is used ____----__----__,,-----_._-_.--..._.__.__--_.....__ 1.25

"Recording liens and mortgages and deeds, per 100 words when photostatic or photographic equipment is not used .,,_. .15".

Section 2. The provisions of this Act shall become effective on June 1, 1968.

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

Mr. Mixon of the 81st moved that HB 889 and all amendments thereto be tabled.

The motion was lost.

Mr. Mixon of the 81st moved that further consideration of HB 889 be post poned until Monday, February 12, 1968.

The motion was lost.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Barber Battle Berry, J. K. Black Blalock Branch Brantley, H. H. Bray Brown, C. Carnes Gates

Cato Chandler Cheeks Collins, J. F. Collins, M. Colwell Conner Cook Cooper, J. R. Crowe, W. J. Dailey Daugherty

Davis DeLong Dent Dickinson Dillon Dixon Dodson Dollar Doster Douglas Egan Farmer

1206

JOURNAL OF THE HOUSE,

Fleming Gary Gay Gaynor Gignilliat Grahl Graves Gunter Hall Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham Hill Holder Hood Howell Hutchinson Jenkins Johnson, A. S. Joiner Jones, C. M. Jordan, G. Kaylor Knapp Lane, Dick Lee, W. J. (Bill)

Lee, W. S. Le vitas Longino Lovell Lowrey Malone Mason Mauldin Maxwell McClatchey McCracken Melton Merritt Miller Moate Moore, Don C. Moore, J. H. Moreland Mullinax Nash Nessmith Northcutt Oglesby Otwell Pafford Palmer Parker, C. A. Peterson Phillips

Poss Potts Richardson Rowland Rush Shanahan Sherman Simmons Sims Smith, G. W. Smith, W. L. Stalnaker Starnes Steis Sweat Threadgill Townsend Vaughan, D. N. Walling Wamble Ward Ware Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Wood

Those voting in the negative were Messrs.

Alexander Anderson Ballard Berry, C. E. Brantley, H. L. Buck Clarke Cole Crowe, William Dorminy

Hadaway Howard Jones, M. Lewis Matthews, C. McDaniell Mixon Newton Parker, H. W. Ragland

Reaves Ross Russell Savage Shields Snow Thompson, A. W. Thompson, R. Tucker

Those not voting were Messrs.:

Barfield Bennett Bond Bostick Bo wen Brown, B. D. Busbee Caldwell

Cooper, B. Cox Dean Edwards Fallin Farrar Floyd Funk

Grier Hale Hamilton Henderson Johnson, B. Jordan, W. H. Kirksey Laite

Lambert Lambros Land Lane, W. J. Leggett Leonard Magoon Matthews, D. R. Murphy Nimmer

FRIDAY, FEBRUARY 9, 1968

1207

Odom Paris Parrish Pickard Rainey Roach Scarlett Shuman Smith, J. R. Smith, V. T.

Sullivan Turner Tye Underwood Vaughn, C. R. Wells Winkles Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 124, nays 29.

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

Mr. Mixon of the 81st served notice that at the proper time, he would ask the House to reconsider its action in giving the requisite constitutional majority to HB 889, by substitute.

HR 217-712. By Messrs. Russell of the 92nd, Barber of the 24th and Laite of the 109th:
A RESOLUTION
Proposing a constitutional amendment so as to authorize the Gen eral Assembly to provide by law for the issuance of revenue bonds for the purpose of making direct loans to students in order to allow such students to acquire an education beyond the twelfth grade; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
The Constitution is hereby amended by adding, immediately follow ing the paragraph appearing in Article VII, Section I, Paragraph II, which reads as follows:
"The General Assembly is hereby authorized to provide by law for a program of guaranteed student loans and for the payment of interest on such loans, which loans shall be used for the purpose of acquiring an education beyond the twelfth (12th) grade. The General Assembly is authorized to create an authority, a corpora tion or other entity for the purpose of administering any such law. Such law shall provide the agencies which may participate in any

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JOURNAL OF THE HOUSE,

such loan program which may include commercial banks, savings banks, savings and loan associations, life insurance companies, credit unions, and retirement and pension systems. Such law shall provide a maximum rate of interest which may be charged for such loans and shall provide a portion of such interest which will be paid by the State. State funds may be expended for such pur poses and the General Assembly is hereby authorized to appropriate money therefor. The General Assembly is also authorized to pro vide that contributions for the purposes provided herein shall be deductible for State income tax purposes. The General Assembly is also authorized to provide for such tax exemptions as shall be deemed advisable in connection with such program. The General Assembly is hereby authorized to provide for all other matters relative to the purposes provided for herein.",

a new paragraph to read as follows:
"The General Assembly is hereby authorized to provide by law for the issuance of revenue bonds for the purpose of making direct loans to students in order to allow such students to acquire an edu cation beyond the twelfth (12th) grade. The amount of such reve nue bonds that may be outstanding at any one time, the interest rates, terms and conditions associated with the issuance of such bonds and all other matters relating to the issuance of such bonds shall be as the General Assembly shall provide by law. Such bonds shall be retired by the proceeds derived from the repayment of such student loans plus the interest, which may be such rate or rates as the General Assembly shall determine, on such loans in such manner and under such terms and conditions as the General Assem bly shall determine. To the extent necessary to secure the issuance and sale of such bonds, such bonds may be retired from State funds in such manner as the General Assembly shall determine, any other provisions of this Constitution to the contrary notwithstanding."

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to provide by law for the issu ance of revenue bonds for the purpose of making
NO ( ) direct loans to students in order to allow such students to acquire an education beyond the twelfth grade?"
All persons desiring to vote in favor of ratifying the proposed amendment shall note "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

FRIDAY, FEBRUARY 9, 1968

1209

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 returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Battle Berry, C. E. Berry, J. K. Black Blalock Bond Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Carnes Gates Cato Chandler Clarke Cole Coiling, J. F. Colwell Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis

Dean DeLong Dent Dillon Dixon Doster Douglas Edwards Egan Fallin Farmer Fleming Funk Gary Gay Gaynor Gignilliat Graves Grier Gunter Hadaway Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harrison Henderson Higginbotham Hill Holder Hood Howell Hutchinson Johnson, A. S.

Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, C. Kaylor Lambert Lambros Lane, Dick Lana, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Longino Lovell Lowrey Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moore, J. H. Moreland Mullinax Nash

1210
Nessmith Newton Northcutt Odom Oglesby Otwell Pafford Palmer Parker, C. A. Parker, H. W. Peterson Phillips Potts Ragland Reaves Richardson Roach Ross

JOURNAL OP THE HOUSE,

Rowland Rush Russell Savage Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, W. L. Snow Stalnaker Starnes Steis Sweat Thompson, R.

Threadgill Tucker Turner Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Barfield Bennett Bostick Bowen Busbee Caldwell Cheeks Collins, M. Dickinson Dodson Dollar Dorminy Farrar Floyd Grahl

Hale Harris, R. W. Howard Jenkins Jordan, W. H. Kirksey Knapp Laite Land Magoon Moate Moore, Don C. Murphy Nimmer Paris

Parrish Pickard Poss Rainey Scarlett Smith, J. R. Smith, V. T. Sullivan Thompson, A. W. Town send
Tye Underwood Wiggins Mr. Speaker

On the adoption of the Resolution, the ayes were 161, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HB 220. By Messrs. Wilson and Henderson of the 102nd, Howard and McDaniell of the 101st, Cooper of the 103rd and Leggett of the 21st:
A Bill to be entitled an Act to amend Code Section 24-1103, relating to deposit of costs by a non-resident plaintiff, so as to require every plaintiff to make a deposit on account of costs when he files his suit; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

FRIDAY, FEBRUARY 9, 1968

1211

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Brown, C. Busbee Carnes Gates Chandler Cheeks Clarke
Cole
Collins, M. Colwell Conner Cook Cooper, B. Cox Crowe, William Dailey Daugherty Davis Dean DeLong Dent Dillon Dollar Dorminy Douglas Edwards Fallin Farrar Fleming Funk Gay Gaynor Gignilliat

Graves Gunter Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Holder Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Lambros Lane, Dick Lee, W. S. Leggett Leonard Lovell Lowrey Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miller Mixon Moore, Don C. Moore, J. H. Moreland Mullinax Nash

Nessmith Odom Oglesby Otwell Pafford Palmer Parker, C. A. Parker, H. W. Parrish Poss Potts Ragland Reaves Richardson Roach Ross Rowland Rush Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, W. L. Snow Starnes Steis Sullivan Thompson, A. W. Thompson, R. Tucker Turner Underwood Vaughan, D. N. Vaughn, C. R. Walling Ward Ware Wells Westlake Whaley Williams Wilson, J. M. Wood

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JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Dixon Dodson Farmer

Knapp Lewis Sweat

Wilson, R. W.

Those not voting were Messrs.:

Ballard Bond Bray Brown, B. D. Buck Caldwell Cato Collins, J. F. Cooper, J. R. Crowe, W. J. Dickinson Doster Egan Floyd Gary Grahl Grier Hale

Hall Hill Jordan, W. H. Kirksey Laite Lambert Land Lane, W. J. Lee, W. J. (Bill) Levitas Longino Magoon McCracken Moate Murphy Newton Nimmer

Northcutt Paris Peterson Phillips Pickard Rainey Russell Smith, J. R. Smith, V. T. Stalnaker Threadgill Townsend Tye Wamble Wiggins Winkles Mr. Speaker

On the passage of the Bill, the ayes were 146, nays 7.

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

Messrs. Knapp and Wilson of the 109th and Dodson of the 107th stated that they had inadvertently voted "nay" but intended to vote "aye" on HB 220.

Under the general order of business established by the Committee on Rules, the following Bill of the House was again taken up for consideration:

HB 849. By Messrs. Lane of the 126th, Cox of the 127th, Dillon of the 128th and Davis of the 119th:
A Bill to be entitled an Act to create the Board of Recreation Examiners of the State of Georgia as a division of the Georgia Recreation Com mission; and for other purposes.

The following amendments were read and adopted:

FRIDAY, FEBRUARY 9, 1968

1213

Committee Amendments to HB 849:

By striking in the title the words and phrases which read as fol lows:

"to provide for the appointment of the members of the said Board by the Governor with the advice and consent of the Board of Directors of the Georgia Recreation Parks Society",

and inserting in lieu thereof the words and phrases which read as fol lows:

"to provide for the appointment of the members of said Board by the Governor with suggestions from the Board of Directors of the Georgia Recreation Parks Society;".

By inserting in Section 7, Subsection (a), Paragraph (2) the words:

"from an accredited college"

after the following:

"degree in a field related to recreation,".

By striking Subsection (b) of Section 8, which reads as follows:

"(b) In meeting the above designated qualifications, an appli cant may substitute an additional year of successful recreational experience.".

By adding to Subsection (a) of Section 13 the following:

"Those persons who would have been qualified to receive a cer tificate even if this Subsection did not exist shall be designated as 'certified licensed'. Those persons who would not have been qualified to receive a certificate if this Subsection did not exist shall be designated as 'licensed'.".

By adding to Subsection (b) of Section 13 the following:

"Those persons who would have been qualified to receive a cer tificate even if this Subsection did not exist shall be designated as 'certified licensed'. Those persons who would not have been qualified to receive a certificate if this Subsection did not exist shall be designated as 'licensed'.".

By striking in Subsection (c) of Section 13 the figure which reads as follows:
"90",

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JOURNAL OP THE HOUSE,

and inserting in lieu thereof the figure which reads as follows: "180",

and by adding to the end of Subsection (c) of Section 13 the following:
"Those persons who would have been qualified to receive a cer tificate even if this Subsection did not exist shall be designated as 'certified licensed'. Those persons who would not have been qualified to receive a certificate if this Subsection did not exist shall be designated as 'licensed'.".

By striking Section 20, which reads as follows:
"Section 20. All laws and parts of laws in conflict with this Act are hereby repealed.",

and inserting in lieu thereof the following:
"Section 20. The office of Secretary of State shall have the duty to bring together and keep all records of said Board; to re ceive all applications for licenses; to schedule a time and place for examinations (with the consent of the Board) ; to schedule a time and place for all hearings; to issue certificates upon authority of the Board; to collect all fees and to remit same to the State Treasury.
All orders and processes of the Board shall be signed and at tested by the Secretary of State, and any notice or legal process necessary to be served upon the Board may be served upon the Secretary of State.
The expenses of the Secretary of State and the expenses and salaries incident to the work of his office shall be paid out of fees remitted to the State Treasurer from the Board. Any and all bal ances on hand at the end of each year shall be maintained in the State Treasury for the use and maintenance of the Board and the office of Secretary of State. All persons practicing with a license from the Board shall be required to register annually with the Secretary of State upon blanks furnished for such purpose. The Secretary of State shall notify the tax collectors in each of the counties of this State of the names of the persons so registered with him as licensed by the Board."
By adding a new Section, to be designated as Section 21, to read as follows:
"Section 21. All laws and parts of laws in conflict with with this Act are hereby repealed."
Mr. Smith of the 117th moves to amend HB 849 as follows:
By striking the words "an accredited" wherever the same shall appear in Sections 7, 8 and 9 and inserting in lieu thereof "a".

FRIDAY, FEBRUAEY 9, 1968

1215

An amendment, offered by Mr. Dixon of the 83rd, was read and lost.

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, as amended, the ayes were 114, nays 5.

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

Mr. Busbee of the 79th stated that he was in committee meetings when the roll calls were ordered on HE 592-1241, HE 606-1295, HE 607-1295, HE 611-1301, HB 969, HB 889, HE 217-712 and HB 220, hut wished to be recorded as voting

Pursuant to SR 202, adopted by the House and Senate, the Speaker Pro Tern announced the House adjourned until 10:00 o'clock, Monday Morning, February 12, 1968.

1216

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, February 12, 1968.

The House met pursuant to adjournment at 10:00 o'clock, A. M., this day and was called to order by the Speaker.

Prayer was offered by Rev. John K. Turner, Pastor, Preston Methodist Church, Preston, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Mr. Black of the 56th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the calendar for today's business, February 12, 1968, and submits the following:

MONDAY, FEBRUARY 12, 1968

1217

HB

259. Motor vehicle ad valorem tax, payment

HB

557. Board of Examiners, plumbing contractors

HB

862. Municipalities, grants, quarterly basis

HB

869. Counties - grants, state disburse quarterly basis (reconsidered)

HB

920. Solicitor-General Emeritus (without Committee recommendation)

HB

935. Subsidiary Corporations, capital stock

HB

938. Banking service, corporate powers

HB

939. Banking law, common stock

HB

957. Workmen's Compensation, county employees

HB

970. Municipal Employees' Retirement System, define terms

HB

980. Highway Director, functions and duties

HB

987. Highway Director, qualifications

HB 1010. Firemens' Pension Fund

HB 1037. Retirement System, General Assembly

HB 1038. Burning of Cross, public or private property

HB 1087. Municipal primary, elector

HB 1144. Simulated court process, prohibit use to collect debt

HB 1178. Political Party Conventions, rules

HB 1198. Equal pay, male and female

HB 1240. Municipalities and counties, employees, strikes

HR 382- 867. Impeachment, Mrs. Rebecca L. Garrett

HE 414- 923. Create Committee, Urban & Municipal Affairs

HR 521-1103. Loans and scholarships, medical students

SB

151. Municipal primaries, Election Code

SB

210. Cruel treatment of children, dentists report

SB

234. Department of Air Transportation

SR

146. Pertaining to Uniform Time

The Speaker shall have the right to call the above Bills and Resolutions in

any order which he may desire.

Respectfully submitted,

Busbee of the 79th Vice-Chairman

1218

JOURNAL OF THE HOUSE,

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

HB 1359. By Messrs. Moore of the 12th and Barber of the 24th:
A Bill to be entitled an Act to amend an Act providing that teachers in the public schools of this State shall be entitled to sick leave with full pay, so as to provide that a teacher may use three (3) days of his or her sick leave for personal leave upon proper notice to the principal of the school; and for other purposes.
Referred to the Committee on Insurance.

HB 1360. By Mr. Shanahan of the 8th:
A Bill to be entitled an Act to amend Code Chapter 56-24, so as to provide that the circumstances under which certain policies may be cancelled; to provide for advance notice of intention not to renew certain policies; to provide a means whereby the insured may be given reasons for the failure of the insurer to renew certain policies; and for other purposes.
Referred to the Committee on Insurance .

HB 1361. By Mr. Cooper of the 16th:
A Bill to be entitled an Act to provide for the protection and safeguard ing of the public health, safety, and welfare by controlling and regulat ing the dispensing, sale, distribution, supplying or fitting of mechan ical, electronic or other hearing aid devices and instruments and pro viding for the regulation and control of firms and individuals concerned with sale, distributing, dispensing, supplying, or fitting same to the public; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 1362. By Mr. Ross of the 31st:
A Bill to be entitled an Act to amend an Act placing the sheriff, ordi nary and clerk of the Superior Court of Wilkes Conuty upon an annual salary, so as to change the compensation of the ordinary; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1363. By Mr. Buck of the 112th:
A Bill to be entitled an Act to amend an Act repealing Sections 83-101 through 83-106, inclusive, and Section 83-118 of the Code of Georgia of 1933 and providing a procedure for the condemnation of private ways

MONDAY, FEBRUARY 12, 1968

1219

by individual persons and corporations, so as to clarify the title of said Act; and for other purposes.
Referred to the Committee on Judiciary.

HB 1364. By Mr. Savage of the 68th:
A Bill to be entitled an Act to amend an Act providing that the Ordi nary of Macon County be placed on a salary in lieu of fees, so as to change the compensation of said Ordinary; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1365. By Mr. Ballard of the 37th:
A Bill to be entitled an Act to amend an Act placing the sheriff of the Superior Court of Newton County on a salary basis, so as to change the compensation of the sheriff; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1366. By Messrs. Harris, Farrar, Walling and Levitas of the 118th:
A Bill to be entitled an Act to create the City of Decatur Parking Auth ority; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1367. By Messrs. Williams of the 16th, Hood of the 124th, Lambros of the 130th, Hutchinson of the 79th, Games of the 129th and Anderson of the 71st:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety and providing for the issuance, suspension, revocation and cancellation of driver's licenses, so as to provide that the Director of the Department of Public Safety shall formulate and prescribe the rules and regulations under which licenses to operate motor vehicles within this State shall be granted, suspended, revoked or cancelled; and for other purposes.
Referred to the Committee on Motor Vehicles.
HR 626-1367. By Mr. Branch of the 74th:
A Resolution directing the State Librarian to convey reports of the Court of Appeals and Supreme Court to the Appling County Superior Court Library; and for other purposes.
Referred to the Committee on Special Judiciary.
HR 627-1367. By Mr. Hadaway of the 46th:
A Resolution proposing an amendment to the Constitution so as to create the Jasper County Industrial Development Authority; and for other pur poses.
Referred to the Committee on Local Affairs.

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JOURNAL OF THE HOUSE,

HB 1368. By Messrs. Wiggins and Threadgill of the 32nd:
A Bill to be entitled an Act to amend an Act incorporating the Town of Whitesburg, so as to change the date for electing the mayor and council; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1369. By Mr. Nimmer of the 84th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Pierce County upon an annual salary, so as to change the compensation of the two full-time deputy sheriffs; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1370. By Mr. Nimmer of the 84th:
A Bill to be entitled an Act to amend an Act creating the office of com missioners of roads and revenues of the County of Brantley, so as to reduce the number of commissioners; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1371. By Mr. Nimmer of the 84th:
A Bill to be entitled an Act to abolish the office of Treasurer of Brantley County; to provide for the transfer of the duties of said office to the governing authority of Brantley County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1372. By Mr. Nimmer of the 84th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues of Pierce County, so as to change the compensation of the chairman; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1373. By Mr. Nimmer of the 84th:
A Bill to be entitled an Act to create the Brantley County Development Authority; to provide for issuing revenue-anticipation certificates and for the validation of such certificates; and for other purposes.
Referred to the Committee on Local Affairs.

HR 628-1373. By Mr. Nimmer of the 84th:
A Resolution proposing an amendment to the Constitution so as to create the Brantley County Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.

MONDAY, FEBRUARY 12, 1968

1221

HR 629-1373. By Messrs. Howard and McDaniell of the 101st, Wilson and Henderson of the 102nd, and Cooper of the 103rd:
A Resolution proposing an amendment to the Constitution so as to change the composition of Education District No. 2 in Cobb County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1374. By Messrs. Paris of the 23rd, Murphy of the 26th, Lane of the 64th and Caldwell of the 51st:
A Bill to be entitled an Act to amend an Act known as the "Georgia Building Authority (Penal) Act", so as to provide for a maximum bond limitation not to exceed eighteen million ($18,000,000.00) dollars; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 1375. By Mr. Barber of the 24th:
A Bill to be entitled an Act to provide that no person shall enter into any contract or make any purchase which involves the aggregate sum of one hundred ($100.00) dollars or more for or on the behalf of students of any school or institution supported in whole or in part from public funds unless such person complies with the rules and regulations pre scribed by the supervisor of purchases for making purchases for State agencies; and for other purposes.
Referred to the Committee on Education.

By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the committee:

HB 1402. By Mr. Dollar of the 89th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Bainbridge, so as to change the number of aldermen; to change the method of electing aldermen; and for other purposes.
Referred to the Committee on Local Affairs.

By unanimous consent, the following Bills and Resolutions of the House were read the second time:

HB 1332. By Mr. Matthews of the 94th:
A Bill to be entitled an Act to require each private seed testing labora tory which tests seeds for others or which tests seeds to be offered for

1222

JOURNAL OF THE HOUSE,

public sale to obtain a license from the Georgia Department of Agricul ture before operating in the State of Georgia; and for other purposes.

HB 1333. By Mr. Matthews of the 94th:
A Bill to be entitled an Act to amend Code Chapter 42-2, so as to eliminate inspection fees for concentrated commercial feeding stuffs; to eliminate the reporting of tonnage of concentrated commercial feed ing stuffs for tax purposes; and for other purposes.

HB 1334. By Mr. Matthews of the 94th:
A Bill to be entitled an Act to repeal an Act entitled "An Act to auth orize the Commissioner of Agriculture to determine, establish and pro mulgate grades and standards of quality for citrus fruit offered for sale or held for sale in this State"; and for other purposes.

HB 1335. By Mr. Matthews of the 94th: A Bill to be entitled an Act to amend Code Chapter 62-10, so as to pro vide that the terms "livestock" and "stock" shall include, but not be limited to "horses"; and for other purposes.
HB 1336. By Mr. Matthews of the 94th: A Bill to be entitled an Act to amend Code Chapter 62-99, so as to provide that the term "stock" and "livestock" whenever used in this Chapter shall include horses, unless the context requires otherwise; and for other purposes.
HB 1337. By Mr. Matthews of the 94th: A Bill to be entitled an Act to amend an Act making it unlawful for any person to use any persuader in the loading or handling of livestock in a public sales establishment other than an electric prod or canvas flap, so as to provide that the term "livestock" shall include "horses"; and for other purposes.
HB 1338. By Mr. Matthews of the 94th: A Bill to be entitled an Act to amend an Act regulating the buying and selling of livestock in the State of Georgia, so as to provide that the term "livestock" shall include horses; and for other purposes.
HB 1339. By Mr. Matthews of the 94th: A Bill to be entitled an Act to amend an Act providing for the regula tion of the sale of livestock at auction, so as to provide that the term "livestock" shall include "horses"; and for other purposes.

MONDAY, FEBRUARY 12, 1968

122S

HB 1340. By Messrs. Smith of the 114th, Berry of the 113th, Funk of the 116th, Gaynor of the 114th, Gigniliatt of the 113th and others:
A Bill to be entitled an Act to amend Code Section 24-2715, so as to permit clerks of the superior courts and clerks of the city courts to microfilm certain matters; and for other purposes.

HB 1341. By Mr. Harris of the 118th:
A Bill to be entitled an Act to amend Code Chapter 67-26, so as to con form the provisions of said Code Chapter to the requirements of Sec tion 6323 of the U. S. Internal Revenue Code of 1954, by Public Law 89-719, known as the Federal Tax Lien Act of 1966; and for other purposes.

HB 1342. By Mr. Lee of the 79th:
A Bill to be entitled an Act to amend an Act relating to the issuance of motor vehicle license plates in counties, so as to increase the fee for the purchase of license plates by mail from 25 cents to 50 cents; and for other purposes.

HB 1343. By Mr. Jordan of the 82nd:
A Bill to be entitled an Act to amend an Act creating the charter for the City of Douglas, so as to provide for the election of the members of the Board of Commissioners by a majority vote; and for other pur poses.

HB 1344. By Mr. Jones of the 76th:
A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide that the governing authorities of certain counties and municipalities shall not authorize the sale of alcoholic beverages for beverage purposes by the drink until the ordinance providing for such sale shall be submitted for approval or rejection by the qualified voters of such municipality; and for other purposes.

HB 1345. By Mr. Jones of the 76th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the clerk of the superior court, sheriff and tax commis sioner of Mclntosh County, so as to change the amount of the expense allowance received by the sheriff; and for other purposes.

HR 617-1345. By Mr. Bennett of the 95th:
A Resolution authorizing the conveyance of a tract of state owned property located in Lowndes County; and for other purposes.

1224

JOURNAL OF THE HOUSE,

HR 618-1345. By Mr. Sims of the 131st:
A Resolution proposing an amendment to the Constitution, so as to provide that a Governor may succeed himself but may not serve more than two terms; and to clarify the provisions relating to compensatin; and for other purposes.

HR 619-1345. By Mr. Harrison of the 98th:
A Resolution proposing an amendment to the Constitution so as to create the Woodbine Development Authority; and for other purposes.

HB 1346. By Messrs. Nessmith of the 64th, Matthews of the 94th, Lowrey of the 13th, Newton of the 50th, Jordan of the 78th and others:
A Bill to be entitled an Act to amend an Act known as the "Georgia Agricultural Commodities Promotion Act", so as to repeal the defini tion of and all provisions relating to "marketing agreements"; to rede fine the terms "marketing order" and "Seasonal Marketing Regula tions"; and for other purposes.

HB 1347. By Messrs. Odom, Hutchinson, Lee and Busbee of the 79th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide and empower the City of Albany to furnish aid and relief and to grant pensions to all employees of said City", so as to increase the amount which the City of Albany may levy and assess against the salaries of employees to fund the cost of pensions; and for other purposes.

HB 1348. By Mr. Matthews of the 94th:
A Bill to be entitled an Act to amend an Act prohibiting the feeding of garbage to animals unless such garbage has been processed in a certain manner, and authorizing the Commissioner of Agriculture to promulgate rules and regulations prescribing the manner of processing garbage, so as to provide that the terms "stock" and "livestock" when ever used in this Act shall include, but not be limited to, horses; and for other purposes.

HR 620-1348. By Messrs. Nessmith of the 64th, Matthews of the 94th, Lowrey of the 13th, Newton of the 50th, Jordan of the 78th and others:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide the programs for the pro motion of agricultural products including provisions for quality and/or product control may be instituted, continued or terminated in accordance with the results of a referendum conducted among the producers of the product or products affected; and for other purposes.

MONDAY, FEBRUARY 12, 1968

1225

HR 621-1348. By Mr. Brantley of the 139th:
A Resolution compensating Mr. James E. Phillips, Jr.,; and for other purposes.

HB 1349. By Messrs. Howard of the 101st, Wilson and Henderson of the 102nd:
A Bill to be entitled an Act to amend an Act authorizing certain counties in this State to establish and maintain a law library, so as to provide the comptroller of each such county shall be the treasurer of said board; to eliminate the provision relating to the maximum amount to be collected for said law library; and for other purposes.

HB 1350. By Messrs. Howard and McDaniell of the 101st, Cooper of the 103rd, Wilson and Henderson of the 102nd:
A Bill to be entitled an Act to create a law library for the use of the judges, solicitors, ordinaries and other officers of Cobb County; and for other purposes.

HB 1351. By Messrs. Howard and McDaniell of the 101st, Cooper of the 103rd and Wilson and Henderson of the 102nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Smyrna, so as to amend said Charter as amended in order to add a new section to said Charter to be known as Section 4 (p) so as to increase the corporate limits of the City of Smyrna; and for other purposes.

HB 1352. By Mr. Smith of the 3rd:
A Bill to be entitled an Act to amend Code Section 88-103 of the "Geor gia Health Code", relating to the composition of the Board of Health, so as to provide an additional member for said Board of Health who shall be a professional hospital administrator; and for other purposes.

HR 622-1352. By Mr. Edwards of the 57th:
A Resolution proposing an amendment to the Constitution so as to create the Taylor County Industrial Development Authority; and for other purposes.

HB 1353. By Messrs. Battle of the 116th and Whaley of the 115th:
A Bill to be entitled an Act to provide that the Board of Public Educa tion for the City of Savannah and County of Chatham shall be elected by the voters of Chatham County; to provide for election districts; and for other purposes.

1226

JOURNAL OF THE HOUSE,

HB 1354. By Messrs. Matthews of the 94th, Lowrey of the 13th, Peterson of the 59th, Black of the 56th, Kirksey of the 87th and others:
A Bill to be entitled an Act to be known as the "Georgia Agricultural Commodities Sales Promotion Act"; to provide for the use, utilization and improvement of the agricultural products of this State through sales promotion thereof; and for other purposes.

HR 623-1354. By Messrs. Pickard, Jones and Buck of the 112th, Berry of the 113th, Thompson of the lllth, and Berry and Thompson of the 110th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to empower the commissioners of roads and revenues of Muscogee County to enact ordinances for the policing of the public property, streets and roads of said County, and the Muscogee County Airport; and for other purposes.

HR 624-1354. By Messrs. Rainey and Bowen of the 69th:
A Resolution proposing an amendment to the Constitution so as to create the Cordele Office Building Authority; and for other purposes.

HB 1355. By Mr. Bennett of the 95th:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide an annual contingent expense allowance for each of the solicitors general of the superior courts", so as to change the annual contingent expense allowance for solicitors general; and for other purposes.

HB 1356. By Messrs. Fleming and Maxwell of the 106th, Cheeks and Dent of the 104th, Sherman and DeLong of the 105th:
A Bill to be entitled an Act to amend the charter of the City of Augusta, incorporated as the City Council of Augusta, so as to provide that the pension funds held by the custodian thereof may be invested in such investments as domestic life insurance companies are permitted to make under the laws of Georgia; and for other purposes.

HB 1357. By Messrs. Cheeks of the 104th, Kirksey of the 87th, Sullivan of the 95th, Joiner of the 48th and others:
A Bill to be entitled an Act to amend Code Section 92-3109, relating to deductions from gross income, so as to provide that all reasonable and necessary expenses connected with sending a child to any private school in Georgia, including expenses for tuition, books and transportation shall be deductible from gross income; and for other purposes.

HB 1358. By Messrs. Matthews and Farmer of the 29th:
A Bill to be entitled an Act to authorize certain counties in this State to establish and maintain a law library for the use of the judges, solicitors, ordinaries and other officers of the courts of said counties; and for other purposes.

MONDAY, FEBRUARY 12, 1968

1227

Mr. Clarke of the 45th, Chairman of the Committee on Local Affairs, sub mitted the following report:

Mr. Speaker:

Your Committee on Local Affairs has had under consideration the follow ing Bills and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recom mendations :

SB

57. Do Pass.

HR 295- 835. Do Pass by Substitute.

HR 619-1345. Do Pass.

HR 622-1352. Do Pass.

HR 623-1354. Do Pass.

HR 624-1354. Do Pass.

HB

954. Do Pass.

HB 1200. Do Pass.

HB 1224. Do Pass as Amended.

HB 1301. Do Pass.

HB 1307. Do Pass.

HB 1316. Do Pass.

HB 1317. Do Pass.

HB 1318. Do Pass.

HB 1320. Do Pass.

HB 1331. Do Pass.

HB 1343. Do Pass.

HB 1345. Do Pass.

HB 1350. Do Pass.

HB 1351. Do Pass.

HB 1356. Do Pass.

HB 1358. Do Pass.

Respectfully submitted,

Clarke of the 45th,

Chairman.

1228

JOURNAL OF THE HOUSE,

Mr. Dorminy of the 72nd, Chairman of the Committee on Natural Resources, submitted the following report:

Mr. Speaker:

Your Committee on Natural Resources has had under consideration the following Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:

HR 582. Do Pass.

Respectfully submitted, Dorminy of the 72nd, Chairman.

Mr. McCracken of the 49th, Chairman of the Committee on State of Re public, submitted the following report:

Mr. Speaker:

Your Committee on State of Republic has had under consideration the fol lowing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 1313. Do Pass. HB 1329. Do Pass.

Respectfully submitted, McCracken of the 49th, Chairman.

Mr. Matthews of the 29th, Chairman of the Committee on University System of Georgia, submitted the following report:

Mr. Speaker:

Your Committee on University System of Georgia has had under considera tion the following Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:

HR 583. Do Pass as Amended.

Respectfully submitted, Matthews of the 29th, Chairman.

MONDAY, FEBRUARY 12, 1968

1229

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Hygiene and Sanitation and referred to the Committee on Local Affairs:

HB 1294. By Mr. Roach of the 15th:
A Bill to be entitled an Act to encourage and promote medical and scientific research and the establishment of medical research facilities and the development of scientific devices by exempting certain activi ties, persons, organizations and properties from building and zoning restrictions, fire regulations and requirements; and for other purposes.

By unanimous consent, the following Resolution of the Senate was with drawn from the Committee on Motor Vehicles and referred to the Committee on Insurance:

SR 187. By Senators McKenzie of the 17th, Hall of the 52nd, Eldridge of the 7th and Knight of the 16th:
A Resolution proposing an amendment to the Constitution, so as te authorize the General Assembly to provide for a special assessment foi the registration of motor vehicles whose owners do not have liability insurance; and for other purposes.

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 954. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to amend an Act to provide for the retire ment of the Judges and the Solicitor-General of the Criminal Court of Fulton County, so as to provide that the Public Defender of Fulton County shall be eligible for membership in the Judges' and Solicitor Generals' Retirement Fund; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1200. By Messrs. DeLong and Sherman of the 105th, Fleming, Maxwell of the 106th Cheeks and Dent of the 104th:
A Bill to be entitled an Act to provide that it shall be unlawful for any person to deposit or dump trash, garbage, refuse and waste on any

1230

JOURNAL OF THE HOUSE,

public or private property other than an approved sanitary landfill in certain counties; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1224. By Mrs. Hamilton of the 137th, Messrs. Egan of the 141st, Bond of the 136th, Brown of the 135th, Hood of the 124th and others:
A Bill to be entitled an Act to amend an Act to provide for a board of elections in each county of this State having a population of more than 500,000 so as to provide that the board of elections, with the consent of the governing authority of any such county shall be authorized to expend public funds for the purpose of distributing sample ballots and other material; and for other purposes.

The following amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 1224 as follows:
By striking from the title the following:
"to provide that the chief registrar of any such county shall be under the supervision of the 'election supervisor'; to provide that chief registrars appointed after the approval of this Act shall be appointed by the governing authority;"
By striking Section 2 in its entirety.
By renumbering Section 3 and Section 4 as Section 2 and Section 3 respectively.

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, as amended, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

MONDAY, FEBRUARY 12, 1968

1231

HB 1301. By Messrs. Westlake, Jenkins, Higginbotham and Davis of the 119th, Palmer, Smith, Malone and Vaughn of the 117th, Harris, Walling, Levitas and Farrar of the 118th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Rockdale County on an annual salary in lieu of the fee system of compensation, so as to increase the number of full time deputies the sheriff shall be authorized to appoint; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1307. By Messrs. Fallin and Matthews of the 94th: A Bill to be entitled an Act to amend an Act creating and establishing the City Court of Colquitt County in and for the County of Colquitt, so as to change the name of said court to the Civil and Criminal Court of Colquitt County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1316. By Mr. Jordan of the 82nd: A Bill to be entitled an Act to abolish the present Board of Education of Coffee County and to create in lieu thereof a new Board of Educa tion of Coffee County; and for other purposes,
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

1232

JOURNAL OF THE HOUSE,

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

HB 1317. By Mr. Jordan of the 82nd:
A Bill to be entitled an Act to amend an Act creating the office of commissioner of roads and revenues in the County of Coffee, so as to create a Board of Commissioners of Roads and Revenues of Coffee County to be composed of five members; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1318. By Mr. Brantley of the 63rd:
A Bill to be entitled an Act to create a new Board of Education of Candler County; to provide for the membership of said Board; to pro vide for Education Districts; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1320. By Mr. Doster of the 73rd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of McRae, so as to establish further election laws for said City and modify existing laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

MONDAY, FEBRUARY 12, 1968

1233

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

HB 1331. By Messrs. Lee, Gary and Northcutt of the 35th:
A Bill to be entitled an Act to authorize the governing authority of Clayton County to adopt ordinances and regulations to regulate and control junkyards along certain highways in Clayton County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

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

SB 57. By Senators Johnson of the 38th, Ward of the 39th, Wesberry of the 37th and Stephens of the 36th:
A Bill to be entitled an Act to amend Code Section 61-302, so as to pro vide that in certain counties property moved away from the premises pursuant to the execution of a dispossessory warrant or process shall be placed in storage; to provide for recovery of said property by the defen dant; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

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

The following message was received from the Senate through Mr. McWhorter the Secreary thereof:

Mr. Speaker:

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:

1234

JOURNAL OF THE HOUSE,

HB 843. By Messrs. Williams and Wood of the 16th, Johnson of the 40th, Adams of the 125th, and others:
A Bill to provide for the use of speed detection devices by counties and municipalities; to provide for permits for the use of such devices from the Department of Public Safety; and for other purposes.

HB 1055. By Messrs. McCracken of the 39th, Wiggins of the 32nd, Maxwell of the 106th, and others:
A Bill to amend Code Chapter 34-7, relating to election districts and polling places, so as to provide that no election district shall contain more than 2,000 electors if at the last general election all persons desir ing to do so had not completed voting one hour following the closing of the poll; and for other purposes.

HB 1212. By Mr. Rush of the 75th:
A Bill to amend an Act placing the sheriff of Long County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff of Long County; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House, to-wit:

HB 883. By Messrs. Farmer of the 29th, Ragland of the 109th, Russell of the 92nd and others:
A Bill to amend Code Chapter 79-5, relating to the procedure to be followed by persons desiring to change their name or their children's names, so as to provide the clerk, etc. with authority to issue a certifi cate of the change of name, etc.; and for other purposes.

HB 1019. By Messrs. Doster of the 73rd, Dorminy of the 72nd, Bowen and Rainey of the 69th:
A Bill to amend an Act placing the Solicitor-General of the Cordele Judicial Circuit upon an annual salary, so as to change the salary of the Solicitor-General; and for other purposes.

HB 1054. By Messrs. McCracken of the 49th, Mixon on the 81st, Wiggins of the 32nd and others:
A Bill to amend Code Section 34-1001, relating to the filing of a notice of candidacy, so as to require candidates who are the nominees of a political party by convention, except certain candidates, to file their notice of candidacy at least 60 days prior to the general election; and for other purposes.

MONDAY, FEBRUARY 12, 1968

1235

HB 1056. By Messrs. McCracken of the 49th, Mixon of the 81st, Maxwell of the 106th and others:
A Bill to amend Code Section 34-1218, relating to the number of votes recorders required to be provided for each election district, so as to pro vide that at least one vote recorder for each 300 electors or fraction thereof shall be provided by the governing authority in each election district in which vote recorders are used; and for other purposes.

HB 1123. By Mr. Land of the 53rd:
A Bill to amend an Act creating and establishing a charter for the Town of Ivey, so as to extend the corporate limits; and for other purposes.

HB 1124. By Mr. Land of the 53rd:
A Bill to amend an Act establishing a new charter for the town of Allentown, so as to change the corporate limits of said town; and for other purposes.

HB 1126. By Mrs. Merritt of the 68th and Mr. Parker of the 68th:
A Bill to provide for the election of the Sumter County Board of Educa tion; to provide for education districts; and for other purposes.

HB 1127. By Mrs. Merritt of the 68th and Mr. Parker of the 68th:
A Bill to amend an Act entitled "An Act to change from the fee system to the salary system in the County of Sumter, the clerk of the superior and the clerk of the city courts thereof", so as to change certain provi sions relating to the salary of the Clerk of the Superior Court of Sum ter County and his clerks or deputies; and for other purposes.

HB 1146. By Mr. Dickinson of the 27th:
A Bill to authorize all counties having a population of not less than 16,700 nor more than 16,800, to establish and maintain a law library for the use of the judges, solicitors, and other officers of the courts of said counties; and for other purposes.

HB 1147. By Mr. Dickinson of the 27th:
A Bill to amend an Act providing for the abolishing of the present mode of compensating the clerk of the superior court, the sheriff, the ordinary, and the tax commissioner of Douglas County, so as to change the method of compensating certain employees of Douglas County; and for other purposes.

1236

JOURNAL OF THE HOUSE,

HB 1148. By Mr. Dickinson of the 27th:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Douglas County, so as to change the Commissioner Districts; and for other purposes.

HB 1149. By Mr. Dickinson of the 27th:
A Bill to provide that the membership of the Board of Education of Douglas County shall consist of five members; to provide for education districts; and for other purposes.

HB 1150. By Mr. Dickinson of the 27th:
A Bill to amend an Act creating a new charter for the City of Douglasville, so as to change the provisions relating to the compensation of the mayor and councilmen; and for other purposes.

HB 1154. By Messrs. Wiggins and Threadgill of the 32nd:
A Bill to amend an Act known as the "Carroll County Water Authority Act", so as to authorize such authority to acquire, construct, operate and maintain sewer systems, both sanitary and storm, and all other related facilities; and for other purposes.

HB 1157. By Messrs. Richardson, Funk and Battle of the 116th, Smith and Gaynor of the 114th, Tye and Whaley of the 115th, and others:
A Bill to amend an Act creating the Municipal Court of Savannah, so as to increase the justice of peace jurisdiction in said court; and for other purposes.

HB 1175. By Mr. Jones of the 76th:
A Bill to amend an Act relating to the compensation of the Ordinary of Mclntosh County, so as to change the compensation of said Ordinary; and for other purposes.

HB 1190. By Messrs. Jones of the 76th, Rush of the 75th and Shuman of the 65th:
A Bill to authorize, but not require, the counties composing the Atlantic Judicial Circuit to supplement the salary of a secretary employed by the judge of superior courts of said Circuit; and for other purposes.

HB 1194. By Mr. Steis of the 100th:
A Bill to amend an Act incorporating the City of Woodland, so as to change the election date; and for other purposes.

MONDAY, FEBRUARY 12, 1968

1237

HB 1201. By Mr. Rowland of the 48th:
A Bill to amend an Act creating a new charter for the City of Wrightsville, so as to authorize the mayor and council of the City of Wrightsville to appoint a recorder for the mayor's court; and for other purposes.

HB 1202. By Mr. Rowland of the 48th:
A Bill to amend an Act so as to provide for a change in compensation of the deputy sheriff of Johnson County; and for other purposes.

HB 1210. By Mr. Leggett of the 21st:
A Bill to provide for the election of members of the Board of Education of Paulding County by the people; and for other purposes.

HB 1211. By Mr. Leggett of the 21st:
A Bill to amend an Act placing the clerk of the superior court, the sheriff, ordinary, and the coroner of Paulding County on a salary basis in lieu of a fee basis, so as to increase the number of deputies the sheriff of Paulding County may appoint; and for other purposes.

SB 155. By Senators Conway of the 41st and Johnson of the 42nd:
A Bill to establish a Local Government Study Commission in DeKalb County; to provide the procedure connected therewith; to repeal con flicting laws; and for other purposes.

SB 311. By Senators Ward of the 39th, Smith of the 34th, Sells of the 37th, and others:
A Bill to amend an Act establishing a new Charter for the City of At lanta, approved February 28, 1874, and the several Acts amendatory thereof, to repeal conflicting laws; and for other purposes.

SB 320. By Senators Lee of the 47th, Smalley of the 28th, McKenzie of the 17th and others:
A Bill to amend Code Section 56-407A, so as to provide that the unin sured motor vehicle endorsement may contain provisions excluding the insurer from liability for injury or destruction to property of the insured for which he has been compensated by other property or physical damage insurance; to repeal conflicting laws; and for other purposes.

SB 338. By Senator Fincher of the 51st:
A Bill to amend an Act entitled the "Georgia Health Code", as it per tains to "Tourist Courts"; to repeal conflicting laws; and for other purposes.

1238

JOURNAL OP THE HOUSE,

SB 340. By Senator Kennedy of the 4th:
A Bill to amend an Act abolishing the present mode of compensating the Sheriff of Evans County, known as the fee system, and providing in lieu thereof an annual salary, so as to change the compensation of the deputy sheriff; to repeal conflicting laws; and for other purposes.

SB 341. By Senator Kennedy of the 4th:
A Bill to amend an Act fixing the compensation of the Clerk of the Superior Court of Evans County, so as to change the salary of the Clerk of the Superior Court of Evans County; to repeal conflicting laws; and for other purposes.

SB 342. By Senator Kennedy of the 4th:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Evans, so as to change the compensation of the Chairman and members of the said Board; to repeal conflicting laws; and for other purposes.

SB 347. By Senators Conway of the 41st and Johnson of the 42nd:
A Bill to provide for an advisory referendum election to be held in DeKalb County, for the purpose of ascertaining whether the county manager form of government is desired by the people of such county; to repeal conflicting laws; and for other purposes.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 248. By Messrs. Levitas and Harris of the 118th, Vaughn, Palmer of the 117th and others:
A Bill to amend Code Section 34-602 of the Georgia Election Code relat ing to elector qualifications, so as to provide different voter registration requirements; and for other purposes.

The Senate has adopted by the requisite constitutional majority the following Resolution of the House, to -wit:

HR 492-1063. By Messrs. Chandler and Harrington of the 47th:
A Resolution authorizing the conveyance of certain real property located in Baldwin County to the Baldwin County Board of Education; and for other purposes.

MONDAY, FEBRUARY 12, 1968

1239

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:

SB 213. By Senator Miller of the 43rd:
A Bill to be entitled an Act to prohibit business activities on Sunday; to provide for exceptions; to provide for penalties; to limit the time within which an arrest for or a warrant charging violations of this Act shall be made or issued; and for other purposes.
Referred to the Committee on Industry.

SB 219. By Senator Smalley of the 28th:
A Bill to be entitled an Act to clarify practice and procedure in divorce actions; and for other purposes.
Referred to the Committee on Judiciary.

SB 250. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend Code Section 24-2823, relating to the enumeration of fees for sheriffs, so as to change fees provided for in civil and criminal cases; and for other purposes.
Referred to the Committee on Judiciary.

SB 308. By Senators Sells of the 37th, Ward of the 30th, Smith of the 34th, and others:
A Bill to be entitled an Act to amend the Act creating a Joint CityCounty Board of Tax Assessors in all counties having within its borders all or the greater part of the population of 300,000 or more, so as to abolish the position of Office Manager of the Joint City-County Board of Tax Assessors; and for other purposes.
Referred to the Committee on Local Affairs.

SB 309. By Senators Maclntyre of the 40th, Smith of the 34th, Sells of the 37th and others:
A Bill to be entitled an Act to provide that the planning departments of certain counties shall furnish the tax assessing officials of any zoning changes; and for other purposes.
Referred to the Committee on Local Affairs.

SB 313. By Senators Ward of the 39th, Maclntyre of the 40th, Smith of the 34th and others:
A Bill to be entitled an Act to amend an Act to grant to the incorporated municipalities of this state having a population of more than 300,000 certain basic powers; and for other purposes.
Referred to the Committee on Local Affairs.

1240

JOURNAL OP THE HOUSE,

SB 315. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend Code Section 84-1404, so as to pro vide for staggered terms of office for members of the Georgia Real Estate Commission; and for other purposes.
Referred to the Committee on Natural Resources.

SB 319. By Senators Johnson of the 38th, Sells of the 37th, Ward of the 39th and others.
A Bill to be entitled an Act to amend Code Section 61-306 of the Code of Georgia as heretofore amended, so as to provide that in all counties of the State having a population of 500,000 or more, the notice required by this Section shall be 6 days before the execution of the warrant; and for other purposes.
Referred to the Committee on Local Affairs.

SB 323. By Senator Kidd of the 25th:
A Bill to be entitled an Act to create a Board of Polygraph Examiners; to provide a title; and for other purposes.

Referred to the Committee on Hygiene and Sanitation.
SB 328. By Senators Johnson of the 42nd, Conway of the 41st and Miller of the 43rd:

A Bill to be entitled an Act to amend an Act establishing the DeKalb County Planning Commission and empowering it, inter alia, to adopt a "mapped streets plan", so as to include within the definition of "streets" right-of-way and facilities of or needed in connection with a system of public transportation of passengers for hire; and for other purposes.
Referred to the Committee on Local Affairs.

SB 330. By Senators Padgett of the 23rd and Holley of the 22nd:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide for the appointment of and the salary for an Executive Secretary and Calendar Clerk to the Judge or Judges presiding in civil matters, as dis tinguished from domestic relations and criminal matters; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 332. By Senator Webb of the llth:
A Bill to be entitled an Act to amend Code Section 31-110, so as to pro vide that a widow shall be barred from dower if she fails to apply for dower within 12 months of the death of her husband; and for other purposes.
Referred to the Committee on Special Judiciary.

MONDAY, FEBRUARY 12, 1968

1241

SB 334. By Senator Kilpatrick of the 44th:
A Bill to be entitled an Act to provide a supplement to the compensation of the chief judge of the Superior Court of the Clayton Judicial Circuit; and for other purposes.
Referred to the Committee on Local Affairs.

SB 343. By Senator Pennington of the 45th:
A Bill to be entitled an Act to guarantee the right of free enterprise and to protect the same from State competition; to provide that no State de partment, agency or commission shall operate a nursery project for pro duction of ornamental shrubbery for the purpose of sale to the public; and for other purposes.
Referred to the Committee on State Institutions & Property.

SB 155. By Senators Conway of the 41st and Johnson of the 42nd:
A Bill to be entitled an Act to establish a Local Government Study Com mission in DeKalb County; and for other purposes.
Referred to the Committee on Local Affairs.

SB 311. By Senators Ward of the 39th, Smith of the 34th, Sells of the 37th, and others:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta, relating to the authority of the Mayor and the Board of Aldermen; and for other purposes.
Referred to the Committee on Local Affairs.

SB 320. By Senators Lee of the 47th, Smalley of the 28th, McKenzie of the 17th, and Maclntyre of the 40th:
A Bill to be entitled an Act to amend Code Section 56-407A, so as to pro vide that the uninsured motor vehicle endorsement may contain provi sions excluding the insurer from liability for injury or destruction to property of the insured for which he has been compensated by other property or physical damage insurance; and for other purposes.
Referred to the Committee on Insurance.

SB 338. By Senator Fincher of the 51st: A Bill to be entitled an Act to amend an Act entitled the "Georgia Health Code", as it pertains to "Tourist Courts"; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

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SB 340. By Senator Kennedy of the 4th:
A Bill to be entitled an Act to amend an Act abolishing the present mode of compensating the Sheriff of Evans County, known as the fee system, and providing in lieu thereof an annual salary, so as to change the com pensation of the deputy sheriff; and for other purposes.
Referred to the Committee on Local Affairs.

SB 341. By Senator Kennedy of the 4th:
A Bill to be entitled an Act to amend an Act fixing the compensation of the Clerk of the Superior Court of Evans County, so as to change the salary of the Clerk of the Superior Court of Evans County; and for other purposes.
Referred to the Committee on Local Affairs.

SB 342. By Senator Kennedy of the 4th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for the County of Evans, so as to change the compensation of the Chairman and members of said Board; and for other purposes.
Referred to the Committee on Local Affairs.

SB 347. By Senators Conway of the 41st and Johnson of the 42nd:
A Bill to be entitled an Act to provide for an advisory referendum elec tion to be held in DeKalb County for the purpose of ascertaining whether the county-manager form of government is desired by the people of such county; and for other purposes.
Referred to the Committee on Local Affairs.

Mr. Dorminy of the 72nd moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 992. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to repeal Section 3 of an Act governing and regulating the use of public roads and Highways of this State, so as to eliminate the au thority of the Public Service Commission to issue special permits for the operation of motor vehicles exceeding certain lengths; and for other purposes.

On the motion to reconsider, the roll call was ordered and the vote was as follows:

MONDAY, FEBRUARY 12, 1968

1243

Those voting in the affirmative were Messrs.

Anderson Ballard Barfield Battle Bennett Berry, J. K. Bostick Brantley, H. L. Games Cato Chandler Clarke Collins, M. Conner Dillon Dixon Dodson Dollar Dorminy Douglas Fallin Gay Gaynor Gignilliat

Grahl Hadaway Harrington Harris, R. W. Harrison Holder Howell Johnson, A. S. Jones, C. M. Jordan, G. Jordan, W. H. Knapp Laite Lane, W. J. Lee, W. S. Lewis Lovell Magoon Matthews, C. Matthews, D. R. Mauldin Mixon Moore, J. H. Mullinax

Nessmith Nimmer Oglesby Pafford Parker, H. W. Rainey Reaves Rowland Rush Russell Scarlett Shields Shuman Simmons Smith, G. W. Sullivan Sweat Underwood Wamble Whaley Wilson, R. W. Winkles

Those voting in the negative were Messrs.:

Adams Alexander Black Blalock Brantley, H. H. Brown, C. Buck Cates Cheeks Cole Colwell Cooper, B. Cooper, J. R. Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Edwards Egan Farrar Funk Gary Graves

Gunter Hall Hamilton Harris, J. F. Harris, J. R. Henderson Higginbotham Hill Hood Hutchinson Jenkins Jones, M.
Kaylor Kirksey Lambert Lambros Land Lane, Dick Lee, W. J. (Bill) Levitas Longino Malone Mason Maxwell McClatchey McDaniell

Melton Merritt Miller Moore, Don C. Nash Northcutt Odom Otwell Palmer Parker, C. A. Pickard Poss Potts Ragland Richardson Roach Ross Savage Shanahan Sherman Sims Smith, V. T. Stalnaker Starnes Thompson, R. Threadgill

1244
Tucker Turner Vaughan, D. N. Vaughn, C. R.

JOURNAL OF THE HOUSE,

Walling Ward Westlake Williams

Wilson, J. M. Wood

Those not voting were Messrs.:

Barber Berry, C. E. Bond Bowen Branch Bray Brown, B. D. Busbee Caldwell Coiling, J. F. Cook Cox Crowe, William Dickinson Doster Farmer

Fleming Floyd Grier Hale Hargrett Howard Johnson, B. Joiner Leggett Leonard Lowrey McCracken Moate Moreland Murphy Newton

Paris Parrish Peterson Phillips Smith, J. R. Smith, W. L. Snow Steis Thompson, A. W. Townsend Tye Ware Wells Wiggins Mr. Speaker

On the motion, the ayes were 70, nays 88.
The motion was lost.
Mr. Mixon of the 81st moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 889. By Mr. Cato of the 89th: A Bill to be entitled an Act to amend Code Section 24-2727, relating to the fees of the clerk of the superior courts, so as to change the fees of the clerk relating to the recording liens, mortgages and deeds; and for other purposes.
On the motion to reconsider, the ayes were 64, nays 55.
The motion prevailed, and HB 889 was reconsidered.
Mr. Funk of the 116th arose to a point of personal privilege and addressed the House.

With regards to the remarks delivered by Mr. Funk, and upon recommenda tion of Mr. Underwood of the 61st, unanimous consent was given that when the House adjourns today, it shall adjourn honoring and conimemorating "Georgia Day" and the founding of the Colony which became the State of Georgia.

MONDAY, FEBRUARY 12, 1968

1245

The following Resolutions of the House were read and adopted:

HR 579. By Messrs. Westlake of the 119th, Wood of the 16th, Mason of the 22nd, Conner of the 91st, McClatchey of the 138th:
A RESOLUTION
Creating a committee to study the open competition insurance rating laws; and for other purposes.
WHEREAS, at the 1967 session of the General Assembly legislation was adopted providing for open competition rating laws; and
WHEREAS, one of the principal duties of the General Assembly is to oversee the operations of the insurance industry in order that the citizens of this State might be protected from the abuses of unsound administration of insurance practices and procedures.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of five members of the House of Representatives, to be ap pointed by the Speaker of the House. The committee shall make a thorough investigation into the open competition rating procedures in order to determine the experience and workability of this newly adopted legislation. The committee shall be authorized to conduct such number of public hearings as in its judgment will afford the insurance industry and interested persons an opportunity to voice their complaints and recommendations for improvements or needed changes in the rating pro cedures now being followed in the State of Georgia. The committee shall make a report of its recommendations and findings to the 1969 session of the Georgia General Assembly, at which time it shall stand abolished. The members of the committee shall receive the compensation, per diem, expenses, and allowances authorized for members of interim legislative study committees. The funds necessary for the purposes of this resolu tion shall come from the funds appropriated and available to the legis lative branch of government. The committee shall be authorized to meet for a period not in excess of ten days.

HR 582. By Mr. Laite of the 109th:
A RESOLUTION
Relative to safety rules, regulations, procedures and programs by the State Department of Parks; and for other purposes.
WHEREAS, Georgia is blessed with many fine and beautiful state parks; and

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WHEREAS, because of the rugged and beautiful terrain in which many of these state parks are located, visitors to such parks are continu ally subjected to safety hazards; and

WHEREAS, it should be the responsibility of the State government to provide appropriate safety measures and procedures in order to pro tect visitors at state parks from hazardous conditions existing therein.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Department of Parks is hereby authorized and instructed to formulate, adopt and promulgate sufficient and adequate safety programs and standards for observance in all of the state parks located in this State in order that the safety and welfare of persons visiting such state parks might not be jeopardized and that such visitors be afforded an opportunity to enjoy the many advan tages of our splendid parks in safe atmosphere and surroundings.

HR 585. By Mr. Alexander of the 133rd:
A RESOLUTION
Creating the Governmental Immunity Study Committee; and for other purposes.
WHEREAS, the problem of governmental immunity is one which has plagued public officials and citizens during the entire course of the history of governments; and
WHEREAS, there are various schools of thought concerning this subject, and many theories have been advanced concerning the proper procedure relating to claims of citizens against their government, be it local, State or Federal; and
WHEREAS, governmental units are oftentimes protected and grant ed complete immunity for tortuous acts against citizens, to the detriment of citizens; and
WHEREAS, it behooves the members of this body to be furnished a complete and thorough study relative to governmental immunity, par ticularly as applied to municipalities, counties, and the State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Governmental Immunity Study Committee to be composed of seven members of the House, to be appointed by the Speaker. The Committee shall study the subject of governmental immunity as applied to municipalities and counties of this State, and of the State. It shall seek the advice and counsel of local and State officials and shall study the laws relative thereto and the administration thereof of other states. The members of the Committee shall receive the allowances authorized by law for legis lative members of interim legislative committees, but shall not receive the same for more than fifteen days. The Committee shall make a report

MONDAY, FEBRUARY 12, 1968

1247

of its findings and recommendations on or before December 1, 1968, on which date the Committee shall stand abolished. The funds necessary to carry out the purposes of this resolution shall come from the funds appropriated to and available to the legislative branch of the government.

HR 630. By Messrs. Brown of the 135th, Bond of the 136th and Alexander of the 133rd:
A RESOLUTION
Relative to National Negro History Week; and for other purposes. WHEREAS, the week of February 11-17 has been designated as National Negro History Week; and
WHEREAS, the citizens of the United States have been called upon to focus their attention upon the many accomplishments and contribu tions which the members of the Negro race have made to this country; and
WHEREAS, during this week it is only befitting and proper that the citizens of this State reflect upon the contributions which have been made to our State by the many fine, outstanding Negro citizens; and
WHEREAS, it is desirable that the achievements of the Negro be recognized and lauded; and
WHEREAS, it is the hope that the Negro citizens of this State will continue to enhance the progress and great strides which this State is making in its industrial and educational development.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does call upon all of the citizens of the State of Georgia to reflect upon the outstanding achievements and many contributions which have been made to our State's and nation's progress by the Negro citizens of this State and nation.

HR 634. By Mr. Smith of the 54th:
A RESOLUTION
Extending sincerest congratulations to Honorable Quimby Melton, Jr. on the occasion of his forty-sixth birthday; and for other purposes.
WHEREAS, Honorable Quimby Melton, Jr., the gentleman from the 34th District, Griffin, Spalding County, Georgia, is today, February 12, 1968, celebrating his forty-sixth birthday; and
WHEREAS, he has been a most valued and respected member of this body continuously since 1959; and

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JOURNAL OF THE HOUSE,

WHEREAS, he is the fearless Editor of the Griffin Daily News and achieved some of his most notable successes in the newspaper field while Editor of the Red and Black, University of Georgia; and

WHEREAS, he is Chairman of the Ways and Means Committee of the House and his advice and counsel are sought by other members of this body.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest congratulations are hereby ex tended to Representative Quimby Melton, Jr. on the occasion of his forty-sixth birthday, and the members of this body hereby wish for him many more such occasions.

BE IT FURTHER RESOLVED that the Clerk of the House is here by instructed to transmit a copy of this Resolution to Mr. Melton.

HR 635. By Messrs. Laite of the 109th, Newton of the 50th, Russell of the 92nd and others:
A RESOLUTION
Expressing regrets at the passing of Douglas Welch; and for other purposes.
WHEREAS, recently the Honorable Douglas Welch passed away; and
WHEREAS, during the long and eventful life of Douglas Welch, he provided an inspiration to his community and State through his many contributions to the civic, religious, economic and political life of his county and State; and
WHEREAS, the many outstanding contributions made by this dis tinguished and outstanding citizen of the State of Georgia will be sorely missed by his untimely passing.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deeepest and sincerest regrets at the passing of one of this State's most outstand ing and distinguished citizens, the Honorable Douglas Welch.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an appropriate copy of this Resolution to the family of the late Douglas Welch.

HR 636. By Messrs. Harris and Scarlett of the 85th:
A RESOLUTION Commending the Brunswick-Glynn County Optimist All Stars Foot ball Team; and for other purposes.

MONDAY, FEBRUARY 12, 1968

1249

WHEREAS, the Brunswick-Glynn County Optimist All Stars Foot ball Team compiled an enviable record by winning twelve games and losing only one during the 1967 football season; and

WHEREAS, this team won the Georgia Recreation and Park Society Championship by defeating Calhoun, Georgia, on December 9, 1967, by the score of 20-6; and

WHEREAS, this team also defeated Florida Champion Hialeah twice and the champion of the South Carolina Recreation Society by the score of 20-0 in the last game between the two teams; and

WHEREAS, this team has established a reputation for fighting down to the last minute, never admitting defeat or accepting victory until the final gun has sounded; and

WHEREAS, the Brunswick-Glynn County Optimist All Stars Foot ball Team is comprised of the following team members:

Brad Gardner, Captain Keith Campbell, Captain. Petey Cooper Bruce McDonald Pete Smith David O'Neal David Moye Bobby Mashburn Mitchell Hammock Andy Riggs Keith Howe Charles Matthiessen Bruce Sweeney Randy Pifer Jeff Addison Frank Carr Greg Strickland C. H. Parker James Kent Sammy Tostensen Mike Davidson Steve Koncz

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JOURNAL OP THE HOUSE,

Petey Harper Kenny Varnedoe George Leotis David Rozier Billy Thomas Greg Dowdy Charles Wells Allan Moye Steve Owens Gil McMonigle Kenn Lovitt Mike Owens

and;
WHEREAS, the All Stars cheerleaders are enthusiastic and dedi cated team boosters; and

WHEREAS, the All Stars cheerleaders group is comprised of the following members:
Susan Kilby Leigh Burns Jebbie Stevens Cindy Haisten Pam Partin Anna Howard Debbie Sarro Eve Pello Ann Franklin Beth Flexer Jane Spinelli Patricia Taylor Tina Malm Charlotte Herndon

and;

WHEREAS, the Brunswick-Glynn County Optimist All Stars were skillfully coached by Coaches Marvin Bluestein, Offensive Line Coach; Bill Rose, Defensive Line Coach; and Sonny Miller, Backfield Coach; and

MONDAY, FEBRUARY 12, 1968

1251

WHEREAS, the team was ably managed by Ricky Bach; and

WHEREAS, the combination of fine coaching, outstanding ability, team cooperation, and community pride and support were the factors contributing to the outstanding success of the Brunswick-Glynn County Optimist All Stars during the 1967 season; and

WHEREAS, this team has brought honor to their community and the State of Georgia by the quality of their play and the fine sportsman ship they have exhibited.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the members, cheerleaders, coaches and manager of the Bruns wick-Glynn County Optimist All Stars for their outstanding record of achievement during the 1967 football season.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to furnish to Honor able Reid W. Harris, Representative, Glynn County, appropriate copies of this Resolution in sufficient number to be personally presented to the persons named in this Resolution, by Honorable Reid W. Harris and Honorable Richard M. Scarlett, Representatives of Glynn County.

HR 637. By Messrs. Brown of the 135th, Alexander of the 133rd, Hamilton of the 137th and others:
A RESOLUTION
Expressing sympathy at the passing of Dr. Richard C. Hackney; and for other purposes.
WHEREAS, Dr. Richard C. Hackney passed away on February 7, 1968; and
WHEREAS, he received the B.S. Degree at Morehouse College, the M.D. Degree at Meharry Medical College and practiced medicine in Atlanta for twenty-seven years; and
WHEREAS, he was a member of the Atlanta Medical Society, the Fulton County Medical Society, and he was regarded by his medical colleagues as a brilliant surgeon; and
WHEREAS, he was a member of the St. Paul of the Cross Catholic Church, the St. Paul of the Cross School Board, the Knights of Columbus, the NAACP, the Alpha Phi Alpha Fraternity, the Boule, the 27 Club, and many other organizations; and
WHEREAS, he was a recipient of one of the first Alumni Medals to be awarded by Morehouse College; and

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JOURNAL OF THE HOUSE,

WHEREAS, he rendered outstanding services to the people of his community and State; and

WHEREAS, he is survived by his widow, Mrs. Gertrude Pruitte Hackney, four sons, Richard, Jr., Wendell, Elbert and Forrest.

NOW THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest regrets are hereby expressed at the passing of Dr. Richard C. Hackney and sympathy is hereby extended to the family of Dr. Richard C. Hackney.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit an appropriate copy of this Resolution to the family of Dr. Richard C. Hackney.

HR 638. By Messrs. Alexander of the 133rd, Brown of the 135th, Hamilton of the 137th and others:
A RESOLUTION
Expressing sympathy at the passing of Dr. R. A. Billings; and for other purposes.
WHEREAS, Dr. R. A. Billings recently passed away; and
WHEREAS, he graduated from Morris Brown College and the Howard University School of Medicine and had been practicing medicine in Atlanta since the early 1930's; and
WHEREAS, he demonstrated a genuine interest in mankind through dedicated services in his profession, his Alma Maters, his church, his fraternity, and throughout the community; and
WHEREAS, he was devoted to his family, keenly interested in his patients, loyal to Morris Brown College, St. Paul AME Church, Phi Beta Sigma Fraternity, the organization and sponsorship of the Saint Cecelia Children's Choir and Pineview Convalescent Center, Inc.; and
WHEREAS, he was a faithful member of the Trustee Board at St. Paul AME Church, treasurer of the building fund, President of the Optimist Club, and Past President of Phi Beta Sigma Fraternity; and
WHEREAS, he was a member of many other boards and organiza tions and he rendered outstanding services to his community and State; and
WHEREAS, he is survived by his widow, Mrs. Celestine T. Billings, two daughters, June and Bertrich Billings, two sons, Richard, Jr., and William Billings.

MONDAY, FEBRUARY 12, 1968

1253

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest regrets are hereby expressed at the passing of Dr. R. A. Billings and sympathy is hereby extended to the family of Dr. R. A. Billings.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit an appropriate copy of this Resolution to the family of Dr. R. A. Billings.

HR 639. By Messrs. Smith of the 114th, Collins of the 62nd, Rush of the 75th and others:
A RESOLUTION
Expressing sorrow for the passing of the Honorable T. Ross Sharpe; and for other purposes.
WHEREAS, early in the morning on Sunday, January 28, 1968, the life of a great Georgian, the Honorable T. Ross Sharpe, was ended; and
WHEREAS, the Honorable T. Ross Sharpe was born in Elga, a small rural community in Toombs County, Georgia, and he attended the County schools; Brewton Parker Junior College in Ailey, Georgia; and Mercer University, where he received his LL.B. in 1915; and
WHEREAS, soon after his graduation from Mercer, the Honorable T. Ross Sharpe, or "Col. T. Ross", as he was familiarly known to his friends, served his country in the U.S. Navy during World War I, and after the war ended, he returned to Georgia and spent several years in Atlanta; and
WHEREAS, he married Ellen Malone, a lovely Alabama girl, and their marriage was blessed by a son, T. Malone, and a daughter, Luray, and shortly after this, "T. Ross" and his young family returned to Toombs County where he began the successful practice of law in Lyons; and
WHEREAS, over the succeeding quarter of a century, "T. Ross" served the people of Toombs County in a number of capacities; he was on the county Democratic Committee for 24 years, he served in the General Assembly, and he was on the County Board of Education for 16 years; and
WHEREAS, all of these distinctions, as grand as they are, seem to be overshadowed by the contribution he made toward fathering the concept of the rural electrification programs in Toombs County; he knew what life was like on a farm without electric power; his boyhood days had been spent reading by the light of a candle or open fireplace, and he knew the chilling cold in fingers that ached as he tugged at the rope drawing up the water bucket from an open well in the middle of

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JOURNAL OP THE HOUSE,

winter; he spent many days in a freezing barn or a steaming hot one milking cows by hand, and he had a full realization of the advantages that electricity could bring to a farm; and

WHEREAS, it was to this end that the Honorable T. Ross Sharpe made such a great effort; his foresight and astute awareness enabled him to evaluate the potential impact of President Roosevelt's Executive Order of May 11, 1935, establishing the REA program; and

WHEREAS, he worked almost single-handedly with the county, State, and Federal officials late in 1935, and on April 25, 1936, secured approval for a loan to the Co-op in the amount of $53,000, which con tributed toward the beginning of what is now the Altamaha Electric Membership Co-op; and

WHEREAS, the Altamaha Electric Membership Co-op now serves 7,500 rural folks of Toombs County, and customers in six other Georgia counties: Emanuel, Laurens, Treutlen, Montgomery, Telfair and John son ; and

WHEREAS, it has been, in large measure, through the efforts of the Honorable T. Ross Sharpe and other dedicated men like him that millions of rural Americans now enjoy the advantages of low-cost electricity; and

WHEREAS, the Honorable T. Ross Sharpe tempered justice with mercy and he believed in the philosophy that to have friends you must show yourself to be friendly; and

WHEREAS, with the death of this man, the people of Toombs County, the State of Georgia, and the Nation have suffered a great loss; and

WHEREAS, although he is gone, we hold fond memories of his having passed through our lives, and tomorrow and tomorrow and to morrow, as succeeding generations of rural Americans turn on their lights and farm equipment, we shall know that the Honorable T. Ross Sharpe has left a memorial that exceeds the monuments of marble and stone built for lesser men.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body hereby expresses its deepest sorrow for the passing of a great man, the Honorable T. Ross Sharpe.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the family of the Honorable T. Ross Sharpe.
Lewis of 50th
Daugherty of the 134th
Gignilliat of 113th
Richardson of 116th

MONDAY, FEBRUARY 12, 1968

1255

Russell of 92nd McCracken of 49th Berry of 113th Wamble of 90th Gaynor of 114th DeLong of 105th Sherman of 105th Dent of 104th Maxwell of 106th Tucker of 36th Battle of 116th Whaley of 115th Harris of 85th Hadaway of 46th Reaves of 99th Branch of 74th Laite of 109th Collins of 88th Lee of 35th Anderson of 71st Harris of 14th Colwell of 5th Land of 53rd Kaylor of 4th Poss of 17th Kirksey of 87th Hall of 67th Edwards of 57th Joiner of 48th Rowland of 48th Dailey of 66th A. L. Parrish of 96th
Bert Ward of 2nd
McDaniell of 101st

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JOURNAL OF THE HOUSE,

Hal B. Young of 13th G. Robert Howard of 101st Matthews of 94th Cato of 89th J. S. Higginbotham of 119th David C. Peterson of 59th Haskew Brantley of 139th Tom Shanahan of 8th Claude Bray, Jr. of 43rd Hood of 124th Lane of 126th Carnes of 129th W. J. Cox of 127th Odom of 79th Mixon of 81st Hutchinson of 79th Lee of 79th Davis of 119th Westlake of 119th Grier of 132nd Winkles of 120th Egan of 141st Smith of 117th Steis of 100th Lowrey of 13th Moore of 20th Graves of 13th Starnes of 13th Wells of 30th Matthews of 29th Johnson of 40th Leggett of 21st Shag Gates of 123rd Bill Sims of 131st Guy Hill of 121st

MONDAY, FEBRUARY 12, 1968

1257

Harrison of 98th Dickinson of the 27th Jim T. Bennett, Jr. of 95th Rooney Bowen of 69th Henry Bostick of 93rd Threadgill of 32nd C. A. Parker of the 68th Merritt of 68th Sweat of 83rd Funk of 116th Dixon of 83rd Nimmer of 84th Jones of 112th Pickard of 112th Buck of 112th Berry of 110th Thompson of 110th Roscoe Thompson of lllth Shields of lllth Nessmith of 64th C. P. Savage of 58th Farrar of 118th Shuman of the 65th Grahl of 52nd Harris of 118th Dorminy of 72nd Hamilton of 137th Howell of 86th Palmer of 117th Malone of 117th
Mullinax of 42nd
Levitas of 118th
Parker of 55th
Potts of 33rd

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JOURNAL OF THE HOUSE,

Hargrett of 77th Pafford of 97th Chandler of 47th A. T. Mauldin of 18th Joe Wood of 16th Jack N. Gunter of llth J. Robert Cooper of 16th Williams of 16th Lambert of 38th Mason of 22nd Norris J. Nash of 22nd Dodson of 107th Wilson of 109th Jordan of 78th Northcutt of 35th Ployd of 7th G. D. Adams of 125th Cook of 123rd Wiggins of 32nd Smith of 44th George Jordan of 82nd Hale of the 1st Lane of 64th Cecil Turner of 123rd Newton of 50th Edwin C. Poss of 17th Barber of 24th Rainey of 69th

HR 640. By Mr. Edwards of the 57th:
A RESOLUTION
Commending members of the Taylor County 4-H Club; and for other purposes.

MONDAY, FEBRUARY 12, 1968

1259

WHEREAS, Arlene Miller and Linda Ann Daniels of Buena Vista, Elizabeth Riley of Butler, David McCrary and Lynn Young of Reynolds have recently won honors as members of the Taylor County 4-H Club; and

WHEREAS, these young people are outstanding citizens of their community; and

WHEREAS, they have set a fine example of leadership and charac ter for other young people of their community and the State.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Arlene Miller, Linda Ann Daniels, Elizabeth Riley, David McCrary and Lynn Young for winning honors as members of the 4-H Club of Taylor County.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to Arlene Miller, Linda Ann Daniels, Elizabeth Riley, David McCrary and Lynn Young.

HR 641. By Mr. Edwards of the 57th:
A RESOLUTION
Commending the Howard Community of Taylor County; and for other purposes.
WHEREAS, the Howard Community of Taylor County recently won first place in the community fair booths of the Chattahoochee Valley Fair in Columbus, Georgia; and
WHEREAS, the Howard Community has won this honor at previ ous Chattahoochee Valley Fairs; and
WHEREAS, the Howard Community booth was made up of an outstanding exhibit of the many products found in the Taylor County area; and
WHEREAS, Mr. and Mrs. Steve Brown, Mr. Fred Brown and Miss Karen Parks were among the outstanding citizens of Taylor County who designed and made the booth; and
WHEREAS, Taylor County won second place in the county ex hibits with the story of cotton in Taylor County.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend the Howard Community of Taylor County and Taylor County for the honors received at the Chattahoochee Valley Fair.

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JOURNAL OP THE HOUSE,

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to Mr. and Mrs. Steve Brown, Mr. Fred Brown, Miss Karen Parks and to the Board of Commissioners of Roads and Revenues of Taylor County.

HR 642. By Mr. Edwards of the 57th:
A RESOLUTION
Commending the Taylor High School Chapter of Future Business Leaders of America; and for other purposes.
WHEREAS, the Taylor High School Chapter of Future Business Leaders of America attended the National Convention of said organiza tion held in San Francisco, California during June, 1967; and
WHEREAS, at said Convention, said Chapter won great honor and distinction by winning fourth place, in competition with over 4,000 chapters, in parliamentary procedure competition; and
WHEREAS, said Chapter was one of eight from Georgia designated as a Gold Seal Chapter; and
WHEREAS, parliamentary procedure competition was included in State events six years ago, and the Taylor County Chapter has won first place in this division every year since that time; and
WHEREAS, Mrs. Edith Guy is a teacher at Taylor County High School and sponsor for the school's Future Business Leaders of America Chapter; and
WHEREAS, the students attending the Convention included Mari lyn Woodall, Bucky Reddish, Murray Walker, Cathy Guinn, Lynne Partain, Corinne Parks and Martha Clark; and
WHEREAS, at the 1965 National Convention, the Taylor County Chapter won first place honors in parliamentary procedure competition; and
WHEREAS, the students are some of the most outstanding young people in our State and Nation.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the members of the Taylor High School Chapter of Future Business Leaders of America for their outstanding performance at the National Convention.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit an appropriate copy of this resolution to Mrs. Edith Guy and each of the students named.

MONDAY, FEBRUARY 12, 1968

1261

HR 643. By Mr. Edwards of of 57th:

A RESOLUTION

Commending Honorable Robert Carroll Peacock; and for other purposes.

WHEREAS, Honorable Robert Carroll Peacock, Chief of Police of Butler, Georgia, has been selected to appear in the 1967 edition of "Outstanding Personalities of the South;" and

WHEREAS, Chief Peacock received this honor in recognition of his outstanding ability and service to his community, State and country; and

WHEREAS, he has also recently been honored by the American Legion in recognition of his untiring efforts on behalf of the safety of our citizens; and

WHEREAS, he is deacon in the Mount Pisgah Baptist Church and was Sunday School Superintendent for ten years; and

WHEREAS, he is a great friend to the youth of his community and State and often speaks to youth groups emphasizing Christian principles.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Honorable Robert Carroll Peacock on being selected to appear in "Outstanding Personalities of the South."

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to Chief Peacock and to the mayor of the City of Butler.

HR 644. By Messrs. Wells of the 30th and Laite of the 109th:
A RESOLUTION
Expressing regrets at the passing of Honorable E. Brooks Lewis; and for other purposes.
WHEREAS, Honorable E. Brooks Lewis of Wilkinson County, Georgia recently passed away; and
WHEREAS, he was a former member of this Body serving as a Representative from Wilkinson County; and
WHEREAS, he rendered outstanding service to the people of his community and his State, and his leadership therein will be sorely missed; and

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WHEREAS, he was admired and respect by his fellow members of the House of Representatives and his passing is a great loss to all of those who knew him.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the profoundest regrets are expressed at the passing of Honorable E. Brooks Lewis and deepest sympathy is hereby extended to the members of his family.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the family of Honorable E. Brooks Lewis.

HR 645. By Mr. Laite of the 109th:
A RESOLUTION
Urging the State Department of Public Health to inaugurate a program recommended by Dr. B. W. Forester, Chairman of the Mental Health Committee of the State Board of Health; and for other purposes.
WHEREAS, Dr. B. W. Forester, Chairman of the Mental Health Committee of the State Board of Health, has presented a comprehensive and far-reaching plan to the State Board of Health designed to ease the crowded conditions at Gracewood State School and Hospital; and
WHEREAS, Dr. Forester's plan provides for the classification of persons on the waiting list for admission to the Gracewood facility which would provide one-day case and hospital admission for emergency cases and facilitate the speedy admission of the most urgent cases.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby urge that the De partment of Public Health inaugurate immediately the plan of classi fication recommended to the Board by Dr. B. W. Forester in order that the crowded conditions at the Gracewood facility be improved and that admission practices and procedures be streamlined to afford speedy admittance for the most urgent cases.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an appropriate copy of this Resolution to the Director of the Department of Public Health.

HR 646. By Messrs. Matthews and Farmer of the 29th:
A RESOLUTION
Expressing regrets at the passing of Mr. Henry S. Feild; and for other purposes.

MONDAY, FEBRUARY 12, 1968

1263

WHEREAS, Mr. Henry S. Feild passed away on January 2, 1968; and

WHEREAS, in 1962 he led Athens High School to the Georgia State AAA Tennis Championship and to the Southern Interscholastic Tennis Championship, and he won the Georgia State High School AAA Singles Championship and was runnerup for the Southern Interscholastic Singles Championship; and

WHEREAS, he was the No. 1 player for the University of Georgia Varsity Tennis Team in 1964-65-66, leading Georgia to its greatest glory in intercollegiate tennis: 17 wins, 3 losses in dual matches in 1964; 19 wins, 2 losses in dual matches in 1965; and 19 wins and 3 losses in dual matches in 1966; and

WHEREAS, he was the Georgia State Collegiate Singles Champion in 1964; and

WHEREAS, he was selected by the coaches in the Southeastern Conference on the All-SEC first team in 1966; and

WHEREAS, he was runnerup in the Georgia State Open Men's Singles in 1966-67, Crackerland Men's Singles in 1966 and Georgia State Closed Men's Singles in 1967; and

WHEREAS, he was a credit to his community, the University of Georgia and to his State; and

WHEREAS, he was admired and respect by his coaches, team mates, tennis opponents and everyone who knew him and his passing is a great loss to all.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest regrets are hereby expressed at the passing of Mr. Henry S. Feild and deepest sympathy is hereby ex tended to the members of his family.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the family of Mr. Henry S. Feild.

HR 647. By Messrs. Shuman of the 65th and Smith of the 54th:
A RESOLUTION
Expressing regrets at the passing of Honorable Kyle D. Smith; and for other purposes.
WHEREAS, Honorable Kyle D. Smith, Sheriff of Bryan County since 1952, recently passed away at a Savannah hospital; and

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WHEREAS, he was well known and highly regarded by the people of Bryan County, having been reelected to office several times since his election in 1952; and

WHEREAS, his father, Wallace Kyle Smith, served as a State Representative from Bryan County for many years and was well known in State and local government; and

WHEREAS, he is survived by his wife, Mrs. Sophie DeLoach Smith, three sons and a daughter.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its sincerest regrets at the passing of Honorable Kyle D. Smith of Bryan County, Georgia.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Mrs. Sophie DeLoach Smith.

HR 659. By Messrs. Barfield of the 95th, Lane of the 64th, Northcutt of the 35th, Crowe of the 1st, Russell of the 92nd and Mullinax of the 42nd:
A RESOLUTION
Creating a committee to study the various State Examining Boards; and for other purposes.
WHEREAS, there are twenty-seven (27) State Examining Boards in existence in the State of Georgia to license and examine the different professions; and
WHEREAS, all of the laws creating examining boards need to be revised; and
WHEREAS, the laws and procedures governing examining boards should be substantially the same since all boards are supervised by the Joint Secretary, State Examining Boards under the office of the Secretary of State; and
WHEREAS, a committee of the House of Representatives func tioned during the interim in 1967, but, because of the myriad problems encountered by the committee, it was unable to complete its work.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a State Examining Boards Study Committee to be composed of ten (10) members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Committee shall conduct a comprehensive and exhaustive study of the laws pertaining to the various State Examining Boards, the laws of other states and model laws, if any, on the subject

MONDAY, FEBRUARY 12, 1968

1265

of professional and occupational licensing. The Joint Secretary, State Examining Boards, the members of the various State Examining Boards and all other departments of state government shall make available to the Committee any records, statistics and other information and assistance necessary or convenient to fulfill the purposes of this Reso lution. The members of the Committee shall receive the allowances authorized for members of interim legislative committees. The funds necessary to carry out the purposes of this Resolution shall come from funds appropriated to or available to the legislative branch of the gov ernment. The Committee shall make a report of its findings and recom mendations to the 1969 session of the General Assembly of Georgia on or before the second Monday in January 1969, on which date the Committee shall stand abolished.

The following Resolutions of the House were read and referred to the Com mittee on Agriculture:

HR 648. By Mr. Matthews of the 94th:
A RESOLUTION
Requesting the Secretary of the United States Department of Agri culture to publicize the procedure to follow to become a tobacco grader; and for other purposes.
WHEREAS, only two Georgia residents are now employed by the United States Department of Agriculture to grade tobacco in Georgia; and
WHEREAS, many young men from Georgia would benefit from employment with the United States Department of Agriculture; and
WHEREAS, many young men from Georgia with tobacco growing experience could make excellent tobacco graders after proper training.
NOW, THEREFORE, BE IT RESOLVED THAT THE HOUSE OF REPRESENTATIVES does hereby request the Secretary of the United States Department of Agriculture to give wide publicity to the procedure to be followed to become a tobacco grader.
BE IT FURTHER RESOLVED that the Secretary of the United States Department of Agriculture require one-half of the graders who grade tobacco in Georgia to be residents of Georgia.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro priate copy of this resolution to the Honorable Orville Freeman, Secre tary of the United States Department of Agriculture.

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HR 649. By Mr. Matthews of the 94th:

A RESOLUTION Requesting the Secretary of the United States Department of Agriculture to require that the grade placed on tobacco be concealed from the buyers; and for other purposes.

WHEREAS, it is felt by flue-cured tobacco producers in Georgia that the visible grade markings is an inducement in many cases for the buyer to stop bidding at a price slightly above the support price for the grade of tobacco.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby request the Secre tary of the United States Department of Agriculture to require that the grade placed on a sheet or basket of tobacco be concealed from the buyers until after the tobacco has been sold.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro priate copy of this resolution to the Honorable Orville Freeman, Secre tary of the United States Department of Agriculture.

HR 650. By Mr. Matthews of the 94th:
A RESOLUTION
Requesting the Secretary of the United States Department of Agri culture to lower the national average yield gold and raise the national average acreage allotment on tobacco.
WHEREAS, the United States Congress passed H. R. 4532, a bill to amend the Agricultural Adjustment Act of 1938, to provide for poundage-acreage marketing quotas for tobacco; and
WHEREAS, the Secretary of Agriculture is responsible for the administration of this Act, as amended, to accomplish the purposes set forth in the Act; and
WHEREAS, certain branches of our government are censuring and condemning tobacco as a health hazard because of the tar and nicotine content; and
WHEREAS, the current and prevailing tobacco situation is favor able to tobacco with lower nicotine as evidenced by high per cent of the flue-cured crop placed in the Government Loan Program in 1967; and
WHEREAS, the yield of flue-cured tobacco increased from 1559 pounds in 1959 to 2211 pounds in 1964 with increased rates of fer tilization largely responsible for this increased yield; and
WHEREAS, research data shows high fertilization increases nico tine content of tobacco and lowers the sugar content of tobacco; and

MONDAY, FEBRUARY 12, 1968

1267

WHEREAS, under the poundage-acreage bill a "preliminary farm yield" is determined by averaging the yield per acre for the three high est years of the five-year period beginning with the 1959 crop year and with all the other factors used or applied in determining a farm pound age quota; consequently high fertilization is necessary to produce the farm poundage quota on the small corresponding acreage allotment.

NOW, THEREFORE, BE IT RESOLVED THAT THE HOUSE OF REPRESENTATIVES hereby requests the Secretary of Agriculture to follow 7USCA Section 1314C (a) (2) in determining the national average yield goal which reads as follows:

"National average yield goal for any kind of tobacco means the yield per acre which on a national average basis the Secretary determines will improve or insure the usability of the tobacco and increase the net return per pound to the growers. In making the determination the Secretary shall give consideration to such Fed eral-State production research data as he deems relevant."

BE IT FURTHER RESOLVED that the House of Representatives does further request the Secretary of Agriculture in complying with 7USCA Section 1314C (a) (2) of the poundage-acreage bill to lower the national average yield goal 20% and raise the national acreage allotment 20% without reducing the national marketing quota or the farm marketing quota of any flue-cured tobacco producing farm.
BE IT FURTHER RESOLVED, ALSO, that acreage allotments, as appear on FSN Form 156, as it appeared prior to poundage-acreage control, be a permanent part of the farmer or producer record.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an ap propriate copy of this resolution to the Honorable Orville Freeman, Sec retary of the United States Department of Agriculture.

The following Resolution of the House was read and referred to the Com mittee on State Institutions and Property:

HE 651. By Messrs. Hadaway of the 46th, Jones of the 76th and Chandler of the 47th:
A RESOLUTION
Requesting the Employees' Retirement System to conduct a study relative to prior service; and for other purposes.
WHEREAS, under the present provisions of law relative to the Employees' Retirement System, many State employees are not author ized to receive credit for certain prior service; and

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WHEREAS, each year bills are introduced covering certain speci fied employees in the above category and it is very difficult to ascer tain the cost involved, not only for these individuals but for others; and

WHEREAS, it would be highly advantageous to the members of this body to have the benefit of an actuarial study concerning the cost and other matters involved in allowing credit for prior service.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Employees' Retirement System of Georgia is hereby requested to conduct a study concerning all aspects of laws now existing relative to prior service and the actuarial effect involved in the event such laws were changed to provide credit for prior service. Such study should include all cost figures and should be so conducted that a breakdown on the cost of various groups and various types of prior service could be readily ascertained. Any other matters which the System feels would be beneficial to the members of the General Assembly relative to the above subject should also be studied and included in any report by the System.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to each member of the Board of said System and to the Director of said System.

The following Resolution of the House was read and referred to the Com mittee on Industry:
HR 652. By Messrs. Williams of the 16th, Cato of the 89th, Farmer of the 29th and others:
A RESOLUTION
Relative to delaying the opening of schools in the event Georgia remains on daylight savings time; and for other purposes.
WHEREAS, in all discussions relative to the advantages and dis advantages of daylight savings time, one of the main arguments against such time is based on the premise that school children must wait on school buses for varying degrees of time during the dark hours of early morning; and
WHEREAS, this statement concerns parents all over the State of Georgia and should be taken into consideration as relates to the sub ject of daylight savings time; and
WHEREAS, it is the desire of all members of this body, regardless of their position on daylight savings time, that no action be taken which would be detrimental to our young school children.

MONDAY, FEBRUARY 12, 1968

1269

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that in the event the State of Georgia remains on daylight savings time, this body hereby requests and urges all local boards of education and the State Board of Education to take what ever steps are necessary to delay the opening of schools for one hour each day during the period of daylight savings time.

The following Resolution of the House was read and referred to the Com mittee on State of Republic:

HR 653. By Messrs. Westlake, Higginbotham and Davis of the 119th, Smith of the 117th, Lane of the 126th and many others:
A RESOLUTION
Requesting the United States Congress to exert every effort to enact legislation leading toward a constitutional amendment to provide for proportional counting of the electoral vote in Presidential Elections; and for other purposes.
WHEREAS, under our present system of electing Presidential Candidates, the candidates receiving the majority of the popular votes in many states, receives all the electoral votes for those States; and
WHEREAS, many other States have enacted legislation which provides for the candidate who has obtained a plurality of popular votes to receive all the electoral votes for those States; and
WHEREAS, under the plurality vote rule a candidate could con ceivably get all the electoral votes from a State while receiving only a small fraction of the popular votes; and
WHEREAS, the Supreme Court of the United States, in Reynolds v. Sims held that any method of vote apportioning other than by giv ing each man one vote is unconstitutional; and
WHEREAS, the Georgia "County Unit" system was based on the present presidential electoral vote system, and the County Unit system was held to be unconstitutional; and
WHEREAS, it would appear to be more logical, fair and proper to pro rate the electoral votes among the Presidential Candidates in each State according to the amount of popular votes received by each can didate; and
WHEREAS, there is a growing fear that in a close Presidential election, the outmoded electoral vote method of giving all the votes to the candidate receiving a plurality of the popular votes will cause the election to go to a candidate who received only a small fraction of the popular votes, but enough electoral votes to insure his being elected.

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body strongly requests the mem bers of Congress to start the proper legislative machinery in motion for changing the United States Constitution so that it will provide for a pro rata assigning of electoral votes based on the number of popular votes each Presidential Candidate receives.

BE IT FURTHER RESOLVED that the clerk of the House of Representatives transmit a copy of this Resolution to the Georgia Con gressional delegation, the two Senators from Georgia, the Speaker of the United States House of Representatives and the President of the Senate of the United States Senate.

The following Resolution of the House was read and referred to the Com mittee on Defense and Veteran's Affairs:
HR 654. By Messrs. Ware of the 42nd, Steis of the 100th, Berry of the 110th and others:
A RESOLUTION
Urging Congress to pass certain bills affecting veterans; and for other purposes.
WHEREAS, there is presently pending in the United States Senate S. 2170 which amends title 10 United States Code to equalize the re tirement pay of members of the uniformed services of equal rank and years of service; and
WHEREAS, there is presently pending in the United States House of Representatives H. R. 6623 which amends section 3104 of title 38 United States Code to permit certain service connected disabled vet erans who are retired members of the uniformed services to receive compensation concurrently with retired pay, without deduction from eoither, and H. R. 12657 which amends title 38 United States Code to provide survival benefits for military career personnel; and
WHEREAS, all three of these bills deserve favorable consideration.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby urge the passage of S. 2170, H. R. 6623, and H. R. 12657 by the Congress of the United States.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an ap propriate copy of this Resolution to Honorable Richard B. Russell, Chairman, Senate Committee on Armed Services and Honorable Olin E. Teague, Chairman, House of Representatives Committee on Veterans Affairs and to each of the other members of the Georgia Congressional Delegation.

MONDAY, FEBRUARY 12, 1968

1271

The following Resolution of the House was read and referred to the Com mittee on Game and Fish:

HR 655. By Messrs. Rush of the 75th, Rainey of the 69th, Harrison of the 98th, Brantley of the 63rd, Nimmer of the 84th, Whaley of the 115th and others:
A RESOLUTION
Creating the House Shad Fish Study Committee; and for other purposes.
WHEREAS, the problem relative to shad fish is becoming in creasingly complex; and
WHEREAS, said fish are a potential source of increased revenue to the economy of this State; and
WHEREAS, the members of this body are in need of information in order that they might intelligently make provisions for the con servation and propagation of shad fish.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Shad Fish Study Committee to be composed of six members of the House to be appointed by the Speaker of the House. The Committee shall study all aspects of the shad fish problem, particularly all the laws, rules and regulations related thereto in order to propose legislation to remedy the problems relating to shad fish. The Committee is authorized to con sult with persons and organizations knowledgeable in the shad fish field. The members of the Committee shall receive the allowance au thorized for members of interim legislative committees; provided, how ever, that the Committee shall be authorized to meet no more than ten days unless the approval of the Speaker is obtained. The Committee shall make a report of its findings and recommendations to the Gen eral Assembly on or before December 30, 1968, and when such report is made, the Committee shall stand abolished. The funds necessary to accomplish the purposes of this Resolution shall come from the funds appropriated to and available to the legislative branch of the govern ment.

The following Resolution of the House was read and referred to the Com mittee on Education.

HR 656. By Messrs. Hutchinson of the 79th, Barber of the 24th, Peterson of the 59th, Parker of the 68th, Moore of the 12th and Mrs. Merritt of the 68th:
A RESOLUTION
Creating an interim study committee to determine a method for providing additional incentive to first grade teachers in the public schools of this State; and for other purposes.

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WHEREAS, the first grade is one of the most difficult grades in public schools to teach; and

WHEREAS, most child development experts and educators are of the opinion that the first grade is the most important of any of the grades taught in the public school system; and

WHEREAS, it is of utmost importance to the development of the child that he be motivated properly, receive the proper guidance and receive excellent teaching particularly in his first year of school; and

WHEREAS, first grade teachers should be provided some addi tional incentive for the very difficult and most important task that they are undertaking.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of five members of the House to be appointed by the Speaker thereof. The committee shall make a thorough and exhaustive study into the methods for providing additional incentive to first grade teachers in the public schools of this State and shall make a report of its findings and recommendations to the 1969 Session of the General Assembly at which time it shall stand abolished.

BE IT FURTHER RESOLVED that the members of the commit tee shall receive such expenses and allowance from funds appropriated or made available to the legislative branch of the government author ized to legislative members of interim legislative committees for no more than ten days. Any other funds necessary to carry out the pro visions of this Resolution shall come from funds appropriated or avail able to the legislative branch of government.

The following Resolution of the House was read and referred to the Com mittee on Special Judiciary:

HR 657. By Messrs. Davis, Westlake and Jenkins of the 119th, Thompson of the 110th, Berry of the 113th and others:
A RESOLUTION
Creating an interim study committee to study all matters relating to mechanics' and materialmen's liens; and for other purposes.
WHEREAS, it has come to the attention of this body that the laws of this State relating to mechanics' and materialmen's liens are in need of study and revision; and
WHEREAS, recent court decisions of the appellate courts of this State further indicate that such laws are in need of study and revision.

MONDAY, FEBRUARY 12, 1968

1273

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim study committee to be known as the Mechanics' and Materialmen's Liens Study Committee to be composed of five (5) members of the House of Representatives to be appointed by the Speaker thereof. Said Committee shall make a careful study and analysis of the present laws of this State relating to mechanics' and materialmen's liens for the purpose of revising and improving said laws.

BE IT FURTHER RESOLVED that the Committee may hold such meetings at such places and at such times as it considers expedient, and may do all other things consistent with this resolution which are neces sary and convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of this resolution.

BE IT FURTHER RESOLVED that the members of the Commit tee shall receive the expenses and travel allowances authorized for legislative members of interim legislative committees. The members of the Committee shall receive such expenses and allowances from the funds appropriated or available to the Legislative Branch of govern ment but shall receive the same for not more than ten (10) days. Any other funds necessary to carry out the provisions of this resolution shall come from funds appropriated or available to the Legislative Branch of government. Said Committee shall make a report of its find ings and recommendations, which report shall be accompanied by such proposed legislation as might be recommended by said Committee, to the 1969 session of the General Assembly of Georgia.

Under the general order of business established by the Committee on Rules, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 862. By Messrs. Parker of the 55th, Lewis of the 50th, Wiggins and Threadgill of the 32nd and others:
A Bill to be entitled an Act to amend an Act providing for grants to certain municipalities, so as to provide that the State Treasurer shall disburse grants on a quarterly basis; and for other purposes.

An amendment, offered by Mr. Miller of the 108th, was read and lost.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

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Those voting in the affirmative were Messrs.

Alexander Barber Berry, C. E. Bond Brantley, H. L. Brown, C. Buck Caldwell Carnes Chandler Clarke Collins, M. Cooper, J. R. Cox Daugherty Dean Dixon Parrar Floyd Funk Gary Graves Hadaway Hall Hargrett

Harrington Henderson Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, M. Jordan, W. H. Kaylor Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lowrey Matthews, C. McClatchey Melton Moore, Don C. Moore, J. H. Murphy Nash Nessmith Newton

Northcutt Odom Pafford Paris Parker, C. A. Parker, H. W. Peterson Ross Rowland Savage Shanahan Simmons Stalnaker Starnes Steis Turner Underwood Vaughn, C. R. Walling Wells Whaley Williams Wilson, J. M. Wood

Those voting in the negative were Messrs.

Adams Anderson Ballard Battle Bennett Berry, J. K. Black Blalock Bostick Bowen Branch Bray
Gates Cato Cheeks Cole Conner Cooper, B. Crowe, W. J. Dailey DeLong Dent Dillon Dodson Dorminy

Doster Douglas Egan Fallin Fleming Gay Gaynor Gignilliat Grahl Grier Harris, J. F. Harris, J. R. Harris, R. W. Harrison Hill Holder Hood Jordan, G. Kirksey Knapp Laite Lambros Land Le vitas Lovell

Malone Mason Matthews, D. R. Mauldin Maxwell McCracken McDaniell Merritt Miller Mixon Mullinax Otwell Palmer Parrish Phillips Potts Ragland Reaves Richardson Rush Russell Scarlett Sherman Shields Shuman

Sims Smith, G. W. Smith, V. T. Sullivan Sweat

MONDAY, FEBRUARY 12, 1968

1275

Thompson, R. Threadgill Townsend Tucker Vaughan, D. N.

Wamble Ward Wilson, R. W. Winkles

Those not voting were Messrs.:

Barfield Brantley, H. H. Brown, B. D. Busbee Collins, J. F. Colwell Cook Crowe, William Davis Dickinson Dollar Edwards Farmer Gunter

Hale Hamilton Higginbotham Howard Howell Jones, G. M. Lambert Lane, Dick Leggett Leonard Magoon Moate Moreland Nimmer

Oglesby Pickard Poss Roach Rainey Smith, J. R. Smith, W. L. Snow Thompson, A. W. Tye Ware Westlake Wiggins Mr. Speaker

On the passage of the Bill, the ayes were 74, nays 89.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Paris of the 23rd served notice that at the proper time he would ask the House to reconsider its action in failing to give the requisite constitutional major ity to HB 862.

SB 210. By Senator Minish of the 48th:
A Bill to be entitled an Act to amend Code Section 74-111, relating to reports of cruel treatment of children, so as to include dentists among those parties permitted to report cases of cruel treatment of children with immunity from civil or criminal liability; and for other purposes.

The following amendment was read and adopted:
Mr. Carnes of the 129th moves to amend SB 210 by inserting the word "podiatrist" after "dentist" on line 4 of Section 74-111.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

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On the passage of the Bill, as amended, the ayes were 111, nays 8.

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

HB 259. By Messrs. Moore of the 12th, Parker of the 68th and Northcutt of the 35th:
A Bill to be entitled an Act to amend an Act relating to the separate classification of motor vehicles for ad valorem tax purposes, and requir ing the payment of such taxes at the time the owner makes application for registration of a motor vehicle; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 103, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 980. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th: A Bill to be entitled an Act to amend Code Section 95-1608, so as to trans fer certain functions and duties vested in the State Highway Board to the State Highway Director; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 116, nays 5. The Bill, having received the requisite constitutional majority, was passed.

HB 987. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to amend an Act creating the offices of the State Highway Chairman of the State Highway Board, and Treasurer of the State Highway Department, so as to change the qualifications of the Director of the State Highway Department; and for other purposes.

MONDAY, FEBRUARY 12, 1968

1277

The following amendment was read and adopted:

The Committee of the House on Highways moves to amend HB 987 as follows:
By striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows:
"Section 1. An Act creating the offices of the State Highway Board, Chairman of the State Highway Board, and Treasurer of the State Highway Department, approved February 2, 1950 (Ga. Laws 1950, p. 62), as amended particularly by an Act approved February 5, 1951 (Ga. Laws 1951, p. 31), an Act approved February 17, 1953 (Ga. Laws 1953, p. 81), an Act approved February 23, 1955 (Ga. Laws 1955, p. 249), an Act approved March 25, 1958 (Ga. Laws 1958, p. 624), an Act approved March 17, 1960 (Ga. Laws 1960, p. 1109), an Act approved January 18, 1961 (Ga. Laws 1961, p. 22), an Act approved January 25, 1963 (Ga. Laws 1963, p. 3), an Act ap proved April 2, 1963 (Ga. Laws 1963, p. 282), an Act approved April 9, 1963 (Ga. Laws 1963, p. 423), an Act approved March 28, 1967 (Ga. Laws 1967, p. 151), and an Act approved April 4, 1967 (Ga. Laws 1967, p. 382), is hereby amended by deleting the last sentence in Subsection (e) of Section 4, which read as follows:
'provided further, no officer, agent, official or employee of the State, or of any county or municipality thereof, nor any member of the General Assembly, shall be eligible for appointment or election as Director hereunder.'
so that when so amended said Subsection (e) of Section 4 shall read as follows:
'(e) Director of State Highway Department.
There is hereby created the office of Director of the State Highway Department, who shall be the chief administrative officer of the State Highway Department, and who shall possess and exercise all power and authority of the State Highway Board delegated to him by said Board when it is not in regular or called sessions, and shall have full authority to execute contracts and all other undertakings The Director shall qualify by giving oath and bond with duly licensed corporate surety in the sum of $50,000.00, payable to the Governor and his successors in office, to be approved by the Governor and conditioned to faithfully discharge the duties his office and to ac count for all money and property coming into his hands, the pre mium of such bond to be paid from funds of the State Highway De partment. The Director shall be a full-time official of the State, and shall receive as compensation the sum of $25,000.00 per annum pay able monthly or semi-monthly, plus actual and necessary expenses for travel, lodging and meals, incurred while engaged in the per formance of his duties away from the Capitol. No person who serves as Director of the State Highway Board shall be eligible, except as hereinafter provided, to offer as a candidate in any primary, special or general election for any state or federal elective office, nor to

1278

JOURNAL OF THE HOUSE,

hold any such office, except as hereinafter provided, during the time he serves as Director, and for a period of 12 months after the date he ceases to serve as Director; provided, however, nothing con tained herein shall prevent the Director from being appointed to any other office, nor disqualify him from running in any election to suc ceed himself in any office to which he was appointed, nor to hold such office in the event he is elected thereto and otherwise qualifies therefor; provided, however, the Director shall resign as Director of the State Highway Department before accepting any such appoint ive office.' "

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Ballard Barber Barfield Battle Bennett Berry, J. K. Black Blalock Bostick Bowen Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Dean

Dent Dixon Dorminy Doster Edwards Fallin Farrar Fleming Funk Gary Gay Gaynor Gignilliat Grahl Graves Gunter Hadaway Hale Hall Hamilton Hargrett Harrington Harris, J. R. Harris, R. W. Harrison Henderson Hill Holder Howard Howell Hutchinson Johnson, A. S. Joiner

Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Land Lane, W. J. Lee, W. J. (Bill) Leggett Leonard Lovell Lowrey Magoon Malone Mason Matthews, C. Mauldin Maxwell McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, Don C. Mullinax Murphy Nessmith Newton Nimmer Northcutt

Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Peterson Phillips Poss Potts Ragland Reaves Roach Ross Rowland

MONDAY, FEBRUARY 12, 1968

1279

Rush

Russell

Savage

Scarlett

Shanahan

Sherman

Simmons

Sims

Smith, J. R.

Smith, V. T.

Stalnaker

Starnes



Steis

Thompson, A. W.

Thompson, R.

Threadgill Tucker Turner Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Whaley Wilson, J. M. Wood

Those voting in the negative were Messrs.

Adams Alexander Anderson Bond Branch Carnes Daugherty Davis Dillon Dodson Douglas

Egan Grier Harris, J. F. Hood Jenkins Knapp Lambros Lane, Dick Lee, W. S. Levitas Lewis

McClatchey Odom Oglesby Parrish Richardson Smith, G. W. Townsend Westlake Wilson, R. W. Winkles

Those not voting were Messrs.:

Berry, C. E. Brantley, H. H.
Gates Cook DeLong Dickinson Dollar Farmer Floyd Higginbotham

Johnson, B. Laite Lambert Longino Matthews, D. R. Moore, J. H. Moreland Pickard Rainey Shields

Shuman Smith, W. L. Snow Sullivan Sweat Tye Wiggins Williams Mr. Speaker

On the passage of the Bill, as amended, the ayes were 143, nays 32.

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

Mr. Johnson of the 40th stated that he had been called from the floor of the House when the roll was called on HB 987, as amended, but had he been present would have voted "aye".

1280

JOUENAL OF THE HOUSE,

SB 234. By Senators Eldridge of the 7th, Flowers of the 10th, Young of the 13th and Rowan of the 8th:
A Bill to be entitled an Act to establish the State Department of Air Transportation; and for other purposes.

The following amendment was read and adopted:
Mr. Palmer of the 117th moves to amend SB 234 by removing from the caption the following words:
"to provide for the location of the administrative offices and maintenance facilities of the Department."

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Ballard Barber Barfield Battle Bennett Berry, J. K. Black Blalock Bostick Branch Brantley, H. L. Bray Brown, B. D. Brown, C. Busbee Caldwell Carnes Cato Cheeks Clarke Cole Colwell Conner Cooper, B. Cooper, J. R. Crowe, William Crowe, W. J.

Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon Douglas Edwards Fallin Farrar Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Hale Hall Hamilton Hargrett Harris, J. F. Harris, J. R. Harris, R. W.

Harrison Henderson Higginbotham Hill Holder Hood Howard Hutchinson Jenkins Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lovell Lowrey Malone Mason

Matthews, C. Maxwell McClatchey Melton Merritt Miller Moate Moore, Don C. Moore, J. H. Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Odom Oglesby Otwell Palmer

MONDAY, FEBRUARY 12, 1968

1281

Parker, C. A. Parker, H. W. Pickard Potts Reaves Richardson Roach Rowland Rush Savage Scarlett Shanahan Sherman Shields Shuman Sims Smith, G. W. Smith, V. T. Starnes Steis

Sullivan Sweat Thompson, A. W. Thompson, R. Threadgill Tucker Turner Underwood Vaughan, D. N. Vaughn, C. R. Ward Ware Wells Westlake Whaley Williams Wilson, J. M. Winkles Wood

Those voting in the negative were Messrs.:

Anderson Bowen Collins, J. F. Collins, M. Dorminy Doster Egan

Farmer Knapp Land Mauldin Mixon Pafford Parrish

Poss Ragland Ross Russell Townsend Wamble Wilson, R. W.

Those not voting were Messrs.:

Berry, C. E. Bond Brantley, H. H. Buck Gates Chandler Cook Cox Dodson Dollar Fleming Gunter Hadaway

Harrington Howell Johnson, B. Jordan, W. H. Laite Lambert Leggett Magoon Matthews, D. R. McCracken McDaniell Moreland Paris

Peterson Phillips Rainey Simmons Smith, J. R. Smith, W. L. Snow Stalnaker Tye Walling Wiggins Mr. Speaker

On the passage of the Bill, as amended, the ayes were 146, nays 21.

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

Mr. Johnson of the 40th stated that he had been called from the floor of the House when the roll was called on SB 234, as amended, but had he been present would have voted "aye".

1282

JOURNAL OF THE HOUSE,

Mr. Hargrett of the 77th arose to a point of personal privilege and addressed the House.

The Speaker announced the House recessed until 1:30 o'clock, P. M.
AFTERNOON SESSION
The Speaker called the House to order.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 19. By Mr. Harris of the 118th: A Bill to be entitled an Act to amend Code Section 20-506, relating to attorney's fees upon any note or other evidence of indebtedness, so as to change the method of giving notice for the purpose of collecting such attorney's fees; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend Code Section 20-506, relating to at torney's fees upon any notice or other evidence of indebtedness, as amended so as to provide that a refusal by the debtor to accept delivery of the notice shall be the equivalent of such notice; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Code Section 20-506, relating to attorney's fees upon any note or other evidence of indebtedness, as amended, is hereby amended by adding the following sentence to the end of Subsection (c) thereof:
"The refusal of a debtor to accept delivery of the notice herein before specified shall be the equivalent of such notice."
SECTION 2
All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Harris of the 118th moved that the House recede from its position in disagreeing with the Senate substitute.
On the motion, the ayes were 116, nays 0.

MONDAY, FEBRUARY 12, 1968

1283

The Senate substitute to HB 19 was agreed to.

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

HR 142-403. By Messrs. Farrar and Harris of the 118th, Barber of the 24th and Irvin of the llth:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of a retirement system for all employees of public schools who are not covered by the Teachers' Retirement System; and for other purposes.

The following Senate substitute was read:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of a retirement system for all employees of public schools who are not covered by the Teachers' Retirement System including, but not limited to, school bus drivers, school lunchroom personnel, school maintenance personnel and school custodial personnel, and for the expenditure of State funds and the funds of county and independent boards of education for the support of said retirement system; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The Constitution is hereby amended by adding between Paragraphs II and III of Section II of Article VII a new paragraph to be designated Paragraph II-A, to read as follows:
"Paragraph II-A. The General Assembly is hereby authorized to provide by law for the creation of an actuarily sound, participat ing retirement system for all employees of public schools who are not covered by the Teachers' Retirement System including, but not limited to, school bus drivers, school lunchroom personnel, school maintenance personnel and school custodial personnel. The General Assembly is further authorized to provide in said Act creating such retirement system, or in any amendatory Acts thereto, for the ex penditure of State funds and the funds of county and independent boards of education in support of said retirement system, in such manner as the General Assembly shall determine."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

1284

JOURNAL OF THE HOUSE,

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

"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to provide by law for the crea tion of an actuarily sound, participating retirement
NO ( ) system for all employees of public schools who are not covered by the Teachers' Retirement System, includ ing, but not limited to, school bus drivers, school lunchroom personnel, school maintenance personnel and school custodial personnel, and for the expendi ture of State funds and the funds of county and in dependent boards of education for the support of said retirement system?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

Mr. Farrar of the 118th moved that the House agree to the Senate substitute.

On the motion to agree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch
Brantley, H. H. Brantley, H. L. Bray Brown, B. D.

Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Cheeks Cole Collins, J. F. Collins, M. Colwell Conner Cooper, B.
Cox Crowe, W. J. Dailey Daugherty

Dean DeLong Dent Dickinson Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards Fallin Farmer Farrar
Fleming Floyd Funk Gary

MONDAY, FEBRUARY 12, 1968

1285

Gay Gaynor Gignilliat Grahl Graves Gunter Hadaway Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Howard Howell Hutchinson Johnson, A. S. Johnson, B. Joiner Jones, M. Jordan, G. Kaylor Kirksey Knapp Lambert Larnbros Land Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas

Lewis Longino Lowrey Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miller Moate Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nash Nes smith Newton Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Parker, C. A. Parker, H. W. Parrish Pickard Poss Potts Ragland Reaves

Richardson Roach Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Simmons Sims Smith, G. W. Smith, V. T. Smith, W. L. Stalnaker Starnes Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Turner Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Whaley Williams Wilson, J. M. Wilson, R. W.

Those not voting were Messrs.:

Barfield Clarke Cook Cooper, J. R. Crowe, William Davis Egan Crier Hale Higginbotham Hood Jenkins Jones, C. M.

Jordan, W. H. Laite Lane, Dick Leggett Lovell Magoon McCracken Mixon Paris Peterson Phillips Rainey

Ross Shuman Smith, J. R. Snow Steis Sullivan Tye Westlake Wiggins Winkles Wood Mr. Speaker

1286

JOURNAL OF THE HOUSE,

On the motion, the ayes were 168, nays 0.

The Senate substitute to HR 142-403 was agreed to.

Under the general order of business established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:

HB 1198. By Messrs. Barber of the 24th, Smith of the 54th, Paris of the 23rd, Lee of the 35th and many others:
A Bill to be entitled an Act to amend an Act providing for equal pay for both males and females for comparable work on jobs which have com parable requirements relating to skill, effort and responsibility; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Barber Battle Berry, J. K. Black Blalock Bond Branch Brantley, H. L. Brown, B. D. Busbee Carnes Cheeks Clarke Conner Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Dean Dent Dickinson

Dixon Doster Douglas Edwards Farmer Farrar Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Gunter Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Holder Howard Howell Hutchinson Jenkins Johnson, A. S.

Johnson, B. Joiner Jones, C. M. Jordan, G. Kaylor Lambros Lane, W. J. Lee, W. J. (Bill) Leggett Levitas Longino Lovell Lowrey Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Merritt Miller Moore, Don C. Moore, J. H. Mullinax

Nessmith Newton Nimmer Northcutt Odom Otwell Palmer Parker, C. A. Parker, H. W. Parrish Peterson Potts Ragland Reaves

MONDAY, FEBRUARY 12, 1968

1287

Roach Russell Savage Scarlett Shanahan Shuman Sims Smith, G. W. Smith, J. R. Smith, V. T. Stalnaker Starnes Sweat Thompson, A. W.

Threadgill Town send Tucker Turner Vaughan, D. N. Vaughn, C. R. Wamble Ward Wells Whaley Williams Wilson, J. M. Winkles Wood

Those voting in the negative were Messrs.

Barfield Bennett Davis Dorminy

Hall Hill Lee, W. S. Magoon

Mixon Oglesby Rush Simmons

Those not voting were Messrs.:

Anderson Ballard Berry, C. E. Bostick Bowen Brantley, H. H. Bray Brown, C. Buck Caldwell Gates Cato Chandler Cole Collins, J. F.
Collins, M.
Colwell Cook DeLong
Dillon
Dodson Dollar Edwards
Egan Fallin

Fleming Grier Hadaway Hale Hamilton Hargrett Harrington Higginbotham Hood Jones, M. Jordan, W. H. Kirksey Knapp
Laite Lambert Land Lane, Dick
Leonard
Lewis McCracken Melton
Moate Moreland Murphy Nash

Pafford Paris Phillips Pickard Poss Rainey Richardson Ross Rowland Sherman Shields Smith, W. L. Snow
Steis Sullivan Thompson, R. Tye
Underwood
Walling Ware
Westlake Wiggins Wilson, R. W. Mr. Speaker

On the passage of the Bill, the ayes were 119, nays 12.

1288

JOURNAL OP THE HOUSE,

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

Messrs. Lewis of the 50th, Jones of the 112th and Mrs. Hamilton of the 138th stated that they had been called from the floor of the House when the roll was called on HB 1198, but had they been present would have voted "aye".

Mr. Magoon of the 19th stated that he had inadvertently voted "nay" but intended to vote "aye" on HB 1198.

HR 521-1103. By Messrs. Bostick of the 93rd, Poss of the 17th and Cheeks of the 104th:
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the amount of loans and scholarships for medical students and to change the provisions relative to the repayment of such loans and scholarships, the State Medical Education Board and the secretary of said Board; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
SECTION 1
Article VII, Section I, Paragraph II of the Constitution, as amended by an amendment ratified at the general election in 1952 (Ga. Laws 1951, p. 861), an amendment ratified at the general election in 1960 (Ga. Laws 1960, p. 1215), an amendment ratified at the general election in 1960 (Ga. Laws 1960, p. 1300), an amendment ratified at the general election in 1962 (Ga. Laws 1962, p. 1039), an amendment ratified at the general election in 1964 (Ga. Laws 1964, p. 944), and an amendment ratified at the general election in 1966 (Ga. Laws 1966, p. 1082), is hereby amended by striking the first, second, third and eighth para graphs of that portion of Paragraph II added by the 1952 amendment, and as amended by the 1960, 1962, 1964 and 1966 amendments, and in serting in lieu thereof new first, second, third and eighth paragraphs as follows:
"There is hereby created a board to be known as the State Medical Education Board to consist of five members, one of whom shall be the President of the Medical Association of Georgia, one of whom shall be the immediate Past President of the Medical As sociation of Georgia, and three members to be appointed by the Governor, who shall be qualified electors of the State of Georgia. The members of the Board shall hold office for a term of four years beginning on the first day of April, 1953, and every four years thereafter the Governor shall appoint three members for a term of

MONDAY, FEBRUARY 12, 1968

1289

four years, and shall appoint the President and the immediate Past President of the Medical Association of Georgia pursuant to their position and office in those respective capacities. Vacancies shall be filled by appointment of the Governor for the unexpired term.

"The members of the Board shall serve without pay but shall be allowed $20.00 per day expenses and traveling expenses of ten cents (10#) per mile for attending meetings of the Board or in traveling elsewhere in the discharge of their duties requiring their absence from their respective places of abode, same to be paid upon the approval of the Chairman or Vice-Chairman of the Board, out of any funds made available to said Board.

"The secretary of the Board shall be whomsoever is serving as the executive secretary of the Board of Regents, who shall keep the records and minutes of the proceedings of the Board and who shall also keep the books, records and accounts of the Board, and whose compensation as secretary of this Board shall be fixed by the Board. The secretary shall prepare and countersign all checks, vouchers and warrants drawn upon the funds of the Board, and the same shall be signed by the Chairman of the Board. The sec retary shall also be the treasurer of the Board and shall keep and account for all the funds of the Board, and shall execute and file with the Board a surely bond in the sum of $10,000.00, payable to the State of Georgia, and conditioned upon the faithful performance of his duties and that he shall properly account for all funds coming into his hands as such secretary, the premium on such bond to be paid out of the funds of the Board.

"Applicants who are granted loans or scholarships by the Board shall receive a loan or scholarship not to exceed $10,000.00 to any one applicant to be paid at such time and in such manner as may be determined by the Board with which to defray the tuition and other expenses of any such applicant in any responsible, accepted and accredited four-year medical college or school in the United States. The loans and scholarships herein provided shall not exceed the sums herein stated, but they may be prorated in such manner as to pay to the medical college or school to which any applicant is admitted such funds as are required by that college or school, and the balance to be paid direct to the applicant; all of which shall be under such terms and conditions as may be provided under rules and regulations of the Board. The said loans or scholarships to be granted to each applicant shall be based upon the condition that the full amount thereof shall be repaid to the State of Georgia in cash in full with 4% interest from the date of each payment by the State on such loan or scholarship, same to be payable annually, the first annual payment to be due on or before one year from the date the applicant completes his internship, or same may be repaid to the State of Georgia in services to be rendered by the applicant by practicing his profession at some place within the State of Georgia to be approved by the Board. One-fifth of the loan or scholarship, together with interest thereon, shall be credited to the applicant for each year of practicing his profession in a community of 10,000 population or less, according to the United States Decennial Census of 1960 or any future such decennial census, or at Millegeville State Hospital, Gracewood State School and Hospital, or at any facility

1290

JOURNAL OF THE HOUSE,

operated by or under the jurisdiction of the State Department of Public Health or at any prison or detention camp or work camp operated under the jurisdiction of the State Board of Corrections, and no annual interest on the scholarship loan shall be paid during such practice or service. Credit for practice at Milledgeville State Hospital, Gracewood State School and Hospital, or at any facility operated by or under the jurisdiction of the State Department of Public Health or at any of the above facilities of the State Board of Corrections, shall be retroactive and shall apply to any applicants engaging in such practice at any time. In the event an applicant has repaid any part of such loan or scholarship for which he would otherwise have received credit for service, he shall be repaid what ever sum is necessary to take into consideration the credit he would have received. After the third full year of practice or services with in this State as herein provided, but not before, the said applicant shall be privileged, entirely at the discretion of the Board to pay off the balance of the scholarship or loan, together with accrued interest thereon, and upon such payment shall be relieved from further obligations under his contract for loan or scholarship."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to increase the amount of loans and scholarships for medical
NO ( ) students and to change the provisions relative to the repayment of such loans and scholarships, the State Medical Education Board and the secretary of said Board?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Reso lution, was agreed to.

MONDAY, FEBRUARY 12, 1968

1291

On the adoption of the Resolution, the roll call was ordered and the vote -was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bo stick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Buck Games Chandler Cheeks Clarke Cole Colwell Conner Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dixon Dodson Dollar Dorminy Doster Douglas Edwards Egan Pallin Farrar Fleming Floyd

Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Knapp Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Longino Lovell Lowrey Malone Mason Matthews, D. R. Maul din

Maxwell McClatchey McCracken McDaniell Merritt Miller Mixon Moore, Don C. Moore, J. H. Mullinax Murphy Nash Nessmith Newton Nimmer Odom Oglesby Otwell Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Stalnaker Starnes Steis

1292
Sweat ThompsonA. W. Thompson, R. Threadgill Townsend Tucker Turner

JOURNAL OP THE HOUSE,
Underwood Vaughan, D. N. Walling Wamble Ward Ware Wells

Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Ballard Brown, C. Busbee Caldwell Gates Cato Collins, J. F. Collins, M. Cook Dickinson Dillon Farmer

Hadaway Hale Joiner Jordan, W. H. Laite Leonard Le vitas Magoon Matthews, C. Melton Moate Moreland

Northcutt Pafford Rainey Shields Snow Sullivan Tye Vaughn, C. R. Wigging Mr. Speaker

On the adoption of the Resolution, the ayes were 171, nays 0.

The Resolution, having received the requisite two-thirds constitutional major ity, was adopted.

HB 1240. By Mr. Brantley of the 63rd:
A Bill to be entitled an Act to amend an Act prohibiting strikes by State employees, so as to include municipalities, counties and other political subdivisions within the coverage of said Act; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 11.
The Bill, having received the requisite constitutional majority, was passed.
HB 957. By Messrs. Graves, Starnes and Lowrey of the 13th, Ross of the 31st and others: A Bill to be entitled an Act to amend Code Section 114-101, so as to pro-

MONDAY, FEBRUARY 12, 1968

1293

vide that all full-time employees of elected, salaried county officials are "Employees" within the meaning of this Act; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 109, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1087. By Messrs. McDaniell of the 101st, Snow of the 1st, Howard of the 101st, Cooper of the 103rd and Henderson of the 102nd: A Bill to be entitled an Act to authorize and empower the governing authority of municipalities to provide by Resolution, or other appropri ate measure, that any person who is a resident of the municipality and who is registered as an elector with the board of registrars shall be eligible to vote in a municipal primary or election; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 3.

The Bill, having received the requisite constitutional majority, was passed.
HB 970. By Mr. Clarke of the 45th: A Bill to be entitled an Act to amend an Act creating the Board of Trustees of the Joint Municipal Employees' Retirement System and pro viding for the establishment of a joint municipal retirement system; and for other purposes.

The following amendment was read and adopted:
Mr. Clarke of the 45th District moves to amend HB 970 as follows:
1. By amending the title of said bill by adding after the words "to provide for deferred retirement provisions;", the words "to provide for coverage for the employees of the Georgia Municipal Association:".

1294

JOURNAL OF THE HOUSE,

2. By changing its number of Section 6 to Section 7.

3. By adding a new section to be "Section 6" and to read as follows:

"Section 6. Said Act is further amended by adding a new sec tion to be known as 'Section 9a.' and to read as follows:

'Section 9a. The Board is hereby empowered to establish a re tirement plan, which may include death benefits and disability re tirement benefits, for the employees, as defined herein, of the Geor gia Municipal Association, and to implement such plan by contract with the Board of Directors of the Georgia Municipal Association in accordance with the rules and regulations promulgated by the Board for contracts with municipal corporations. Said plan shall be ap proved by a majority vote of all the members of the Board of Direc tors of the Georgia Municipal Association. The Georgia Municipal Association shall pay its respective portion of the administrative costs of the Board in administering the system.

Such plan may make reasonable classifications of employees and provide for the integration of such plan with social security benefits.

A Plan enacted pursuant to this Section of this Act may provide for money purchase benefit or for fixed benefit, and such plan may provide for optional settlement benefits which are determined by the Board to be actuarily equivalent to the primary retirement bene fit provided in the respective contract. Any contract between the Board of Directors of the Georgia Municipal Association which pro vides a fixed benefit plan shall contain a provision that such fixed benefits are to be provided, to the extent fixed in such plan, by the Georgia Municipal Association, and that the Board does not guaran tee the fixed amount. Such plan may provide for death benefits and disability retirement benefits in addition to retirement benefits.

Such plan may provide for the Georgia Municipal Association to pay the total contribution on behalf of its employees or to pro vide that a portion, not to exceed 50% of the contribution, be de ducted from the salaries of participating employees.

The Georgia Municipal Association shall not have a voting right as provided for municipal corporations under Section 5 of this Act.

(1) The definition of "Member Municipality" in Section 2(3), of this Act, shall be interpreted to include the Georgia Municipal Association, except with respect to Section 9.

(2) The definition of "Employee" in Section 2(5), of this Act, shall be interpreted to include any full-time salaried, or hourlyrated employee of the Georgia Municipal Association.

(3) The definition of "Participating Employee" in Section 2(6), of this Act, shall be interpreted to include an employee of

MONDAY, FEBRUARY 12, 1968

1295

the Georgia Municipal Association for whom contributions to the retirement system are being made under a contract.' "

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, as amended, the ayes were 111, nays 1.

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

HB 938. By Messrs. Murphy of the 26th and McClatchey of the 138th:
A Bill to be entitled an Act to amend Code Chapter 13-18, so as to pro vide that banks shall have the corporate power to do all and everything necessary and proper for the accomplishment of any and all objectives which the Superintendent of Banks may approve as incidental, related, or necessary to effectively provide full banking service and services incidental and related thereto; and for other purposes.

The following Commitee substitute was read and adopted:
A BILL
To be entitled an Act to amend Code Chapter 13-18, relating to powers of banks, so as to provide that banks shall have all such incidental powers as shall be necessary to carry on the business of banking, when approved by the Superintendent of Banks, provided, however, that such incidental powers shall include no more than the powers and activities permitted to national banking associations under the laws of the United States; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Code Chapter 13-18, relating to powers of banks, is hereby amended by adding at the end of Code Chapter 13-18 a new code section to be known as Section 13-1802, relating to incidental powers of banks, to read as follows:
"13-1802. Incidental powers of banks. A bank organized under this Title, in addition to the powers enumerated in Section 13-1801, shall have the corporate power to exercise by its board of directors or duly authorized officers or agents, subject to law, all such incidental powers as shall be necessary to carry on the business of banking when approved

1296

JOURNAL OF THE HOUSE,

by the Superintendent of Banks; provided, however, that such incidental powers shall not be greater than the powers and activities permitted to national banking associations under the laws of the United States."

SECTION 2

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

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, by substitute, the ayes were 111, nays 2.

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

Mr. Brown of the 135th arose to a point of personal privilege and addressed the House.

Mr. Paris of the 23rd arose to a point of personal privilege and addressed the House.

Under the general order of business established by the Committee on Rules, the following Bill of the House was again taken up for consideration:

HB 935. By Messrs. Murphy of the 26th and McClatchey of the 138th:
A Bill to be entitled an Act to amend Code Section 13-2023, so as to pro vide for the purchase of capital stock in subsidiary corporations organ ized for the purpose of exercising such incidental powers as may be necessary to carry on the business of banking; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend Code Section 13-2023, relating to purchase of stocks and investment securties by banks, as amended, so as to provide for the purchase of capital stock in subsidiary corporations organized for the purpose of exercising such incidental powers author ized under Code Section 13-1802 as may be necessary to carry on the business of banking; to repeal conflicting laws; and for other purposes.

MONDAY, FEBRUARY 12, 1968

1297

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1

Code Section 13-2023, relating to purchase of stocks and investment securities by banks, as amended, is hereby amended by adding after Sub section (g) a new Subsection to be known as Subsection (h) to read as follows:

"(h) Provided further that any bank may, subject to the prior approval of the Superintendent of Banks, purchase and own all of the capital stock of one or more subsidiary corporations organized for the purpose of exercising such incidental powers authorized under Code Section 13-1802 as may be necessary to carry on the business of banking."

SECTION 2

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

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, by substitute, the ayes were 111, nays 1.

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

Under the general order of business established by the Committee on Rules, the following Bill of the House, having been reported from the Committee without recommendation, was taken up for consideration and read the third time:
HB 920. By Mr. Rush of the 75th:
A Bill to be entitled an Act to amend an Act creating the office of Solici tor-General emeritus, so as to provide a minimum salary to be paid a Solicitor-General emeritus who is sixty-five (65) years of age or over; to repeal conflicting laws; and for other purposes.

The Speaker resolved the House into a Committee of the Whole, appointing Mr. Hale of the 1st Chairman thereof.

The Committee of the Whole arose and through its Chairman reported HB 920 back to the House with the recommendation that it Do Pass.

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JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Barber Barfield
Battle Bennett
Berry, C. E. Black Blalock Bostick Bowen
Brantley, H. L. Buck Caldwell Carnes Gates Clarke Collins Colwell Conner Dailey Dent Dickinson Dollar Douglas Edwards Fallin Farmer Gay Grahl

Graves Gunter Hale Hall Harrison Hill Holder Hutchinson Johnson, A. S. Joiner Jones, C. M. Kaylor Kirksey Laite Lambert Lane, W. J. Leggett Lowrey Magoon Mason Matthews, C. McClatchey Merritt Miller Mixon Moate Moore, J. H. Mullinax

Those voting in the negative were Messrs.

Adams Alexander Anderson Ballard Berry, J. K. Bond Branch Brantley, H. H. Bray Brown, B. D. Brown, C. Cato Chandler

Cole Collins, M. Cooper, B. Cooper, J. R. Daugherty Davis Dean DeLong Dillon Dixon Egan Fleming Gary

Murphy Nash Nessmith Oglesby Otwell Paris Parker, C. A. Parker, H. W. Parrish Poss Potts Roach Ross Rowland Rush Russell Savage Sims Starnes Steis Sullivan Thompson, R. Wamble Ward Wells Whaley
Gignilliat Hadaway Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Higginbotham Howard Jenkins Jones, M. Jordan, G. Knapp

MONDAY, FEBRUARY 12, 1968

1299

Lambros Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Lewis Longino Malone Mauldin Moore, Don C. Pafford

Palmer Pickard Ragland Reaves Richardson Sherman Simmons Smith, G. W. Smith, V. T. Sweat Thompson, A. W.

Threadgill Townsend Tucker Turner Vaughan, D. N. Vaughn, C. R. Westlake Williams Wilson, J. M. Wilson, R. W. Wood

Those not voting were Messrs.:

Busbee Cheeks Cook Cox Crowe, William Crowe, W. J. Dodson Dorminy Doster Parrar Floyd Funk Gaynor Grier Harris, R. W. Henderson Hood

Howell Johnson, B. Jordan, W. H. Land Levitas Lovell Matthews, D. R. Maxwell McCracken McDaniell Melton Moreland Newton Nimmer Northcutt Odom Peterson

Phillips Rainey Scarlett Shanahan Shields Shuman Smith, J. R. Smith, W. L. Snow Stalnaker Tye Underwood Walling Ware Wiggins Winkles Mr. Speaker

On the passage of the Bill, the ayes were 82, nays 72.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Rush of the 75th served notice that at the proper time he would ask the House to reconsider its action in failing to give the requisite constitutional major ity to HB 920.

Mr. Busbee of the 79th moved that the House do now adjourn until 9:30 o'clock, tomorrow morning, and the motion prevailed.

The Speaker announced the House adjourned until 9:30 o'clock, tomorrow morning.

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia

Tuesday, February 13, 1968

The House met pursuant to adjournment at 9:30 o'clock, A.M., this day and was called to order by the Speaker.

Prayer was offered by Dr. L. M. Terrill, Pastor, Zion Hill Baptist Church, Atlanta, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Mr. Black of the 56th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

The following report of the Committee on Rules was read and adopted: Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, February 13, 1968, and submits the following:

HB

557. Board of Examiners, plumbing contractors

HB

864. Radiation Control Council

TUESDAY, FEBRUARY 13, 1968

1301

HB

939. Banking law, common stock

HB

950. Peace Officers' Annuity Fund

HB

958. First Bail, matter of right

HB

977. Highway Department, weigh and measure

HB 1010. Firemens' Pension Fund

HB 1012. Legislative Retirement System, prior service

HB 1035. Ordinaries' Retirement, secretary

HB 1037. Retirement System, General Assembly

HB 1038. Burning of cross, public or private property

HB 1044. Appellate and Post Trial Procedure, judgments

HB 1061. Highway Department, grant permits to utilities

HB 1063. Georgia Interdepartmental Council on the Handicapped

HB 1080. Honorary drivers' license, change requirements

HB 1102. Officials and employees, mileage expense

HB 1103.

HB 1144.

HB 1152.

HB 1176.

HB 1177.

HB 1178.

HB 1217.

HB 1289.

HB 1296.

HR 382- 867.

HR 387- 884.

HR 414- 923.

HR 420- 932.

HR 561-1220.

SB

120.

SB

161.

Minimum Foundation Program, teacher allotment Simulated court process^ prohibit use to collect debt General Assembly bills, salaries Hospital Authority Law, revenue certificates Hospital Authority Law, general funds Political Party Conventions, rules Planning Commission, counties and municipalities Commerical production of alligators Income tax, corporations Impeachment, Mrs. Rebecca L. Garrett Western and Atlantic lease Create Committee, Urban & Municipal Affairs Power of Eminent Domain Joint Committee, study insecticides, etc. Driver intoxicated, change punishment Municipal primaries, election code

SR

146. Pertaining to Uniform Time

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted,
George D. Busbee Busbee of the 79th Vice-Chairman

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JOURNAL OF THE HOUSE,

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

HB 1376. By Mr. Land of the 53rd:
A Bill to be entitled an Act to incorporate the Town of Irwinton, and to grant a new charter to said town; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1377. By Messrs. Williams, Cooper and Wood of the 16th:
A Bill to be entitled an Act to amend an Act known as the "Lake Lanier Islands Development Authority", so as to define the words "Act" and "Islands"; to authorize the Lake Lanier Islands Development Authority to acquire and dispose of real and personal property; to authorize said Authority to charge and collect fares and rentals; and for other purposes.
Referred to the Committee on Natural Resources.

HB 1378. By Messrs. Brown of the 135th, Daugherty of the 134th and Bond of the 136th:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to change the provisions relat ing to exhaust systems, brakes and windshield wipers; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 1379. By Messrs. Vaughn and Harris of the 14th:
A Bill to be entitled an Act to amend an Act placing the compensation of the sheriff, the clerk of the superior court, and the ordinary of Bartow County on a salary basis instead of a fee basis, so as to provide the sheriff shall hire a day jailer, night jailer and a cook or cooks; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1380. By Mr. Jordan of the 82nd:
A Bill to be entitled an Act to amend an Act incorporating the City of Ambrose in Coffee County, so as to provide that the Treasurer of said City shall file a statement of all receipts and disbursements of the City of Ambrose with the clerk of superior court of Coffee County during January and July of each year; and for other purposes.
Referred to the Committee on Local Affairs.

TUESDAY, FEBRUARY 13, 1968

1303

HB 1381. By Mr. Jordan of the 82nd:
A Bill to be entitled an Act to amend an Act providing and estab lishing a new charter for the Town of Nichols, so as to provide that the Treasurer of said City shall file a statement of all receipts and disbursements of the City of Nichols with the clerk of the superior court of Coffee County during January and July of each year; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1382. By Mr. Jordan of the 82nd:
A Bill to be entitled an Act to amend an Act incorporating the City of Broxton in the County of Coffee, so as provide that the Treasurer of said city shall file a statement of all receipts and disbursements of the City of Broxton with the clerk of the superior court of Coffee County during January and July of each year; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1383. By Mr. Jordan of the 82nd:
A Bill to be entitled an Act to amend an Act creating the office of Commissioners of Roads and Revenues of the County of Coffee, so as to provide that the clerk of the Board of Commissioners of Roads and Revenues shall file a statement of all receipts and disbursements of Coffee County with the clerk of the superior court of said county during January and July of each year; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1384. By Mr. Dickinson of the 27th: A Bill to be entitled an Act to provide for the appointment of the County School Superintendent of Douglas County by the Board of Education; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1385. By Mr. Wamble of the 90th: A Bill to be entitled an Act to create a new Board of Education of Grady County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1386. By Mr. Otwell of the 10th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Gumming, so as to change the corporate limits of the City of Gumming; and for other purposes.
Referred to the Committee on Local Affairs.

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JOURNAL OF THE HOUSE,

HB 1387. By Messrs. Matthews and Fallin of the 94th:
A Bill to be entitled an Act to amend an Act placing the county offi cers of Colquitt County on an annual salary in lieu of a fee system of compensation, so as to change the compensation of the Ordinary of Colquitt County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1388. By Messrs. Odom, Hutchinson, Lee and Busbee of the 79th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Albany, so as to authorize the City Commissioners to excuse absences of commissioners from meetings under certain condi tions; to provide the employment of a city physician shall be discretion ary with the City Commission rather than mandatory; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1389. By Mr. Lovell of the 6th: A Bill to be entitled an Act to amend an Act incorporating the City of Cleveland, so as to change the corporate limits; to change the time for opening and closing of the polls; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1390. By Mr. Hargrett of the 77th: A Bill to be entitled an Act to amend an Act incorporating and creat ing a new charter for the City of Jesup, so as to provide for the elec tion of the Mayor by the qualified electors of said city; to reduce the number of commissioners from 6 to 5; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1391. By Mr. Hargrett of the 77th: A Bill to be entitled an Act to change the method of electing members of the Board of Education of Wayiie County; and for other purposes.
Referred to the Committee on Local Affairs.

TUESDAY, FEBRUARY 13, 1968

1305

HB 1392. By Mr. Hargrett of the 77th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Wayne County, so as to change the terms of office of the members of the Board from staggered terms to concurrent terms; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1393. By Mr. Higginbotham of the 119th:
A Bill to be entitled an Act to amend an Act creating the State De partment of Veterans' Service, so as to change the maximum permissible compensation which may be received by the Director of the Depart ment; and for other purposes.
Referred to the Committee on Defense and Veterans Affairs.

HB 1394. By Mr. Higginbotham of the 119th:
A Bill to be entitled an Act to amend an Act relating to the compensa tion of the Director of the Department of State Parks, so as to change the compensation of the Director; and for other purposes.
Referred to the Committee on Natural Resources.

HB 1395. By Messrs. Hill of the 121st, Dillon of the 128th, Games of the 129th, Cook of the 123rd, Adams of the 125th and others:
A Bill to be entitled an Act to provide that it shall be unlawful for any person, firm or corporation to operate or allow to be operated any truck, motor vehicle or other vehicle engaged in hauling or carrying any type of gravel, dirt or sand without having the same protected or enclosed in certain counties; and for other purposes.
Referred to the Committee on Highways.

HB 1396. By Messrs. Jones of the 76th, Dorminy of the 72nd, Nessmith of the 64th, Buck and Jones of the 112th, Gaynor of the 114th and others: A Bill to be entitled an Act to authorize the General Assembly to appropriate funds to the City of Atlanta to be used in improving the facilities of its municipal zoo; and for other purposes.
Referred to the Committee on Natural Resources.
HB 1397. By Mr. Higginbotham of the 119th: A Bill to be entitled an Act to amend an Act creating the Department of Revenue, so as to change the maximum permissible compensation of the Deputy State Revenue Commissioners; and for other purposes.
Referred to the Committee on State of Republic.

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JOURNAL OF THE HOUSE,

HB 1398. By Messrs. Harris and Scarlett of the 85th:
A Bill to be entitled an Act to amend an Act which increases the salary of the Judge of the Juvenile Court of Glynn County, so as to change the salary of the Judge of the Juvenile Court of Glynn County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1399. By Messrs. Joiner and Rowland of the 48th:
A Bill to be entitled an Act to create and establish the Washington County Airport Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1400. By Mr. Hargrett of the 77th:
A Bill to be entitled an Act to amend an Act providing additional terms for the Superior Court of Wayne County, so as to provide that a Judge of said Superior Court in his discretion may empanel a grand jury for either the January or June term or both; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1401. By Mr. Buck of the 112th:
A Bill to be entitled an Act to amend an Act known as the "Unemploy ment Compensation Law", so as to provide a base-period employer who has submitted a timely notice shall not have his account charged with benefits paid under certain conditions; and for other purposes.
Referred to the Committee on Industrial Relations.

HR 631-1401. By Mr. Brantley of the 63rd:
A Resolution proposing an amendment to the Constitution, so as to create the Evans County Industrial Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HR 632-1401. By Mr. Shuman of the 65th:
A Resolution proposing an amendment to the Constitution, so as to create the Effingham County Industrial Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HR 633-1401. By Messrs. Farmer and Matthews of the 29th:
A Resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to provide for the election by the peo-

TUESDAY, FEBRUARY 13, 1968

1307

pie of the members of the Clarke County Board of Education from election districts within said county; and for other purposes.
Referred to the Committee on Local Affairs.

*HB 1402. By Mr. Dollar of the 89th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Bainbridge, so as to change the number of aldermen; to change the method of electing aldermen; and for other purposes.
Referred to the Committee on Local Affairs.

*By unanimous consent, HB 1402 was read and referred February 12, 1968.
HB 1403. By Messrs. Lee, Gary and Northcutt of the 35th: A Bill to be entitled an Act to amend an Act creating a cjvil service system for employees of Clayton County, so as to change the pro visions relating to coverage of employees; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1404. By Messrs. Harris of the 118th and Harris of the 85th: A Bill to be entitled an Act to provide for the interpretation of pro visions of the Constitution and statutes basing elections and other actions on elections of members of the General Assembly; and for other purposes.
Referred to the Committee on Judiciary.
HB 1405. By Mr. Fleming of the 106th: A Bill to be entitled an Act to amend Code Section 49-701, so as to increase the amount which can be remitted to the ordinaries belonging to minors and insane persons who have no legal guardian; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 1406. By Messrs. Howard and McDaniell of the 101st, Wilson and Henderson of the 102nd, and Cooper of the 103rd: A Bill to be entitled an Act to amend an Act consolidating, revising and superseding the Charter of the City of Elizabeth, so as to change the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.

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JOURNAL OF THE HOUSE,

HR 658-1406. By Messrs. Smith of the 54th, Hale of the 1st, Busbee and Lee
of the 79th, Jones of the 76th, Lambert of the 38th and Floyd of the 7th: A Resolution proposing an amendment to the Constitution so as to provide for annual appropriations; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Appropriations.

HB 1407. By Messrs. Wilson of the 102nd, McDaniell and Howard of the 101st, Cooper of the 103rd, Carnes of the 129th, Dillon of the 128th, and others:
A Bill to be entitled an Act to amend an Act providing for the estab lishment of an Atlanta Region Metropolitan Planning District; so as to increase the membership; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1408. By Messrs. DeLong and Sherman of the 105th, Fleming and Maxwell o^ the 106th, Dent and Cheeks of the 104th:
A Bill to be entitled an Act to amend an Act changing from the fee to the salary system certain county officers of certain counties in this State, so as to provide for one additional deputy sheriff investigator (driver), one additional deputy sheriff investigator (rider), three addi tional deputy sheriff drivers, five additional deputy sheriff riders, and two additional deputy sheriff record bureau dispatchers; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1409. By Mr. Nimmer of the 84th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Clerk of the Superior Court, the Ordinary, and the Tax Com missioner of Brantley County, known as the fee system; to provide in lieu thereof annual salaries for such officers; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1410. By Mr. Nimmer of the 84th:
A Bill to be entitled an Act to provide for the election of members of the board of education of Pierce County; to provide the manner of elect ing members to the board; and for other purposes.
Referred to the Committee on Local Affairs.
HR 660-1410. By Messrs. Wilson and Henderson of the 102nd, Cooper of the 103rd, McDaniell and Howard of the 101st:
A Resolution proposing an amendment to the Constitution so as to prohibit the incorporation of any territory within the limits of Cobb

TUESDAY, FEBRUARY 13, 1968

1309

County by any municipality, the major portion of which is located outside the territorial limits of Cobb County, without the approval of the voters of Cobb County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1411. By Messrs. Lee, Gary and Northcutt of the 35th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Clayton County, so as to designate the Board of Commissioners of Roads and Revenues of Clayton County as the fiscal authority of the county; and for other pur poses.
Referred to the Committee on Local Affairs.

HB 1412. By Mr. Busbee of the 79th:
A Bill to be entitled an Act to provide the dates on which laws shall become effective; to provide the procedure connected therewith; to provide an effective date; and for other purposes.
Referred to the Committee on Judiciary.
HB 1413. By Mr. Busbee of the 79th:
A Bill to be entitled an Act to limit the amount of any tax assessment, levy, license fee or other fee which cities, counties, municipalities and other political subdivisions of this State may impose upon certain con tractors and sub-contractors performing contracts, work or services with or for the State or any of its agencies, boards, bureaus, commis sions, and authorities; and for other purposes.
Referred to the Committee on Ways and Means.
HB 1414. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to be entitled an Act to amend an Act entitled "An Act to place the tax commissioner of Houston County upon an annual salary in lieu of the fee system of compensation", so as to provide that the arbi tration committee which is impanelled to hear budget and salary disputes shall be composed of the senior judge of the superior court of Houston County or his delegate, the solicitor-general, senator and members of the House of Representatives from Houston County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1415. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Houston County upon an annual salary in lieu of the lee system of compensation, so as to provide that the arbitration

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JOURNAL OF THE HOUSE,

committee which is impanelled to hear budget and salary disputes shall be composed of the senior judge of the superior court of Houston County or a judge, the solicitor-general, senator and members of the House of Representatives from Houston County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1416. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Houston County upon an annual salary in lieu of the fee system of compensation, so as to provide that the arbitration committee which is impanelled to hear budget and salary disputes shall be composed of the senior judge of the superior court of Houston County or a judge designated by the senior judge, the solicitor-general, senator and mem bers of the House of Representatives from Houston County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1417. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to be entitled an Act to amend an Act placing the ordinary of Houston County on an annual salary in lieu of the fee system of com pensation, so as to provide that the arbitration committee which is impanelled to hear budget and salary disputes shall be composed of the senior judge of the superior court of Houston County or a judge designated by the senior judge, the solicitor-general, senator and mem bers of the House of Representatives from Houston County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1418. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to be entitled an Act to amend an Act creating the City Court of Warner Robins, so as to provide that the State Court of Houston County shall have jurisdiction of special statutory remedies; to pro vide that the Solicitor of said Court shall represent the State in all criminal prosecutions in said Court and all appeals therefrom; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1419. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to be entitled an Act to amend an Act incorporating the City of Centerville, so as to provide for continuing qualifications for mayor and council; and for other purposes.
Referred to the Committee on Local Affairs.

TUESDAY, FEBRUARY 13, 1968

1311

HB 1420. By Messrs. Dean of the 20th, Lowrey, Graves and Starnes of the 13th, and Sims of the 131st:
A Bill to be entitled an Act to amend an Act authorizing the governing authorities of municipalities and counties to establish planning com missions, so as to authorize municipalities and counties to create a planning department; and for other purposes.
Referred to the Committee on Local Affairs.

HR 661-1420. By Mr. Lee of the 79th:
A Resolution creating the "Georgia Study Commission on Law Enforce ment Officer Standards and Education"; to provide for membership; and for other purposes.
Referred to the Committee on Judiciary.

HB 1421. By Mr. Sims of the 131st:
A Bill to be entitled an Act to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to exempt from the provisions of said Act vehicles propelled by engines which produce 3.5 or less horsepower; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 1422. By Messrs. Lambert of the 38th, Lane of the 53rd, Chandler of the 47th, Hadaway of the 46th, Moate of the 39th and Harrington of the 47th:
A Bill to be entitled an Act to provide for an additional Judge of the Superior Court of the Ocmulgee Judicial Circuit; and for other pur poses.
Referred to the Committee on Judiciary.
HB 1423. By Messrs. Barber of the 24th, Stalnaker of the 59th, Wells of the 30th, Lewis of the 50th, Newton of the 50th, Lovell of the 6th and others:
A Bill to be entitled an Act to provide for tenure salary and compensa tion for those elective officers the election of which is provided for by Articles IV and V of the Georgia Constitution of 1945; and for other purposes.
Referred to the Committee on State of Republic.

HB 1424. By Messrs. Barber of the 24th and Smith of the 54th:
A Bill to be entitled an Act to provide for the establishment of a special training program within the State Department of Education; to pro-

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JOURNAL OF THE HOUSE,

vide for the administration of the program by the State Board of Education; to provide for an Advisory Committee; and for other pur poses.
Referred to the Committee on Education.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1359. By Messrs. Moore of the 12th and Barber of the 24th:
A Bill to be entitled an Act to amend an Act providing that teachers in the public schools of this State shall be entitled to sick leave with full pay, so as to provide that a teacher may use three (3) days of his or her sick leave for personal leave upon proper notice to the principal of the school; and for other purposes.

HB 1360. By Mr. Shanahan of the 8th:
A Bill to be entitled an Act to amend Code Chapter 56-24, so as to provide that the circumstances under which certain policies may be cancelled; to provide for advance notice of intention not to renew certain policies; to provide a means whereby the insured may be given reasons for the failure of the insurer to renew certain policies; and for other purposes.

HB 1361. By Mr. Cooper of the 16th:
A Bill to be entitled an Act to provide for the protection and safe guarding of the public health, safety, and welfare by controlling and regulating the dispensing, sale, distribution, supplying or fitting of mechanical, electronic or other hearing aid devices and instruments and providing for the regulation and control of firms and individuals concerned with sale, distributing, dispensing, supplying, or fitting same to the public; and for other purposes.
HB 1362. By Mr. Ross of the 31st:
A Bill to be entitled an Act to amend an Act placing the sheriff, ordi nary and clerk of the Superior Court of Wilkes County upon an annual salary, so as to change the compensation of the ordinary; and for other purposes.
HB 1363. By Mr. Buck of the 112th:
A Bill to be entitled an Act to amend an Act repealing Sections 83-101 through 83-106, inclusive, and Section 83-118 of the Code of Georgia of 1933, and providing a procedure for the condemnation of private ways by individual persons and corporations, so as to clarify the title of said Act; and for other purposes.

TUESDAY, FEBRUARY 13, 1968

1313

HB 1364. By Mr. Savage of the 58th:
A Bill to be entitled an Act to amend an Act providing that the Ordi nary of Macon County be placed on a salary in lieu of fees, so as to change the compensation of said Ordinary; and for other purposes.

HB 1365. By Mr. Ballard of the 37th:
A Bill to be entitled an Act to amend an Act placing the sheriff of the Superior Court of Newton County on a salary basis, so as to change the compensation of the sheriff; and for other purposes.

HB 1366. By Messrs. Harris, Farrar, Walling and Levitas of the 118th:
A Bill to be entitled an Act to create the City of Decatur Parking Authority; and for other purposes.

HB 1367. By Messrs. Williams of the 16th, Hood of the 124th, Lambros of the 130th, Hutchinson of the 79th, Games of the 129th and Anderson of the 71st: A Bill to be entitled an Act to amend an Act creating the Department of Public Safety and providing for the issuance, suspension, revocation and cancellation of driver's licenses, so as to provide that the Director of the Department of Public Safety shall formulate and prescribe the rules and regulations under which licenses to operate motor vehicles within this State shall be granted, suspended, revoked or cancelled; and for other purposes.
HR 626-1367. By Mr. Branch of the 74th:
A Resolution directing the State Librarian to convey reports of the Court of appeals and Supreme Court to the Appling County Superior Court Library; and for other purposes.
HR 627-1367. By Mr. Hadaway of the 46th: A Resolution proposing an amendment to the Constitution so as to create the Jasper County Industrial Development Authority; and for other purposes.
HB 1368. By Messrs. Wiggins and Threadgill of the 32nd: A Bill to be entitled an Act to amend an Act incorporating the Town of Whitesburg, so as to change the date for electing the mayor and council; and for other purposes.
HB 1369. By Mr. Nimmer of the 84th:
A Bill to be entitled an Act to amend an Act placing the sheriff of

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JOURNAL OF THE HOUSE,

Pierce County upon an annual salary, so as to change the compensa tion of the two full-time deputy sheriffs; and for other purposes.

HB 1370. By Mr. Nimmer of the 84th:
A Bill to be entitled an Act to amend an Act creating the office of commissioners of roads and revenues of the County of Brantley, so as to reduce the number of commissioners; and for other purposes.

HB 1371. By Mr. Nimmer of the 84th:
A Bill to be entitled an Act to abolish the office of Treasurer of Brantley County; to provide for the transfer of the duties of said office to the governing authority of Brantley County; and for other purposes.

HB 1372. By Mr. Nimmer of the 84th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues of Pierce County, so as to change the compensation of the chairman; and for other purposes.

HB 1373. By Mr. Nimmer of the 84th:
A Bill to be entitled an Act to create the Brantley County Development Authority; to provide for issuing revenue-anticipation certificates and for the validation of such certificates; and for other purposes.

HR 628-1373. By Mr. Nimmer of the 84th:
A Resolution proposing an amendment to the Constitution so as to create the Brantley County Development Authority; and for other pur poses.

HR 629-1373. By Messrs. Howard and McDaniell of the 101st, Wilson and Hen-
derson of the 102nd, and Cooper of the 103rd: A Resolution proposing an amendment to the Constitution so as to change the composition of Education District No. 2 in Cobb County; and for other purposes.
HB 1374. By Messrs. Paris of the 23rd, Murphy of the 26th, Lane of the 64th and Caldwell of the 51st:
A Bill to be entitled an Act to amend an Act known as the "Georgia Building Authority (Penal) Act", so as to provide for a maximum bond limitation not to exceed eighteen million ($18,000,000.00) dollars; and for other purposes.

TUESDAY, FEBRUARY 13, 1968

1315

HB 1375. By Mr. Barber of the 24th:
A Bill to be entitled an Act to provide that no person shall enter into any contract or make any purchase which involves the aggregate sum of one hundred ($100.00) dollars or more for or on the behalf of stu dents of any school or institution supported in whole or in part from public funds unless such person complies with the rules and regula tions prescribed by the supervisor of purchases for making purchases for State agencies; and for other purposes.

HB 1402. By Mr. Dollar of the 89th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Bainbridge, so as to change the number of aldermen; to change the method of electing aldermen; and for other purposes.

SB 213. By Senator Miller of the 43rd:
A Bill to be entitled an Act to prohibit business activities on Sunday; to provide for exceptions; to provide for penalties; to limit the time within which an arrest for or a warrant charging violations of this Act shall be made or issued; and for other purposes.

SB 219. By Senator Smalley of the 28th:
A Bill to be entitled an Act to clarify practice and procedure in divorce actions; and for other purposes.

SB 250. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend Code Section 24-2823, relating to the enumeration of fees for sheriffs, so as to change fees provided for in civil and criminal cases; and for other purposes.

SB 308. By Senators Sells of the 37th, Ward of the 30th, Smith of the 34th, and others:
A Bill to be entitled an Act to amend the Act creating a Joint CityCounty Board of Tax Assessors in all counties having within its borders all or the greater part of the population of 300,000 or more, so as to abolish the position of Office Manager of the Joint City-County Board of Tax Assessors; and for other purposes.

SB 309. By Senators Maclntyre of the 40th, Smith of the 34th, Sells of the 37th and others:
A Bill to be entitled an Act to provide that the planning departments of certain counties shall furnish the tax assessing officials of any zoning changes; and for other purposes.

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SB 313. By Senators Ward of the 39th, Maclntyre of the 40th, Smith of the 34th and others:
A Bill to be entitled an Act to amend an Act to grant to the incor porated municipalities of this state having a population of more than 300,000 certain basic powers; and for other purposes.

SB 315. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend Code Section 84-1404, so as to provide for staggered terms of office for members of the Georgia Real Estate Commission; and for other purposes.

SB 319. By Senators Johnson of the 38th, Sells of the 37th, Ward of the 39th and others:
A Bill to be entitled an Act to amend Code Section 61-306 of the Code of Georgia as heretofore amended, so as to provide that in all counties of the State having a population of 500,000 or more, the notice required by this Section shall be 6 days before the execution of the warrant; and for other purposes.
SB 323. By Senator Kidd of the 25th:
A Bill to be entitled an Act to create a Board of Polygraph Examiners; to provide a title; and for other purposes.
SB 328. By Senators Johnson of the 42nd, Conway of the 41st and Miller of the 43rd:
A Bill to be entitled an Act to amend an Act establishing the DeKalb County Planning Commission and empowering it, inter alia, to adopt a "mapped streets plan", so as to include within the definition of "streets" right-of-way and facilities of or needed in connection with a system of public transportation of passengers for hire; and for other purposes.
SB 330. By Senators Padgett of the 23rd and Holley of the 22nd:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide for the appointment of and the salary for an Executive Secretary and Calendar Clerk to the Judge or Judges presiding in civil matters, as distinguished from domestic relations and criminal matters; and for other purposes.

SB 332. By Senator Webb of the llth:
A Bill to be entitled an Act to amend Code Section 31-110, so as to provide that a widow shall be barred from dower if she fails to apply for dower within 12 months of the death of her husband; and for other purposes.

TUESDAY, FEBRUARY 13, 1968

1317

SB 334. By Senator Kilpatrick of the 44th:
A Bill to be entitled an Act to provide a supplement to the compensa tion of the chief judge of the Superior Court of the Clayton Judicial Circuit; and for other purposes.

SB 343. By Senator Pennington of the 45th: A Bill to be entitled an Act to guarantee the right of free enterprise and to protect the same from State competition; to provide that no State department, agency or commission shall operate a nursery project for production of ornamental shrubbery for the purpose of sale to the public; and for other purposes.
SB 155. By Senators Conway of the 41st and Johnson of the 42nd: A Bill to be entitled an Act to establish a Local Government Study Commission in DeKalb County; and for other purposes.
SB 311. By Senators Ward of the 39th, Smith of the 34th, Sells of the 37th, and others: A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta, relating to the authority of the Mayor and the Board of Aldermen; and for other purposes.

SB 320. By Senators Lee of the 47th, Smalley of the 28th, McKenzie of the 17th, and Maclntyre of the 40th:
A Bill to be entitled an Act to amend Code Section 56-407A, so as to provide that the uninsured motor vehicle endorsement may contain provisions excluding the insured from liability for injury or destruc tion to property of the insured for which he has been compensated by other property or physical damage insurance; and for other pur poses.

SB 338. By Senator Fincher of the 51st:
A Bill to be entitled an Act to amend an Act entitled the "Georgia Health Code", as it pertains to "Tourist Courts"; and for other pur poses.

SB 340. By Senator Kennedy of the 4th:
A Bill to be entitled an Act to amend an Act abolishing the present mode of compensation the Sheriff of Evans County, known as the fee system, and providing in lieu thereof an annual salary, so as to change the compensation of the deputy sheriff; and for other purposes.

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SB 341. By Senator Kennedy of the 4th:
A Bill to be entitled an Act to amend an Act fixing the compensation of the Clerk of the Superior Court of Evans County, so as to change the salary of the Clerk of the Superior Court of Evans County; and for other purposes.

SB 342. By Senator Kennedy of the 4th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Evans, so as to change the compensation of the Chairman and members of said Board; and for other purposes.

SB 347. By Senators Conway of the 41st and Johnson of the 42nd:
A Bill to be entitled an Act to provide for an advisory referendum election to be held in DeKalb County for the purpose of ascertaining whether the county-manager form of government is desired by the people of such county; and for other purposes.

Mr. Matthews of the 94th, Chairman of the Committee on Agriculture, submitted the following report:

Mr. Speaker:

Your Committee on Agriculture has had under consideration the following Bills and Resolution of the House and Senate and has instructed me as Chair man, to report the same back to the House with the following recommendations:

HB 1354. Do Pass.

HB 1332. Do Pass.

HB 1333. Do Pass.

HB 1335. Do Pass as Amended.

HB 1337. Do Pass as Amended.

HB 1336. Do Pass as Amended.

HB 1338. Do Pass as Amended.

HB 1339. Do Pass as Amended.

HB 1348. Do Pass as Amended.

HB 1334. Do Pass.

HB 1225. Do Pass as Amended.

SB

232. Do Pass.

HR 620-1348. Do Pass.

Respectfully submitted, Matthews of the 94th, Chairman.

TUESDAY, FEBRUARY 13, 1968

1319

Mr. Ware of the 42nd, Chairman of the Committee on Defense & Veterans Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Defense & Veterans Affairs has had under considera tion the following Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:

HR 654. Do Pass.

Respectfully submitted, Ware of the 42nd, Chairman.

Mr. Barber of the 24th, Chairman of the Committee on Education, sub mitted the following report:

Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 1359. HB 1375.

Do Pass as Amended. Do Pass.

Respectfully submitted, Barber of the 24th, Chairman.

Mr. Clarke of the 45th, Chairman of the Committee on Local Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Local Affairs has had under consideration the following Bills and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB

250. Do Pass.

HB 1238. Do Pass.

HB 1362. Do Pass.

HB 1364. Do Pass.

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HB 1365. Do Pass. HB 1366. Do Pass. HR 629-1373. Do Pass.

Respectfully submitted, Clarke of the 45th, Chairman.

Mr. Dorminy of the 72nd, Chairman of the Committee of Natural Resources, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 1277. Do Pass.
Respectfully submitted, Dorminy of the 72nd, Chairman.

Mr. Steis of the 100th, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the fol lowing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1263. Do Not Pass. HB 1341. Do Pass. HB 1165. Do Pass by Substitute. HB 1340. Do Pass by Substitute.
Respectfully submitted, Steis of the 100th, Chairman.

Mr. McCracken of the 49th, Chairman of the Committee on State of Re public, submitted the following report:

TUESDAY, FEBRUARY 13, 1968

1321

Mr. Speaker:

Your Committee on State of Republic has had under consideration the fol lowing Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 1206. Do Pass. SB 218. Do Pass.

Respectfully submitted, McCracken of the 49th, Chairman.

Mr. Melton of the 34th, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the fol lowing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 514. Do Pass. HB 854. Do Pass by Substitute. HB 1197. Do Pass. HB 1185. Do Pass. HB 1315. Do Pass by Substitute. HB 1342. Do Pass.
Respectfully submitted, Melton of the 34th, Chairman.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has adopted, as amended, by the requisite constitutional ma jority the following Resolutions of the House, to-wit:

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HR 489-1060. By Messrs. McCracken of the 49th, Mixon of the 81st, Wiggins of the 32nd, and others:
A Resolution proposing an amendment to the Constitution, so as to pro vide that the Lieutenant Governor-Elect shall succeed to the Governor ship in the event of the death of the Governor-Elect; and for other purposes.

HR 501-1090. By Messrs. Wilson and Henderson of the 102nd, McDaniell and Howard of the 101st and Cooper of the 103rd:
A Resolution proposing an amendment to the Constitution so as to provide that residents of the City of Marietta who are 62 years of age or over, or who are totally disabled, and who have an income from all sources not exceeding $5,000 per annum shall be granted a homestead exemption of $2,000; and for other purposes.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House, to-wit:

HB 839. By Messrs. Williams and Wood of the 16th, Johnson of the 40th, Anderson of the 71st and others:
A Bill to amend Code Section 68-214, relating to motor vehicle license plates and their description, so as to require that the faces of license plates shall be treated with a reflective material in order to reduce road accidents and improve the visibility and legibility of license plates after dark; and for other purposes.

HB 1052. By Messrs. McCracken of the 49th, Mixon of the 81st, Wiggins of the 32nd, and others:
A Bill to amend Code Chapter 34-13, relating to the conduct of primaries and elections, so as to prescribe additional methods whereby electors may cast their vote; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House, to-wit:

HB 870. By Mr. Melton of the 34th:
A Bill to amend Section 9-103, relating to the qualifications of appli cants for admission to the practice of law, so as to provide certain exceptions and exemptions from the educational requirements prescribed for admission to the practice of law; and for other purposes.
HB 996. By Mr. Snow of the 1st:
A Bill to amend an Act providing for publication or distribution of a statement of financial condition of each incorporated municipality, so as to provide for publication of the statement of financial condition

TUESDAY, FEBRUARY 13, 1968

1323

six months after the close of the fiscal year of each incorporated municipality; and for other purposes.

SB 314. By Senator London of the 50th: A Bill to amend an Act known as the "Georgia Retailers' and Con
sumers' Sales and Use Tax Act", so as to exempt shavings and sawdust from wood when used directly in tilling the soil or animal husbandry from the tax imposed by said Act; and for other purposes.

The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the Senate and House, to-wit:

HR 531-1156. By Messrs. Sherman and DeLong of the 105th, Maxwell and Flem ing of the 106th, Dent and Cheeks of the 104th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to empower the governing authority of Richmond County to adopt ordinances for the policing and governing of said county; and for other purposes.

HR 544-1191. By Messrs. Pickard, Jones and Buck of the 112th, Berry and Thompson of the 110th, and others:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local Act for the creation of a charter commission to study all matters relating to the consolida tion of the government of the City of Columbus and the County of Muscogee; and for other purposes.

SR 179. By Senators Johnson of the 38th, Maclntyre of the 40th, Smith of the 34th and others:
A Resolution proposing an amendment to the Constitution so as to authorize the City of Atlanta to incur debt to the extent of fourteen per centum (14%) of the assessed value of all the taxable property therein; and for other purposes.

SR 194. By Senator Noble of the 19th:
A Resolution proposing an amendment to the Constitution so as to create the Cochran-Bleckley School System by merging the independent school system of the City of Cochran and the county school system of Bleckley County; and for other purposes.

By unanimous consent, the following Bill and Resolutions of the Senate were read the first time and referred to the committees:

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JOURNAL OP THE HOUSE,

SB 314. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt shavings and saw dust from wood when used directly in tilling the soil or animal or poultry husbandry from the tax imposed by said Act; and for other purposes.
Referred to the Committee on Ways and Means.

SR 179. By Senators Johnson of the 38th, Maclntyre of the 40th, Smith of the 34th and others:
A Resolution proposing an amendment to the Constitution so as to authorize the City of Atlanta to incur debt to the extent of fourteen per centum of the assessed value of all the taxable property therein; and for other purposes.
Referred to the Committee on Local Affairs.

SR 194. By Senator Noble of the 19th: A Resolution proposing an amendment to the Constitution so as to create the Cochran-Bleckley School System by merging the independent school system of the City of Cochran and the county school system of Bleckley County; and for other purposes.
Referred to the Committee on Local Affairs.
By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 250. By Messrs. Westlake, Higginbotham and Davis of the 119th, Smith of the 117th and others: A Bill to be entitled an Act to provide for a bond accountability pro cedure for certain counties; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1343. By Mr. Jordan of the 82nd: A Bill to be entitled an Act to amend an Act creating the charter for the City of Douglas so as to provide for the election of the members of the Board of Commissioners by a majority vote; and for other purposes.

TUESDAY, FEBRUARY 13, 1968

1325

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1345. By Mr. Jones of the 76th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the clerk of the superior court, sheriff and tax com missioner of Mclntosh County so as to change the amount of the ex pense allowance received by the sheriff; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1350. By Messrs. Howard and McDaniell of the 101st, Cooper of the 103rd, Wilson and Henderson of the 102nd:
A Bill to be entitled an Act to create a law library for the use of the judges, solicitors, ordinaries and other officers of Cobb County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 1351. By Messrs. Howard and McDaniell of the 101st, Cooper of the 103rd, Wilson and Henderson of the 102nd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Smyrna, so as to amend said Charter as amended in

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JOURNAL OF THE HOUSE,

order to add a new section to said Charter to be known as Section 4 (p) so as to increase the corporate limits of the City of Smyrna; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1356. By Messrs. Fleming and Maxwell of the 106th, Cheeks and Dent of the 104th and Sherman and DeLong of the 105th:
A Bill to be entitled an Act to amend the charter of the City of Augusta, incorporated as the City Council of Augusta, so as to provide that the pension funds held by the custodian thereof may be invested in such investments as domestic life insurance companies are permitted to make under the laws of Georgia; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1358. By Messrs. Matthews and Farmer of the 29th:
A Bill to be entitled an Act to authorize certain counties in this State to establish and maintain a law library for the use of the judges, solicitors, ordinaries and other officers of the courts of said counties; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0. The Bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 13, 1968

1327

HR 295-835. By Mrs. Hamilton of the 137th:

A RESOLUTION
Proposing an amendment to Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia so as to authorize any county, municipal corporation or political subdivision of the State to issue and sell revenue bonds, and to refund any such bonds; to provide funds for the purpose of carrying out slum clearance and redevelop ment work, and to pledge certain taxes for that purpose; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section VII, Paragraph V of the Constitution is hereby amended by adding at the end thereof the following:
"Any county, municipal corporation or political subdivision of the State of Georgia is hereby authorized to issue and to sell reve nue bonds subject to and in accordance with the terms and pro visions of the Act of the General Assembly of the State of Geor gia approved March 31, 1937, known as the Revenue Bond Law of 1937, as amended, and as the same may hereafter be amended, and to refund any such bonds, to provide funds for the purpose of carrying out slum clearance and redevelopment work, including the acquisition and clearance of areas which are predominantly slum or blighted areas, the preparation of such areas for re-use, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses. As security for the payment of the principal of and the interest on any such bonds and to create reasonable reserves in connection therewith, as well as to establish a fund for future work, the issuer may pledge all or any part of the taxes received (except such taxes which by law are required to be used only for specific purposes) by such body from any real property involved in any slum clearance or redevelop ment work, including work heretofore or hereafter done, together with any or all other revenues from any such project and to the extent that such taxes and revenues so pledged are insufficient to pay the principal of and the interest on such revenue bonds and to create reasonable reserves in connection therewith, as well as to establish a fund for future work, such issuing body may pledge the full faith and credit of such issuer to make up any deficit which may exist. The issuance of any such bonds and the pledge of the full faith and credit of the issuer shall be an authorized indebted ness but no vote of the people shall be required prior to incurring the same nor shall such bonds or such pledge be considered as an indebtedness in determining the limitation on indebtedness imposed by the provisions of Article VII, Section VII, Paragraph I of the Constitution, as now or hereafter amended. Any county, municipal

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corporation or any political subdivision other than the issuer bene fiting from such slum clearance or redevelopment work may con tract with the issuer of any such revenue bonds and agree to pay to such issuer all or any part of the taxes received (except such taxes which by law are required to be used only for specific pur poses) by such body from any real property involved in any slum clearance or redevelopment work, including work heretofore or hereafter done, so that the same may be pledged to the payment of the principal of and interest on such bonds and to create reason able reserves in connection therewith, as well as to establish a fund
for future work."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to authorize the City of Atlanta to issue and sell revenue bonds,
NO ( ) and to refund any such bonds, to provide funds for the purpose of carrying out slum clearance and re development work, and to pledge certain taxes for that purpose?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The following Committee substitute was read and adopted:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the City of Atlanta to issue and sell revenue bonds, and to refund any such bonds, to provide funds for the purpose of carrying out slum clearance and redevelopment work, and to pledge certain taxes for that pur pose; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

TUESDAY, FEBRUARY 13, 1968

1329

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Article VII, Section VII, Paragraph V of the Constitu tion is hereby amended by adding at the end thereof the following:

"The City of Atlanta is hereby authorized to issue and to sell revenue bonds subject to and in accordance with the terms and pro visions of the Act of the General Assembly of the State of Georgia approved March 31, 1937, known as the Rsvenue Bond Law of 1937, as amended, and as the same may hereafter be amended, and to refund any such bonds, to provide funds for the purpose of carry ing out slum clearance and redevelopment work, including the ac quisition and clearance of areas which are predominantly slum or blighted areas, the preparation of such areas for re-use, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses. As security for the payment of the principal of and the interest on any such bonds and to create reasonable reserves in connection therewith, as well as to establish a fund for future work, the issuer may pledge all or any part of the taxes received (except such taxes which by law are required to be used only for specific purposes) by such body from any real property involved in any slum clearance or redevelopment work, including work heretofore or hereafter done, together with any or all other revenues from any such project and to the extent that such taxes and revenues so pledged are insufficient to pay the principal of and the interest on such revenue bonds and to create reasonable reserves in connection therewith, as well as to establish a fund for future work, such issuing body may pledge the full faith and credit of such issuer to make up any deficit which may exist. The issuance of any such bonds and the pledge of the full faith and credit of the issuer shall be an authorized indebted ness but no vote of the people shall be required prior to incurring the same nor shall such bonds or such pledge be considered as an indebtedness in determining the limitation on indebtedness imposed by the provisions of Article VII, Section VII, Paragraph I of the Constitution, as now or hereafter amended. Any county, municipal corporation or any political subdivision other than the issuer bene fiting from such slum clearance or redevelopment work may con tract with the issuer of any such revenue bonds and agree to pay to such issuer all or any part of the taxes received (except such taxes which by law are required to be used only for specific pur poses) by such body from any real property involved in any slum clearance or redevelopment work, including work heretofore or here after done, so that the same may be pledged to the payment of the principal of and interest on such bonds and to create reason able reserves in connection therewith, as well as to establish a fund for future work."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945. as amended.

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

"YES ( ) Shall the Constitution be amended so as to authorize the City of Atlanta to issue and sell revenue bonds,
NO ( ) and to refund any such bonds, to provide funds for the purpose of carrying out slum clearance and redeve lopment work, and to pledge certain taxes for that purpose?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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 by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch
Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell

Carnes Gates Cato Chandler Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J.
Dailey Daugherty Dean Dent Dickinson Dillon Dixon Dodson

Dollar Dorminy Doster Douglas Egan Pallin Farmer Farrar Floyd Funk Gary Gay Gaynor Gignilliat Graves
Gunter Hall Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison

TUESDAY, FEBRUARY 13, 1968

1331

Henderson Higginbotham Hill Holder Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Knapp Laite Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Le vitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell

Melton Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Russell

Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Turner Underwood Vaughan, D. N. Vaughn, C. R. Walling Ward Ware Wells Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs. :

Barfield Cheeks Cook Davis DeLong Edwards Fleming Grahl

Grier Hadaway Hale Hamilton Hood Jordan, W. H. Kirksey Lambert

Lambros Maxwell Sullivan Tye Wamble Wiggins Mr. Speaker

On the adoption of the Resolution by substitute, the ayes were 182, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, by substitute.

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HE 619-1345. By Mr. Harrison of the 98th:

A RESOLUTION

Proposing an amendment to the Constitution so as to create the Woodbine Development Authority; to provide for powers, authority, funds, purposes and procedures connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

"A. There is hereby created a body corporate and politic to be known as the 'Woodbine Development Authority', hereinafter re ferred to as the 'Authority', which shall be an instrumentality of the State of Georgia and a public corporation.
"B. The Authority shall be composed of seven (7) members and the first members of the Authority shall be as follows:

Member No. 1) Member No. 2) Member No. 3) Member No. 4) Member No. 5) Member No. 6) Member No. 7)

John C. Newton B. A. Gowen James Clare Proctor Ed Stone Charles M. Keene James J. Bruce, and Benjamin R. Martin, Jr.

Said members shall hold office for a primary term, until December 31, 1972, and thereafter until their successors shall have been appointed and shall have qualified; thereupon and thereafter their terms shall expire as follows:
Members No. seven (7) and six (6) on December 31, 1972;
Members No. five (5) and four (4) on December 31, 1973;
Members No. three (3) and two (2) on December 31, 1974, and;
Member No. one (1) on December 31, 1975.

Their successors shall be appointed for terms of one year each, to expire on the 31st day of December of the effective year of their ap pointment. The City Council shall, by a majority vote, the mayor voting

TUESDAY, FEBRUARY 13, 1968

1333

only in case of a tie, appoint said successors at the first regular meeting of each year following the expiration of their respective terms. Nothing contained herein shall be construed so as to prevent any member from succeeding himself, if reappointed. A majority of the members shall con stitute a quorum and may act for the Authority in any matter which may come before the Authority. No vacancy shall impair the power of the Authority to act.

"C. The members of the Authority shall elect one of their members as chairman and another as vice-chairman, and shall also elect a secretary and treasurer or a secretary-treasurer. The mem bers shall receive no compensation for their services. The Author ity shall make bylaws and regulations for its government and may delegate to one or more of its members or its officers, agents, and employees such powers and duties as may be deemed necessary and proper. The Authority shall have perpetual existence as here inafter provided.

"D. The property obligations and the interest obligations of the Authority shall have the same immunity from taxation as the property obligations and interest on the obligations of the City of Woodbine. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority. The exemptions from taxation herein provided shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the
Authority.

"E. As used herein, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context:

(1) The word 'Authority' shall mean the 'Woodbine Develop ment Authority', created hereby.

(2) The word 'project' shall be deemed to mean and include property, real or personal, acquired or held by the Authority for the assistance, promotion, establishment or development of a new in dustry or industries, or the assistance, promotion or expansion of existing industry, trade or commerce, or any combination thereof; the acquisition of any such property for any such purpose or pur poses; the improvement of any such property or properties; or the construction, installation or expansion of one or more building, plants, or articles of equipment for the purpose of using, selling, donating, leasing or renting such land, properties, improvements, structures or equipment to public or private persons, firms, cor porations or associations for such purposes.

(3) The term 'cost of project' shall embrace: The cost of lands, buildings, improvements, machinery, equipment, properties, easements, rights, franchises, materials, labor and services acquired or contracted for; the cost of financing charges or interest prior to and during construction; architectural, accounting, engineering, in spection, fiscal or legal expenses; cost of plans or specifications; or any other expenses necessary or incident to construction or im-

1334

JOURNAL OF THE HOUSE,

provements, or to determining the feasibility or practicability of the project, administrative expenses, or the acquisition, construction, equipping or operating of any project or any part thereof.

"F. The Authority shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this amendment, including but without limiting the generality of the foregoing, the power:

(1) to sue and be sued;

(2) to adopt and amend a corporate seal;

(3) to make and execute contracts and other instruments nec essary to exercise the powers of the Authority, any of which con tracts may be made with the State of Georgia, any instrumentality thereof, any county or any municipality thereof, and any other, political subdivision and with private persons, firms, corporations and associations;

(4) to receive and administer gifts, grants, and devises of any property and to administer trusts;

(5) to acquire by purchase, gift or construction of any real or personal property desired to be acquired as part of any project or for the purpose of improving, extending, adding to, reconstruct ing, renovating or remodeling any project or part thereof already acquired, or for the purpose of demolition to make room for such project or any part thereof;

(6) to sell, lease, exchange, transfer, assign, pledge, mortgage or dispose of, or grant options for any such purposes, any real or personal property or interest therein;

(7) to mortgage, pledge, or assign any revenues, income, tolls, charges or fees received by the Authority;

(8) to issue bonds for the purposes of providing funds for carrying out the purpose of the Authority;

(9) to appoint officers and retain agents, engineers, attorneys, fiscal agents, accountants and employees and to provide their com pensation and duties;

(10) to construct, acquire, own, repair, remodel, maintain, ex tend, improve, and equip projects located on land owned or leased by the Authority, and to pay all or part of the cost of any such proj ect from the proceeds of revenue anticipation bonds of the Author ity or from any contribution or loans by persons, firms or corpora tions, or any other contribution, all of which the Authority is here by authorized to receive and accept and use;

TUESDAY, FEBRUARY 13, 1968

1335

(11) to issue revenue-anticipation bonds for the purpose of paying all or any part of the cost of any project, including the cost of extending, adding to, or improving such project, or for the pur pose of refunding any such bonds of the Authority theretofore is sued. Such revenue-anticipation bonds shall be issued and validated under and in accordance with the applicable provisions of the Act of the General Assembly of 1937 (Ga. Laws 1937, pp. 761-774), as amended, providing for the issuance of revenue-anticipation bonds. As security for the payment of any revenue-anticipation bonds so authorized, any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated, or other wise encumbered and the Authority may execute any trust agree ment or indenture containing any provisions not in conflict with law for the security of such bonds, which trust agreement or inden ture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of prin cipal or interest or upon default in the performance of any term or condition contained in such agreement of indenture. The State of Georgia in behalf of the State and the City of Woodbine hereby waives any right the State or the City of Woodbine may have to prevent the forced sale or foreclosure of any property of the Au thority so mortgaged or encumbered and any such mortgage or encumbrance may be foreclosed in accordance with law and the terms hereof. For purposes of the aforesaid judicial validation, the Authority shall be regarded as being located in Camden County, and the Superior Court of Camden County shall have jurisdiction and the requisite notices shall be published in Camden County. If no exception is filed to the decree validating such bonds within twenty days from the date upon which such decree is entered, such decree shall be final and no appeal may be taken therefrom;

(12) to do all things necessary or convenient to carry out the powers expressly conferred by this amendment.
"G. The governing authority of the City of Woodbine is here by authorized to levy an annual ad valorem tax on all taxable prop erty located within the corporate limits of said city not to exceed one mill and to transfer the funds produced by such levy to the Woodbine Development Authority to be used by said Authority for industrial development purposes in general.
"H. The Authority shall have the same immunity and exemp tion from liability for torts and negligence as the State of Georgia and the officers, agents, and employees of the Authority when in the performance of the work of the Authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of the State of Georgia when in the performance of their public duties of work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority.

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"I. The property of the Authority shall not be subject to levy and sale under legal process except such property, income, or funds as may be pledged, assigned, mortgaged, or conveyed to secure an obligation of the Authority, and any such property, funds or in come may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation.

"J. This amendment is adopted for the purpose of promoting and expanding the public good and welfare and industry and trade within the territorial limits of the City of Woodbine and reduce unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liber ally construed for the accomplishment of these purposes.

"K. The General Assembly may by law further define and prescribe the powers and duties of the Authority and exercise there of, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Au thority shall be an instrumentality of the State of Georgia, and the scope of its operations shall be limited to the territory embraced within the corporate limits of the City of Woodbine.

"L. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of the State of Georgia, or the City of Woodbine.

"M. Should said Authority for any reason be dissolved, title to all property of any kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to the City of Woodbine subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time.

"N. This amendment shall be self-executing and effective im mediately upon proclamation of its ratification by the Governor."

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to create the NO ( ) 'Woodbine Development Authority?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati-

TUESDAY, FEBRUARY 13, 1968

1337

fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The following amendment was read and adopted:
Mr. Harrison of the 98th moves to amend HR 619-1345 as follows: By striking from quoted paragraph K of Section 1 the following:
", and the scope of its operations shall be limited to the ter ritory embraced within the corporate limits of the City of Wood bine"
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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C.

Buck Busbee Caldwell Carnes Gates Cato Chandler Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty

Dean Dent Dickinson Dillon Dixon Dodson Dollar Dorminy Doster Douglas Eg-an Fallin Farmer Farrar Floyd Funk Gary Gay Gaynor Gignilliat

1338

JOURNAL OP THE HOUSE,

Graves Gunter Hall Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Knapp Laite Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Longino Lovell Lowrey Magoon Malone Mason

Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland Rainey Reaves Richardson Roach Ross

Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, J. R Smith, V. T. Smith, W. L. Snow Stain aker Starnes Steis Sweat Thompson, A. W. Thompson, R. Threadgill Town send Tucker Turner Underwood Vaughan, D. N. Vaughn, C. R. Walling Ward Ware Wells Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Barfield Cheeks Cook Da vis DeLong Edwards Fleming Grahl

Grier Hadaway Hale Hamilton Hood Jordan, W. H. Kirksey Lambert

Lambros Maxwell Sullivan Tye Wamble Wiggins Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 182, nays 0.

TUESDAY, FEBRUARY 13, 1968

1339

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.

HR 622-1352. By Mr. Edwards of the 57th:

A RESOLUTION
Proposing an amendment to the Constitution so as to create the Taylor County Industrial Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article V, Section IX of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in Taylor County, to be known as the Taylor County Industrial De velopment Authority, which shall he an instrumentality of Taylor County and a public corporation and which in this amendment is hereafter referred to as the 'Authority'.
"B. The Authority shall consist of five members who shall he appointed by the Board of Commissioners of Roads and Revenues of Taylor County and they shall serve for a term of five years. Vacancies shall be filled for the unexpired term by the said Board of County Commissioners. A majority of the members shall consti tute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act.
"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Taylor County. The exemptions from taxation herein provided shall not include exemptions from sale and use taxes on property pur chased by the Authority or for use by the Authority.
"D. The powers of the Authority shall include, but not be limited to, the power:
(1) To receive and administer gifts, grants and donations and to administer trusts;
(2) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;

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(3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;

(4) To have and exercise usual powers of private corpora tion except such as are inconsistent with this amendment, in cluding- the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Au thority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;

(5) To encourage and promote the expansion and de velopment of industrial and commercial facilities in Taylor County so as to relieve insofar as possible unemployment with in its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Taylor County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appur tenances thereto, and all necessary and useful furnishing, ma chinery and equipment. Such acquisition may be through the acquisition of land the construction thereon of a building, in cluding the demolition of existing structures, or through the acquisition of an existing building and the remodeling, reno vating, reconstructing, furnishing and equipping of such build ing;

(6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or in stallments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking;

(7) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;

(8) To designate officers to sign and act for the Authority generally or in any specific matter;

(9) To do any and all acts and things necessary or con venient to accomplish the purpose and powers of the Authority as herein stated.

TUESDAY, FEBRUARY 13, 1968

1341

"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Geor gia or Taylor County;

"F. The members of the Authority shall receive no compensa tion for their services to the Authority;

"G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Author ity and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761), as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued there under; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agree ment or indenture not in conflict with the provisions of this amend ment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of Taylor County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Taylor County.

"H. The Authority may authorize additional bonds, for exten sions and permanent improvements to any industrial building ac quired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings.

"I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that:

(1) The undertaking for which the bonds are to be issued will increase employment in Taylor County.

(2) The lessee or purchaser of the building or buildings involved will not by virtue of establishing operations in said county, reduce the number of employees employed by said lessee or purchaser elsewhere in the State of Georgia.

"J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms, or corporations shall at any time be used for entertainment, or other promotional expenses.

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"K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Taylor County subject to any mortgages, liens, leases or other encum brances outstanding against or in respect to said property at that time.

"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare, industry and trade within Taylor County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes.

"M. This amendment shall be effective immediately upon proclamation of its ratification by the Governor and the first mem bers of the Authority shall be appointed within thirty (30) days after such proclamation.

"N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Taylor County and the scope of its operations shall be limited to the territory embraced within said county. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operation beyond such limits."

Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to create NO ( ) the Taylor County Industrial Development Author
ity?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

TUESDAY, FEBRUARY 13, 1968

1343

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bo wen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Dean Dent Dickinson Dillon Dixon

Dodson Dollar Dorminy Doster Douglas Egan Fallin Farmer Farrar Floyd Funk Gary Gay Gaynor Gignilliat Graves Gunter Hall Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Knapp Laite Land Lane, Dick Lane, W. J. Lee, W. J. (Bill)

Lee, W. S. Leggett Leonard Levitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Miller Mixon
Moate Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss

1344
Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman

JOURNAL OF THE HOUSE,

Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Tucker

Turner Underwood Vaughan, D. N. Vaughn, C. R. Walling Ward Ware Wells Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Barfield Cheeks Cook Davis DeLong Edwards Fleming Grahl

Grier Hadaway Hale Hamilton Hood Jordan Kirksey Lambert

Lambros Maxwell Sullivan Tye Wamble Wiggins Mr. Speaker

On the adoption of the Resolution, the ayes were 182, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 623-1354. By Messrs. Pickard, Jones and Buck of the 112th, Berry and
Thompson of the 110th and Shields and Thompson of the lllth:
A RESOLUTION
Proposing to the qualified voters an amendment to Article VI, Sec tion I, of the Constitution, to authorize the General Assembly to em power the commissioners of roads and revenues of Muscogee County to enact ordinances for the policing of the public property, streets and roads of said County, and the Muscogee County Airport; providing penalties for violations of such ordinances; to authorize the establish ment of a county recorder's court or authorizing the use of the Munici pal Court of Columbus; to authorize the licensing and regulation of businesses and levying of license taxes; for the submission of this amendment for ratification or rejection; and for other purposes.

TUESDAY, FEBRUARY 13, 1968

1345

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:

SECTION 1

That Article VI, Section I, of the Constitution of the State of Georgia be and the same is hereby amended as follows:

"The General Assembly of the State of Georgia is hereby authorized:

"1. To empower the Board of Commissioners of Roads and Revenues of Muscogee County, Georgia, to adopt ordinances or regulations for the governing and policing, of the public property, streets and roads, of said County and the policing of the Muscogee County Airport, for the purpose of protecting and preserving the health, safety, welfare and morals of the citizens thereof as it may deem advisable, not in conflict with the general laws of this State and of the United States, and for the implementation and enforcement of all duties and powers now or hereafter vested in said board as the governing authority of Muscogee County, Geor gia, and to provide penalties for violations of such ordinances; and to authorize the licensing and regulation of businesses and the levying of license taxes on all persons, firms and corporations doing business in the unincorporated area of said County, except businesses which are subject to regulation by the State Public Service Commission.
"2. To authorize the use of the Municipal Court of Columbus, or to establish and create in and for the County of Muscogee, a County recorder's court, which shall have jurisdiction in Muscogee County outside the corporate limits of municipalities therein and which shall be empowered to hear and determine cases involving violations of all County ordinances and regulations, including traf fic ordinances and regulations, with the authority to inflict punish ment and/or penalty for violation thereof, and which shall have such other and further powers as may be prescribed by law.
"3. In the event any phrase, clause, paragraph, or portion thereof, of this amendment shall be adjudged invalid for any reason whatsoever, such adjudication shall in no manner affect the other phrases, clauses, paragraphs or portions of this amend ment, which shall remain of full force and effect, as if the phrase, clause, paragraph, or portion thereof so adjudged invalid was not originally a part hereof."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to empower Muscogee County to adopt ordinances for policing the public property, roads and streets, of Muscogee County, and the Mus cogee County Airport; to provide for the enforcement
NO ( ) of County ordinances; to authorize the creation of a recorder's court, or authorize the use of the Munici pal Court of Columbus; and to authorize the regula tion and licensing of businesses in the unincorporated area of Muscogee County?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclama tion thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch Brantley, H. H.

Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Clarke Cole Collins, J. F. Collins, M. Colwell

Conner Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Dean Dent Dickinson Dillon Dixon Dodson Dollar Dorminy

TUESDAY, FEBRUARY 13, 1968

1347

Doster Douglas Egan Fallin Farmer Farrar Floyd Funk Gary Gay Gaynor Gignilliat Graves Gunter Hall Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Knapp Laite Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard

Levitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nash Nessmith
Newton Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland Rainey

Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Turner Underwood Vaughan, D. N. Vaughn, C. R. Walling Ward Ware Wells Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Barfield Cheeks Cook Davis DeLong Edwards Fleming Grahl

Grier Hadaway Hale Hamilton Hood Jordan, W. H. Kirksey Lambert

Lambros Maxwell Sullivan Tye Wamble Wiggins Mr. Speaker

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On the adoption of the Resolution, the ayes were 182, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 624-1354. By Messrs. Rainey and Bowen of the 69th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Cordele Office Building Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA
Section 1. Article VII, Section VI, Paragraph 1 of the Constitu tion is hereby amended by adding at the end thereof the following:
"A. Creation. There is hereby created a body politic to be known as the Cordele Office Building Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation and in that name, style and title said body may contract and be contracted with, sue and be sued, plead and be interpleaded and complain and defend in all courts of law and equity. In the event the name of said Authority shall ever become the subject of change, the same may be accomplished by an Act of the General Assembly.
"B. Purpose. The said Authority is created for the purpose of acquiring, constructing, equipping, maintaining and operat ing self-liquidating projects embracing buildings and facilities for use by the City of Cordele, Georgia, for its governmental, pro prietary and administrative functions and for the use by such other agencies, authorities and political subdivisions of the State of Georgia or the government of the United States as may con tract with the Authority for the use of such facilities. The City of Cordele, Georgia, is hereby granted the authority to lease or sell lands, buildings or land and buildings now owned by the City of Cordele, Georgia, to said Authority by appropriate resolution of its governing body and upon such terms and conditions as such governing body shall prescribe; provided that such sales by the City of Cordele, Georgia, to the Authority shall be for cash, and provided that such leases shall not exceed fifty (50) years in duration.
"C. Membership. The Authority shall consist of three mem bers, one of whom shall be the Chairman of the City Commission of the City of Cordele, Georgia, for the same term as he is acting in the official capacity as such Chairman; one shall be a mem ber of said City Commission of the City of Cordele, Georgia,

TUESDAY, FEBRUARY 13, 1968

1349

selected by said City Commission as a whole, and one shall be a freeholder and qualified registered voters of said City of Cordele, Georgia, selected by said City Commission as a whole who shall hold office for a term of one calendar year and until their suc cessors shall be selected and appointed. Any vacancy on the Au thority, except the member who shall be the Chairman of the City Commission of the City of Cordele, Georgia, may be filled for any unexpired term by the City Commission of the City of Cordele. Immediately after such appointments the members of such Au thority shall enter upon their duties. The Authority shall elect one of its members as Chairman, and one as Vice-Chairman, and shall also elect a Secretary and Treasurer, which Secretary and Treasurer need not necessarily be a member of the Authority. Two members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall receive no compensation for their services but may be reimbursed by the Authority for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations for its own gov ernment. It shall have perpetual existence. In the event the num ber of the members of the Authority or the qualifications of the membership of the Authority or the manner in which the members of the Authority shall be selected shall ever become the subject of change, the same may be accomplished by an Act of the Gen eral Assembly.
"D. Definitions. As used herein the following words and terms shall have the following meanings:
(1) The word 'Authority' shall mean the Cordele Office Building Authority herein created.
(2) The words 'City of Cordele' and 'City' shall mean the corporate body created by the General Assembly of Georgia under the name and style of the 'City of Cordele'.
(3) The word 'project' shall be deemed to mean and in clude one or a combination of two or more of the following: buildings and facilities intended for the use as city hall, jail, police station, fire station, administrative offices and other offices and related uses, and all buildings, structures, electric, gas, steam and water utilities, sewage disposal and facilities of every kind and character deemed by the Authority neces sary or convenient for the efficient operation of any depart ment, board, office, commission or agency of the City of Cor dele in the performance of its governmental, proprietary and administrative functions, or of such buildings and facilities in tended for use by any division, department, installation, agency or political subdivision of the State of Georgia or the govern ment of the United States.

(4) The term 'cost of the project' shall embrace the cost of construction, the cost of all lands, properties, rights and easements and franchises acquired, the cost of all machinery

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and equipment, financing charges, interest prior to and during construction, cost of engineering, architectural and legal ex penses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or prac ticability of the project, administrative expense, and such other expenses as may be necessary or incident to the financ ing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing pur poses shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions herein.

(5) The terms 'revenue bonds' and 'bonds' as used in this amendment, shall mean revenue bonds under the provisions of the Revenue Bond Law (Ga. L. 1957, pp. 36, et seq.) amend ing the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, pp. 761, et seq., as amended) and such type of obligations may be issued by the Authority as author
ized under said Revenue Bond Law and in addition, shall also mean obligations of the Authority the issuance of which are hereinafter specifically provided for herein.

(6) Any project or combination of projects shall be deem ed 'self-liquidating' if, in the judgment of the Authority the revenues to be derived by the Authority from rentals of said project or projects to the City of Cordele or agencies, authori ties, departments and political subdivisions of the State of Georgia and of the United States will be sufficient to pay the principal and interest of revenue bonds which may be issued for the cost of such project, projects or combination of
projects.

"E. Powers. The Authority shall have the powers:

(1) To have a seal and alter the same at pleasure;

(2) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes;
(3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of ease ments therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its cor porate existence shall continue and to lease or make contracts with respects to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned as provided herein except from the funds provided herein, and in any proceedings to condemn, such or-

TUESDAY, FEBRUARY 13, 1968

1351

ders may be made by the court having jurisdiction of the suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned, and no property shall be acquired as provided herein upon which any lien or other incumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or incumbrance;

(4) To appoint and select officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their compensation;

(5) To make contracts and leases and to execute all in struments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and the City of Cordele and any divisions, departments, institutions, agencies, counties or political sub divisions of the State of Georgia are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and lor such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to the City and any subdivision, depart ment, institution, agency or political subdivision of the State of Georgia to enter into lease contracts and related agreements for the use of any structure, building or facility or combina tion of any two or more structures, buildings or facilities of the Authority for a term not exceeding fifty (50) years and any division, department, institution, agency or political sub division of the State of Georgia may obligate itself to pay an agreed sum for the use of such property and the City of Cordele may enter into lease contracts and related agreements for the use of any structure, building or facility or a combi nation of two or more structures, buildings or facilities of the Authority for a term not exceeding fifty (50) years upon a majority vote of its governing body and may obligate itself to pay an agreed sum for the use of such property so leased and also obligate itself as a part of the undertaking to pay the cost of maintaining, repairing and operating the property furnished by and leased from the Authority;

(6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects, as hereinbefore defined, to be located on property
owned by or leased by the Authority, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the Authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof;

(7) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose;

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(8) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the pay ment of the same and for the rights of the holders thereof;

(9) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; and
(10) To do all things necessary or convenient to carry out the powers expressly given herein.
"F. Revenue Bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and in terest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the maximum limit prescribed in the Revenue Bond Law or any amendment thereto, shall be payable semi-annually, shall mature at such time or times not exceeding thirty (30) years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Au thority, and may be made redeemable before maturity, at the op tion of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with the Revenue Bond Law (Ga. L. 1957, p. 36, et. seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761, et seq., as amended), and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto.
"G. Same; Form; Denominations; Registration; Place of Pay ment. The Authority shall determine the form of the bonds, in cluding any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine and provision may be made for the registration of any coupon bond as to the principal alone and also as to both the principal and interest.

"H. Same; Signatures; Seal. In case any officer whose signa ture shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in

TUESDAY, FEBRUARY 13, 1968

1353

office until such delivery. All such bonds shall be signed by the Chairman of the Authority and attested by the Secretary and Treasurer of the Authority and the official seal of the Authority shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the Chairman and Secretary and Treasurer of the Authority. Any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of delivery and payment of such bonds such persons may not have been so author ized or shall not have held such office.

"I. Same; Negotiability; Exemption from Taxation. All reve nue bonds issued under the provisions hereof shall be fully nego tiable for all purposes and shall have and are hereby declared to
have all the qualifications of negotiable instruments under the laws of the State. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds and the income thereof shall be exempt from all taxation within the State.

"J. Same; Sale; Price. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority.

"K. Same; Proceeds of Bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution author izing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit, which unless otherwise provided in the resolution authoriz ing the issuance of the bonds or in the trust indenture shall be deemed to be of the same issue and shall be entitled to payment from the same funds without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into such funds as may be provided in the resolution authorizing the issuance of the bonds or in the trust indenture.
"L. Same; Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions issue interim receipts, interim certifi cates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter.
"M. Same; Replacement of Lost or Mutilated Bonds. The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost.
"N. Same; Conditions Precedent to Issuance; Object of Issu ance. Such revenue bonds may be issued without any other pro ceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required herein. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular

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project. Any resolution, providing for the issuance of revenue bonds upon the provisions hereof shall become effective immedi ately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of the quorum as herein provided.

"0. Same, Credit Not Pledged and Debt Not Created. Reve nue bonds issued by the Authority hereunder shall not be deemed to constitute a debt of the City of Cordele, Georgia, nor of any municipality, county, authority or political subdivision of the State of Georgia or instrumentality of the United States Government which may contract with such Authority. No contracts entered into by the Authority with any such municipality, county, authority or political subdivision of the State of Georgia or instrumentality of the United States Government shall create a debt of the re spective municipalities, counties, authorities or political subdivi sions of the State of Georgia within the meaning of Article VII, Section VII, Paragraph I of the Constitution of the State of Geor gia, but any such municipality, county, authority or political sub division of the State of Georgia may obligate itself to pay the payments required under such contracts from monies received from taxes and from any other source without creating a debt within the meaning of Article VII, Section VII, Paragraph I of the Constitu tion of the State of Georgia.

"P. Same; Trust Indenture as Security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority, including the proceeds derived from the sale from time to time of any surplus property of the Authority, both real and personal. Either the resolution pro viding for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, opera tion, repair and insurance of the property, and the custody, safe guarding and application of all monies, including the proceeds derived from the sale of property of the Authority, both real and personal, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds issued therefor and may also require that the security given by con tractors and by any depository of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of

TUESDAY, FEBRUARY 13, 1968

1355

this State to act as such depository and to furnish such indemnify ing bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the indi vidual right of action of bondholders as is customary in trust in dentures securing bonds and debentures of corporations. In addi tion to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture.

"Q. Same; To Whom Proceeds of Bonds Shall be Paid. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as are herein pro vided and such regulations as may be provided in such resolution or trust indenture.

"R. Same; Sinking Fund. The revenues, fees, tolls and earn ings derived from any particular project or projects, regardless of whether or not such fees, earnings and revenues were produced by a particular project for which bonds have been issued and any monies derived from the sale of any properties, both real and per sonal of the Authority, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received which said pledge may include funds received from one or more of all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payments of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agent or agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or re deemed shall forthwith be cancelled and shall not again be issued.
"S. Same; Remedies of Bondholders. Any holder of revenue bonds issued under the provisions hereof or any of the coupons ap-

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pertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required herein or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collect ing of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.

"T. Same; Refunding Bonds. The Authority is hereby author ized to provide by resolution for the issue of revenue bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions hereof and then outstanding, together with accrued interest thereon. The issuance of such revenue re
funding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions hereof insofar as the same may be applicable.

"U. Same; Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions hereof or any suit or action against such Authority shall be brought in the Superior Court of Crisp County, Georgia, and any action pertaining to validation of any bonds issued under the provisions hereof shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.

"V. Same; Validation. Bonds of the Authority shall be con firmed and validated in accordance with the procedure of the Reve nue Bond Law. The petition for validation shall also make party defendant to such action any municipality, county, authority, sub division or instrumentality of the State of Georgia or the United States Government or any department or agency of the United States Government, if subject to be sued, which has contracted with the Authority for the services and facilities of the project for
which bonds are to be issued and sought to be validated and such municipality, county, authority, subdivision or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the pay ment of any such bonds of the Authority. The bonds when vali
dated, and the judgment of validation shall be final and conclu sive with respect to such bonds, against the Authority issuing the same, and any municipality, county, authority, subdivision or in strumentality of the United States Government, if a party to the validation proceedings, contracting with the said Cordele Office
Building Authority.

"W. Same; Interest of Bondholders Protected. While any of the bonds issued by the Authority remain outstanding, the powers,

TUESDAY, FEBRUARY 13, 1968

1357

duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency or Authority will be created which will compete with the Authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions hereof shall be for the benefit of the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.

"X. Monies Received Considered Trust Funds. All monies re ceived pursuant to the Authority hereof whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided for herein.

"Y. Exemption from Taxation. It is hereby declared that the Authority will be performing an essential governmental function in the exercise of the power conferred upon it hereunder and that the Authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession or supervision or upon its activities in the opera tion and maintenance of the buildings erected or acquired by it or any fees, rentals or other charges for the use of such buildings or other income received by the Authority.

"Z. Immunity from Tort Actions. The Authority shall have the same immunity and exemption from liability for torts and negli
gence as the State of Georgia has and the officers, agents and employees of the Authority when in performance of the work of the Authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and em ployees of the State of Georgia. The Authority may be sued in the same manner as private corporations may be sued on any con tractual obligation of the Authority.

"AA. Property Subject to Levy and Sale. The property of the Authority shall not be subject to levy and sale under legal process except such property, revenue, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, revenue, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation.

"BB. Construction. This amendment and all provisions, rights, powers and authority granted hereunder shall be effective, not withstanding any other provision of the Constitution to the con trary, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of its purposes.
"CC. Effective Date. This amendment shall be effective im mediately upon proclamation of its ratification by the Governor.

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"DD. General Assembly. This amendment is self enacting and does not require any enabling legislation for it to become effective. However, the General Assembly may, by law, further define and prescribe the powers and duties of the Authority and the exercise thereof and may enlarge and restrict the same and may, likewise, further regulate the management and conduct of the Authority not inconsistent with the provisions of this amendment. The Authority shall be an instrumentality of the State of Georgia, and the scope of its operation shall be limited to the territory embraced within the corporate limits of the City of Cordele, Georgia, as the same now or may hereafter exist and within the limits of the area of Crisp County, Georgia."

Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitu tion of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to create NO ( ) the Cordele Office Building Authority?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard

Barber Battle Bennett Berry, C. E.

Berry, J. K. Black Blalock Bond

TUESDAY, FEBRUARY 13, 1968

1359

Bostick Bo wen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Dean Dent Dickinson Dillon Dixon Dodson Dollar Dorminy Doster Douglas Egan Fallin Farmer Farrar Floyd Funk Gary
Gay Gaynor Gignilliat Graves Gunter Hall Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison

Henderson Higginbotham Hill Holder Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Knapp Laite Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Moreland Mullinax Murphy
Nash Nessmith Newton Nimnier Northcutt Odom Oglesby Otwell Pafford

Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Shunian Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Turner Underwood Vaughan, D. N. Vaughn, C. R. Walling Ward Ware
Wells Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood

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Those not voting were Messrs.:

Barfield Cheeks Cook
Davis DeLong Edwards Fleming Grahl

Grier Hadaway Hale
Hamilton Hood Jordan, W. H. Kirksey Lambert

Lambros Maxwell Sullivan Tye Wamble Wiggins Mr. Speaker

On the adoption of the Resolution, the ayes were 182, nays 0.

The Resolution, having received the requisite two-thirds constitutional major ity, was adopted.

Mr. Paris of the 23rd arose to a point of personal privilege and addressed the House.

Mr. Parker of the 55th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 862. By Messrs. Parker of the 55th, Lewis and Newton of the 50th, Wiggins and Threadgill of the 32nd, Nessmith of the 64th and Reaves of the 99th:
A Bill to be entitled an Act to amend an Act providing for grants to certain municipalities, so as to provide that the State Treasurer shall disburse grants on a quarterly basis; and for other purposes.

On the motion to reconsider, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Barber Berry, C. E. Black
Blalock
Brantley, H. L. Brown, C. Buck Busbee Gates Chandler Clarke Collins, M.

Cooper, J. R. Dailey Davis
Dean
Dixon Dodson Floyd Funk Grahl Graves Hall Hamilton

Hargrett Harrington Harrison
Henderson
Johnson, A. S. Joiner Jones, C. M. Jones, M. Kaylor Lambert Lane, W. J. Lee, W. J. (Bill)

TUESDAY, FEBRUARY 13, 1968

1361

Levitas Lewis Longino Lovell Lowrey Magoon M alone Mason Matthews, D. R. Mauldin McDaniell Melton Merritt Moore, Don C.

Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Newton Northcutt Otwell Pafford Paris Parker, C. A. Parker, H. W. Poss

Reaves Rush Savage Shuman Sims Starnes Sweat Walling Ware Wells Westlake Williams Wilson, J. M. Wood

Those voting in the negative were Messrs.

Adams Alexander Anderson Ballard Barfield Battle Bennett Berry, J. K. Bostick Bo wen Branch Brantley, H. H. Bray Games Cato Cheeks Cole Collins, J. F. Conner Crowe, William Crowe, W. J. Daugherty DeLong Dent Dickinson Dillon

Douglas Fleming Gay Gaynor Gignilliat Grier Gunter Harris, J. F. Harris, J. R. Harris, R. W. Higginbotham Hood Howard Hutchinson Jordan, G. Lambros Land Lane, Dick Leonard Maxwell McClatchey Miller Mixon Parrish Phillips Pickard

Those not voting were Messrs.:

Bond Brown, B. D. Caldwell Colwell Cook Cooper, B. Cox Dollar

Dorminy Doster Edwards Egan Fallin Farmer Farrar Gary

Ragland Rainey Richardson Roach Ross Russell Shanahan Sherman Shields Simmons Smith, G. W. Smith, V. T. Smith, W. L. Snow Steis Sullivan Thompson, A. W. Thompson, R. Town send Underwood Vaughan, D. N. Wamble Whaley Wilson, R. W. Winkles
Hadaway Hale Hill Holder Howell Jenkins Johnson, B. Jordan, W. H.

1362
Kirksey Knapp Laite Lee, W. S. Leggett Matthews, C. McCracken Moate Nimmer

JOURNAL OF THE HOUSE,

Odom Oglesby Palmer Peterson Potts Rowland Scarlett Smith, J. R. Stalnaker

Threadgill Tucker Turner Tye Vaughn, C. R. Ward Wiggins Mr. Speaker

On the motion, the ayes were 78, nays 77. The motion prevailed, and HB 862 was reconsidered.

Mr. Rush of the 75th asked unanimous consent that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 920. By Mr. Rush of the 75th: A Bill to be entitled an Act to amend an Act creating the office of Solicitor-General emeritus, so as to provide a minimum salary to be paid a Solicitor-General emeritus who is sixty-five years of age or over; and for other purposes.
The consent was granted, and HB 920 was reconsidered.
The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:
HB 934. By Messrs. Murphy of the 26th and McClatchey of the 138th: A Bill to be entitled an Act to amend Code Chapter 13-20, so as to pro vide for the investment by a bank in the stock of a corporation engaged in international or foreign banking; and for other purposes.

The following Senate amendment was read:

Senator Johnson of the 42nd moves to amend House Bill No. 934 as follows:
By striking from the end of subsection (a) of quoted Code Section 13-2023.1 of Section 1 the following:

TUESDAY, FEBRUARY 13, 1968

1363

"sections 25 or 25A of the Federal Reserve Act"

and by inserting in lieu thereof the following:

"section 25 (a) of the Federal Reserve Act, 41 Stat. 378, as amended, (USCA 611-631)."

Mr. McClatchey of the 138th moved that the House agree to the Senate amendment.

On the motion, the ayes were 104, nays 0.

The Senate amendment to HB 934 was agreed to.

HB 937. By Messrs. Murphy of the 26th and McClatchey of the 138th: A Bill to be entitled an Act to amend Code Section 13-2012, so as to pro vide that the provisions of this Section shall not apply to certain types of indebtedness; and for other purposes.
The following Senate amendment was read:

Senator Johnson of the 42nd moves to amend House Bill No. 937 as follows:
By striking from the title the following:
"so as to provide that the provisions of this Section shall not apply to certain types of indebtedness; to provide for exceptions"
and inserting in lieu thereof the following:
"so as to provide for exceptions and qualifications thereon",
and by striking from Section 1 the following:
"Provided, however, this Section shall not apply to indebtedness of an executive officer to his own bank to the extent that the aggre gate amount thereof exceeds $1,000 or to any such indebtedness to his own bank that involves prior individual clearance or approval by the bank other than for the purpose of determining whether his participation in the arrangement is authorized or whether any dollar limit has been or would be exceeded.",
and inserting in lieu thereof the following:
"Provided, however, the above exception shall not apply to indebtedness of an officer, director, agent or employee to the extent

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that the aggregate amount thereof exceeds $1,000 or to any such indebtedness to his own bank that involves prior individual clear ance or approval by the bank other than for the purpose of determin ing whether his participation in the arrangement is authorized or whether any dollar limit has been or would be exceeded."

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

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bostick Bo wen Branch Brantley, H. H. Brantley, H. L. Bray Brown, C. Buck Busbee Carnes Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis Dent Dickinson Dillon Dixon

Dollar Douglas Fallin Farrar Fleming Floyd Funk Gary Gay Gaynor Gignilliat Graves Grier Gunter Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham Holder Hood Howell Hutchinson Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jordan, G. Kaylor Kirksey Laite Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Lewis

Longino Lovell Lowrey Magoon Malone Mauldin Maxwell McClatchey Melton Merritt Miller Mixon Moate Moore, Don C. Mullinax Murphy Nessmith Newton Nimmer Odom Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Pickard Poss Potts Ragland Reaves Richardson Roach Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Simmons

TUESDAY, FEBRUARY 13, 1968

1365

Sims Smith, G. W. Smith, V. T. Smith, W. L. Snow Starnes Steis Sweat Thompson, A. W.

Thompson, R. Turner Underwood Vanghan, D. N. Walling Wamble Ward Ware Wells

Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Wood

Voting in the negative was Mr. DeLong

Those not voting were Messrs.:

Bond Brown, B. D. Caldwell Cook Cooper, B. Dean Dodson Dorminy Doster Edwards Egan Farmer Grahl Hadaway Hale Henderson Hill

Howard Jenkins Jones, M. Jordan, W. H. Knapp Lambert Leggett Levitas Mason Matthews, C. Matthews, D. R. McCracken McDaniell Moore, J. H. Moreland Nash Northcutt

On the motion, the ayes were 154, nays 1.

Oglesby Peterson Phillips Rainey Ross Shuman Smith, J. R. Stalnaker Sullivan Threadgill Town send Tucker Tye Vaughn, C. R. Winkles Mr. Speaker

The Senate amendment to HB 937 was agreed to.
Mr. DeLong of the 105th stated that he had inadvertently voted "nay" but intended to vote "aye" on the motion to agree to the Senate amendment.
HB 1055. By Messrs. McCracken of the 39th, Wiggins of the 32nd, Maxwell of the 106th, Lambert of the 38th and Underwood of the 61st:
A Bill to be entitled an Act to amend Code Chapter 34-7, relating to elec tion districts and polling places, so as to provide that no election district shall contain more than 2,000 electors if at the last general election all persons desiring to do so had not completed voting one hour following the closing of the poll; and for other purposes.

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The following Senate amendments were read:

Senator Brown of the 46th moves to amend HB 1055 by adding to every Section where the word "ordinary" appears, the additional words, "the ordinary or the election Superintendent" as the case may be.

Senator Gardner of the 1st moves to amend HB 1055 as follows:
In the first line of the proposed section 34-704.1, delete the word "last" between the words "the" and "general" and add the word "preceding".

Senator Johnson of the 42nd moves to amend HB 1055 as follows:

By adding a new sentence at the end of Section 34-704.1, as quoted in Section 1, to read as follows:
"For administering this section, the poll manager of an election district which contained more than 2,000 electors at the last general election shall submit a report thereof, under oath, to the ordinary and upon confirming the fact, the ordinary shall proceed to comply with the requirements of this section."
The Senate Committee on Economy, Reorganization and Efficiency in Govern ment offers the following amendment to HB 1055:

By inserting in the title immediately before the phrase
"to repeal conflicting laws;"
the following:
"to provide an effective date;".
By renumbering Section 2 as Section 3, and by adding following Section 1 a new Section 2 to read as follows:
"Section 2. The provisions of this Act shall become effective on January 1, 1969."

Mr. Wiggins of the 32nd moved that the House disagree to the Senate amendments.

TUESDAY, FEBRUARY 13, 1968

1367

The motion prevailed, and the Senate amendments to HB 1055 were disagreed to.

The following Bills of the House were taken up for the purpose of considering the Senate substitute thereto:

HB 248. By Messrs. Levitas and Harris of the 118th, Vaughn, Palmer of the 117th and others:
A Bill to be entitled an Act to amend Code Section 34-602 of the Georgia Election Code relating to elector qualifications for applicants acquiring age and residence qualifications, so as to provide different voter regis tration requirements in regard to elections for presidential and vicepresidential electors and for governor and lieutenant governor; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend Code Section 34-602 of the Georgia Election Code relating to elector qualifications for applicants acquiring age and residence qualifications; so as to provide different voter regis tration requirements and voting procedures in regard to elections for presidential and vice-presidential electors and for governor and lieu tenant governor for certain electors; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 34-602 of the Georgia Election Code relating to elector qualifications for applicants acquiring age and residence qualifications, is hereby amended by adding at the end of Section 34-602 a new paragraph to read as follows:
"Notwithstanding any other provision of this Section;
(1) Where a person moves from without this State into this State at least thirty days prior to the primary to nominate candi dates for or the general election for presidential and vice-presiden tial electors, and such person would have been entitled to vote for such candidates or electors except for the residence requirements contained in (d) above, and such person is not entitled to vote for such electors in any other jurisdiction, such person shall be eligible to register and vote for presidential and vice-presidential candidates or electors in such primary or election or both; provided, however, no such persons shall be eligible to vote in a primary unless he shall have resided in the county for at least thirty (30) days prior to such primary.

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(2) Where a person moves from one county in this State into another county in this State at least thirty days prior to the primary election to nominate candidates for the office of governor and the office of lieutenant governor, or presidential or vice-presidential electors, or at least thirty days prior to the general election for such officers, and such a person would have been entitled to vote for such persons except for the residential requirements contained in (d) above, and such person is not entitled to vote for such persons in any other county, then such person shall be eligible to register and vote in such primary or general election or both, but only for the abovementioned candidates for nomination or for public office or for the abovementioned presidential and vice-presidential electors or both; provided, however, no such person shall be eligible to vote in a primary unless he shall have resided in the county for at least thirty (30) days prior to a primary.

(3) A person desiring to qualify under subparagraphs (1) or (2) of this paragraph in order to vote for presidential and vice-presiden tial electors or for governor and lieutenant governor or for the nomination of such officers shall register in accordance with the procedures of this code at least fourteen days prior to the date on which the primary or election is to be held and such applicant shall submit, at the time of making application, a certified statement from the registrar or equivalent official or former residence that such applicant was a qualified voter or would have been qualified to vote in the presidential primary or election or the primary or the general election for governor and lieutenant governor if he had remained in the state or county; and such person shall certify that he will not cast any other ballot in such state or county.

(4) The registrar effectuating the new registration, shall im mediately mail to the appropriate office of the state or county in which the applicant last resided a duplicate of the application.

(5) The registrar effectuating the new registration, shall file each duplicate application or other official information received by
him from another state or county indicating that a former resident of this state or county has made application to vote at a presidential election or a primary or general election for the office of governor and lieutenant governor in another state or county, and shall main tain an alphabetical index thereof for a period of one year after the election.

(6) Upon being satisfied that an application is proper and that an applicant is qualified to vote under this paragraph, the registrar shall prepare a list of all such qualified applicants. Such list shall contain the name of the applicant, his address and the primary or election office for which such applicant shall be entitled to vote. The superintendent shall cause to be prepared appropriate ballots which shall contain the names of the candidates for nomination or for the offices covered by this Section. The superintendent shall designate
either one centrally located election district or each official elction district within his county, which district or districts shall be used for the purpose of permitting applicants qualified to vote as herein pro vided to cast their ballots in such elections and primaries. The regis-

TUESDAY, FEBRUARY 13, 1968

1369

trar shall transmit a list of the such qualified applicants to the manager of each such election district designated by the super intendent.

(7) The applicant shall vote for the candidates of his choice in the same manner of voting where paper ballots are used. After he has finished voting, he shall transmit the ballot to the appropriate poll officer of such election district. At the close of the poll such ballots shall be tabulated in the same manner as other votes at said district, and they shall be transmitted in the same manner as other ballots from such district are transmitted, and such ballots shall be counted as a part of the total vote cast in such district.

(8) An elector qualified to vote under the provisions of subparagraphs (1) or (2) of the paragraph shall not be entitled to vote by absentee ballot.

(9) Any person wilfully making a false statement or affidavit under this Section shall, upon first offense be guilty of a misde meanor, and upon the second and any subsequent offense be guilty of a felony."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment to the Senate substitute was read and adopted:

Mr. Levitas of the 118th moves to amend the Senate substitute to HB 248 by striking sub-paragraph Seven (7) of Section One (1) and substituting in lieu thereof the following:

"The applicant shall vote for the candidates of his choice by the use of, and in the same manner of voting as where paper ballots are used. At the close of the poll, such ballots shall be tabulated, counted and transmitted as provided by this Code for paper ballots.

Mr. Levitas of the 118th moved that the House agree to the Senate substi tute, as amended by the House.

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

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson

Ballard Barber Barfield

Battle Bennett Berry, C. E.

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Berry, J. K. Black Blalock Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Clarke Cole Collins, J. P. Collins, M. Colwell Cooper, J. R. Crowe, W. J. Dailey Daugherty Davis DeLong Dickinson Dillon Dixon Dodson Dollar Doster
Douglas Egan Pallin Fleming Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hall Hamilton

Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham Holder Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Knapp Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leonard Levitas Lewis Longino Lovell Lowrey
Magoon Malone Mason Matthews, D. R. Mauldin Maxwell McCracken McDaniell Melton
Merritt Miller Mixon
Moate Moore, Don C. Murphy

Nash Nessmith Newton Northcutt Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Phillips Piekard Poss Potts Ragland Rainey Roach Ross Rowland Rush Savage Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, V. T. Smith, W. L. Starnes Steis Sweat Thompson, A. W. Thompson, R. Townsend Underwood Vaughan, D. N. Walling Wells Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs. :

Bond Brown, B. D. Cheeks Conner

Cook Cooper, B. Cox Crowe, William

Dean Dent Dorminy Edwards

Farmer Farrar Floyd Hadaway Hale Henderson Hill Jordan, W. H. Laite Lee, W. S. Leggett Matthews, C. McClatchey

TUESDAY, FEBRUARY 13, 1968

1S71

Moore, J. H. Moreland Mullinax Nimmer Odom Oglesby Otwell Peterson Reaves Richardson Russell Scarlett Smith, J. R.

Snow Stalnaker Sullivan Threadgill Tucker Turner Tye Vaughn, C. R. Wamble Ward Ware Wiggins Mr. Speaker

On the motion, the ayes were 154, nays 0.

The Senate substitute to HB 248 was agreed to, as amended.

Mr. Henderson of the 102nd stated that he was called from the floor of the House when the roll was called on the motion to agree to the Senate substitute, as amended by the House, but had he been present would have voted "aye".

HB 839. By Messrs. Williams and Wood of the 16th, Johnson of the 40th, Anderson of the 71st, Lambros of the 130th, Adams of the 125th and Dillon of the 128th:
A Bill to be entitled an Act to amend Code Section 68-214, relating to motor vehicle license plates and their description, so as to require that the faces of license plates shall be treated with a reflective material in order to reduce road accidents and improve the visibility and legibility of license plates after dark; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend Code Section 68-214, relating to mo tor vehicle license plates and their description, as amended, by an Act ap proved March 21, 1939 (Ga. Laws 1939, p. 182), an Act approved Decem ber 22, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 343), and an Act ap proved March 9, 1955 (Ga. Laws 1955, p. 659), so as to require license plates to be treated with a reflective material in order to reduce road ac cidents and improve the visibility and legibility of license plates after dark; to provide for competitive bidding; to provide for conformance testing; to provide the year in which license plates shall be issued in con formity with such requirements; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Code Section 68-214, relating to motor vehicle license plates and their description, as amended, by an Act approved March 21, 1939 (Ga. Laws 1939, p. 182), an Act approved December 22, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 343), and an Act approved March 9, 1955 (Ga. Laws 1955, p. 659), is hereby amended by adding at the end thereof a new paragraph to read as follows:
"In addition to the foregoing requirements, in order to reduce road accidents and improve the visibility and legibility of license plates after dark, all vehicle license plates shall be treated with a reflective material which shall provide effective and dependable reflective brightness during the service period required of the license plate issue. The product to be used shall be purchased by competitive bidding through specifications issued by the Purchasing Department and the products shall be tested for conformance by the Materials and Test Engineer of the Georgia State Highway Department."
Section 2. License plates shall be issued in conformity with the provisions of this Act beginning with the year 1970. This Act shall apply only for the years 1970 and 1971 unless extended.

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

Mr. Williams of the 16th moved that the House agree to the Senate substitute. On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Barfield
Battle Bennett Berry, C. E. Berry, J. K.
Black Blalock Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C.

Buck Busbee Carnes Cato Chandler Cheeks
Cole Collins, J. P. Collins, M. Conner
Cooper, J. R. Crowe, William Crowe, W. J. Dailey Daugherty Davis DeLong Dent Dickinson Dillon Dixon

Dollar Douglas Egan Fallin Ployd Funk
Gay Gaynor Gignilliat Graves
Grier Gunter Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson

TUESDAY, FEBRUARY 13, 1968

1373

Higginbotham Hill Holder Hood Howard Howell Hutchinson Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Lovell Lowrey Magoon Malone Matthews, D. R. Mauldin

Maxwell McClatchey Melton Merritt Miller Mixon Moate Moore, Don C. Mullinax Murphy Nessmith Odom Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Pickard Potts Ragland Reaves Richardson Roach Rush Russell Savage Shanahan

Sherman Simmons Sims Smith, V. T. Smith, W. L. Snow Starnes Steis Sweat Thompson, R. Turner Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Caldwell Gates Clarke Colwell Cook Cooper, B. Cox Dean Dodson Dorminy Doster Edwards Farmer Farrar Fleming Gary Grahl Hadaway Hale

Jenkins Johnson, B. Jordan, W. H. Knapp Laite Lambert Leggett Longino Mason Matthews, C. McCracken McDaniell Moore, J. H. Moreland Nash Newton Nimmer Northcutt Oglesby

On the motion, the ayes were 148, nays 0.

The Senate substitute to HB 839 was agreed to.

Peterson Phillips Poss Rainey Ross Rowland Scarlett Shields Shuman Smith, G. W. Smith, J. R. Stalnaker Sullivan Thompson, A. W. Threadgill Townsend Tucker Tye Mr. Speaker

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Under the general order of business established by the Committee on Rules, the following- Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 1010. By Messrs. Busbee of the 79th and Gates of the 123rd:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide revenue and a source of revenue for the purpose of paying- pen sions to the firemen of the State of Georgia, so as to provide that reg ular employees of the Georgia Fireman's Pension Fund who work at least 20 hours per week shall be eligible for membership in the fund; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Carnes Gates Chandler Cheeks Clarke Cole Collins, J. F. Collins, M.

Conner Cox Crowe, William Crowe, W. J. Dailey Daugherty Da vis DeLong Dent Dickinson Dillon Dixon Dodson Dollar Doster Douglas Fallin Farmer Fleming Floyd Funk Gary Gay Gaynor Gig-nilliat Grahl Graves Grier Gunter

Hadaway Hall Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Holder Hood Howard Hutchinson Jenkins Johnson, A. S. Joiner Jones, C. M. Kaylor Kirksey Knapp Laite Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leggett

TUESDAY, FEBRUARY 13, 1968

1375

Leonard Le vitas Lewis Longino Lovell Lowrey Magoon Malone Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, Don C. Mullinax Murphy Nessmith Newton

Nimmer Northcutt Otwell Pafford Palmer Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Potts Ragland Rainey Reaves Richardson Rowland Rush Russell Scarlett Shanahan Sherman Shields Shuman

Simmons Smith, G. W. Smith, V. T. Stalnaker Starnes Sweat Thompson, A. W. Thompson, R. Turner Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Williams Wilson, R. W. Winkles

Voting in the negative was Mr. W. L. Smith

Those not voting were Messrs.:

Bo wen Busbee Caldwell Cato Colwell Cook Cooper, B. Cooper, J. R. Dean Dorminy Edwards Egan Farrar Hale Hamilton Hill

Howell Johnson, B. Jones, M. Jordan, G. Jordan, W. H. Lee, W. S. Mason Matthews, D. R. Moore, J. H. Moreland Nash Odom Oglesby Paris Poss Roach

Ross Savage Sims Smith, J. R. Snow Steis Sullivan Threadgill Townsend Tucker Tye Wiggins Wilson, J. M. Wood Mr. Speaker

On the passage of the Bill, the ayes were 157, nays 1.

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

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Mr. Smith of the 114th stated that he had inadvertantly voted "nay" but intended to vote "aye" on the passage of HB 1010.

Mr. Jones of the 112th stated that he was called from the floor of the House when the roll was called on HB 1010, but had he been present would have voted "aye".

HR 387-884. By Messrs. Smith of the 54th, Chandler of the 47th and Murphy of the 26th:
A RESOLUTION
Accepting the bid of the Louisville and Nashville Railroad Com pany to lease the Western and Atlantic Railroad; and for other pur poses.
WHEREAS, pursuant to the provisions of the "State Properties Control Code" (Code Chapter 91-1 A.), the State Properties Control Commission is empowered to lease the Western and Atlantic Railroad through negotiation or through competitive bid; and
WHEREAS, Code Section 91-109a. (d) and (e) read as follows: "(d) If the commission formally determines the highest responsible bidder, the commission shall prepare the instrument of lease in at least four counterparts, which shall be immediately signed by the prospective lessee whose signature shall be witnessed in the manner required for recording. Such signing shall constitute a bid by the prospective lessee and such bid shall not be subject to revocation unless it is rejected by the General Assembly as hereinafter provided for. A Resolution con taining an exact copy of the proposed lease, or to which an exact copy of the proposed lease is attached, shall be introduced in either the House of Representatives or the Senate, if then in regular session, or, if not in session at such time, at the next regular session. Such Resolution, in order to become effective, shall receive the same number of readings and go through the same procedure as a bill in both the House and the Senate. Such Resolution shall be considered by the Committee of the Whole House and by the Committee of the Whole Senate.
"(e) If the aforesaid Resolution shall be adopted during such regular session by a majority roll call vote of both the Senate and the House of Representatives, the chairman of the commission shall forthwith execute such lease for and on behalf of the commis sion and thereupon both parties shall be bound by such lease. Such execution shall include the attachment to the lease of a certificate of the Secretary of State under seal showing that there has been recorded in his office a counterpart of such lease and any minutes of the commission, advertisement, notice, invitation for bids, legis lative Resolution, and any other record concerning such lease."; and
WHEREAS, the State Properties Control Commission determined that the interest of the State and the people of the State of Georgia would be best served by competitive bidding for the lease of said Rail road; and

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1377

WHEREAS, the form of lease for the Western and Atlantic Rail road was completed after numerous conferences with, and public hear ings attended by, representatives of the parties who had indicated an interest in leasing the Western and Atlantic Railroad; and

WHEREAS, following advertising of invitation for bids as required by the State Properties Control Code, at the bid opening on December 21, 1967, one bid was received, and that from the Louisville and Nash ville Railroad Company in the amount of $1,000,000.00 base annual rental, plus an escalation factor of 2.5%; and

WHEREAS, the Commission on that date formally found the Louis ville and Nashville Railroad Company to be the highest responsible bidder for the lease of the Western and Atlantic Railroad; and

WHEREAS, the Western and Atlantic Railroad is not needed in any way for the operations of the various departments of the State government; and
WHEREAS, pursuant to the aforesaid provisions of law, the pros pective lessee has signed the proposed lease in four counterparts, an exact copy of which is attached to this Resolution.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the proposed lease is hereby accepted and the Chairman of the State Properties Control Commission, pursuant to the aforesaid provisions of law, is hereby authorized and directed to execute such lease for and on behalf of the State of Georgia and said Commission.

BE IT FURTHER RESOLVED that the Clerk of the House of Re presentatives is hereby instructed to transmit a copy of this Resolution to the aforesaid Chairman, to the Secretary of State and to the Louis ville and Nashville Railroad Company.
FORM OF LEASE OF
WESTERN & ATLANTIC RAILROAD
WHEREAS, by an Act of the General Assembly of the State of Georgia, entitled "State Properties Control Code", approved February 21, 1964, and the Acts amendatory thereto approved March 24, 1965, and April 15, 1965, respectively, there was created a Commission to be known as the State Properties Control Commission, which Commission was by the provisions of said Acts authorized and empowered to lease and contract for the leasing of the railroad properties known as the Western & Atlantic Railroad, and was further authorized and em powered to fix and determine all the terms and conditions upon which the said property should be leased, except as limited by the provisions of said Acts, and was further authorized and empowered to agree upon all the terms and details of a formal lease contract, which upon being prepared by the said Commission and executed by the prospective Lessee should be transmitted to each House of the General Assembly if then

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in regular session and, if not, to the next regular session, for acceptance or rejection of said lease by said General Assembly as provided in the State Properties Control Code;

AND, WHEREAS, The said Commission, organized in pursuance of the provisions of said Acts, has, in regular meeting assembled, by resolution agreed to lease said property to LOUISVILLE AND NASH VILLE RAILROAD COMPANY, under the terms and conditions here inafter set forth, which resolution, together with all the terms and de tails of this lease contract, will be transmitted to the General Assembly by the said Commission, as provided in Section 91-109A of said State Properties Control Code;

AND, WHEREAS, It is further provided in said Acts that when said lease contract shall have been so prepared and approved by the Gen eral Assembly, the same shall be executed by the Chairman of the State Properties Control Commission in behalf of the State of Georgia.

NOW, THEREFORE, THIS INDENTURE, made and entered in to on this ..-.,,..._--___._____..._. day of ______________________________ in the year of our Lord One Thousand Nine Hundred and __._.,,,,____________., by and between the said State of Georgia, (hereinafter referred to as "State"), acting through the State Properties Control Commission, and the said LOUIS VILLE AND NASHVILLE RAILROAD COMPANY, (hereinafter re ferred to as "Lessee") :
WITNESSETH:
ONE: The State, under and by authority of the said Act approved February 21, 1964, and the Acts amendatory thereof and supplemental thereto approved March 24, 1965, and April 15, 1965, respectively, and in pursuance thereof and of the said resolution of the said State Prop erties Control Commission, and in consideration of the premises and of the conditions, covenants and stipulations herein set forth, does hereby lease, for a term of 25 years and 4 days beginning from and immediate ly at the termination of the lease contract now existing (which will terminate on the 27th day of December, 1969), and ending on December 31, 1994, to said Lessee, viz; to LOUISVILLE AND NASHVILLE RAILROAD COMPANY the State-owned property known as the West ern & Atlantic Railroad (a railroad running from the City of Atlanta, in the State of Georgia, to the City of Chattanooga, in the State of Tennessee), as more fully shown outlined in red and green on maps filed in the office of the State Properties Control Commission in Atlanta, Georgia, which maps have been duly endorsed by the Secretary of that Commission, for identification purposes, as being those referred to here in (including the railroad properties more specifically enumerated on the "Sidetrack Facilities List", attached to said maps and similarly endorsed) ; said lease to include the property so delineated on said maps and in said list (and such additional property as may be acquired for the Western & Atlantic Railroad by the present lessee (i.e., the lessee under the lease of the Western & Atlantic Railroad which terminates Decem ber 27, 1969) subsequent to the date of execution of this lease and prior to the beginning of the term of this lease) and all tracks, bridges, cul verts, signals, buildings, communication lines, depots and all other structures located on said property, subject to the following Exceptions and Additions:

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1379

EXCEPTIONS:

(A) Air, Mineral and Other Rights

Except to the extent that air rights are, as of December 28, 1969, occupied by any structure used for railroad purposes (including any structure erected by Lessee or sublessees of the lease expiring on Dec ember 27, 1969) this lease does not include air rights, mineral rights or sub-surface easements, the State reserving the air rights (including the right of necessary supports and appurtenances), mineral rights and sub surface easement rights and the right to grant the same but agreeing that it will not, without the written consent of Lessee, which consent may not be unreasonably withheld, grant any such rights to any others or itself use air space or exploit minerals, (i) if such grant or the exercise of rights granted thereby or such use or exploitation will re sult in loss of support to or unreasonable interference with the leased property, including tracks or structures located thereon, or (ii) if such grant or the exercise of rights granted thereby or such use or ex ploitation will otherwise unreasonably interfere with the enjoyment of the leased property, including tracks and structures, for railroad purposes or with the enjoyment of the operation thereof for railroad purposes, or (iii) if such grant or the exercise of rights granted there by or such use or exploitation will reduce the clearance to a distance of less than 23 feet vertically above the top of the rails of said tracks or alongside any track to a distance less than 18 feet from the centerline thereof, the said 18 foot clearance to extend uniformly from a vertical extension upward of the said center line for a distance of twenty-three feet, Provided that (1) in those areas where, as of July 1, 1966, there were structures limiting vertical clearances to less than twenty-three feet or there were horizontal clearance of less than eighteen feet, the clearances existing on July 1, 1966 shall govern;

(2) in those areas where, as of July 1, 1966, there were grants of air rights providing for a lesser clearance than the said twenty-three foot and eighteen foot clearances, such lesser clearances shall govern, and, Provided further,

that if in any of said areas, additional clearance shall become available, whether by reconstruction, modification, or demolition of any such structures, or otherwise, said additional clearance shall accrue to the benefit of the Lessee to a maximum of twenty-three feet above the top of the rails and of eighteen feet horizontally from the centerline of the nearest track, except that where existing viaducts over the rails have a clearance of less than 23 feet, adjoining air space structures may be so constructed as to have viaduct level access, provided no part of said structures (except necessary supports and appurtenances) shall extend below the lowest point of said viaduct, which structures the State shall require to be so designed and constructed as to allow, as nearly as practicable, a clearance of at least 23 feet above the top of the rail, and, Provided further,

that should any additional clearance become available by reason of any track being being lowered, such additional clearance shall accrue in toto to the benefit of Lessee.

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Notwithstanding the foregoing provisions, the minimum clearances in the event that power lines or communications lines, whether those of Lessee, the State or other persons, firms or corporations, shall intrude into the air space above the leased property, shall be not less than those specified from time to time by the Association of American Railroads
for its member roads.

The State and the Lessee agree that in the event of exploitation of air or sub-surface easement rights, the State may require a relocation of tracks, but only if

(1) such relocation is necessary to permit the placement of any pillar providing support to a structure constructed in the use of air rights described in this paragraph (A) of this Section One and

(2) there is no point at which said pillar can be placed consistent with sound engineering practices without necessitating the relocation of any track, and

(3) neither such relocated track nor the work of relocation will unreasonably interfere with the use by Lessee of the properties leased herein, or unreasonably reduce the operating capacity or operating con venience of said properties, whether only in the immediate vicinity of said relocated track or elesewhere on the said properties, and

(4) such relocation, including acquisition of additional land, and all other work and modifications of other tracks and structures neces sitated by such relocation are performed without cost to Lessee or any sublessee of Lessee and at such reasonable times and in accordance with such reasonable standards and specifications as may be estab lished by Lessee.

Notwithstanding the vertical clearance limits specified hereinabove, Lessee and its sublessees may erect such structures (including any structure erected pursuant to a subletting qualifying under clause (3) of the first literary paragraph of Section Ten of this lease) as they may from time to time deem necessary or desirable for railroad operat ing purposes and such structures may extend and continue to extend into the then unoccupied air space above the clearance limits referred to in this Section so long as necessary or desirable or until such time or times as the State exercises the power to clear such air space as reserved to it in the next succeeding paragraph of this Section One.

Except as to the Union Passenger Depot in Atlanta the State, in granting air rights, may provide for the removal of structures then occupying any part of the air space contained within such grant, such removal to take place not before the grantee of such air rights com mences the work of construction in exploitation of such rights, provided that such removal shall be performed without cost to Lessee or any sub lessee of Lessee and at such reasonable time or times and in accordance with such reasonable standards and specifications as may be estab lished by Lessee and provided, further, that adequate replacement struc tures reasonably satisfactory to Lessee (and a sublessee, if one be af fected) as to location, design, physical condition and facilitation of its

TUESDAY, FEBRUARY 13, 1968

1381

operations (including those of a sublessee, if one be affected) shall be provided without cost to Lessee or any sublessee of Lessee, the work of replacement to be performed at such reasonable time or times and in ac cordance with such reasonable standards and specifications as may be established by Lessee, provided that any replacement structures pro vided under this section (or structures provided as temporary substitute for such replacement structures) shall be completed and available for use prior to commencing the work of removal or relocation of the existing structures being replaced.
The State also agrees that, at the request of the Lessee, it will negotiate with the Lessee the need in such air rights areas for increased clearances for railroad operations and if it finds the proposed adjust ments to be in the best interest of the State and the Western & Atlantic Railroad, this lease shall be reopened, amended or supplemented, for the purpose only of providing such increased clearances as are found reasonable, upon such terms and conditions as may be agreed to by the State, the decision of the State as to such reopening, amending or sup plementing to be final. The State further agrees that it will, within a reasonable time prior to granting any air; mineral or sub-surface ease ment rights, fully consult with Lessee to determine what, if any, plans are being considered for additions, improvements, or changes to the tracks, signals or structures of the railroad which may be affected by the granting of such rights and that due consideration will be given to such plans.
If any air, mineral or sub-surface easement or other rights shall be granted by the State, the State shall confer with the Lessee a reason able time prior to making such grant and there shall be included in the agreements by which said rights are granted or made from time to time such reasonably conditions, consistent with the provisions of this lease, on the use, exercise and exploitation of said rights as may be re quired for the purpose of assuring to Lessee operation of the leased properties in a safe, convenient, expeditious, economical and healthful manner. If the State shall itself use, exercise, or exploit any such rights it shall do so consistently with such reasonable conditions as may be required.
Except to the extent the State has the power under such grants to impose such restrictions, none of the air rights restrictions hereinabove contained shall apply to those air rights grants made by the State prior to July 1, 1966. However, in approving plans and specifications relating to, and in establishing or imposing conditions and standards upon, the use, exercise and expoitation of any air, mineral or other rights, that may have been granted by the State prior to December 28, 1969, the State shall likewise confer with the Lessee a reasonable time prior to such approval, establishment or imposition and shall, to the extent the State has the power under such grants so to do, establish or impose on the use, exercise and exploitation of said air, mineral, sub-surface ease ment or other rights such reasonable conditions and standards consistent with the provisions of this lease, as may be required for the purpose of assuring to Lessee operation of the leased properties in a safe, con venient, expeditious, economical and healthful manner.

Nothing in this lease shall operate to prevent Lessee from recover ing from any person, firm or corporation compensation for and reim bursement of any loss, expense or damage suffered by Lessee by reason

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of the action or omission of any such firm or corporation or its em ployees, agents or servants in the use or exploitation of any air, mineral or sub-surface rights. No action for such loss, expenses or damage shall lie against the State except on the grounds of breach of contract.

(B) Chattanooga Depot Property

This lease includes so much of the present passenger depot property located in Chattanooga, Tennessee, west of Broad Street and south of Ninth Street (as outlined in green on the aforesaid maps filed in the office of the State Properties Control Commission) as is owned by the State only until the passenger depot located on said property is re located in accordance with the provisions of "Chattanooga Railroad Grade Crossing Elimination Project--General Plan 'N' " or otherwise, at which time so much of said passenger depot property as is owned by the State will revert to the possession and control of the State.

(C) Other Chattanooga Property

This lease includes the property located between Market Street and Broad Street in Chattanooga, Tennessee, (as outlined by cross-hatched green lines on the aforesaid maps filed in the office of the State Prop erties Control Commission) subject to the following proviso:

Should the City of Chattanooga or other governmental authority extend Lindsay Street in said City across the State's property, then at the time of such extension all property included in this lease and lying north of the southern boundary of that street shall revert to the posses sion and control of the State. In like manner, should Newby Street in said City be so extended, and at the time of such extension, should the City of Chattanooga decline to permit the Western & Atlantic Railroad property north of such extended Newby Street thereafter to be used for railroad operating purposes, then all property included in this lease and lying north of the southern boundary of such extended Newby Street will similarly revert to the State, except to the extent that it may theretofore have so reverted.

(D) Marietta Depot Property
This lease includes so much of the depot property at Marietta, Geor gia, as is outlined in green on the aforesaid maps filed in the office of the State Properties Control Commission only so long as the depot located thereon shall be used for passenger train purposes. Said described portion shall, in the event the depot on said property shall cease to be so used, revert upon such cessation to the possession and control of the State. The balance of said depot property shall continue to be subject to this lease for the full term thereof.

(E) Atlanta Depot Property

This lease shall include the Atlanta Union Passenger Building and so much of the passenger depot property in Atlanta, Georgia, as is out lined in green on the aforesaid maps only so long as there is passenger

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1383

train service originating or terminating in the Atlanta Union Passenger Depot and being operated over substantially the entire length of the Western & Atlantic Railroad. In the event that prior to discontinuance of such passenger train service, the State shall wish to retake possession of said Building and the air space, which may be done only subject to the clearance provisions of this Lease, between Forsyth and Spring Streets not separately leased as of December 28, 1969, for the purpose of leasing such property for major commercial development, the State shall be permitted by Lessee so to retake possession in accordance with the four numbered following provisions as conditions precedent:

(1) Upon wishing to retake possession the State shall give to Lessee notice in writing of such wish.

(2) Prior to giving such notice, the State shall confer with Lessee concerning said wish and concerning replacement structures and facilities to substitute for said Building.
(3) Upon there being available for use and occupancy by Lessee adequate replacement structures and facilities (including structures and facilities supplemental to, sustaining of or related to passenger train operations, over the Western & Atlantic Railroad, which language shall include, but not be limited to, structures and facilities for handl ing mail, baggage and express) reasonably satisfactory to Lessee as to location, design, physical condition and facilitation of its operations of passenger trains over the Western & Atlantic Railroad, Lessee shall relinquish to the State possession of said Building and air space, it being understood that the cost of said replacement structures and facilities (including structures and facilities supplemenal to, sustaining of or related to passenger train operations over the Western & Atlantic Rail road) shall not be borne by Lessee and, further, that the cost of trans ferring Lessee's operations to such replacement structures and facilities shall not be borne by Lessee.
(4) The work of construction and replacement shall be performed at such reasonable times and in accordance with such reasonable stan dards and specifications as may be established by Lessee.
In the event discontinuance of said passenger train service shall be authorized and effected and, at such time, the State shall not have retaken possession as above provided for, then 90 days after discontin uance shall have been authorized and effected said Depot Building (in cluding the air space, subject to the clearance provisions of this lease, between Forsyth Street and Spring Street not separately leased as of December 28, 1969) shall revert to the possession and control of the State. If, upon the effective date of discontinuance of said passenger train service, State shall have retaken possession as above provided for, Lessee shall, within 90 days after discontinuance shall have been authorized and effected, surrender to State such possessory right in the replacement depot building structures (including air space above 23 feet above the top of the rails as might be occupied by such structures) as shall be then enjoyed by Lessee.

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In the event that passenger train service shall be discontinued as above referred to, then as to the balance of the property outlined in green, the parties hereto will consider, in good faith, the further need of Lessee for railroad purposes of any or all thereof, to the end of reaching agreement as to the continuation in this lease of all or any part thereof. As to said balance of the property outlined in green, the Lessee agrees to advise the State within 90 days after the discontinuance of passenger service if that property so scheduled to revert, or any portion thereof, is required by the Lessee for railroad operating purposes, together with the justification for such requirement. The State agrees that it will advise the Lessee within 90 days after receipt of such notice of the State's acceptance or rejection of Lessee's requst. Should the State re ject such request by Lessee the parties will in good faith endeavor to negotiate a satisfactory agreement whereby Lessee may be permitted continued use of all or some portion of said property. Should the parties be unable to reach such satisfactory agreement a determination shall be made by arbitration as now provided in Sections 7-201 to 7-224, both inclusive, of the Code of Georgia of 1933.

(P) Wall Street

It is understood and agreed by and between the parties hereto that in the event State shall, during the term of this lease, wish to allow the use of a portion of the property herein leased for purposes of a public road by widening and extending present Wall Street in Atlanta, Lessee will accede to removing from this lease so much of the leased property as is necessary to provide for such purpose a parcel of not more than fifty-two (52) feet uniform width, said width to be measured from the July 1, 1966 eastern right-of-way boundary of the Western & Atl antic Railroad and to include that property outlined in yellow on Map No. 1 of the maps referred to in the first paragraph of this Section One, with such removal to be subject to the following conditions precedent:

(1) There shall be made available to Lessee, at no cost to it and on Western & Atlantic Railroad property in the vicinity of existing Wall Street presently owned by the State or on property contiguous thereto, not less than two main tracks (together with reasonably necessary track connections, structures and appurtenances, either on or off said parcel) and sufficient right-of-way therefor, all in condition to provide for Lessee's operation over said tracks in a safe, convenient, expeditious and economical manner. Said tracks shall be so designed, constructed and placed as to allow a horizontal clearance of at least ten feet between' the face of any pier, pillar, column or other obstruction and the center line of the nearest track on either side thereof and a horizontal clear ance of at least fourteen feet between center lines of tracks when there is no pier, pillar, column or other obstruction between said tracks, except where then-existing horizontal clearances are less, such then-existing horizontal clearances may prevail at that location. However, if any then-existing pier, pillar, column or other obstruction shall be removed in the course of such widening and extending, the specific clearances re ferred to in the next preceding sentence shall thereafter prevail. Said clearances shall extend uniformly from a vertical extension upward of said center lines for the distance of the prevailing vertical clearance. All work of removal, relocation and construction of tracks, structures and appurtenances required, directly or indirectly, by reason of the

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widening and extending of Wall Street shall be performed in accordance with such plans and specifications, and at such reasonable times, as may be established and approved by Lessee and at no cost to Lessee.

(2) Any additional land needed to permit the relocation and con struction of said cracks, structures and appurtenances shall be acquired by State without cost to Lessee and shall, promptly upon acquisition, be subjected to the provisions of this Lease.

(3) The aforesaid portion of the right-of-way subject to removal shall not be removed from this Lease until after completion of the work contemplated in the foregoing paragraphs.

(4) The State shall require those performing said work of re moval, relocation and construction to make arrangements satisfactory in form and content to Lessee to hold Lessee harmless from and in demnify it against, any loss, expense, or damage (including loss, ex pense or damage as a result of interference with its operation) suffered, directly or indirectly, by it from or by reason of any acts or omissions during or by reason of the work of removal, relocation and construction.

(5) Any widening and extending of Wall Street shall be in such manner that Wall Street, as widened and extended, and the traffic thereon, shall not present a hazard to the safe, convenient, expeditious, economical and healthful operation of the railroad. State shall, at the request of Lessee, require, as a condition precedent to the widening and extending of Wall Street, that Fairlie Street be closed to vehicular traf fic to the extent that said Fairlie Street crosses the properties herein leased.

ADDITIONS:

(A) The State proposes to acquire at a later date such of the rail road properties and facilities listed in Appendix "A" hereto, that it may acquire under the provisions of the lease of the Western & Atlantic Railroad which terminates December 27, 1969 as are determined to be needed for and/or convenient to the operations of the Western & Atl antic Railroad and are available at a price reasonably related to their operational value. Any railroad properties or facilities so acquired, or otherwise acquired from the present lessee (i.e., the lessee under the lease of the Western & Atlantic Railroad which terminates December 27, 1969) by the State for the Western & Atlantic Railroad subsequent to July 1, 1966, shall be added to the properties and facilities listed above, subject to the exceptions as to air, mineral and sub-surface easement rights listed above, and the Lessee agrees to pay to the State, over and above the rental specified in Section Four of this lease, an additional annual rental for said properties or facilities so acquired consisting of five (5) per cent of the price paid by the State for said properties and facilities as determined in accordance with the provisions of this para graph. In the event of the failure of the State and the Lessee to agree on such price to be paid by the State for said properties and facilities, the amount thereof shall be determined by arbitration as now provided in Sections 7-201 to 7-224, both inclusive, of the Code of Georgia of 1933. Nothing in the foregoing sentence shall be deemed to have waived such

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rights as are held by the present lessee (i.e., the lessee under the lease of the Western & Atlantic Railroad which terminates December 27, 1969) to have the price of said properties and facilities determined in accord ance with the provisions of that lease.

The references in Section One of this lease to "sub-surface ease ments" and "sub-surface easement rights" are for the purpose only of making provision for possible use by the Metropolitan Atlanta Rapid Transit Authority or other public authority having a like function, and are not general reservations, but are limited to that one purpose.

All being the property of the State of Georgia, and which the said Acts of the General Assembly of Georgia hereinbefore mentioned authorizd the State Properties Control Commission to lease.

TWO: Subject to and in accordance with the terms, limitations and provisions of this contract of lease and of the several Acts of the General Assembly authorizing the same, the State, as lessor, hereby grants to Lessee the right to possess and enjoy the use of said properties leased herein and further covenants the quiet and and peaceful possession and enjoyment of all the property herein leased to the Lessee.

THREE: In view of the participation of each in the preparation of this lease, the State and Lessee agree that if it becomes necessary to construe any of the provisions of this lease, there shall be no pre sumption for or against either party on the ground of its participation in such preparation.

FOUR: The said Lessee covenants and agrees that as rent for the said Western & Atlantic Railroad it will pay into the treasury of the State a base annual rental of ONE MILLION dollars. Said base annual rental shall be the rental for the first calendar year of this lease, com mencing January 1, 1970. Each suceeding calendar year of this lease Lessee shall pay, in addition to said base annual rental, an amount equal to the product obtained by multiplying the said base annual rental by an escalation factor of 2.5 per cent times the number of calendar years the lease has run through the end of the preceding year. Such annual rentals are to be paid in equal monthly installments in advance, on or before the first day of each and every month during the period of the lease, the first payment to include, as rent for the four days of December 28-31, 1969, the additional amount of 4/365's of the said base annual rental.

After the first calendar year of this lease, Lessee shall also pay annually to the State such an amount, if any, as may be necessary to cause the total annual payments for the then-current year to the State under this Section of the lease to equal that percentage of Lessee's rail way operating revenues for the then-current year as the said base an nual rental is of the 1966 railway operating revenues of Lessee. If Lessee operated a railroad in 1966, but did not then operate the Western & Atl antic Railroad, Lessee's 1966 railway operating revenues shall be in creased by $13,031,892 (the 1966 railway operating revenues of the Western & Atlantic Railroad as reported to the Georgia Public Service Commission) and the resultant total shall be substituted for the 1966 railway operating revenues factor in the computation of said percent-

TUESDAY, FEBRUARY 13, 1968

1387

age. If Lessee did not operate a railroad in 1966; its railway operating revenues for the first calendar year of this lease shall be substituted for the 1966 railway operating revenues factor in the computation of said percentage. The additional annual rental, if any, so computed shall be paid to the State on or before April 1 of the year following the year for which due. If Lessee defaults on payment of said additional annual rental by that date and if said additional annual rental is not paid within 30 days after notice of said default is given to Lessee by the State, the State may, at its option, declare this lease forfeited with all the penalties of forfeiture as provided in this Section Four.

The parties recognize that Lessee or a successor lessee may, after the date of execution of this lease, be a party to a corporate merger, con solidation or other transaction subject to the approval of and author ization by the Interstate Commerce Commission by which the proper ties producing railway operating revenues of Lessee (or those of a suc cessor lessee) during the term of this lease may be materially enlarged or increased. It is the intention of the parties that, in case of any such corporate merger, consolidation or other transaction, adjustment be made in the factors used to compute the additional rental provided for in the second paragraph of this Section Four, the purpose of the adjust ment being to allow such additional rental therefor to be so computed as to be related only to the railway operating revenues produced by LOUISVILLE AND NASHVILLE RAILROAD COMPANY lines as those lines were constituted on December 31, 1966, including the lines of the Western & Atlantic Railroad as those lines were constituted on December 31, 1966. To that end, in the event of such a merger, con solidation or other transaction, then, at the request of Lessee or a suc cessor lessee, as the case may be, such adjustment shall be made by re lating the railway operating revenues of Lessee or successor lessee, as the case may be, for the fifth year (plus those of the Western & Atlantic Railroad if not operated by Lessee or a successor lessee in said fifth year) prior to the year of the effective date of merger, consolidation or other transaction, to the sum of the railway operating revenues of
Lessee or successor lessee, as the case may be, (plus those of the West ern & Atlantic Railroad if not operated by Lessee or a successor lessee
in said fifth year) plus the railway operating revenues of the other company or companies parties to the merger, consolidation or other
transaction or of the properties merged, consolidated or acquired for the said fifth year, and therefrom deriving a new percentage which shall, for the years of the lease term subsequent to the year of the effective
date of such merger, consolidation or other transaction, or to the year of the request of Lessee for such adjustment, whichever is later, be applied to the railway operating revenues of Lessee or successor lessee, as the
case may be, in such manner as to fulfill the purpose of said adjustment, or by such other method, prescribed by the Interstate Commerce Com
mission and acceptable to the parties, as shall permit the computation of said additional rental so that it shall thereafter be related only to the
railway operating revenues produced by LOUISVILLE AND NASH VILLE RAILROAD COMPANY lines as those lines were constituted on December 31, 1966, including the lines of the Western & Atlantic
Railroad as those lines were constituted on December 31, 1966. Operation of the Western & Atlantic Railroad under this lease by lessee whose
railroad operations prior to the effective date of this lease had not in-

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eluded the Western & Atlantic Railroad or the acquisition by the State of additional property or facilities for the Western & Atlantic Railroad shall not be considered such transactions as to require said adjustment.

The railway operating revenues referred to in this Section Four shall be determined by reference to the pertinent annual reports to the Interstate Commerce Commission, and those reports and revenues of Lessee shall include railway operating revenues from Lessee's operation of the Western & Atlantic Railroad; Provided that, to the extent it may be necessary for the purpose of any computation to be made under this Section Four to determine the individual railway operating revenues of the Western & Atlantic Railroad, those revenues shall be determined by reference to reports filed with the Georgia Public Service Commission.
The said Lessee further agrees to deposit with the Treasurer of the State a surety bond issued by a company licensed to do business in the State of Georgia in the amount of one year's base rental or, at Lessee's option, recognized valid bonds of the United States, in an aggregate par value equal to one year's base rental.

Should said bonds of the United States, if so deposited by the Lessee, at any time depreciate more than 8.25 per cent in value below their par value and continue so depreciated for four consecutive months or be otherwise reduced, the Lessee shall within thirty days following notice by the State of such four months depreciation or reduction make good said deposit by the deposit of other bonds of like kind, so that bonds at par and market value of at least the amount of the annaul base rental of Lessee shall at all times be on deposit by Lessee with the Treasurer, as aforesaid, and in default thereof the State may, in its discretion, de clare this lease forfeited, with all the incidents of forfeiture herein provided. If at any time during the term of this lease there shall be on deposit with the Treasurer, bonds of the United States in an amount, measured by market value, of more than one year's base rental and if such condition shall continue four consecutive months, then bonds rep resenting such excess value shall, upon request to the State by Lessee, delivered to Lessee.
The bonds, whether surety or United States government, so de posited by the Lessee shall be regarded merely as collateral security for the faithful performance by the Lessee of the terms of this lease contract, and shall not be held as exhaustive of other rights of the State, as lessor. And after said bonds have been applied, in whole or in part, as damage penalty or forfeiture, for any act done, or omitted to be done, or any violation of the term of the Lease as herein provided, the Lessee shall be liable further to the State for any damage caused by any branch or forfeiture under such contract by such Lessee and not compen sated for by such application.

The Lessee through any person authorized by it, shall have access to any United States government bonds so deposited for the purpose of clipping the coupons thereof, in order to collect the interest on said bonds.
In the event the Lessee shall fail or refuse to pay the aforesaid monthly rental to the Treasurer of the State within twenty days after the time named in this Section for the payment of such monthly rental,

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the State may collect out of the security on deposit with it the amount of such unpaid rental. If at any time the Lessee shall be in default in an amount as much as six months' rental, or if the Lessee fails or re fuses to comply with this lease contract or breaches any of the covenants or conditions thereof, the State, at its option, may declare this lease forfeited and take such steps as required by law for approval of lease to such other party or for such other method of operation as the State may elect, and after execution of such action the State may apply the remaining security deposited as damages on account of the forfeiture, as far as the same may go.
If upon the termination or expiration of this lease, Lessee shall have well and truly performed the undertaking of this lease, any bonds of the United States on deposit with the State shall be returned to the Lessee.
FIVE: The Lessee agrees that it will at all times during the con tinuance of this lease keep and maintain said railroad, including all of its structures, equipment and appurtenances used in connection there with, including facilities added to the property of the State under Sec tions One, Six and Thirteen of this contract, in a condition at least equal to that of the main line of railroads within the State of Georgia which are classified from time to time by the Interstate Commerce Commission as Class I Railroads, and adequately adapted efficiently, safely and expeditiously to serve the public as a common carrier; PROVIDED, that if during the period of this lease the Lessee own, operates or controls a competing line or lines of railroad between Chattanooga, Tennessee, and Atlanta, Georgia (including, but not limited to, the line of the Southern Railway between Atlanta, Georgia and Chattanooga, Tennes see and the line of the Central of Georgia Railway between Atlanta, Georgia and Chattanooga, Tennessee, via Griffin, or any combination of said lines) said Lessee during such period of ownership, operation or control of such competing line or lines:
(1) shall maintain the tracks and facilities of the Western & Atl antic Railroad in sufficiently good condition to permit the safe passage of railroad equipment of gross weights not less than those shown on the following table permitted on said Western & Atlantic Railroad and at speeds not less than those shown on Louisville & Nashville Railroad, Western & Atlantic Division, Operating Timetable No. 2, dated October 29, 1967:
Freight Cars--263,000 Ib. gross weight on 4 axles, having a distance between the face of the coupler and the center of the truck of 6 feet 3 inches; having an axle spacing in the truck of 5 feet 8 inches; and having a coupled length of 47 feet 6 inches. 315,000 Ib. gross weight on 4 axles, having a dis tance from the face of the coupler to the end axle of 3 feet 6 inches; having an axle spacing in the truck of 6 feet 0 inches; and having a coupled length of 54 feet 0 inches. 394,500 Ib. gross weight on 6 axles, having a dis tance between the face of the coupler to the end axle of 3 feet 8 1/2 inches; having an axle spacing in the truck of 5 feet 6 inches; and having a coupled length of 73 feet 10 1/2 inches.

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Locomotives--396,000 Ib. gross weight (type 6-6 locomotives) 265,000 Ib. gross weight (type 4-4 locomotives)
Axle Loadings--66,000 Ib. gross weight per axle;

(2) shall not reduce or alter the passenger service operated on the Western & Atlantic Railroad below the levels in effect thereon on Dec ember 27, 1969, without first securing regulatory commission approval, but only if such approval is required by applicable laws in effect at the time of the proposed change;

(3) shall not reduce the frequency of local freight and switching service available to shippers located on the Western & Atlantic Railroad below the levels in effect thereon on December 27, 1969, without first se curing regulatory commission approval, but only if such approval is re quired by applicable laws in effect at the time of the proposed change;

(4) shall endeavor to so maintain the volume of through freight movement on the Western & Atlantic Railroad so that for each year of the lease the ratio of the total freight car-miles of all traffic moving the entire distance between Chattanooga, Tennessee and Atlanta, Georgia over the Western & Atlantic Railroad to the total freight car-miles of all traffic moving the entire distance between Chattanooga, Tennessee (including Ooltewah and Cohutta) and Atlanta, Georgia (including Griffin) over the competing line or lines of the Lessee shall be not less than such ratio for the year 1966. The Lessee shall furnish to the State Properties Control Commission, not later than April 1 of the following year, a written report of such total freight car-miles on both the West ern & Atlantic Railroad and said competing line or lines for the preced ing calendar year. If in any year such freight movement on the West ern & Atlantic Railroad falls below such ratio, the Lessee shall furnish to the State Properties Control Commission, not later than April 1 of the following year, full explanation of such reduction in traffic and what steps are being taken to rectify such situation. In event of such reduc tion, the Lessee specifically agrees to undertake such added solicitation and reasonable internal routing as may be indicated by the circumstances to be needed to offset such reduction in traffic. If such situation persists as long as two consecutive additional years without explanation there for satisfactory to the State the Lessee shall, at the option of the State, be deemed to have breached this condition of this lease and to be subject to the penalty and forfeiture provisions of Section Four hereof. For the purpose of this section "through freight movement" shall be considered to be the freight cars moving between the switching district at Atlanta (including Griffin) and Chattanooga (including Ooltewah and Cohutta) and the mileage of such freight cars which originate or terminate at points on the line of road between switching districts shall not be in cluded in establishing this ratio.

In the event trackage rights covering the entire line from Chat tanooga to Atlanta would be granted by the Lessee to others the total freight car-miles generated by such traffic moving the entire distance between Chattanooga and Atlanta may be included for the purpose of establishing the ratios of traffic volume required under this section;
(5) Lessee further agrees that it will exert its best efforts in good faith to obtain the location of new industries, as well as the expansion of

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existing industries, upon the Western & Atlantic Railroad to the same extent that it solicits the location and/or expansion of industries along the lines of railroad which it owns, operates or controls. Lessee shall furnish to the State Properties Control Commission, not later than April 1 of the following year, a written report for the preceding calendar year of industries located or expanded on both the Western & Atlantic Rail road and the lines of railroad which it owns, operates or controls;

(6) Lessee further agrees that it will comply fully and in all re spects, except for emergency detours, with routing instructions received from shippers requesting or directing that their shipment be forwarded in whole or in part over the Western & Atlantic Railroad and will not prefer its own competing lines in the movements of traffic not routed by shippers.

SIX: It is further agreed as a part of the consideration of this contract of lease that, in addition to and exclusive of such expenditures as may be required for the proper repair and maintenance of said rail road and its properties, the Lessee shall during the period of this lease credit to an account called "Additions and Betterments of the Western & Atlantic Railroad" not less than $3,000,000. It is intended that $2,000,000 of said Additions and Betterments shall be expended (and charged to said account) at a rate of not less than $400,000 per five-year period beginning on January 1, 1970. The remaining $1,000,000 of said $3,000,000 may be expended by the Lessee as and when deemed by it expedient and desirable.

At the end of each such five-year period, any unexpended portion of the $400,000 scheduled to be expended and charged to said account during that period shall be expended during the subsequent five-year period and failing to be spent during this period will be paid over to the State at the expiration of said subsequent period at the time that the report hereinafter in this section required is made.
If, at the termination of the lease by maturity or for any cause prior to maturity, the Lessee shall have expended and charged to said Additions and Betterments account less than an average of $120,000 per year during the term the lease has run when terminated, the amount of any deficiency not so expended and charged shall be paid over to the State, less such sums as shall theretofore have been paid over to the State under the terms of the next preceding paragraph. Should the amount charged to such account be greater than the amount determined by multiplying $120,000 by the number of years the lease has run, the State does not agree to make, nor does the Lessee expect to receive, any payment by reason of such differnce, except in the event that due to unforeseen circumstances or technological improvements in the rail road transportation industry conditions would indicate that extraordi nary expenditures for additions and betterments should prudently be made, the conditions above will not preclude the Lessee from seeking the permission and the participation of the State in making and paying for such extraordinary additions and betterments, nor preclude the State from granting such permission and so participating.

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It is agreed and stipulated that expenditures for one or more of the following purposes shall qualify as expenditures for charge to the account of "Additions and Betterments of the Western & Atlantic Rail road":

(1) Expenditures for additions and betterments to the property of the Western & Atlantic Railroad and the total expenditures for these purposes shall not be less than $2,250,000 during the term of the lease;

(2) The cost of acquisition by Lessee during the term of this lease of rights-of-way diverging from the Western & Atlantic Railroad prop erty and of construction thereon by Lessee of tracks and other struc tures used for railroad operating purposes, for the purpose of providing railroad access to present or new shippers or receivers of freight. Said rights-of-way, tracks, and other structures will become the property of the State at the time they are constructed and will be charged to the account of Additions and Betterments of the Western & Atlantic Rail road. However, should the expenditures for said items covered in this paragraph exceed $750,000 at termination or expiration of this lease, the State shall select from all such projects built during the term of this lease which of said rights-of-way and tracks it desires to retain up to the original cost of construction of $750,000 and Lessee agrees that these selected right-of-way and tracks shall continue to be the property of the State provided that the State shall not have the right to designate for retention less than the entirety of any given property and tracks and structures thereon. Should the election of this option by the State as stated above in this paragraph result in transfer of ownership of cer tain parcels of property, rights-of-way or track structures, such trans fers and adjustments in ownership will be made at the expiration or termination of this lease. Any additional such rights-of-way, tracks and structures acquired by the Lessee during the term of this lease which are not selected for retention by the State as outlined above shall become the property of the Lessee but as such become subject to pur chase by the State as required by the provisions of Section Thirteen of this lease contract.

Amounts so charged to the Additions and Betterments account shall be as determined by the Uniform System of Accounts for Railroad Companies, as prescribed by the Interstate Commerce Commission at the time of the respective charges, except that when the line of road is improved or clearances are increased, the gross amount expended, less salvage, shall be credited.

All additions and betterments so made and charged against said account and all other lands, tracks and structures so acquired or con structed and charged against said account, shall thereupon be and be come the property of the State of Georgia, and shall become subject to the provisions of this lease, without abatement of or deduction from rent and without offset of any kind or character whatsoever.

For purposes of this lease, improvements to line of road shall in clude, but not be limited to, projects whereby tracks, switches, signals or other facilities are relocated for the purpose of improving the operat-

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1393

ing' or the maintenance characteristics of the railroad, reduction or eli mination of curves and grades, elimination of tunnels or bridges and removal of tracks from an unstable subgrade to a more stable subgrade.

The Lessee shall annually, on or before the 20th day of April in each and every year, prepare and file with the State Properties Control Commission, a statement showing in detail the character and extent of the improvements, betterments and additions claimed to have been made by the Lessee during the preceding calendar year ended December 31, which statement shall show the specific character of each expenditure and the amount thereof for which credit is claimed by the Lessee. The said State Properties Control Commission shall examine such state ment and account, and if found correct shall endorse approval thereon within sixty (60) days after submission thereof and file the same with the records of the Western & Atlantic Railroad.

If the said State Properties Control Commission shall question the correctness or propriety of the statement or of any item or charge contained therein, and if it shall fail to come to an agreement with the Lessee with respect thereto, the matter in dispute shall be submitted to arbitration in the manner as is now provided in the laws of the State of Georgia in Sections 7-201 to 7-224, both inclusive, of the Code of Georgia of 1933.

SEVEN: It is understood and agreed that in making improve ments and betterments for the use and operation of the Western & Atlantic Railroad the Lessee shall, insofar as it properly may, construct and maintain the same upon the property of the State, to the end that the integrity of the Western & Atlantic Railroad for the uses of trans portation shall be preserved and facilitated.
EIGHT: The State will give its consent to the revision and doubletracking of the line as deemed desirable by Lessee, and will cooperate in securing the land necessary therefor, at the expense of Lessee.
It is understood and agreed that no substantial departure in the route or direction of the line of railroad, nor abandonment or discon tinuance of any part of the line as now constructed and operated, shall be made or permitted without the previous consent of the State.
NINE: It is hereby determined and declared by the State and the Lessee that nothing contained in this agreement is intended to exempt from ad valorem taxes or subject to ad valorem taxes the interests of Lessee created by this agreement. In the event said properties or any interests therein are declared subject to ad valorem taxation of whatso ever nature in Georgia, by a final decision of a court of competent juris diction, then any such sums or taxes, including any interest and penalties occasioned by the actions or defaults of the State, shall be the respon sibility of the State and be paid by the State. Lessee agrees it will defend against any effort to levy ad valorem taxes on said property and inter ests therein, and that Lessee will prosecute and defend any necessary appeals to the highest State Court having jurisdiction in the matter. Lessee agrees that it will promptly notify the State upon receipt of notice of any intention to impose ad valorem taxes and the State may, at its option, elect to join Lessee in defending against such imposition,

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to intervene in any proceedings related thereto, or take such other action with respect thereto as it deems necessary or proper. In the event said property or any interests therein are once declared to be subject to ad valorem taxation by a decision of a court of competent jurisdiction, Lessee agrees that it will promptly notify the Governor and the General Assembly if then in session, and if not then in session, will notify the Governor, of such decision, and the State shall have until ten days after the conclusion of the next succeeding regular annual meeting of the General Assembly, or thirty days after the entry of such final decision, whichever occurs later, to pay such sums or taxes, or to settle, adjust, compromise, or provide for by legislation, such sums or taxes, and if not so paid or resolved within such time, then thereafter any such sums or taxes, whether for that or any subsequent period, may be paid by the Lessee and shall be deemed a payment, pro tanto, of rent, and the rent provided for in Section Four of this Lease shall be reduced by the amount of such sums or taxes paid by the Lessee.

It is further understood, covenanted and agreed that the Lessee shall, during the entire term of this agreement, pay all taxes (other than the ad valorem taxes referred to hereinabove), specifically includ ing, but not limited to, income taxes, and governmental charges, on or for the operation of said property. In addition the Lessee shall pay all tax assessments and governmental charges as may be imposed during the term of said agreement by the Government of the United States, and Lessee shall be required, and hereby obligates itself, to pay on all of that portion of the properties covered by this agreement and lying within the State of Tennessee all taxes and assessments that may be legally levied under the laws of said State. It is specifically agreed further that the rolling stock, equipment and other property owned by the Lessee and used in connection with the operation of the properties herein con veyed, shall all be subject to taxation as other like property is taxable in the State of Georgia.
It is further understood, agreed and declared, that where the words "grant," "grantee," "grantor," "lease," "sublease," "sublet," "lessor," "lessee," "sublessee," "tenant," "rent," "rental," and words of similar nature are used in this agreement, they are used for purposes of iden tification and convenience of expression.

TEN: The Lessee shall not sublet the property leased hereby, or any part thereof, except (1) such as is not needed for railroad pur poses, (2) for use as a rapid transit project or projects as defined in the Metropolitan Atlanta Rapid Transit Authority Act of 1965, as amended, or (3) where said subletting is made for a railroad purpose of the Lessee, including the location on said property or part thereof of a business or industry utilizing the subleased property in whole or in part for the shipping or receiving of freight moving over the Western & Atlantic Railroad; PROVIDED, that no part of the properties re ferred to in paragraphs (B), (C), (D) and (E) of the Exceptions in Section One of this lease shall be sublet without the prior consent of the State Properties Control Commission.

Where any property is so sublet pursuant to the provisions of this section, a copy of such sublease and any subsequent amendments there to shall be promptly supplied to the State Properties Control Commission

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for its records. No such subletting shall extend beyond the term of this lease, whether by expiration of time, forfeiture or other cause; nor shall any sublease give rise to any privity of contract as between the sub lessee and the State; nor introduce a new party to this contract, nor relieve the Lessee of any duty, obligation or requirement imposed upon it by law or by this contract of lease.

The Lessee shall pay to the State an amount equal to one-half of the net rental received (being the gross rental, less those expenses direct ly attributable to the property and which the contract of sublease pro vides shall be paid by Lessee) by the Lessee for each sublease made by Lessee and this payment shall be considered as an additional rental to that amount required by Section Four of this lease. All permanent im provements, betterments or additions in, to or on the property so sub leased made by the Lessee or its tenants shall become, upon the expira tion of this lease, the property of and belong to the State.

Should the Lessee elect to sublease all or any part of (1) the space over the tracks below the level of 23 feet above the top of rails of any track or (2) within 18 feet in a horizontal distance of the centerline of any track south of the Magnolia Street viaduct in Atlanta or (3) within 18 feet in a horizontal distance of the centerline of any main track north of the Magnolia Street viaduct in Atlanta, the Lessee agrees to pay to the State all of the rental received for that portion of the space so sublet.

ELEVEN: The granting by Lessee to other carriers of trackage rights over the Western & Atlantic Railroad or any part thereof, shall not be construed as a subleasing of the property such as is forbidden by Section Ten of this lease and Lessee agrees to grant trackage rights to other railroads over the tracks of the Western & Atlantic Railroad at all point where such rights were in effect on December 27, 1969.

Should the Lessee be other than the one leasing the Western & Atlantic Railroad immediately prior to December 28, 1969, Lessee agrees that, at the request of said former lessee or the State, it will grant to said former lessee trackage rights over the Western & Atlantic Railroad on traffic moving
(a) from Atlanta and beyond to Chattanooga and beyond, and vice versa,

(b) from beyond Junta on the L&N RR and connections to Atl anta and beyond, and vice versa,

(c) from beyond Elizabeth on the L&N RR and connections to Atl anta and beyond, and vice versa,

under terms and conditions generally observed in the railroad industry in the granting of rights of similar nature.

Except as provided above, Lessee shall not grant trackage rights over the Western & Atlantic Railroad or any part thereof without the prior consent in writing of the State.

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The Lessee agrees to pay to the State one-half of that portion of the rentals received from the grant of any and all trackage rights over the Western & Atlantic Railroad or any part thereof which are computed on the basis of a percentage return on capital investment in the rail road and facilities so utilized, or similar basis; such pavement to be con sidered as an additional rental to that amount required in Section Four of this lease. The Lessee is to retain all of that portion of the rentals received from the grant of such trackage rights which are computed on a wheelage or other use basis, where such rental payments are designed and designated to reimburse the Lessee for a fair proportion of amounts paid or incurred by it in conformity with accounting principles contained in the Uniform System of Accounts for Railroad Companies, as pre scribed by the Interstate Commerce Commission at the time of the respective charges, for maintenance, operating and other expenses.

Such trackage rights use of the tracks and property of the Western & Atlantic Railroad shall always be subject to all of the duties, obliga tions and liabilities of Lessee to the State under this contract of lease; and it is further understood and agreed that no contract or agreement for any servient use of the tracks or railway facilities of the Western & Atlantic Railroad, granted by Lessee to any other person, shall be construed as introducing a new party to the contract between Lessee and the State; and every such servient use shall be subject in all re spects to this contract of lease, and as between the State and Lessee such servient use shall be regarded as being the use by Lessee through its agent or tenant.

TWELVE: There is hereby expressly reserved to the State the power, exercisable on reasonable notice to the Lessee, to authorize the laying out, building and construction by others or by itself (hereinafter in this section referred to as "grantees") of such ways, streets, roads, bridges, viaducts, pipe lines, sewers, electric or communication lines and other utilities (except that no such authorization shall be granted for a crossing which would intersect any railroad tracks on the property and which is intended for any by a carrier, other than by highway, of freight or passengers), across or along (hereinafter called "crossings") the property herein leased as may be deemed by it to be in the interest of the people of Georgia, without liability on the part of the State over to the Lessee by abatement of lease money or otherwise, provided that the Lessee may establish, except as against the State, reasonable stand ards for terms of existence, compensation (except that no compensation shall be charged in the case of road crossings), service charges to Lessee and indemnity of Lessee. The Lessee may establish for all grantees rea sonable standards for construction, clearances, maintenance and safety of said crossings, and other provisions necessary to assure the safe, con venient, expeditious, economical and healthful operation of the railroad, which standards shall be embodied within a written contract between such grantee and Lessee in the usual form of contract from time to time used by Lessee for such crossings elsewhere on its railroad lines and provided further that all crossings (with the exception below as to road crossings) and all equipment and structures used in conjunction therewith will be constructed and maintained without cost to the Lessee. Where road crossings are involved the Lessee will participate in the cost of construction and maintenance of grade crossing protection de vices but to no greater extent than required by law from time to time of other railroads in the State of Georgia in like situations on their lines

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in Georgia. Where such road crossings involve grade separation struc tures the State shall be responsible for any portion of the cost of construction of such grade separation structures chargeable to the Western & Atlantic Railroad and the Lessee shall participate in the cost of maintenance thereof, but to no greater extent than required by law from time to time of other railroads in the State of Georgia in like situations on their lines in Georgia.

The reservation to the State of said power of authorization shall not be exclusive, and Lessee may, as it may from time to time deem proper, authorize such laying out, building and construction of such crossings. Lessee will within sixty (60) days following final approval thereof by Lessee furnish to the State Properties Control Commission for its re cords a copy of each contract so entered into by the Lessee and any grantee.

Nothing herein or in any authorization given by the State shall operate to prevent Lessee from recovering from any such grantee (which term "grantee" for the purposes of this sentence only shall not include the State) or other person, firm or corporation compensation for and reimbursement of any loss, expense or damage suffered by Lessee by reason of any such authorization or by reason of the actions or omissions of such grantee or their employees, agents or servants or by reasons of the actions or omissions of any other person, firm or corporation or their employees, agents, or servants, following the grant of such authoriza tion.

It is the intention of the parties that this Section Twelve shall pro vide only for crossings giving access across the railroad right-of-way. It is not intended that longitudinal encroachments be allowed on the right-of-way except as they may be required in the proper design of a transverse crossing.

THIRTEEN: In the event that expenditures for acquisition of rights-of-way and for construction as described in Paragraph (2) of Section Six of this lease shall not remain charged to Additions and Betterments account as provided in said Section Six, the State shall have the option of purchasing any such tracks and structures used for railroad operating purposes, built for the purpose of providing access to industries, owned by Lessee or by a subsidiary company of Lessee and diverging from the property of the Western & Atlantic Railroad, to gether with the underlying rights-of-way upon which these tracks and such other structures are constructed, should said rights-of-way be owned by Lessee or by a subsidiary company of Lessee. Said option shall be exercised not more than six months following termination or expiration of this lease.

Should the State elect to exercise its right to purchase these addi tional tracks and such other structures and the underlying rights-ofway, such purchase shall be in accordance with the following conditions, to wit:

(1) The State shall, not later than six (6) months after the ex piration or termination of this lease give to Lessee notice of its desire to acquire such property.

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(2) If Lessee is willing to sell such property to the State, its reasonable value at the time the notice of such desire to purchase is given to Lessee, shall be paid by the State of Georgia, and in the event the parties hereto cannot agree as to such reasonable value, the amount thereof shall be determined by arbitration as now provided in Sections 7-201 to 7-224, both inclusive, of the Code of Georgia of 1933.

(3) In the event Lessee is unwilling to sell any parcel or piece of property which the State gives notice it desires to purchase, the respec tive rights of each shall be determined by arbitration under the afore said sections of the Code of Georgia. The arbitrators shall first deter mine whether Lessee shall be required to sell said parcel or piece of property, in determining which the arbitrators shall give consideration to the necessity of each party for the use of said property or any por tions thereof. Should said arbitrators determine that Lessee should not, if unwilling, be required to sell the whole of said parcel or piece or any portion thereof, then said arbitration shall be final as provided in said Sections of the Code of Georgia. Should, on the other hand, said arbitrators determine that Lessee should, though unwilling, be required to sell the whole of said parcel or piece of property, then said arbitrators shall be authorized to proceed to fix a reasonable value to be paid by the State. Should said arbitrators determine that the said parcel or piece of property should be divided between the parties hereto, then they shall proceed to assign to each the particular portion thereof which, in their judgment, each should have, and shall also fix the reason able value of the portion so assigned to the State, which value shall then become the amount to be paid by the State. Should the arbitrators determine that said parcel should be so divided, then Lessee may require the State, as a condition to purchasing that part assigned to it by the arbitrators, to purchase the entire parcel or piece of property at the reasonable value thereof, that value, in like manner, to be determined by the arbitrators.
The option provisions of this Section shall apply only to acquisitions and construction taking place during the term of this lease, provided, that nothing in this lease shall be construed as giving to the State the right of option to any tracks or other structures used for railroad operating purposes constructed during the term of the lease on property owned prior to the beginning of this lease by the Lessee or by any company affiliated with or subsidiary to said Lessee and constructed for use directly in connection with any facility owned prior to the begin ning of this lease by the Lessee or by any company affiliated with or subsidiary to said Lessee.
(4) It is further agreed that whenever the Lessee shall acquire and be prepared to enter upon the use of any property of the character of that contemplated and referred to in this Section, it shall within ninety (90) days thereafter furnish to and file with the State Properties Control Commission a statement or report setting out a description of the property, its location, its contemplated use and the purchase price thereof. If the property shall have been acquired upon a consideration other than the payment of money, such consideration, together with the value of the property, shall be stated.
FOURTEEN: The right is hereby expressly reserved to the State to remove and cause to be discontinued any or all encroachments and other adverse uses and occupancies in and upon the right-of-way or upon

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other properties of the Western & Atlantic Railroad, or any part thereof, whether maintained under claim of lawful right or otherwise; and to this end Lessee hereby consents that the State may withhold delivery of pos session, or right of possession to Lessee of such parts of the right-of-way and other properties as may be so adversely used and occupied, until such encroachment and other adverse uses and occupancies shall have been removed or discontinued; and the State of Georgia shall undertake to remove and cause the discontinuance of such encroachments, uses and occupancies, acting therein in its own name and behalf as the owner of the property. It is further understood and agreed that Lessee will, if and when so requested, join with the State and become a party to any pro ceeding, judicial or otherwise, that may be instituted by and on behalf of the State for the purpose of freeing the right-of-way and property of the Western & Atlantic Railroad from all adverse uses and occupancies; provided that nothing herein shall be construed as applying to the ten ants and licensees of the present Lessee.
The State agrees that it will, at the written request of Lessee, as from time to time may be made, undertake to remove such encroach ments and other adverse uses and occupancies and cause them to be discontinued.
It is understood and agreed that when such adverse uses and oc cupancies shall have been removed by judicial proceedings or otherwise the use of the same for the remaining period of the lease shall inure to the benefit of Lessee to the same extent as the other portions of the rightof-way and properties herein conveyed shall inure to it under the terms and provisions of this contract.

FIFTEEN: Should, during the term of this lease, any building or other structure now upon the property of the State included in this lease, or any building or other structure hereafter constructed thereon, be damaged or destroyed by fire or other casualty, the Lessee shall advise the State Properties Control Commission in writing within sixty (60) days following such damage or destruction and if such building or structure be then reasonably needed for railroad operating purposes, Lessee binds and obligates itself to restore such building or structure, within a reasonable time, in substantially as good condition as previous to said damage or destruction, provided, that Lessee shall not be re quired to replace or restore any building or structure which may have been built wholly or partially on said State property by parties other than Lessee, prior lessees or the State.
SIXTEEN: It is expressly agreed that this lease is made subject to the aforesaid Acts and Resolutions of the General Assembly of Geor gia authorizing the making of this lease and that if any of the terms or conditions in this lease are found to be deficient or in conflict or in consistent with any of the terms or provisions of the aforementioned Acts or Resolutions of the General Assembly, in such event the terms and provisions of said Acts and Resolutions shall govern and control, and all other terms, conditions and provisions of this lease shall continue in full force and effect the same as if such statutory terms and provisions had been expressed herein.

SEVENTEEN: The State may, at its option, and by delivering to Lessee prior to January 1, 1992 written notice of the exercise of such option, renew this lease on the same terms and conditions as herein

1400

JOURNAL OF THE HOUSE,

contained, for an additional twenty-five year term commencing on Jan uary 1, 1955. Should the State determine not to exercise said option, then in that event the State will extend to Lessee the right to renew this lease for a rental and conditions which are fair and reasonable. The State agrees to advise Lessee prior to December 31, 1992, but not before January 1, 1992, of reasonable terms and conditions upon which the State will renew the lease, which advice shall constitute an offer to lease upon such terms and conditions. Lessee agrees to advise the State within six months after notification of the State's proposed terms if they are acceptable by Lessee, which notification may contain alternative proposed terms and conditions. If such alternative proposed terms and conditions are so contained, the parties shall endeavor, in good faith, to negotiate a satisfactory lease.
Should such good faith negotiations not result in agreement upon a further lease, nothing herein shall prohibit Lessee from subsequently bidding on or seeking renewal of the lease in competition with others or through further and later negotiation with the State.
EIGHTEEN: The State, at the time of the execution of this lease contract, represents that the land and improvements thereon comprising the railroad herein leased, are complete in all respects and in good serviceable condition, ready for operation. The Lessee shall receive the road and roadbed, stations and other property of the Western & Atlantic Railroad in its condition at the time this lease contract is executed, ordinary and natural wear and tear until the expiration of the present lease excepted. The State Properties Control Commission shall, not later than one year prior to the effective date of this lease, with such expert assistances as it may deem advisable, carefully examine the road, road bed and its appurtenances, and prepare a full and complete report of the condition of the same, and a copy of such report will be furnished to the Lessee.

NINETEEN: The Lessee shall keep adequate records and books of account, classified in accordance with the Interstate Commerce Com mission rules and regulations governing the accounting of Class I carriers by railroad, showing all items of whatever nature that are material to this lease contract in connection with the performance there of. The Lessee shall also maintain such other adequate records as will be sufficient to allow determination of compliance with the provisions of this lease. In addition, the Lessee will supply the State with two complete sets of valuation maps of the Western & Atlantic Railroad-- one set for the Georgia Public Service Commission and one set for the State Properties Control Commission--with such maps to be kept cur rent by the filing of revisions thereto of changes made in the railroad property and tracks. Such revised maps shall be filed not later than April 1 of each year.
TWENTY: The Western & Atlantic Railroad shall be identified and operated as a division or sub-division of Lessee's railroad system and the principal office of said division or sub-division shall be within the limits of the State of Georgia.
TWENTY-ONE: The Lessee shall permit inspection of the West ern & Atlantic Railroad by the authorized representatives of the State, identified by writing delivered or exhibited to the Lessee, at reasonable

TUESDAY, FEBRUARY 13, 1968

1401

times. The Lessee shall be notified in writing of any deficiencies noted under the terms of this lease contract.

TWENTY-TWO: Where delegation is made herein to the State Properties Control Commission or the Georgia Public Service Commis sion for the performance of any duties in connection with this lease, the State reserves the right through appropriate action by the General As sembly of the State of Georgia to appoint such other authority as it may designate to perform such duties.

TWENTY-THREE: It is recognized by the parties hereto that Metropolitan Atlanta Rapid Transit Authority, hereinafter called "Transit", may wish, during the term of this lease, to occupy, for pur poses of a public rapid transit system, a portion of the surface of the property herein leased. The portion as to which such occupancy may be desired is shown on maps prepared by Parsons, Brinckerhoff, Tudor and Bechtel, Nos. 10.01.01 and 10.01.02, dated June 22, 1967, on file in the office of the Secretary of the State Properties Control Commission and identified by the Secretary's signature as being those referred to in this section.

Lessee agrees that it will allow Transit access at reasonable times to the parcel described on said maps prepared by Parsons, Brinckerhoff, Tudor and Bechtel for the purpose of surveying, making soils analysis, and performing necessary engineering and design efforts, so long only as such access shall not, in the judgment of Lessee, interfere with the operations and convenience of the Lessee or other occupants of the parcel.

Lessee agrees that Transit may, upon complying with all of the following conditions precedent, take occupancy of the said portion of the surface:

1. Transit shall deliver to Lessee written notice of its intention to occupy said portion of the surface, said notice to be given not less than six (6) months prior to the time that Transit shall wish to commence the work described in paragraph 2 (a) immediately following.

2. Transit shall enter into a written agreement with Lessee in which Transit, in form and content satisfactory to Lessee, shall agree as to Lessee, successor lessees and other operators of railroad service over the railroad lines described herein that:

(a) Transit shall, at no cost to Lessee, successor lessees or other operators of railroad service over the railroad lines described herein, relocate any tracks, buildings, other structures, and appurtenances to all the foregoing, to locations, and in accordance with plans and spec ifications approved by Lessee. The work of relocation shall be performed at such reasonable times as may be established by Lessee. The term "relocation" shall include construction of such new facilities, (including provisions for access to the new and relocated facilities), as may, in the opinion of Lessee, be required in order that service rendered on or from the properties described in this lease shall neither be impaired nor
disadvantaged.

1402

JOURNAL OP THE HOUSE,

(b) Transit shall indemnify them, their sublessees and licensees, jointly and severally, against and hold them, their sublessees and lic ensees, harmless from any loss, expense or damage (including loss, ex pense or damage as a result of interference with the operations of one or more of them, their sublessees and licensees) suffered, directly or indirectly, by them, their sublessees or licensees from or by reason of acts or omissions of Transit, its agents, employees, servants, or indepen dent or other contractors during the work of survey, analysis, testing and necessary engineering and design efforts, the work of relocation and thereafter.

Upon completion of said work of relocation, Transit may take pos session of said portion of the surface and thereupon said portion shall, ipso facto, be removed from this Lease and Lessee shall have no further obligation to the State in respect of such portion.

As to that track presently designated on Western & Atlantic Rail road Station Map L&N 301-V-l/S-l-A as Track No. 12, Lessee agrees that, if said track be relocated in the course of construction of Transit's system, it shall be relocated to that location on Western & Atlantic Railroad property shown in red on that certain drawing No. 7.12.01 prepared by Parsons, Brinckerhoff, Tudor and Bechtel, bearing date February 21, 1967 (Rev. 1-11-16-67), on file in the office of the Secre tary of the State Properties Control Commission and identified by the Secretary's signature as being that map referred to in this sentence.

Nothing in this Lease shall be construed to authorize Transit to use any portion of the surface without the previous express permission of the State following payment by Transit to the State of such compen sation as may hereafter be determined to be due the State by reason of such proposed use.

The parties hereto recognize that the Metropolitan Atlanta Rapid Transit Authority may wish to use certain other portions of the subject railroad properties in the corporate limits of the City of Atlanta and in the counties of Fulton and Cobb for the purpose of a rapid transit project or projects as defined in the Metropolitan Atlanta Rapid Transit Authority Act of 1965, as amended. The State is desirous of cooperating with the said Transit Authority in planning, designing and constructing a rapid transit system, and it is the desire of the State in executing this lease that the Lessee will undertake to give its prompt, full and good faith cooperation to said Transit Authority, consistent with the maintenance of safe, efficient and economical railroad service to the public, as it undertakes to establish a rapid transit system in Metropolitan Atlanta.

TWENTY-FOUR: The State and the Lessee recognize that the consummation, terms, conditions, covenants and performance of this lease will be subject to the applicable provisions of the Interstate Com merce Act and to other applicable provisions of the law.

As soon as practicable but not more than ninety (90) calendar days after the date of execution of this lease contract, Lessee shall make ap plication to the Interstate Commerce Commission for an order author izing it to lease and operate the Western & Atlantic Railroad under the

TUESDAY, FEBRUARY 13, 1968

1403

terms and conditions herein set forth. Any provisions herein to the con trary notwithstanding, this lease contract shall not take force and effect, nor shall either party have any responsibility hereunder (except to make application to the Interstate Commerce Commission as in this section provided) or be liable to the other until there shall have become effective an order of the Interstate Commerce Commission authorizing Lessee to lease and operate the Western & Atlantic Railroad pursuant to the provisions of this lease contract on terms and conditions that are entirely acceptable to the State and to the Lessee, each acting in its sole discretion. It is specifically agreed that all provisions contained in this lease as of the date of execution by Lessee are so entirely acceptable to the State and to the Lessee and that the only terms and conditions that either the State or the Lessee has the right to consider further shall be those terms and conditions imposed by any order of the Inter state Commerce Commission in proceedings instituted seeking author ization and approval of this lease or which are changed, altered, deleted, added or affected directly or indirectly by any such order of the Inter state Commerce Commission in such proceedings or which shall impose on the State or the Lessee any additional conditions or requirements beyond those contained in this lease. As used in this paragraph, the word "affected" shall not be deemed to include authorization and ap proval of this lease as a whole by the Interstate Commerce Commission.

It is further agreed that if either party hereto is of the opinion that any such order of the Interstate Commerce Commission does so change, alter, delete from, add to, or affect, directly or indirectly, any provision of this lease, or impose on the State or on the Lessee any additional conditions or requirements beyond those contained in this lease, then such party shall, within thirty days after receipt of such an order, so advise the other party. The notice of such advice shall also contain a notice stating whether such advising party wishes to negotiate with the other party to the end of reaching agreement as to the continued effectiveness of this lease as it may have been required to be changed, altered, diminished by deletions, added to or otherwise affected. In the event the advising party wishes so to negotiate, and gives notice to that effect, the parties shall promptly commence such negotiations. If agreement shall be reached, this lease shall be appropriately amended, and a supplemental application, pleading or other document appropriate in the circumstances shall be promptly submitted by Lessee to the Inter state Commerce Commission.

IN WITNESS WHEREOF, the said

,, . , as

Governor of the State of Georgia and Chairman of the State Properties

Control Commission, has hereunto attached his official signature and

caused to be affixed the great seal of the State of Georgia and the seal

of the State Properties Control Commission, in behalf of said State, in

duplicate, and Lessee, LOUISVILLE AND NASHVILLE RAILROAD

1404

JOURNAL OF THE HOUSE,

COMPANY, has signed and executed this contract and has affixed its seal if any, thereto, also in duplicate, on the day and year above written.

STATE OF GEORGIA

BY -_.,,-__-_--_.---_ As Governor and as Chairman of the State Properties Control Commission

Signed, sealed and delivered in the presence of:

Attest: ___.__............ __.... -._.-._....__.__._.... As Secretary of the State Properties Control Commission

Notary Public
LOUISVILLE AND NASHVILLE RAILROAD COMPANY
Lessee By /s/ W. H. Kendall, President
/s/ C. Hayden Edwards, Secretary
Attest: Signed, sealed and delivered in the presence of:
/s/ Philip M. Lanier /s/ F. R. Wilton
Notary Public, Jefferson County, Ky. My Commission Expires December 5, 1969. (Seal).

APPENDIX A

List of Railroad Properties and Facilities referred to in "Additions" paragraph of Section One of Lease (Page 11).

Category C--Industrial Tracks Connection with the Western & Atlantic Railroad in which the Louisville & Nashville

Railroad has investment in track materials (right-of-way either industry-owned or public property)

City or Station

Name of Company or Industry

Track No.(s) Serving

Valuation Section Number

Cost to L&N off
W & A B/W (See Note 1)

Atlanta Atlanta Atlanta Atlanta Atlanta Atlanta Marietta Acworth Acworth
Carterville Cartersville Cartersville Cartersville
Carterville

Coca-Cola Co.

Coca-Cola Co.

Fulton Warehouse

Central Metal Hide Co.

Whitaker Oil Co. (McQueen Solvents)

E. I. DuPont

Southland Ice

Coats & Clark, Inc.

Mooravian Pulpwood Co.

Georgia Pipe Co.

J. W. Hodge (Harris Prod., Inc.)

Harris Products, Inc.

Kerr-McGee Oil, Inc.

Kerr-McGee Oil, Inc.

)

185 186
4 255 487
70 703 704 705 707 707-A 619 708

78 + 04 78 + 04 101 + 82 116 + 26 221 + 07 out 69f 1090 + 95 1793 + 24) 1802 + 51) 2475 + 94 out 707 at 1 + 22 out 707 at 6 + 14 2499 + 48

$ 481.88

1,104.48

,.3

990.98

Cj

148.63 823.56

Hw O

1,376.55

>

103.97

^

>TJ

2,742.40 1,649.37

H td

230.27 500.03

c>|

1,619.85

2

Carterville Carterville Carterville Carterville

Duncan Wholesale Co. Cannon Craft Co. The Moore Co. Bartow Seed & Feed

709 out 708 at 2 + 12 622 out 709 at 13 + 45

4,343.89
to
OS 00
2,378.21

Cartersville

Knight Mercantile Co.

710

Cartersville

Cotton Producers Assn.

Carterville

Candlewick Yarn Mills

fL&N to furnish access to E. I. DuPont (Track 70) through Waterworks Spur (Track 69)

2508+58

652.46

APPENDIX A

List of Railroad Properties and Facilities referred to in "Additions" paragraph of Section One of Lease (Page 11).

it*, o

Category C--Industrial Tracks Connection with the Western & Atlantic Railroad in which the Louisville & Nashville Oi

Railroad has investment in track materials (right-of-way either industry-owned or public property)

City or Station

Name of Company or Industry

Track No.(s) Serving

Valuation Section Number

Cost to L&N off W & A R/W
(See Note 1)

Cartersville

Southland Ice Co.

713

2509 + 43 )

Cartersville

Team Track

714

2514 + 46 )

$1,621.49

Adairsville
Adairsville Calhoun Calhoun Calhoun
Calhoun
Calhoun

Smith Bros.
C. M. Worthington Team Track Unused Track Moss Builders Supply
Farmers Mutual Exchange
Moss Gin & Feed Co.

724

3602 + 88

725

4112 + 67

727

4174 + 21

726

4157 + 57 )

503.60 O
d

717.20

708.26

f

O

Calhoun

Echota Cotton Mill

.Calhoun Dalton Dalton

Echota Cotton Mill Sinclair Refining Co. Sims Textile Warehouse

Dalton Dalton

Retail Service, Inc. Acme Lumber & Supply Co.

Dalton

Bowen Bros.

Dalton

*Crown Cotton Mills

Dalton

*Crown Cotton Mills

Dalton

Unused (M. D. Smith)

Tyner

Adair & McCarty Co.

*Connects with track No. 732 owned by industry.

644,645 729
730

out 726 ) 5230 + 75
5236 + 30

731

5254 + 05

652

651

728

5215 + 74

704

6806+72

8,283.83

dOw

52.04

M

269.94

553.82
493.02 221.86 481.41 1,548.77

APPENDIX A

List of Railroad Properties and Facilities referred to in "Additions" paragraph of Section One of Lease (Page 11).

Category C--Industrial Tracks Connection with the Western & Atlantic Railroad in which the Louisville & Nashville Railroad has investment in track materials (right-of-way either industry-owned or public property)

City or
Station

Name of Company or Industry

Track No.(s)
Serving

Valuation Section Number

Cost to L&N off W & A E/W
(See Note 1)

Chattanooga Chattanooga
Chattanooga

Lead Track Cherokee Warehouse
Cherokee Warehouse

712

7085 + 02

6 out 712 at 8 + 25 )

)

7,8

out trk. 6 )

$ 649.99

dH

2,469.06

Mw

0

Note 1 --The figures shown under the heading "Cost" are as of August 31, 1967. They are subject to change upward or downward and to complete elimination, after such date.

-^

M td W UARY

to
00

APPENDIX A

fe

List of Railroad Properties and Facilities referred to in "Additions" paragraph of Section One of Lease (Page 11).

00

Category D--Lead tracks and team tracks connecting with Western & Atlantic Railroad where both tracks and right-ofway are owned or controlled by Louisville & Nashville Railroad; also industrial tracks connecting with such lead tracks

City or Station
Atlanta Atlanta
Atlanta Atlanta Atlanta Atlanta Atlanta Atlanta Atlanta Atlanta Atlanta (Southland Industrial District)

Name of Company or Industry
Lead Track Southern Hide Co., Pioneer Boneless Beef, McClure-Burnett, Foundation Whse. Terminal, Stockyard Teamtrack
Lead Track Stock lead Lead Track
Swift & Co. Swift & Co. Swift & Co. Swift & Co. Swift & Co. Lead Track
Lead Track
Standard Textile Mills Warehouse Lead Track
Empire Distributing Walro Realty Co. (R.C.A.) D. H. Overmeyer (The Dayco Corp.) National Blank Book Company J. P. Realty Co. (Howard Paper Co.) Lead Track Anderson McGriff Co. Weyerhaeuser Co. D & J Realty

Track No.(s) Serving
154

Valuation Section Number
out 116

700
5 116 485-A 148 8 30 149 481 553
111
111 Ind. Ex. 111-C
111-C Ind. Ex. 111-D 111-E 111-F 111-B 110
110 Ind. Ex. 110-A 110-B

135 + 96 )

out 116

)

145 + 78

228 + 70

out 485-A at 227 + 10

out 148

out 148

out 485-A at 226 + 35

out 485-A

191 + 64

)

out 553

)

out 111 at 52 + 0 out 111 at 20 + 47
Ex. 111-C out 111-C at 7 + 48 out 111-C at 14 + 52 out 111-C at 7 + 00
out 111-C at 15 + 69 out 111 at 26 + 34
Ex. 110 out 110 at 10 + 13
out 110 at 16 + 14

Cost to L&N off W & A E/W (See Note 1)
$ 5,343.09

2,722.62

1,938.23

*4,217.33

*2,668.66

*3,779.49

H

*3,446.14

ffi R

*9,189.29

M

o

102,908.94 (see Note 2)

din

14,661.27
1,269.76 2,469.20 2,902.92 2,396.14 42,050.74
3,340.59 11,494.28 Est.

APPENDIX A

List of Railroad Properties and Facilities referred to in "Additions" paragraph of Section One of Lease (Page 11).

Category D--Lead tracks and team tracks connecting with Western & Atlantic Railroad where both tracks and right-ofway are owned or controlled by Louisville & Nashville Railroad; also industrial tracks connecting with such lead tracks

City or Station

Name of Company or Industry

Track No.(s) Serving

Valuation Section Number

Cost to L&N off W & A R/W (See Note 1)

Atlanta (Southland Industrial District)

Lead Track Masonite Corporation Sacco Corp. (Pennick & Fort, Ltd.)
Lead Track Cherokee Invest. Co. (Mobiliner Tire Co.) E. L. Moon (Owen Corning Fiberglass) Realty Co. of Ga. (Howard Paper Co.) Ben J. Massell (Hotpoint Div.)
Anderson-McGriff
Lead Track
K. D. Holding Co. (Rheem Mfg. Co., Mod. Whse.)
Lead Track
Lead Track Westinghouse Elec. Co. (Lockheed
Aircraft Corp.) T. B. Minims (Fiber Corp.) and
(Gate City Service) Lead Track Kasa Investment Co. (U.S. Plywood) Lead Track

114 114 Ind. Ex.
130 126
126 Ind. Ex.
114-B
114-A 114-C
118
119
119 Ind. Ex. 120
132
120 Ind. Ex.
132 Ind. Ex. 124
124 Ind. Ex. 122

out 111 at 27 + 34 Ex. 114
out 114 at 9 + 53 out 114 at 11 + 05
Ex. 126
out 114 at 14 + 30
out 114 at 18 + 78 out 114 at 19 + 75 out 111 at 42 + 58
out 111 at 28 + 24
Ex. 119 out 111 at 45+ 00 )
out 120 at 6 + 07 )
Ex. 120
Ex. 132 out 120 at 2 + 89
Ex. 124 out 120 at 7 + 61

32,914.40

H

2,217.15

d

2,795.62

w

O

--- K|

3,012.96

ttot

6,247.69

2,406.79

c!

1,152.58

w

18,238.74

to
01 00
27,988.99

1,481.89 2,493.56

APPENDIX A

List of Railroad Properties and Facilities referred to in "Additions" paragraph of Section One of Lease (Page 11).

Category D--Lead tracks and team tracks connecting with Western & Atlantic Railroad where both tracks and right-ofway are owned or controlled by Louisville & Nashville Railroad; also industrial tracks connecting with such lead tracks

City or Station

Name of Company or Industry
Chatta. Southern Corp. (Reynolds Metals Co.)
Westinghouse Elec. Co. (Lockheed Aircraft Corp.)
Lead Track Southeastern Facilities Co. (General Cable Corp.)
Lead Track Lead Track Burger King Properties Hugh M. Marx (Piedmont Paper Co.) Lead Track
Freight Delivery Service Northside Corp. (Marquette Mfg.) Lead Track Wellston Co. (U. S. Post Office) Lead Track Trammell Crow (Accusti Engr. Co.) Lead Track A Ad Company, Inc. (Alcan
Aluminum Corp.) Walworth (Somerville Paper Co.) Lead Track Lead Track

Track No.(s) Serving
122 Ind. Ex.
120-A 123
123 Ind. Ex. 127 152 152-A 152-B 153
153-A, 153-B 127-A 131
131 Ind. Ex. 125
125 Ind. Ex. 128
128 Ind. Ex. 129 113
113-A

Valuation Section Number

Ex. 122
out 120 at 13 + 61 out 111 at 47+20
Ex. 123 out 111 at 29 + 25 out 127 at 4 + 12 out 152 at 5 + 80
out 152 out 152 at 6 + 39 )

out 153

)

out 127 at 5 + 55

out 127 at 7+59

Ex. 131

out 127 at 14 + 20

Ex. 125

out 127 at 15 + 83

Ex. 128 out 127 at 18 + 50 out 111 at 37+24
out 113

Cost to L&N off W & A E/W (See Note 1)

3,727.57 tr1

13,966.07

O*J

20,093.01

3,090.10 2,622.64

H W

77,520.24

O

cl

202.01

in

2,144.47

1,836.04

2,813.81

1,973.67 (see Note 2)
1,876.58

APPENDIX A

List of Railroad Properties and Facilities referred to in "Additions" paragraph of Section One of Lease (Page 11).

Category D--Lead tracks and team tracks connecting with Western & Atlantic Railroad where both tracks and right-ofway are owned or controlled by Louisville & Nashville Railroad; also industrial tracks connecting with such lead tracks

City or Station

Name of Company or Industry

Track No.(s) Serving

Valuation Section Number

Cost to L&N off W & A R/W (See Note 1)

Atlanta (Southland Industrial District)
" " " Bolton

O'Neal Steel Co.

113-A Ind. Ex.

Lead Track

112

National Dist. Co. Addison-Rudesal, Inc. Southern Baptist Conv. (Reynolds Metal) Lead Track (also Ga. Power Co.)

112 112-B 112-A 733

Bolton Bolton

Ga. Power Co. Ga. Power Co.

654 733-A )

Bolton

Ga. Power Co.

Bolton

Southern Cement Co.

North Atlanta Lead Track (also Overmeyer)

"

D. H. Overmeyer

"

Olympic Manufacturing Co.

Marietta

Lead Track

)

733-B ) 655 736
736-A 736-B

Ex. 113-A
out 111 at 45 + 18
extended out 112 at 3 + 25 out 112 at 11 + 40
400+12
out 733
out 733
out 733 419 + 05 out 736 out 736

(see Note 2) H

H

1,396.70

e

928.12

152,012.45
H W
39,175.44

148,721.82
$14,304.90 J 4,880.91
J 3,275.00 CO 03 00

Marietta

Sinclair Refining Co.

)

Marietta Marietta

Daniel Concrete Co. Gulf Oil Corporation

) 701
)

1035 + 59

4,033.05

Marietta

Standard Oil Co.

)

Marietta

Glover Machine Works (vacant) )

APPENDIX A

List of Railroad Properties and Facilities referred to in "Additions" paragraph of Section One of Lease (Page 11).

Category D--Lead tracks and team tracks connecting with Western & Atlantic Railroad where both tracks and right-ofway are owned or controlled by Louisville & Nashville Railroad; also industrial tracks connecting with such lead tracks

City or Station
Marietta
Marietta Marietta Marietta
Cartersville Cartersville Cartersville Cartersville Cartersville Cartersville Cartersville Cartersville Cartersville Cartersville
Cartersville Cartersville Cartersville Cartersville Cartersville Cartersville
"

Name of Company or Industry
Team Track

Team Track Team Track Grover Coal Co.
Glover Machine Works (vacant) Nunn-Better Industries Lead Track Chemical Products Corporation Chemical Products Corporation J. R. Dillinger Union Carbide Corporation Thompson-Weinman Co. Chemical Products Corporation Bartow Gravel Co. Thompson-Weinman Co.
Lead Track

William Davies Co.

T&L Warehouse Co.

Wiliaml Davies Co.

Union Carbide Corp.

Farmers Mutual Exch. Cotton Prod.

T. W. Duncan (Duncan Wholesale Co.)

Lead Track

)

Ore Loading Track

)

Track No.(s) " Serving
603
604 605 601 602 606 706 617 617-A, 617-B 612 653 616 614 615 613 656
656-C 656-F 656-A 656-D 656-E 656-B
711

Valuation Section Number
out 701 at 8+75 )
out 701 at 8 + 32 ) out 701 at 7 + 81 out 701 at 12 + 98 out 701 at 17 + 68 out 701 at 18+43
2468 + 41 out 706 at 13 + 65
out 617 out 706 at 16 + 50 out 706 at 18 + 14 out 706 at 27 + 60 out 706 at 28 + 62 out 706 at 29 + 45 out 706 at 30 + 17 out 706 at 12 + 00 )
out 656 at 39 + 59 out 656-C at 41 + 22 out 656 at 40 + 89 out 656 at 5 + 45 out 656 at 30 + 21 out 656 at 33+85
2498 + 09

Cost to L&N off
W & A R/W (See Note 1)

11,966.50

1,173.84

O ci

* 971.46

*1,637.42

*2,872.30 7,434.43 * 934.47

F O

$2,254.12 $1,011.94 * 999.01 $ $ 647.44 $1,195.64
26,623.23
4,196.99 Est. $2,868.24 $2,669.68 $2,789.02 $2,679.72
5,441.56

APPENDIX A

List of Railroad Properties and Facilities referred to in "Additions" paragraph of Section One of Lease (Page 11).

Category D--Lead tracks and team tracks connecting with Western & Atlantic Railroad where both tracks and right-ofway are owned or controlled by Louisville & Nashville Railroad; also industrial tracks connecting with such lead tracks

City or Station

Name of Company or Industry

Kingston

Aker Coal Co. Lead Track

)
Kingston Concrete Products Co. )

Chickamauga Lead Track

"

Southeast Polymers, Inc.

"

Martin Shaw (Jewel Tea Co.)

"

Lead Track

"

Burckart-Schier Chemical

"

J. Gilbert Stein (D. H. Overmeyer)

"

Industrial Lead (road crossing)

"

Moore-Handley

Tyner

Tyner Spur Lead Track

Tyner

Volunteer Army Ammunition Plant

& Farmers Chemical Assn., Inc.

Tyner

Van Heusen Corporation

Tyner

Team Track

Tyner

Standard Oil Co. (Esso)

Tyner

Shell Oil Co.

Tyner

Standard Oil Co.

E. Chattanooga Lead Track

E. Chattanooga C. J. Patterson (Holsum Bread Co.)

Track No. (s) Serving
625
717
725 725 Ind. Ex.
28 720 720 Ind. Ex. 30 26 29 718
718 Ind. Ex. 27 15 14 21 22 721
721 Ind. Ex.

Valuation Section Number
out 711
6684 + 21 Ex. 725 out 725 at 12 + 06 6703 + 59 Ex. 720 out 720 out 720 out 720 at 6 + 67 6803 + 20
Ex. 718 out 718 at 55+30 out 718 at 72 + 41 out 718 to 77 + 99
out 14 at 4 + 30 out 14 at 11 + 79
6999 + 15 Ex. 721

Cost to L&N off W & A R/W (See Note 1)
* 861.60

w

t)

K~

21,847.52

"

___

$3,146.58 13,185.97

Htd W

13,256.50 *3,710.56

W
Kj

10,138.47 139,647.93

s

OooS
$2,000.44 4,583.59
$ 851.26

2,438.44

APPENDIX A
List of Railroad Properties and Facilities referred to in "Additions" paragraph of Section One of Lease (Page 11).
Category D--Lead tracks and team tracks connecting with Western & Atlantic Railroad where both tracks and right-ofway are owned or controlled by Louisville & Nashville Railroad; also industrial tracks connecting with such lead tracks

City or
Station

Name of Company or Industry

Track No.(s) Serving

Valuation Section Number

Cost to L&N off W & A R/W (See Note 1)

E. Chattanooga Fleet Transport, Inc. E. Chattanooga Grant-Patton Milk Co. E. Chattanooga East Chattanooga Coal Co. )

"

E. R. Carpenter Co.

)

"

Chattanooga Tfr. & Storage Co.

721 Ind. Ex. 24-B
721-A
25

Ex. 721 out 721 at 3 + 28
out 721 at 5 + 71
out 721 at 7 + 63

$

$2,167.99

Od

$1,727.59

>

*Track materials only. Industry owns R/W.

fL&N has easement to R/W for indefinite period.

^Includes track materials in track 666-C. Industry owns R/W for track 656-C.

H W

Est.--Estimated.

H

W

Note 1--The figures shown under the heading "Cost" are as of August 31, 1967. They are subject to change upward or downward, and to com plete elimination after such date.

O
dw

Note 2--Investment of $102,908.94 includes lead tracks 553, 111, 112 and 113.

APPENDIX A

List of Railroad Properties and Facilities referred to in "Additions" paragraph of Section One of Lease (Page 11).

Category E--Yard Facilities

City or Station
Atlanta

Name of Facility
Tilford Yard

Track No.(s) Serving
Multiple

Cost to
L&N off W & A R/W
(See Note)
$14,353,299.73

Note--This figure includes work in progress at August 31, 1967. Of the above total, $658,595.21 represents the automobile facility; and _i 5892,547.04 the piggyback facility.

FOR CATEGORIES A AND B SEE TRACK FACILITIES LIST ATTACHED TO OFFICIAL LEASE MAPS OF THE WESTERN & ATLANTIC RAILROAD.

cCnO
00

1416

JOURNAL OF THE HOUSE,

The Speaker resolved the House into a Committee of the Whole for the purpose of considering the Resolution, designating Mr. Hale of the 1st as Chairman thereof.

The Committee of the Whole arose and through its Chairman reported HR 387-884 back to the House with the recommendation that the same Do Pass.

The report of the Committee, which was favorable to the adoption of the Resolution was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner

Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Dorminy Doster Douglas Edwards Egan Fallin Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway

Hall Hamilton Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Holder Hood Howard Hutchinson . Jenkins Johnson, A. S. Johnson, B.
Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Knapp Laite Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leggett Leonard Lewis Longino Lovell Lowrey

Magoon Malone Mason Matthews, C. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Oglesby Otwell Palmer

TUESDAY, FEBRUARY 13, 1968

1417

Paris Parker, C. A. Parker, H. W. Parrish Phillips Pickard Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, V. T.

Smith, W. L. Snow Starnes Steis Sullivan Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Turner Underwood Vaughan, D. N. Vaughn, C. R. Wamble Ward Wells Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Cook Dollar Hale Hargrett Higginbotham Hill Howell Jordan, W. H.

Lee, W. S. Levitas Matthews, D. R. Moreland Odom Pafford Peterson Smith, G. W.

Smith, J. R. Stalnaker Tucker Tye Walling Ware Westlake Mr. Speaker

On the adoption of the Resolution, the ayes were 181, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
Mr. Levitas of the 118th stated that he had been called from the floor of the House when the roll was called on HR 387-884, but had he been present would have voted "aye".
HB 1296. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to amend Section 92-3120 of the Code of Georgia, so as to provide that the gain or loss on property transferred to a corporation shall be handled as provided by Section 351 of the In ternal Code of 1954; and for other purposes.

1418

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

Mr. Egan of the 141st moves to amend HB 1296.
(1) by striking the word "solely" in line 11 of Section 1, and
(2) by striking the word "if" in line 13 of Section 1 and substituting the words "to the extent that"

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, as amended, the ayes were 116, nays 0.

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

HB 1152. By Messrs. Pickard and Buck of the 112th, Steis of the 100th, Farrar of the 118th, Egan of the 141st and Floyd of the 7th:
A Bill to be entitled an Act to provide that any Bill relative to the compensation of any person, officer or official which is fixed by law and any Bill containing provisions relative to such compensation must be introduced in the General Assembly during the first ten days of any session thereof; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 109, nays 3.

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

HB 864. By Messrs. Henderson of the 102nd and Nessmith of the 64th:
A Bill to be entitled an Act to amend Code Section 88-1305 relating to the Radiation Control Council, so as to provide that one member of the council shall be a veterinarian; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

TUESDAY, FEBRUARY 13, 1968

1419

On the passage of the Bill, the ayes were 109, nays 0.

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

HB 1103. By Messrs. Wilson of the 109th, Clarke of the 45th, Peterson of the 59th, Otwell of the 10th, Ross of the 31st, Wamble of the 90th and Grahl of the 52nd:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relating to the allotment of teachers; to establish certain criteria for first-grade students; and for other purposes.
The following Committee substitute was read and lost:
A BILL
To be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", approved January 24, 1964 (Ga. Laws, 1964, p. 3), as amended, so as to change the provisions relating to the allotment of teachers; to establish certain criteria in assigning first, second or third grade students; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as the "Minimum Foundation Program of Education Act", approved January 24, 1964 (Ga. Laws 1964, p. 3), as amended, is hereby amended by striking Section 11 in its entirety and inserting in lieu thereof a new Section 11 to read as follows:
"Section 11. Allotment of Teachers; Amount of Funds Needed for Payment of Salaried.--The State Board of Education shall annually allot teachers to local units of administration on the basis of one teacher for not more than 25 pupils in average daily at tendance in grades 8 through 12 and one teacher for not more than 28 pupils in average daily attendance in grades 1 through 7 of each local unit of administration during the first four months of the preceding school year, adjusted as provided for in Section 48 of this Act, provided, however, that during the next school year the amount of funds distributed to any local unit for this purpose shall not be in excess of the amount actually required by the local unit for payment of salaries of teachers actually employed by the local unit of administration. The amount of funds needed by a local unit to pay salaries of teachers shall be determined on a tenmonths basis in accordance with the State minimum salary schedule provided for in Section 9 of this Act. The State Board of Educa tion is authorized to prescribe uniform requirements and minimum standards respecting utilization of State-allotted teachers in public elementary and secondary schools of local units of administration. No first, second or third grade teacher in any system of the public

1420

JOURNAL OF THE HOUSE,

schools of this State shall be assigned more than 30 students, unless a waiver not to exceed one year in duration is first obtained from the State Board of Education."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

The following substitute, offered by Mr. Ross of the 31st, was read and adopted:
A BILL
To be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", approved January 24, 1964 (Ga. Laws 1964, p. 3), as amended, so as to establish certain criteria in assigning first, second or third grade students; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as the "Minimum Foundation Program of Education Act", approved January 24, 1964 (Ga. Laws 1964, p. 3), as amended, is hereby amended by striking Section 11 in its entirety and inserting in lieu thereof a new Section 11 to read as follows:
"Section 11. Allotment of Teachers; Amount of Funds Needed for Payment of Salaried.--The State Board of Education shall an nually allot teachers to local units of administration on the basis of one teacher per 25 pupils in average daily attendance in grades 8 through 12 and one teacher per 28 pupils in average daily at tendance in grades 1 through 7 of each local unit of administration during the first four months of the preceding school year, adjusted as provided for in Section 48 of this Act, provided, however, that during the next school year the amount of funds distributed to any local unit for this purpose shall not be in excess of the amount actually required by the local unit for payment of salaries of teach ers actually employed by the local unit of administration. The amount of funds needed by a local unit to pay salaries of teachers shall be determined on a ten-months basis in accordance with the State minimum salary schedule provided for in Section 9 of this Act. The State Board of Education is authorized to prescribe uniform requirements and minimum standards respecting utilization of Stateallotted teachers in public elementary and secondary school of local units of administration. No first, second or third grade teacher in any system of the public schools of this State shall be assigned more than 30 students, unless a waiver not to exceed one year in duration is first obtained from the State Board of Education." Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute.

TUESDAY, FEBRUARY 13, 1968

1421

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Battle Berry, C. E. Black Blalock Bond Bo stick Bo wen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Games Gates Chandler Cheeks Clarke Cole Collins, J. F. Conner Cooper, B. Cox Crowe, William Crowe, W. J. Dailey Daugherty Da vis DeLong Dent Dickinson Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards Egan Fallin Farmer Fleming

Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Higginbothani Holder Hood Howard Hutchinson Jenkins Johnson, A. S. Joiner
Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Knapp Laite Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Le vitas Lewis Lowrey Malone Mason Matthews, C. Matthews, D. R. Mauldin

Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Moreland Murphy Nash Nessmith Newton Northcutt Oglesby Otwell Pafford Palmer Parker, C. A. Parker, H. W. Parrish Peterson Phillips Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes

1422

JOURNAL OF THE HOUSE,

Steis Sweat Thompson, A. W. Threadgill Tucker Turner Underwood

Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells

Westlake Whaley Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Barfield Bennett Berry, J. K. Caldwell Cato Collins, M. Colwell Cook Cooper, J. R. Dean Farrar Hale

Harrison Hill Howell Johnson, B. Jordan, W. H. Lambert Longino Lovell Magoon Mullinax Nimmer Odom

Paris Pickard Shanahan Smith, J. R. Sullivan Thompson, R. Townsend Tye Wiggins Williams Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 170, nays 0.

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

HB 977. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to amend an Act governing and regulating the use of the public roads and highways of the State Highway Depart ment with certain powers and authority to enforce the provisions of this Act; and for other purposes .
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act governing and regulating the use of the public roads and highways of this State by providing the dimensions, length and weights of motor vehicles and providing penalties for the violation of same, approved March 27, 1941 (Ga. Laws 1941 p. 449), as amended, so as to vest the State Highway Department with certain powers and authority to enforce the provisions of this Act; to provide law enforcement officers and employees of the State Highway Department with authority to weigh and measure motor vehicles and to

TUESDAY, FEBRUARY 13, 1968

1423

order operators of vehicles to drive their vehicles upon scales to be weighed; to provide that each person who applies for and is issued a driver's license gives his consent to drive the vehicle he is driving upon scales to be weighed when ordered by law enforcement officers or employees of the State Highway Department; to amend an Act ap proved March 17, 1960 (Ga. Laws 1960, p. 1122), vesting the State Highway Board of Georgia with certain police powers, providing law enforcement officers and employees of the State Highway Department with authority to weigh and measure motor vehicles, and providing criminal penalties, so as to delete from Section 1A of said Act the word "Board" and substituting in lieu thereof the word "Department" and to delete from Section 2A of said Act the words "or to drive the vehicle upon the scales"; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1

An Act governing and regulating the use of the public roads and highways of this State by providing the dimensions, length and weights of motor vehicles and providing penalties for the violation of same, approved March 27, 1941 (Ga. Laws 1941, p. 449), as amended, is hereby amended by adding a new Section to be designated Section 1A, to read as follows:

"Section 1A. The State Highway Department is hereby vested with the authority to exercise certain powers and to designate, deputize and delegate to an appropriate member of a truck weighing crew the necessary authority to enforce the provisions of this Act with respect to dimensions, length and weights of motor vehicles permitted to be operated upon the public roads and highways of this State. Nothing contained herein shall be construed so as to permit any such designated member of a weighing crew to carry any firearm or weapon for the purpose of enforcing the provisions of this Act."

SECTION 2

Said Act is further amended by adding a new Section, to be known as Section 2A, to read as follows:

"Section 2A. Any law enforcement official or employee of the State Highway Department authorized to enforce the provisions of this Act who observes a motor vehicle being operated upon a public road or highway of the State and who has reason to believe that the size of the vehicle or the weight and load is unlawful is authorized to weigh and measure same. If the operator of said vehicle shall refuse to stop or to drive the vehicle upon the scales as directed by said law enforcement official or employee of the State Highway Department his driver's license shall be suspended for a period of not more than ninety (90) days by the Department of Public Safety if the State Highway Department shall so request. Each person who shall apply for a Georgia driver's license, or for a

1424

JOURNAL OF THE HOUSE,

renewal of same, hereby consents to drive the vehicle he shall be driving at any time, upon scales whenever ordered by a law en forcement official or authorized employee of the State Highway Department."

SECTION 3

An Act vesting the State Highway Board of Georgia with certain police powers, providing law enforcement officers and employees of the State Highway Department with authority to weigh and measure motor vehicles, and providing criminal penalties for the violation of the same, approved March 17, 1960 (Ga. Laws 1960, p. 1122), is hereby amended by striking from Section 1A of said Act the word "Board" and sub stituting in lieu thereof the word "Department" so that, as amended, Section 1A of said Act shall read as follows:

"Section 1A. The State Highway Department of Georgia is hereby invested with the authority to exercise certain police powers and by appropriate resolution to designate, deputize and delegate to an appropriate member of a truck weighing crew of the State Highway Department the necessary authority to enforce the pro visions of this Act with respect to dimensions, length and weights of motor vehicles permitted to be operated upon the public roads and highways of this State. Nothing contained herein shall be construed so as to permit any such designated member of a weighing crew to carry any firearm or weapon for the purpose of enforcing the provisions of this Act."

SECTION 4

Said Act (approved March 17, 1960 (Ga. Laws 1960, pp. 1122, 1123)) is further amended by striking from Section 2A the words "or to drive the vehicle upon the scales" so that, as amended, Section 2A shall read as follows:
"Section 2A. Any law enforcement officer or employee of the State Highway Department, authorized to enforce the provisions of this Act, who observes a motor vehicle being operated upon a public road or highway of the State and who has reason to believe that the size of the vehicle or the weight and load of the vehicle is unlawful is hereby authorized to weigh and measure same. If the operator of a motor vehicle sought to be weighed and measured shall refuse to stop upon proper order as directed by a person authorized by this Act to weigh or measure the vehicle, said operator shall be punished by a fine not to exceed $200.00. Said operator shall have the right to post an appropriate bond, which shall not exceed $400.00, when any law enforcement officer or employee of the State Highway Department, authorized to enforce the provisions of this Act, apprehends said operator for any vio lation of this Act."
SECTION 5
All laws and parts of laws in conflict with this Act are hereby repealed.

TUESDAY, FEBRUARY 13, 1968

1425

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, by substitute, the ayes were 107, nays 2.

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

HR 420-932. By Messrs. Northcutt of the 35th and Lane of the 126th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that no political entity or agency attempting to expand any airport facility shall exercise its power of eminent domain to condemn any building used as a residence or business until the occupants of said building have been relocated to equivalent facilities; to provide for the submis sion 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 III, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"No county, municipality, other political authority or agency of the State attempting to expand any airport, runway or related facility shall exercise its power of eminent domain to condemn any building used for a residence or place of business, whether owned, rented or leased by its occupant or occupants, until the occupant or occupants have been relocated to equivalent facilities by the county, municipality, other political authority or agency of the State."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

1426

JOURNAL OF THE HOUSE,

"YES ( ) Shall the Constitution be amended so as to pro vide that no political entity or agency attempting to expand any airport facility shall exercise its
"NO ( ) power of eminent domain to condemn any build ing used as a residence or business until the occu pants of said building have been relocated to equivalent facilities?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

By unanimous consent, further consideration of the Resolution was post poned until tomorrow, February 14, 1968.

Mr. Harris of the 118th moved that the House do now adjourn until 9:00 o'clock, tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 9:00 o'clock, tomorrow morning.

WEDNESDAY, FEBRUARY 14, 1968

1427

Representative Hall, Atlanta, Georgia Wednesday, February 14, 1968

The House met pursuant to adjournment at 9:00 o'clock A.M., this day and was called to order by the Speaker.

Prayer was offered by Rev. Charles E. McGowan, Pastor, Chapel Woods Presbyterian Church, Decatur, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Mr. Black of the 56th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

The following report of the Committee on Rules was read and adopted: Mr. Speaker:
Your Committee on Rules met and fixed the calendar for today's business, February 14, 1968, and submits the following:

1428

JOURNAL OF THE HOUSE,

HB

557. Board of Examiners, plumbing contractors

HB

682. Property sold for school taxes (Reconsidered)

HB

846. Exempt sales tax, food, private schools

HB

920. Solicitor-General Emeritus (Reconsidered)

HB

939. Banking law, common stock

HB

950. Peace Officers' Annuity Fund

HB

958. First Bail, matter of right

HB 1012. Legislative Retirement System, prior service

HB 1035. Ordinaries' Retirement, secretary

HB 1037. Retirement System, General Assembly

HB 1038. Burning of cross, public or private property

HB 1043. Residuary bequest, widow, debts, taxes, etc.

HB 1044. Appellate and Post Trial Procedure, judgments

HB 1061. Highway Department, grant permits to utilities

HB 1063. Georgia Interdepartmental Council on the Handicapped

HB 1080. Honorary drivers' license, change requirements

HB 1102. Officials and employees, mileage expense

HB 1135. Hospitalization, notice of examination hearing

HB 1144. Simulated court process, prohibit use to collect debt

HB 1176. Hospital Authority Law, revenue certificates

HB 1177. Hospital Authority Law, general funds

HB 1178. Political Party Conventions, rules

HB 1189. Voting machines, ballots, number

HB 1213. Solicitor-General, salary

HB 1217. Planning Commission, counties and municipalities

HB 1230. Pretrial, post-trial procedures

HB 1270. Fox hunting, Walker County

HB 1289. Commercial production of alligators

HR 379- 853. Juvenile Court Law Study Commission HR 414- 923. Create Committee, Urban & Municipal Affairs HR 420- 932. Power of Eminent Domain

HR 524-1104. Ad valorem taxes, public utilities property

HR 561-1220. Joint Committee, study insecticides, Etc.

SB

120. Driver intoxicated, change punishment

WEDNESDAY, FEBRUARY 14, 1968

1429

SB

151. Municipal primaries, election code

SB

189. State Revenue Commissioner, compensation

SB

214. Contract, statute of limitations

SR

146. Pertaining to Uniform Time

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Busbee of the 79th Vice-Chairman
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 1425. By Mr. Tucker of the 36th: A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Henry County, so as to pro vide for the election of commissioners by the qualified voters of the entire county; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1426. By Mr. Tucker of the 36th: A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Henry County; to provide for commissioner districts; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1427. By Mr. Tucker of the 36th:
A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court and the ordinary of Henry County on an annual salary in lieu of the fee basis of compensation, so as to change the com pensation of the clerk of the superior court and the ordinary; and for other purposes.
Referred to the Committee on Local Affairs.

HR 662-1427. By Mr. Tucker of the 36th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Henry County to levy a tax not to

1430

JOURNAL OF THE HOUSE,

exceed 2 mills per dollar on all taxable property located therein to retire bonded indebtedness and to otherwise support and maintain the opera tions of the Henry County Water Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HR 663-1427. By Mr. Tucker of the 36th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to change the form of government of Henry County; to provide for a county manager; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1428. By Mr. Black of the 56th:
A Bill to be entitled an Act to fix the compensation of the Commissioner of Roads and Revenues in counties having a population of not less than 2,750 nor more than 3,250; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1429. By Mr. Black of the 56th:
A Bill to be entitled an Act to provide that any municipality within a county of this State having a population of not less than 2,750 nor more than 3,250 may remove, obliterate, or abate any public or private nuisance found to be on private property in accordance with the provisions of this Act; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1430. By Messrs. Harris of the 85th and Harris of the 118th:
A Bill to be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding and modernizing pretrial, trial and cer tain post trial procedures in civil cases, so as to provide that service may be effected in cases involving less than $200.00 by leaving a copy of the summons and complaint at the most nortorious place of abode; and for other purposes.
Referred to the Committee on Judiciary.
HB 1431. By Messrs. Edwards of the 57th, Mullinax of the 42nd and Matthews of the 94th:
A Bill to be entitled an Act to provide a standard time for the entire State of Georgia and of all governmental agencies, governmental units and political subdivisions thereof; to provide that the State of Georgia shall be exempt from the provisions of the "Uniform Time Act of 1966"; and for other purposes.
Referred to the Committee on Industry.

WEDNESDAY, FEBRUARY 14, 1968

1431

HB 1432. By Messrs. Wiggins and Threadgill of the 32nd and Murphy of the 26th:
A Bill to be entitled an Act to create and establish an Airport Authority in and for the counties of Haralson and Carroll, and to authorize such Authority to acquire, construct, equip, maintain, operate, own and improve airports and landing fields for the use of aircraft which shall include related buildings, equipment and the usual and convenient facilities appertaining to such undertaking; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1433. By Mr. Branch of the 74th:
A Bill to be entitled an Act to amend an Act providing for a new charter for the City of Baxley, so as to provide that the mayor shall have a vote on all matters before the council; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1434. By Messrs. Mullinax and Ware of the 42nd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of West Point, so as to authorize the sale of certain property; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1435. By Mr. Savage of the 58th:
A Bill to be entitled an Act to consolidate the office of Tax Receiver and Tax Collector of Macon County into the office of the Tax Commis sioner of Macon County; and for other purposes.
Referred to the Committee on Local Affairs.
HR 664-1435. By Mr. Roach of the 15th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Cherokee County to establish and administer fire protection districts in said county; and for other purposes.
Referred to the Committee on Local Affairs.
HR 665-1435. By Messrs. Smith of the 114th, Tye and Whaley of the 115th, Battle of the 116th, Berry and Gignilliat of the 113th:
A Resolution proposing an amendment to the Constitution so as to pro vide the procedure whereby taxes other than ad valorem property taxes may be levied in the City of Savannah and to provide for a subsequent reduction of ad valorem taxes on real and personal property based upon the amount of funds received from such additional tax levies; and for other purposes.
Referred to the Committee on Local Affairs.

1432

JOURNAL OF THE HOUSE,

HR 666-1435. By Mr. Matthews of the 94th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the exemption from taxation of peanuts and pecans grown in this State and in the hands of processors, bulk dealers or brokers, but not longer than for the year next after their production; and for other purposes.
Referred to the Committee on Agriculture.

HR 667-1435. By Mr. Black of the 56th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the creation of a Charter Commission to study all matters relating to the consolidation of the governments of the Town of Cusseta and Chattahoochee County; and for other purposes.
Referred to the Committee on Local Affairs.

HR 668-1435. By Mr. Black of the 56th:
A Resolution proposing an amendment to the Constitution so as to create the Webster County Industrial Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1436. By Mr. Henderson of the 102nd:
A Bill to be entitled an Act to amend Code Chapter 27-4 relating to courts of inquiry and proceedings therein, so as to provide for holding a court of inquiry under certain circumstances within 24 hours following said arrest; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1437. By Mr. Steis of the 100th: A Bill to be entitled an Act to amend an Act creating a Small Claims Court in Harris County, so as to provide for the commencement of actions; to change the court costs; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1438. By Messrs. Levitas and Walling of the 118th, Jones and Buck of the 112th:
A Bill to be entitled an Act to prohibit the possession of certain types of firearms, dangerous weapons and silencers, to be known as the "Georgia Firearms and Weapons Act"; and for other purposes.
Referred to the Committee on Judiciary.

WEDNESDAY, FEBRUARY 14, 1968

1433

HB 1439. By Mr. Ross of the 31st:
A Bill to be entitled an Act to strike the words "Roads and Revenues" from the official names of all the governing authorities of the 159 counties of the State of Georgia, so that the official names of the governing authorities will be changed from the "Board of Commis sioners of Roads and Revenues" to the "Board of Commissioners"; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1440. By Messrs. Snow, Hale and Crowe of the 1st and Ware of the 2nd:
A Bill to be entitled an Act to amend an Act incorporating the Town of Fort Oglethorpe, so as to provide for staggered terms of office for the mayor and aldermen; and for other purposes.
Referred to the Committee on Local Affairs.

HR 669-1440. By Messrs. Smith, Leonard and Cole of the 3rd: A Resolution proposing an amendment to the Constitution so as to create the City of Dalton Building Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HR 670-1440. By Messrs. Cole, Smith and Leonard of the 3rd:
A Resolution proposing an amendment to the Constitution so as to create the Dalton-Whitfield County Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1441. By Mr. Grahl of the 52nd:
A Bill to be entitled an Act to place the tax commissioner of Peach County upon an annual salary in lieu of the fee system of compensa tion; to provide for personnel within the tax commissioner's office; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1442. By Mr. Grahl of the 52nd:
A Bill to be entitled an Act to place the clerk of the Superior Court of Peach County upon an annual salary in lieu of the fee system of compensation; to provide for personnel within the clerk's office; and for other purposes.
Referred to the Committee on Local Affairs.

1434

JOURNAL OF THE HOUSE,

HB 1443. By Mr. Grahl of the 52nd:
A Bill to be entitled an Act to place the ordinary of Peach County upon an annual salary in lieu of the fee system of compensation; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1444. By Mr. Grahl of the 52nd:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Peach County, so as to stagger the terms of the office of commissioner post no. 3; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1445. By Messrs. Howard of the 101st, Wilson and Henderson of the 102nd and Cooper of the 103rd:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Marietta, so as to change the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1446. By Mr. Parker of the 55th: A Bill to be entitled an Act to create the Sylvania-Screven Airport Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HR 671-1446. By Mr. Parker of the 55th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Screven County to levy a tax not to exceed one mill to be set aside and used by the Sylvania-Screven Airport Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1447. By Mr. Carnes of the 129th:
A Bill to be entitled an Act to amend the "Planning Commissions Authorized" Act. so as to grant the same tax exemptions and inclusions from State Sales and Use Taxes to municipal planning commissions, county planning commissions, municipal-county planning commissions and joint planning commissions as are now granted to cities and county; and for other purposes.
Referred to the Committee on Local Affairs.

WEDNESDAY, FEBRUARY 14, 1968

1435

HB 1448. By Mr. Smith of the 54th:
A Bill to be entitled an Act to create a five member Board of Education of Emanuel County; and for other purposes.
Referred to the Committee on Local Affairs.

HR 672-1448. By Mr. Lambros of the 130th:
A Resolution directing the State Librarian to furnish certain volumes of the Georgia Supreme Court Reports to the Judges of the Superior Court of the Atlanta Judicial Circuit; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1449. By Mr. Bostick of the 93rd:
A Bill to be entitled an Act to provide for the issuance of building permits prior to the construction of any improvements to real property in Tift County having a. value when completed in excess of $500; and for other purposes.
HB 1450. By Messrs. Lewis and Newton of the 50th:

A Bill to be entitled an Act to amend an Act providing that the salary of the Judge of the Superior Court of the Augusta Judicial Circuit shall be supplemented by payments to be made from the county treasury of Burke County; so as to provide that said supplement shall be paid to each of the Judges of the Augusta Judicial Circuit; and for other purposes.
Referred to the Committee on Local Affairs.

HR 673-1450. By Mr. Chandler of the 47th:
A Resolution declaring that those portions of that State property known as and presently under lease as the Western and Atlantic Railroad which are not included in new lease of said Railroad shall be subject to the jurisdiction, supervision and control of the State Properties Control Commission as provided in the State Properties Control Code; and for other purposes.
Referred to the Committee on State Institutions & Property.

HR 674-1450. By Messrs. Rainey and Bowen of the 69th:
A Resolution proposing an amendment to the Constitution so as to create the Crisp County-Cordele Industrial Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.

1436

JOURNAL OP THE HOUSE,

HB 1451. By Messrs. Murphy of the 26th, Caldwell of the 51st, Paris of the 23rd and Lane of the 64th:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide for license and excise taxes upon the business of dealing in malt beverages", so as to provide that the State Revenue Commissioner or his authorizd agents shall sell any and all malt beverages found to be contraband; and for other purposes.
Referred to the Committee on Temperance.

HB 1452. By Messrs. Murphy of the 26th, Caldwell of the 51st, Paris of the 23rd and Lane of the 64th:
A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to define terms; to provide for Retailer's licenses and define use thereof; to prohibit the possession of distilled spirits for illegal purposes; to clarify the authority of cities and counties to prescribe rules and regulations; and for other purposes.
Referred to the Committee on Temperance.

HB 1453. By Messrs. Bowen of the 69th and Bostick of the 93rd:
A Bill to be entitled an Act to provide that no permit or license shall be issued for any proposed retail liquor store selling distilled spirits in containers holding 8 ounces or more, unless such proposed liquor store is a greater distance than 2000 feet from any other existing liquor store; and for other purposes.
Referred to the Committee on Temperance.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1376. By Mr. Land of the 53rd:
A Bill to be entitled an Act to incorporate the Town of Irwinton, and to grant a new charter to said town; and for other purposes.

HB 1377. By Messrs. Williams, Cooper and Wood of the 16th:
A Bill to be entitled an Act to amend an Act known as the "Lake Lanier Islands Development Authority", so as to define the words "Act" and "Islands"; to authorize the Lake Lanier Islands Development Authority to acquire and dispose of real and personal property; to authorize said Authority to charge and collect fares and rentals; and for other purposes.

WEDNESDAY, FEBRUARY 14, 1968

1437

HB 1378. By Messrs. Brown of the 135th, Daugherty of the 134th and Bond of
the 136th: A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to change the provisions relat ing to exhaust systems, brakes and windshield wipers; and for other purposes.

HB 1379. By Messrs. Vaughn and Harris of the 14th:
A Bill to be entitled an Act to amend an Act placing the compensation of the sheriff, the clerk of the superior court, and the ordinary of Bartow County on a salary basis instead of a fee basis, so as to provide the sheriff shall hire a day jailer, night jailer and a cook or cooks; and for other purposes.

HB 1380. By Mr. Jordan of the 82nd:
A Bill to be entitled an Act to amend an Act incorporating the City of Ambrose in Coffee County, so as to provide that the Treasurer of said City shall file a statement of all receipts and disbursements of the City of Ambrose with the clerk of superior court of Coffee County during January and July of each year; and for other purposes.

HB 1381. By Mr. Jordan of the 82nd:
A Bill to be entitled an Act to amend an Act providing and establishing a new charter for the Town of Nichols, so as to provide that the Treasurer of said City shall file a statement of all receipts and dis bursements of the City of Nichols with the clerk of the superior court of Coffee County during January and July of each year; and for other purposes.

HB 1382. By Mr. Jordan of the 82nd:
A Bill to be entitled an Act to amend an Act incorporating the City of Broxton in the County of Coffee, so as to provide that the Treasurer of said city shall file a statement of all receipts and disbursements of the City of Broxton with the clerk of the superior court of Coffee County during January and July of each year; and for other purposes.

HB 1383. By Mr. Jordan of the 82nd:
A Bill to be entitled an Act to amend an Act creating the office of Commissioners of Roads and Revenues of the County of Coffee, so as to provide that the clerk of the Board of Commissioners of Roads and Revenues shall file a statement of all receipts and disbursements of Coffee County with the clerk of the superior court of said county during January and July of each year; and for other purposes.

1438

JOURNAL OF THE HOUSE,

HB 1384. By Mr. Dickinson of the 27th:
A Bill to be entitled an Act to provide for the appointment of the County School Superintendent of Douglas County by the Board of Education; and for other purposes.

HB 1385. By Mr. Wamble of the 90th:
A Bill to be entitled an Act to create a new Board of Education of Grady County; and for other purposes.

HB 1386. By Mr. Otwell of the 10th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Gumming, so as to change the corporate limits of the City of Gumming; and for other purposes.

HB 1387. By Messrs. Matthews and Fallin of the 94th: A Bill to be entitled an Act to amend an Act placing the county officers of Colquitt County on an annual salary in lieu of a fee system of com pensation, so as to change the compensation of the Ordinary of Colquitt County; and for other purposes.
HB 1388. By Messrs. Odom, Hutchinson, Lee and Busbee of the 79th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Albany, so as to authorize the City Commissioners to excuse absences of commissioners from meetings under certain condi tions; to provide the employment of a city physician shall be discretion ary with the City Commission rather than mandatory; and for other purposes.
HB 1389. By Mr. Lovell of the 6th: A Bill to be entitled an Act to amend an Act incorporating the City of Cleveland, so as to change the corporate limits; to change the time for opening and closing of the polls; and for other purposes.
HB 1390. By Mr. Hargrett of the 77th: A Bill to be entitled an Act to amend an Act incorporating and creating a new charter for the City of Jesup, so as to provide for the election of the Mayor by the qualified electors of said city; to reduce the number of commissioners from 6 to 6; and for other purposes.
HB 1391. By Mr. Hargrett of the 77th: A Bill to be entitled an Act to change the method of electing members of the Board of Education of Wayne County; and for other purposes.

WEDNESDAY, FEBRUARY 14, 1968

1439

HB 1392. By Mr. Hargrett of the 77th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Wayne County, so as to change the terms of office of the members of the Board from staggered terms to concurrent terms; and for other purposes.

HB 1393. By Mr. Higginbotham of the 119th:
A Bill to be entitled an Act to amend an Act creating the State Depart ment of Veterans' Service, so as to change the maximum permissible compensation which may be received by the Director of the Department; and for other purposes.

HB 1394. By Mr. Higginbotham of the 119th:
A Bill to be entitled an Act to amend an Act relating to the compensa tion of the Director of the Department of State Parks, so as to change the compensation of the Director; and for other purposes.

HB 1395. By Messrs. Hill of the 121st, Dillon of the 128th, Carnes of the 129th, Cook of the 123rd, Adams of the 125th and others:
A Bill to be entitled an Act to provide that it shall be unlawful for any person, firm or corporation to operate or allow to be operated any truck, motor vehicle or other vehicle engaged in hauling or carrying any type of gravel, dirt or sand without having the same protected or enclosed in certain counties; and for other purposes.

HB 1396. By Messrs. Jones of the 76th, Dorminy of the 72nd, Nessmith of the 64th, Buck and Jones of the 112th, Gaynor of the 114th and others:
A Bill to be entitled an Act to authorize the General Assembly to ap propriate funds to the City of Atlanta to be used in improving the facilities of its municipal zoo; and for other purposes.

HB 1397. By Mr. Higginbotham of the 119th:
A Bill to be entitled an Act to amend an Act creating the Department of Revenue, so as to change the maximum permissible compensation of the Deputy State Revenue Commissioners; and for other purposes.

HB 1398. By Messrs. Harris and Scarlett of the 85th:
A Bill to be entitled an Act to amend an Act which increases the salary of the Judge of the Juvenile Court of Glynn County, so as to change the salary of the Judge of the Juvenile Court of Glynn County; and for other purposes.

1440

JOURNAL OF THE HOUSE,

HB 1399. By Messrs. Joiner and Rowland of the 48th:
A Bill to be entitled an Act to create and establish the Washington County Airport Authority; and for other purposes.

HB 1400. By Mr. Hargrett of the 77th:
A Bill to be entitled an Act to amend an Act providing additional terms for the Superior Court of Wayne County, so as to provide that a Judge of said Superior Court in his discretion may empanel a grand jury for either the January or June term or both; and for other purposes.

HB 1401. By Mr. Buck of the 112th:
A Bill to be entitled an Act to amend an Act known as the "Unem ployment Compensation Law", so as to provide a base-period employer who has submitted a timely notice shall not have his account charged with benefits paid under certain conditions; and for other purposes.

HR 631-1401. By Mr. Brantley of the 63rd:
A Resolution proposing an amendment to the Constitution, so as to create the Evans County Industrial Development Authority; and for other purposes.

HR 632-1401. By Mr. Shuman of the 65th: A Resolution proposing an amendment to the Constitution, so as to create the Effingham County Industrial Development Authority; and for other purposes.
HR 633-1401. By Messrs. Farmer and Matthews of the 29th: A Resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to provide for the election by the people of the members of the Clarke County Board of Education from election districts within said county; and for other purposes.
HB 1403. By Messrs. Lee, Gary and Northcutt of the 35th: A Bill to be entitled an Act to amend an Act creating a civil service system for employees of Clayton County, so as to change the provisions relating to coverage of employees; and for other purposes.
HB 1404. By Messrs. Harris of the 118th and Harris of the 85th: A Bill to be entitled an Act to provide for the interpretation of pro visions of the Constitution and statutes basing elections and other actions on elections of members of the General Assembly; and for other purposes.

WEDNESDAY, FEBRUARY 14, 1968

1441

HB 1405. By Mr. Fleming of the 106th:
A Bill to be entitled an Act to amend Code Section 49-701, so as to increase the amount which can be remitted to the ordinaries belonging to minors and insane persons who have no legal guardian; and for other purposes.

HB 1406. By Messrs. Howard and McDaniell of the 101st, Wilson and Henderson of the 102nd, and Cooper of the 103rd.
A Bill to be entitled an Act to amend an Act consolidating, revising and superseding the Charter of the City of Elizabeth, so as to change the corporate limits of said city; and for other purposes.

HR 658-1406. By Messrs. Smith of the 54th, Hale of the 1st, Busbee and Lee of th 79th, Jones of the 76th, Lambert of the 38th and Floyd of the 7th:
A Resolution proposing an amendment to the Constitution so as to provide for annual appropriations; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

HB 1407. By Messrs. Wilson of the 102nd, McDaniell and Howard of the 101st, Cooper of the 103rd, Carnes of the 129th, Dillon of the 128th, and others:
A Bill to be entitled an Act to amend an Act providing for the estab lishment of an Atlanta Region Metropolitan Planning District; so as to increase the membership; and for other purposes.

HB 1408. By Messrs. DeLong and Sherman of the 105th, Fleming and Maxwell of the 106th, Dent and Cheeks of the 104th:
A Bill to be entitled an Act to amend an Act changing from the fee to the salary system certain county officers of certain counties in this State, so as to provide for one additional deputy sheriff investigator (driver), one additional deputy sheriff investigator (rider), three addi tional deputy sheriff drivers, five additional deputy sheriff riders, and two additional deputy sheriff record bureau dispatchers; and for other purposes.

HB 1409. By Mr. Nimmer of the 84th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Clerk of the Superior Court, the Ordinary, and the Tax Com missioner of Brantley County, known as the fee system; to provide in lieu thereof annual salaries for such officers; and for other purposes.

HB 1410. By Mr. Nimmer of the 84th:
A Bill to be entitled an Act to provide for the election of members of the board of education of Pierce County; to provide the manner of electing members to the board; and for other purposes.

1442

JOURNAL OF THE HOUSE,

HR 660-1410. By Messrs. Wilson and Henderson of the 102nd, Cooper of the 103rd, McDaniell and Howard of the 101st:
A Resolution proposing an amendment to the Constitution so as to prohibit the incorporation of any territory within the limits of Cobb County by any municipality, the major portion of which is located out side the territorial limits of Cobb County, without the approval of the voters of Cobb County; and for other purposes.

HB 1411. By Messrs. Lee, Gary and Northcutt of the 35th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Clayton County, so as to desig nate the Board of Commissioners of Roads and Revenues of Clayton County as the fiscal authority of the county; and for other purposes.

HB 1412. By Mr. Busbee of the 79th:
A Bill to be entitled an Act to provide the dates on which laws shall become effective; to provide the procedure connected therewith; to provide an effective date; and for other purposes.

HB 1413. By Mr. Busbee of the 79th:
A Bill to be entitled an Act to limit the amount of any tax, assessment, levy, license fee or other fee which cities, counties, municipalities and other political subdivisions of this State may impose upon certain contractors and sub-contractors performing contracts, work or services with or for the State or any of its agencies, boards, bureaus, commis sions, and authorities; and for other purposes.
HB 1414. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to be entitled an Act to amend an Act entitled "An Act to place the tax commissioner of Houston County upon an annual salary in lieu of the fee system of compensation", so as to provide that the arbitration committee which is impanelled to hear budget and salary disputes shall be composed of the senior judge of the superior court of Houston County or his delegate, the solicitor-general, senator and members of the House of Representatives from Houston County; and for other purposes.
HB 1415. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Houston County upon an annual salary in lieu of the fee system of compensation, so as to provide that the arbitration com mittee which is impanelled to hear budget and salary disputes shall be composed of the senior judge of the superior court of Houston County or a judge, the solicitor-general, senator and members of the House of Representatves from Houston County; and for other purposes.

WEDNESDAY, FEBRUARY 14, 1968

1443

HB 1416. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Houston County upon an annual salary in lieu of the fee system of compensation, so as to provide that the arbitration committee which is impanelled to hear budget and salary disputes shall be composed of the senior judge of the superior court of Houston County or a judge designated by the senior judge, the solicitor-general, senator and mem bers of the House of Representatives from Houston County; and for other purposes.

HB 1417. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to be entitled an Act to amend an Act placing the ordinary of Houston County on an annual salary in lieu of the fee system of compensation, so as to provide that the arbitration committee which is impanelled to hear budget and salary disputes shall be composed of the senior judge of the superior court of Houston County or a judge designated by the senior judge, the solicitor-general, senator and mem bers of the House of Representatives from Houston County; and for other purposes.
HB 1418. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to be entitled an Act to amend an Act creating the City Court of Warner Robins, so as to provide that the State Court of Houston County shall have jurisdiction of special statutory remedies; to pro vide that the Solicitor of said Court shall represent the State in all criminal prosecutions in said Court and all appeals therefrom; and for other purposes.
HB 1419. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to be entitled an Act to amend an Act incorporating the City of Centerville, so as to provide for continuing qualifications for mayor and council; and for other purposes.

HB 1420. By Messrs. Dean of the 20th, Lowrey, Graves and Starnes of the 13th, and Sims of the 131st:
A Bill to be entitled an Act to amend an Act authorizing the governing authorities of municipalities and counties to establish planning com missions, so as to authorize municipalities and counties to create a planning department; and for other purposes.

HR 661-1420. By Mr. Lee of the 79th:
A Resolution creating the "Georgia Study Commission on Law Enforce ment Officer Standards and Education"; to provide for membership; and for other purposes.

1444

JOURNAL OP THE HOUSE,

HB 1421. By Mr. Sims of the 131st:
A Bill to be entitled an Act to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to exempt from the provisions of said Act vehicles propelled by engines which produce 3.5 or less horse power; and for other purposes.

HB 1422. By Messrs. Lambert of the 38th, Lane of the 53rd, Chandler of the 47th, Hadaway of the 46th, Moate of the 39th and Harrington of the 47th:
A Bill to be entitled an Act to provide for an additional Judge of the Superior Court of the Ocmulgee Judicial Circuit; and for other pur poses.
HB 1423. By Messrs. Barber of the 24th, Stalnaker of the 59th, Wells of the 30th, Lewis of the 50th, Newton of the 50th, Lovell of the 6th and others:
A Bill to be entitled an Act to provide for tenure salary and compensa tion for those elective officers the election of which is provided for by Articles IV and V of the Georgia Constitution of 1945; and for other purposes.
HB 1424. By Messrs. Barber of the 24th and Smith of the 54th:
A Bill to be entitled an Act to provide for the establishment of a special training program within the State Department of Education; to pro vide for the administration of the program by the State Board of Educa tion; to provide for an Advisory Committee; and for other purposes.
SB 314. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt shavings and saw dust from wood when used directly in tilling the soil or animal or poultry husbandry from the tax imposed by said Act; and for other purposes.

SR 179. By Senators Johnson of the 38th, Maclntyre of the 40th, Smith of the 34th and others:
A Resolution proposing an amendment to the Constitution so as to authorize the City of Atlanta to incur debt to the extent of fourteen per centum of the assessed value of all the taxable property therein; and for other purposes.
SR 194. By Senator Noble of the 19th:
A Resolution proposing an amendment to the Constitution so as to create the Cochran-Bleckley School System by merging the independent school system of the City of Cochran and the county school system of Bleckley County; and for other purposes.

WEDNESDAY, FEBRUARY 14, 1968

1445

Mr. Matthews of the 94th, Chairman of the Committee on Agriculture, sub mitted the following report:

Mr. Speaker:

Your Committee on Agriculture has had under consideration the following Bill and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 1346. Do Pass. HR 506. Do Pass.

Respectfully submitted, Matthews of the 94th, Chairman.

Mr. Barber of the 24th, Chairman of the Committee on Education, sub mitted the following report:

Mr. Speaker:

Your Committee on Education has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 671. Do Pass.

Respectfully submitted, Barber of the 24th, Chairman.

Mr. Vaughn of the 117th, Chairman of the Committee on Highways, sub mitted the following report:
Mr. Speaker:
Your Committee on Highways has had under consideration the following Bill and Resolutions of the House and Senate and has instructed me as Chair man, to report the same back to the House with the following recommendations:
HB 119. Do Not Pass. HR 581. Do Pass.

1446

JOURNAL OF THE HOUSE,

HR 536-1179. Do Not Pass.

SR

173. Do Pass.

Respectfully submitted, Vaughn of the 117th, Chairman.

Mr. Conner of the 91st, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker.
Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1360. Do Pass as Amended. HB 1074. Do Pass.
Respectfully submitted, Conner of the 91st, Chairman.

Mr. Harris of the 118th, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1363. Do Pass. HB 1078. Do Pass. HB 880. Do Pass as Amended. HB 1077. Do Pass.
Respectfully submitted, Harris of the 118th, Chairman.

WEDNESDAY, FEBRUARY 14, 1968

1447

Mr. Clarke of the 45th, Chairman of the Committee on Local Affairs, sub mitted the following report:

Mr. Speaker:

Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me as Chair man, to report the same back to the House with the following recommendations:

HB 1294. Do Pass. HB 1347. Do Pass. HB 1369. Do Pass. HB 1370. Do Pass. HB 1373. Do Pass. HB 1376. Do Pass. HB 1379. Do Pass. HB 1380. Do Pass. HB 1381. Do Pass. HB 1382. Do Pass. HB 1383. Do Pass. HB 1384. Do Pass. HB 1385. Do Pass. HB 1386. Do Pass, by Substitute. HB 1387. Do Pass. HB 1388. Do Pass. HB 1390. Do Pass, by Substitute. HB 1391. Do Pass. HB 1392. Do Pass. HB 1398. Do Pass. HB 1399. Do Pass. HB 1400. Do Pass. HB 1403. Do Pass. HB 1406. Do Pass. HB 1408. Do Pass. HB 1409. Do Pass. HB 1410. Do Pass. HB 1411. Do Pass.

1448

JOURNAL OF THE HOUSE,

HB 1414. Do Pass.

HB 1415. Do Pass.

HB 1416. Do Pass.

HB 1417. Do Pass.

HB 1418. Do Pass.

HB 1419. Do Pass.

HB 1420. Do Pass.

HB 1371. Do Pass.

HB 1372. Do Pass.

SB

340. Do Pass.

SB

341. Do Pass.

HR 627-1367. Do Pass.

HR 628-1373. Do Pass.

HR 631-1401. Do Pass.

HR 632-1401. Do Pass.

HR 633-1401. Do Pass.

HR 660-1410. Do Pass.

SR

182. Do Pass.

Respectfully submitted, Clarke of the 45th, Chairman.

Mr. Steis of the 100th, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the fol lowing Bill and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 657. Do Pass. HB 1405. Do Pass. HR 93-219. Do Pass.
Respectfully submitted, Steis of the 100th, Chairman.

WEDNESDAY, FEBRUARY 14, 1968

1449

Mr. McCracken of the 49th, Chairman of the Committee on State of Republic, submitted the following report:

Mr. Speaker:

Your Commttee on State of Republic has had under consideration the fol lowing Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation.

HR 653. Without Recommendation. Respectfully submitted, McCracken of the 49th, Chairman.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 899. By Messrs. Parker of the 55th, Barber of the 24th, and Farrar of the 118th:
A Bill to amend an Act establishing an equalized adjusted school prop erty tax digest for each county in the State and for the State as a whole, so as to provide that for the calendar year 1969 the equalized school property tax digest shall be the same as were prepared by the State Auditor and used for the 1968 calendar year; and for other pur poses.

The Senate has passed by the requiste constitutional majority the following Bills of the Senate and House, to-wit:

SB 295. By Senators Rowan of the 8th, Kidd of the 25th, Adams of the 26th, and Gregory of the 15th:
A Bill to amend Code Chapter 88-5 relating to the hospitalization of the mentally ill, as amended, in order to provide for a procedure whereby a legal resident of the State of Georgia that is hospitalized in another State may be transferred to a hospital in Georgia; and for other pur poses.

1450

JOURNAL OF THE HOUSE,

HB 453. By Messrs. Lambros of the 130th, Carnes of the 129th, Cox of the 127th and others:
A Bill to provide that the school boards of any school districts that maintain special educational facilities; and for other purposes.

HB 967. By Messrs. Williams and Wood of the 16th, Johnson of the 40th, Barber of the 24th and others:
A Bill to regulate driver training schools; and for other purposes.

HB 1053. By Messrs. McCracken of the 49th, Mixon of the 81st, Wiggins of the 32nd and others:
A Bill to amend Code Title 34, relating to elections, so as to change the provisions therein relating to the procedure for voting for presi dential electors; and for other purposes.

HB 1062. By Messrs. Matthews of the 29th, Barber of the 24th, Farmer of the 29th and others:
A Bill to amend an Act creating a professional practices commission and declaring teaching a profession with all the rights, responsibilities and privileges accorded legally recognized professions, so as to remove the provisions relating to the Board of Regents and the University System of Georgia; and for other purposes.

HB 1064. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th, and Caldwell of the 51st:
A Bill to create the Georgia State Scholarship Commission, so as to authorize the Commission to conduct public relations and public infor mation programs; and for other purposes.

HB 1065. By Messrs. Murphy of the 26th, Paris of the 23rd, Land of the 64th, and Caldwell of the 51st:
A Bill to create the Georgia Higher Education Assistance Committee; and for other purposes.

HB 1066. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th, and Caldwell of the 51st:
A Bill to amend an Act creating the Georgia Higher Education Assist ance Corporation, so as to make certain changes within the program of guaranteed student loans, so as to comply with the federal require ments relating to guaranteed student loans; and for other purposes.

WEDNESDAY, FEBRUARY 14, 1968

1451

The Senate has adopted the following Resolution of the House, to-wit:

HR 639. By Messrs. Smith of the 114th, Collins of the 62nd, Rush of the 75th and others:
A Resolution expressing sorrow for the passing of the Honorable T. Ross Sharpe; and for other purposes.

The Senate has adopted by the requisite constitutional majority the follow ing Resolution of the House, to-wit:

HR 494-1071. By Messrs. Westlake of the 119th, Brown of the 34th, Matthews of the 29th and others:
A Resolution to amend a resolution relating to the Athletic Associa tions of the University of Georgia and the Georgia School of Technology, so as to include within the provisions the Athletic Associations of all branches of the University System of Georgia; and for other purposes.
By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee on Hygiene and Sanitation:

SB 295. By Senators Rowan of the 8th, Kidd of the 25th, Adams of the 26th, and Gregory of the 15th:
A Bill to be entitled an Act to amend Code Chapter 85-5 relating to the hospitalization of the mentally ill, in order to provide for a procedure whereby a legal resident of the State of Georgia hospitalized in another State may be transferred to a hospital in Georgia; and for other purposes.

By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

HB 1294. By Mr. Roach of the 15th:
A Bill to be entitled an Act to encourage and promote medical and scientific research and the establishment of medical research facilities and the development of scientific devices by exempting certain activi ties, persons, organizations and properties from building and zoning restrictions, fire regulations and requirements; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1452

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 1347. By Messrs. Odom, Hutchinson, Lee and Busbee of the 79th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide and empower the City of Albany to furnish aid and relief and to grant pensions to all employees of said City", so as to increase the amount which the City of Albany may levy and assess against the salaries of employees to fund the cost of pensions; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 1362. By Mr. Ross of the 31st:
A Bill to be entitled an Act to amend an Act placing the sheriff, ordi nary and clerk of the Superior Court of Wilkes County upon an annual salary, so as to change the compensation of the ordinary; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 120, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 1364. By Mr. Savage of the 58th: A Bill to be entitled an Act to amend an Act providing that the Ordi nary of Macon County be placed on a salary in lieu of fees, so as to change the compensation of said Ordinary; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

WEDNESDAY, FEBRUARY 14, 1968

1453

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 1365. By Mr. Ballard of the 37th:
A Bill to be entitled an Act to amend an Act placing the sheriff of the Superior Court of Newton County on a salary basis, so as to change the compensation of the sheriff; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 1366. By Messrs. Harris, Farrar, Walling and Levitas of the 118th:
A Bill to be entitled an Act to create the City of Decatur Parking Authority; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 1369. By Mr. Nimmer of the 84th: A Bill to be entitled an Act to amend an Act placing the sheriff of Pierce County upon an annual salary, so as to change the compensation of the two full-time deputy sheriffs; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.

1454

JOURNAL OF THE HOUSE,

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

HB 1370. By Mr. Nimmer of the 84th:
A Bill to be entitled an Act to amend an Act creating the office of commissioners of roads and revenues of the County of Brantley, so as to reduce the number of commissioners; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1371. By Mr. Nimmer of the 84th: A Bill to be entitled an Act to abolish the office of Treasurer of Brantley County; to provide for the transfer of the duties of said office to the governing authority of Brantley County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.

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

HB 1372. By Mr. Nimmer of the 84th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues of Pierce County, so as to change the compensation of the chairman; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 120, nays 0.

WEDNESDAY, FEBRUARY 14, 1968

1455

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

HB 1373. By Mr. Nimmer of the 84th:
A Bill to be entitled an Act to create the Brantley County Development Authority; to provide for issuing revenue-anticipation certificates and for the validation of such certificates; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 120, nays 0.

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

SB 340. By Senator Kennedy of the 4th:
A Bill to be entitled an Act to amend an Act abolishing the present mode of compensation of the Sheriff of Evans County, known as the fee system, and providing in lieu thereof an annual salary, so as to change the compensation of the deputy sheriff; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 120, nays 0.

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

SB 341. By Senator Kennedy of the 4th:
A Bill to be entitled an Act to amend an Act fixing the compensation of the Clerk of the Superior Court of Evans County, so as to change the salary of the Clerk of the Superior Court of Evans County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 120, nays 0.

1456

JOURNAL OF THE HOUSE,

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

HR 627-1367. By Mr. Hadaway of the 46th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Jasper County Industrial Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article V, Section IX of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in Jasper County, to be known as the 'Jasper County Industrial De velopment Authority', which shall be an instrumentality of Jasper County and a public corporation and which in this amendment is hereafter referred to as the 'Authority'.
"B. The Authority shall consist of five members who shall be appointed by the Board of Commissioners of Roads and Revenues of Jasper County and they shall serve for a term of five years. Vacancies shall be filled for the unexpired term by the said Board of County Commissioners. A majority of the members shall consti tute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act.
"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Jasper County. The exemptions from taxation herein provided shall not include exemptions from sales and use taxes on property pur chased by the Authority or for use by the Authority.
"D. The powers of the Authority shall include, but not be limited to, the power:
"(1) To receive and administer gifts, grants and donations and to administer trusts;
"(2) To borrow money, to issue notes, bonds and revenue cer tificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, prop erty and income as security therefor;

WEDNESDAY, FEBRUARY 14, 1968

1457

"(3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;

(4) To have and exercise usual powers of private corporation except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority;

"(5) To encourage and promote the expansion and development of industrial and commercial facilities in Jasper County so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Jasper County, suitable for and intended for use as a factory, mill, shop, processing plant, assem bly plant, or fabricating plant, including all necessary and appur tenant lands and appurtenances thereto, and all necessary or useful furnishing, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovat ing, reconstructing, furnishing and equipping of such building.

"(6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or pur chaser shall be required to pay all costs of operating and main taining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking;

"(7) To accumulate its funds from year to year and to in vest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested.

"(8) To designate officers to sign and act for the Authority generally or in any specific matter;
"(9) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.
"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Geor gia or Jasper County.
"F. The members of the Authority shall receive no compensa tion for their services to the Authority.

1458

JOURNAL OF THE HOUSE,

"G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Au thority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as pro vided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or in terest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of Jasper County to pay any such bonds or the interest thereon nor to enforce pay ment thereof against any property of Jasper County.

"H. The Authority may authorize additional bonds for ex tensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become neces sary. Bond so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings.
"I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that:
"(1) The undertaking for which the bonds are to be issued will increase employment in Jasper County.
"(2) The lessee or purchaser of the building or buildings in volved will not by virtue of establishing operations in said County, reduce the number of employees employed by said lessee or pur chaser elsewhere in the State of Georgia.

"J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms, or corporations shall at any time be used for entertainment, or other promotional expenses.

"K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Jasper County subject to any mortgages, liens, leases or other en cumbrances outstanding against or in respect to said property at that time.

WEDNESDAY, FEBRUARY 14, 1968

1459

"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Jasper County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes.

"M. This amendment shall be effective immediately upon proc lamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation.

"N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Jasper County and the scope of its operations shall be limited to the territory embraced within said County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations be yond such limits."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to create the NO ( ) Jasper County Industrial Development Authority?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

1460

JOURNAL OP THE HOUSE,

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Brown, B. D. Buck Caldwell Games Gates Cato Cheeks Cole Collins, J. P. Collins, M. Colwell Cooper, J. R. Cox Dailey Daugherty Davis Dean DeLong Dent Dillon Dixon Dodson Dollar Douglas Edwards Egan Fallin Farmer Fleming Floyd Funk Gary Gay Gaynor Gignilliat

Graves Grier Gunter Hadaway Hall Hamilton Hargrett Harris, J. F. Harris, J. R. Harrison Higginbotham Holder Hood Howell Hutchinson Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Knapp Laite Lambert Lambros Land Lane, Dick Lane, W. 3. Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Mauldin Maxwell McClatchey Miller Mixon Moate Moore, Don C. Moore, J. H. Mullinax

Nash Nessmith Newton Northcutt Odom Oglesby Otwell Pafford Palmer Parker, C. A. Parker, H. W. Parrish Pickard Poss Ragland Richardson Roach Ross Rowland Rush Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, V. T. Smith, W. L. Stalnaker Starnes Steis Sullivan Thompson, A. W. Thompson, R. Threadgill Townsend Turner Vaughan, D. N. Vaughn, C. R. Ware Wells Westlake Whaley Wiggins Williams Wilson, R. W. Winkles Wood

WEDNESDAY, FEBRUARY 14, 1968

1461

Those not voting were Messrs.:

Blalock Branch Bray Brown, C. Busbee Chandler Clarke Conner Cook Cooper, B. Crowe, William Crowe, W. J. Dickinson Dorminy Doster Farrar Grahl Hale

Harrington Harris, R. W. Henderson Hill Howard Jenkins Jordan, W. H. Leonard Matthews, D. R. McCracken McDaniell Melton Merritt Moreland Murphy Nimmer Paris Peterson

Phillips Potts Rainey Reaves Russell Savage Scarlett Smith, J. R. Snow Sweat Tucker Tye Underwood Walling Wamble Ward Wilson, J. M. Mr. Speaker

On the adoption of the Resolution, the ayes were 151, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 628-1373. By Mr. Nimmer of the 84th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Brantley County Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section VII, Paragraph V of the Constitution is hereby amended by adding at the end thereof the following:
"There is hereby created a body corporate and politic to be known as the 'Brantley County Development Authority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdiction to be limited to the territory embraced by Brantley County. The County of Brantley may contract with the Authority as a public corporation as provided by the Constitution of Georgia.

1462

JOURNAL OF THE HOUSE,

"The Authority shall consist of eight members who shall have such control, duties, powers and authority as are hereby conferred and as may be prescribed or provided for by the General Assembly of Georgia, and such additional powers as may be delegated to the Authority by the County of Brantley. Members of the Authority shall be residents of Brantley County. The first appointments shall be for terms of one, two, three and four years. Thereafter all terms and appointments, except in case of a vacancy, shall be for four years. The General Assembly shall provide for appointment of members of the Authority. The Authority shall elect a chairman, vice-chairman and a secretary-treasurer. The secretary-treasurer shall not be required to be a member of the Authority.

"All lands and improvements thereon the title to which is vested in the Authority, and all debentures and revenue-anticipation certificates issued by the Authority, shall be exempt from State and local taxation.

"Said Authority is created for the purpose of developing for the public good and general welfare industry, agriculture, com merce, natural resources, and vocational training and the making of long-range plans for the coordination of such development, promo tion and expansion, within its territorial limits. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia, or the County of Brantley. The Au thority is created for non-profit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purpose for which the Au thority is created."

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to NO ( ) create the Brantley County Development
Authority?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re-

WEDNESDAY, FEBRUARY 14, 1968

1463

turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Brown, B. D. Buck Caldwell Games Gates Cato Cheeks Cole Collins, J. F. Collins, M. Colwell Cooper, J. R. Cox Dailey Daugherty Davis Dean DeLong Dent Dillon Dixon Dodson Dollar Douglas

Edwards Egan Fallin Farmer Fleming Floyd Funk Gary Gay Gaynor Gignilliat Graves Grier Gunter Hadaway Hall Hamilton Hargrett Harris, J. F. Harris, J. R. Harrison Higginbotham Holder Hood Howell Hutchinson Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Knapp Laite Lambert Lambros Land
Lane, Dick

Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Mauldin Maxwell McClatchey Miller Mixon Moate Moore, Don C. Moore, J. H. Mullinax Nash Nessmith Newton Northcutt Odom Oglesby Otwell Pafford Palmer Parker, C. A. Parker, H. W. Parrish Pickard Poss Ragland Richardson Roach Ross

1464
Rowland Rush Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, V. T. Smith, W. L.

JOURNAL OF THE HOUSE,

Stalnaker Starnes Steis Sullivan Thompson, A. W. Thompson, R. Threadgill Townsend Turner Vaughan, D. N. Vaughn, C. R.

Ware Wells Westlake Whaley Wiggins Williams Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Blalock Branch Bray Brown, C. Busbee Chandler Clarke Conner Cook Cooper, B. Crowe, William Crowe, W. J. Dickinson Dorminy Doster Farrar Grahl Hale

Harrington Harris, R. W. Henderson Hill Howard Jenkins Jordan, W. H. Leonard Matthews, D. R. McCracken McDaniell Melton Merritt Moreland Murphy Nimmer Paris Peterson

Phillips Potts Rainey Reaves Russell Savage Scarlett Smith, J. R. Snow Sweat Tucker Tye Underwood Walling Wamble Ward Wilson, J. M. Mr. Speaker

On the adoption of the Resolution, the ayes were 151, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 629-1373. By Messrs. Howard and McDaniell of the 101st, Wilson and Henderson of the 102nd and Cooper of the 103rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the composition of Education District No. 2 in Cobb County; to provide for submission of this amendment for ratification or rejection; and for other purposes.

WEDNESDAY, FEBRUARY 14, 1968

1465

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1
Article VIII, Section V, Paragraph I of the Constitution, as amended by an amendment relating to the Board of Education of Cobb County ratified at the 1962 General Election and found in Ga. Laws 1962, p. 971, is hereby amended by striking from the aforesaid 1962 amendment the following:
"Education District No. 2 shall be composed of Coxes, Howells and Lemons Militia Districts.",
and inserting in lieu thereof the following:
"Education District No. 2 shall be composed of Coxes, Howells, Lemons and Mt. Harmony Militia Districts."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to change the composition of Education District
NO ( ) No. 2 in Cobb County?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for Members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

1466

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Brown, B. D. Buck Caldwell Carnes Gates Cato Cheeks Cole Collins, J. F. Collins, M. Colwell Cooper, J. R. Cox Dailey Daugherty Davis Dean DeLong Dent Dillon Dixon Dodson Dollar Douglas Edwards Egan Fallin Farmer Fleming Floyd Funk Gary
Gay Gaynor Gignilliat

Graves Grier Gunter Hadaway Hall Hamilton Hargrett Harris, J. F. Harris, J. R. Harrison Higginbotham Holder Hood Howell Hutchinson Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Knapp Laite Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Mauldin Maxwell McClatchey Miller Mixon Moate Moore, Don C. Moore, J. H. Mullinax

Nash Nessmith Newton Northcutt Odom Oglesby Otwell Pafford Palmer Parker, C. A. Parker, H. W. Parrish Pickard Poss Ragland Richardson Roach Ross Rowland Rush Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, V. T. Smith, W. L. Stalnaker Starnes Steis Sullivan Thompson, A. W. Thompson, R. Threadgill Townsend Turner Vaughan, D. N. Vaughn, C. R. Ware
Wells
Westlake Whaley Wiggins Williams Wilson, R. W. Winkles Wood

WEDNESDAY, FEBRUARY 14, 1968

1467

Those not voting were Messrs.:

Blalock Branch Bray Brown, C. Busbee Chandler Clarke Conner
Cook Cooper, B. Crowe, William Crowe, W. J. Dickinson Dorminy Doster Farrar Grahl Hale

Harrington Harris, R. W. Henderson Hill Howard Jenkins Jordan, W. H. Leonard
Matthews, D. R. McCracken McDaniell Melton Merritt Moreland Murphy Nimmer Paris Peterson

Phillips Potts Rainey Reaves Russell Savage Scarlett Smith, J. R.
Snow Sweat Tucker Tye Underwood Walling Wamble Ward Wilson, J. M. Mr. Speaker

On the adoption of the Resolution, the ayes were 151, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

SR 182. By Senator Hall of the 52nd:
A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize the Board of Education of Floyd County to establish and participate in the cost of maintaining insurance, workmen's compensation and hospital programs for its employees; to provide the procedures connected there with; to provide 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 VIII, Section XII, Paragraph I of the Consti tution is hereby amended by adding at the end thereof the following:
"The Board of Education of Floyd County is hereby authorized to establish and participate in the cost of maintaining insurance, workmen's compensation and hospital programs for the benefit of its employees. The Board of Education is further authorized to determine the employer-employee contributions in such programs and the manner of paying such employer-employee contributions."
Section 2. When the above proposed amendment to the Constitution

1468

JOURNAL OF THE HOUSE,

shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to authorize the Board of Education of Floyd
NO ( ) County to establish and participate in the cost of maintaining insurance, workmen's com pensation and hospital programs for its employees?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, 3. K. Black Bond Bostick Bowen

Brantley, H. H. Brantley, H. L. Brown, B. D. Buck Caldwell Games Gates Cato Cheeks Cole Collins, J. F. Collins, M. Colwell Cooper, J. R.

Cox Dailey Daugherty Davis Dean DeLong Dent Dillon Dixon Dodson Dollar Douglas Edwards Egan

WEDNESDAY, FEBRUARY 14, 1968

1469

Fallin Farmer Fleming Floyd Funk Gary Gay Gaynor Gignilliat Graves Grier Gunter Hadaway Hall Hamilton Hargrett Harris, J. F. Harris, J. R. Harrison Higginbotham Holder Hood Howell Hutchinson Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Knapp Laite Lambert Lambros Land

Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Mauldin Maxwell McClatchey Miller Mixon Moate Moore, Don C. Moore, J. H. Mullinax Nash Nessmith Newton Northcutt Odom Oglesby Otwell Pafford Palmer Parker, C. A. Parker, H. W. Parrish Pickard Poss

Ragland Richardson Roach Ross Rowland Rush Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, V. T. Smith, W. L. Stalnaker Starnes Steis Sullivan Thompson, A. W. Thompson, R. Threadgill Town send Turner Vaughan, D. N. Vaughn, C. R. Ware Wells Westlake Whaley Wiggins Williams Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Blalock Branch Bray Brown, C. Busbee Chandler Clarke Conner Cook Cooper, B. Crowe, William Crowe, W. J. Dickinson Dorminy Doster

Farrar Grahl Hale Harrington Harris, R. W. Henderson Hill Howard Jenkins Jordan, W. H. Leonard Matthews, D. R. McCracken McDaniell Melton

Merritt Moreland Murphy Ninimer Paris Peterson Phillips Potts Rainey Reaves Russell Savage Scarlett Smith, J. R. Snow

1470
Sweat Tucker Tye

JOURNAL OF THE HOUSE,

Underwood Walling Wamble

Ward Wilson, J. M. Mr. Speaker

On the adoption of the Resolution, the ayes were 151, nays 0.

The Resolution, having received the two-thirds constitutional majority, was adopted.
Mrs. Merritt of the 68th stated that she was called from the floor of the House when the roll calls were ordered on HR 627-1367, HR 628-1373, HR 629-1373 and SB 182, but had she been present would have voted "aye".
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Defense and Veteran's Affairs and referred to the Committee on State of Republic:
HB 1393. By Mr. Higginbotham of the 119th: A Bill to be entitled an Act to amend an Act creating the State Depart ment of Veterans' Service, so as to change the maximum permissible compensation which may be received by the Director of the Department; and for other purposes.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Natural Resources and referred to the Committee on State of Republic:
HB 1394. By Mr. Higginbotham of the 119th: A Bill to be entitled an Act to amend an Act relating to the compensa tion of the Director of the Department of State Parks, so as to change the compensation of the Director; and for other purposes.
Mr. Leggett of the 21st arose to a point of personal privilege and addressed the House.
Under the general order of business established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:
HB 1178. By Messrs. McCracken of the 49th, Wiggins of the 32nd, Threadgill of the 32nd and Lambert of the 28th: A Bill to be entitled an Act to amend Code Chapter 34-10, so as to pro vide that each political party desiring to nominate candidates by con-

WEDNESDAY, FEBRUARY 14, 1968

1471

vention shall adopt rules and regulations governing the conduct of such conventions; and for other purposes.

The following amendment was read and adopted:
Mr. McCracken of the 49th moves to amend HB 1178 as follows:
By striking from Section 1 the following:
"Code Chapter 34-10, relating to the nomination of candidates, as amended, is hereby amended by adding at the end thereof a new Code Section to be known as Code Section 34-1011 and to read as follows:
'Section 34-1011. Nomination of Candidates by Petition.'",
and inserting in lieu thereof the following:
"Code Chapter 34-10, relating to the nomination of candidates, as amended, is hereby amended by adding at the end thereof the following:
'D. Nomination of Candidates by Convention.
'Section 34-1012. Nomination of Candidates by Convention.' ".

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Bennett Berry, C. E. Berry J. K. Black Blalock Bond Bostick Bowen

Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Buck
Busbee Carnes Cato Chandler Cheeks Cole Collins, M.

Conner Cooper, B. Crowe, W. J. Dailey Daugherty Davis Dean Dent Dillon Dixon Dollar Douglas Edwards

1472
Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Gunter Hadaway Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harrison Henderson Higginbotham Holder Howard Howell Hutchinson Jenkins Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan, G. Kirksey Lambert Lambros Land

JOURNAL OF THE HOUSE,

Lane, Dick Lane. W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrcy Magoon Malone Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Merritt Miller Mixon Moore, Don C. Moore, J. H. Mullinax Nessmith Newton Nimmer Northcutt Otwell Pafford Palmer Parker, C. A. Parker, H. W. Phillips Pickard

Poss Potts Rainey Reaves Ross Rowland Rush Russell Shanahan Sherman Shuman Simmons Sims Smith, V. T. Smith, W. L. Starnes Steis Sweat Thompson, A. W. Thompson, R. Turner Underwood Vaughan, D. N. Wamble Ward Ware Wells Westlake Whaley Wiggins Williams Wilson, J. M. Winkles Wood

Those voting in the negative were Messrs.

Battle DeLong Dodson

Fallin Oglesby Ragland

Smith, G. W. Wilson, R. W.

Those not voting were Messrs.:

Barfield Brown, C. Caldwell Gates Clarke Collins, J. F. Colwell Cook Cooper, J. R. Cox Crowe, William

Dickinson Dorminy Doster Egan Farmer Farrar Grier Hale Harris, R. W. Hill Hood

Johnson, B. Jordan, W. H. Kaylor Knapp Laite Leggett Lovell Mason Matthews, C. Melton Moate

Moreland Murphy Nash Odom Paris Parrish Peterson Ragland

WEDNESDAY, FEBRUARY 14, 1968

1473

Richardson Roach Savage Scarlett Shields Smith, J. R. Snow Stalnaker

Sullivan Threadgill Townsend Tucker Tye Vaughn, C. R. Walling Mr. Speaker

On the passage of the Bill, as amended, the ayes were 141, nays 8.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Mr. Pallin of the 94th stated that he had inadvertantly voted "nay" but in tended to vote "aye" on the passage of HB 1178, as amended.
HB 557. By Messrs. Dillon of the 128th and Games of the 129th: A Bill to be entitled an Act to create a State Board of Examiners of Plumbing Contractors; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act To create the State Board of Examiners of Plumbing Contractors; to provide for the examination of all master, contracting and journeymen plumbers; to provide for the issuance and renewal of licenses; to define certain terms; to provide for examination fees, license fees, and renewal fees and the disposition thereof; to pro vide for the appointment of members of the Board of Examiners of plumbing contractors; to provide for the duties of the board; to pro vide for compensation and expenses of the members of the board; to provide that no person, firm, or corporation shall engage in the busi ness of plumbing contracting, installation, or repairing of plumbing facilities unless qualified under the provisions of this Act; to provide for hearings of complaints; to provide for the publication of a roster; to provide for an effective date; to provide for exceptions; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1
A State Board of Examiners of Plumbing Contractors is hereby created to determine the fitness of master, contracting and journeyman plumbers to engage in said vocation in this State in order to safeguard

1474

JOURNAL OF THE HOUSE,

home and other property owners and tenants against faulty, inadequate, inefficient or unsafe plumbing installations and to protect the life, health and property of said owners and tenants in the State of Georgia.

SECTION 2

Master or Contracting Plumber. A master or contracting plumber is defined as an individual, partnership or corporation engaged in the design of plumbing systems and/or installation of plumbing equipment and is or has a partner, firm member, or regular employee, who is skilled in the art of design and installation of plumbing equipment, as herein after enumerated and who has sufficient practical knowledge and ex perience to efficiently and properly assume the responsible charge and direction of others in the design or Inspector of plumbing systems and installation of such equipment or plumbing systems, in the State of Georgia and who qualifies as such under this Act.

SECTION 3

Journeyman Plumber. Any person other than a master or con tracting plumber who has satisfied the Board as to his practical knowl edge of the installation of plumbing and has been licensed by the Board to install plumbing under the direction of a master or contracting
plumber.

SECTION 4

All master, contracting, or journeyman plumbers in the State of Georgia shall qualify in accordance with the provisions of this Act, and shall be required to stand an examination before the Board of Exam iners. Any applicant failing to pass his first examination for a certifi cate shall be entitled to take any subsequent examination held within six months from the date of his first examination without payment of any additional fee.

SECTION 5

Examinations shall be made up by said Board in such manner as to test the knowledge, skill and efficiency of the applicants. Examina tions shall be held at such time and place as may be fixed by the Board of Examiners at least quarterly. Written notice of the time and place of examinations shall be mailed to all persons who have filed appli cations for the examinations with the Secretary of the Board of Exami ners, to the address given on his applications.

SECTION 6

Requirements for Master or Contracting Plumbers License. With six months after the approval of this Act, all individuals, partnerships, or corporations desiring to qualify as a master or contracting plumber shall make application to stand the examination herein provided for, or within the same period, shall furnish satisfactory evidence such as current business license and/or journeyman or Master or Contractor

WEDNESDAY, FEBRUARY 14, 1968

1475

certificate to said Board that such individual, partnership, or corpora tion has a partner, firm member or regular employee who has success fully and efficiently engaged in said vocation. Any individual, partner ship or corporation so qualifying shall pay to said Board the fee pre scribed for applicants for examinations for qualification. The decision of the Board as to the qualifications of applicants taking the required examinations shall in the absence of fraud, be conclusive. All individuals, partnerships or corporations desiring to engage in said vocations after the expiration of six months after the approval of this Act, shall qualify under this Act before engaging in said vocation or business.

SECTION 7

The Board of Examiners shall be appointed by the Governor of the State of Georgia and shall consist of ten licensed master or contracting plumbers, experienced in plumbing installation and design, one member shall be appointed from each congressional district of Georgia and one qualified fulltime plumbing inspector. Each member shall serve for a term of four years. The Chairman of the Board shall be appointed by the Governor of the State of Georgia.

SECTION 8

Each of the members of said Board shall take an oath before the Governor of the State of Georgia that he will faithfully perform the duties of his office. The Board shall elect from among its members a secretary who shall keep the minutes, books and other records and files of the Board. He shall issue all certificates in the name of the Board which is hereby designated as "State Board of Plumbing Examiners", he shall send out all notices and attend to all correspondence under the direction of the Board; he shall receive and deposit in the aforementioned name of the Board, in a depository to be designated by the Board, all fees and perform such other duties as are incidental to his office and as may be required by the Board. He shall give bond payable to the Governor of the State of Georgia in the penal sum of $5,000.00 for the faithful performance of his duties and the premium therefor shall be paid from the fees of the Board. The Board may in its discretion provide for such extra remuneration for the services of the secretary as it may deem proper to be paid from said fees. No moneys shall be withdrawn from the funds of the Board except by direction of the Board which shall be by check signed by the Chairman and countersigned by the Secretary. A majority of the Board shall constitute a quorum for the transaction of all business.

SECTION 9

Applicants for examination shall pay the following fees; $25.00 for journeyman, $75.00 for contractor. All of the fees fixed by the Board of Examiners must accompany the applications for examinations and no part of said fees shall be refunded. Said fees shall be received by said Board and held by it solely for the purpose of paying the expenses of carrying out the provisions of this Act.

1476

JOURNAL OF THE HOUSE,

SECTION 10

Each of the members of the Board of Examiners shall receive the sum of not more than twenty ($20.00) dollars per day for each day actually engaged in the performance of the duties imposed by this Act, said sums to be paid only out of the fees received for examinations and renewal certificates. Each member shall also be reimbursed for travel expense going to and from his residence at the rate of six (Q/t) cents per miles.

SECTION 11

All certificates provided for herein shall be renewed annually, not later than ninety (90) days after the first day of January of each year, and all holders of certificates shall be entitled to renewal thereof upon payment of a renewal fee of not more than thirty-five ($35.00) dollars for contractor, and Ten ($10.00) dollars for journeyman per annum. All certificates not renewed under the provisions of this section shall be subject to a penalty, of $75.00 per year for each year not renewed, and further subject to re-examination after three years.

SECTION 12

No partnerships or corporation shall have the right to engage in the business of plumbing contracting, installation or repairing (as defined in Section 2 of this Act), unless there is regularly connected with such partnership or corporaiton a person or persons actually engaged in the performance of said business, who holds a certificate of qualification issued to him as provided for in this Act.
SECTION 13
Requirements for Journeyman's License. Within six months after the approval of this Act, all individuals, desiring to qualify as a journey man plumber, shall make application to stand the examination herein provided for, or within the same period, shall furnish satisfactory evidence to said Board that such individual has successfully and effi ciently engaged in said vocation. Any individual so qualifiyng shall pay to said Board the fee prescribed for applicants for examinations for qualification. The decision of the Board as to the qualifications of appli cants taking the required examinations shall in the absence of fraud be conclusive. All individuals desiring to engage in said vocation after the expiration of six months after the approval of this Act, shall qualify under this Act before engaging in said vocation. No person shall have the right to engage in the business of plumbing contracting, installing or repairing (as defined in Section 2 of this Act) in the State of Georgia unless such person holds a certification of qualification, issued to him as provided for in this Act.
SECTION 14
It shall be the duty of all partnerships and corporations qualified under this Act to immediately notify the Secretary of the Board of Examiners of the severance of connection of any person or persons upon whom such qualification rested with such partnership or corporation.

WEDNESDAY, FEBRUARY 14, 1968

1477

All applicants for examinations and certificates provided for by Sections 6, 13 and 11 of this Act and all applicants for renewal certifi cates under the provisions of Section 11 of this Act shall be required to fill out a form which shall be provided by the Board, which form will show whether or not the applicant is an individual, partnership or corporation, and if a partnership or corporation, the names and ad dresses of the officers, when and where formed or incorporated, and such other information as the Board may require. All forms of applications for renewal certificates shall also show whether or not the applicant, if it is a partnership or corporation, still has connected with it a duly qualified plumbing contractor holding a certificate issued by said Board.

SECTION 15

Any person, firm, or corporation violating any provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction there of shall be fined not less than twenty-five ($25.00) dollars, nor more than one hundred ($100.00) dollars or imprisonment in the county jail for a period of not more than ninety (90) days, or both, and if the vio lation of this Act consists of the engaging in said vocation or business without first obtaining the required certificate, each day the offender shall continue in business without said certificate shall constitute a new offense. In addition said Board shall have power and authority to cite the offender to appear before it and said offender shall be subject to have his or its certificate suspended or revoked in the discretion of the Board, where the violation does not consist of the conduct of said business or vocation without a certificate.

SECTION 16

Said Board shall also have power and authority to hear and de termine all complaints respecting the installation and/or repair covered by this Act, filed with said Board by any interested party after first giving the person against whom the complaint is filed at least five (5) days written notice of the time and place of hearing, together with a copy of the complaint filed against said person. If, upon the hearing the Board deems such complaint meritorious, said Board may, in its discretion, suspend or revoke the certificate of the person against whom the complaint is filed or may allow such person a reasonable time in which to meet and correct the complaint of the objecting party. All suspensions of certificates may be for such periods of time as said Board in its discretion may determine. All certificates revoked by the Board may in the discretion of the Board, be reinstated at any time thereafter upon good cause shown. The right to file complaints shall extend to any member of said Board and to any person the Board may employ to investigate the work of all individuals, firms, and corpora tions coming within the terms of this Act. To that end, said Board is hereby authorized and empowered to employ any qualified person or persons from time to time it may see fit to make such investigation and to report to and testify before the Board concerning same, paying said investigator from the fees of said Board for such services, if any remuneration is contracted in writing therefor. The right to file com plaints shall be cumulative to any other remedy now or hereafter pro vided by law and neither the decision of the Board nor any of its docu-

1478

JOURNAL OF THE HOUSE,

ments, records or transcribed or documentary evidence shall ever be used
by any party to any suit or law in equity or in any of the courts of this State.

SECTION 17
Said Board shall also publish annually a list of names and addresses of all individuals holding certificates of qualification under this Act, and shall mail a copy of said list to all qualified individuals.

SECTION 18
If any clause, sentence or paragraph, or part of this Act shall for any reason be held by any court of competent jurisdiction to be invalid, said judgment shall not affect, impair or invalidate the remainder of this Act, but shall be confined in its operation to the clause, paragraph or part directly involved in controversy in which said judgment was rendered.

SECTION 19
This Act shall take effect sixty (60) days from the date of its approval.
SECTION 20
Provided further, that the provisions of this Act shall not apply to public utility corporations operating under the supervision of the Georgia Public Service Commission.
SECTION 21
This Act shall not apply in any way to the following parties: to self-employed individual handymen working on jobs where not more than one individual is working for pay at any given time and to em ployees of any individual, business, industry, or corporation whose pri mary function is not plumbing installation or repair and said parties shall be exempt from the provisions of this Act.

SECTION 22
No provision of this Act shall be construed as prohibiting or pre venting a municipality or county from fixing, charging, assessing or collecting any registration fee, tax, or gross receipt tax on any business or on anyone engaged in any business.

SECTION 23

Notwithstanding any provision of this Act to the contrary any person may engage in plumbing contracting, installation or repairing within any municipality of county, provided he meets the licensing qualifications required by such municipality or county; provided, how-

WEDNESDAY, FEBRUARY 14, 1968

1479

ever, that any person who holds a certificate of qualification issued to him pursuant to the provisions of this Act may engage in the business of plumbing contracting, installation or repairing throughout the State of Georgia, and no municipality or county may require such person to comply with any additional licensing requirements imposed by such municipality or county.

SECTION 24

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

The following amendments were read and adopted:
Mr. Murphy of the 26th moves to amend HB 557 (Committee Sub stitute).
By adding at the end of Section 23 the following:
"Except as provided in Section 22"
Mr. Palmer of the 117th moves to amend HB 557 (Committee Sub stitute) in the following instances:
1. By correcting typographical errors in lines 1 & 2 of Section 6 by deleting the word "with" in line 1 and substituting the word "within" and by making the word "corporation" in line 2 the word "corporations".
2. By adding at the end of Line 8 the words " for a period of at least 6 months."
3. By adding to Section 7 Line 4, between the words "Georgia" and "and", the words, "four journeymen plumbers"
4. By adding to Section 10, in line 5, between the words "resi dence" and "at", the words "in conjunction with official meetings of the Board"
5. By adding to the end of line 5 (Section 13) the words "for a period of at least 6 months."
6. By adding to the end of Section 17, the following word "who make application for same"
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

1480

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Ballard Berry, C. E. Black Blalock Bond Branch Brantley, H. H. Bray Brown, B. D. Brown, C. Buck Busbee Carnes Cato Coiling, J. F. Colwell Conner Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean Dent Dickinson Dillon Dodson Dollar Doster Douglas Edwards Egan Farrar Funk

Gary Gay Grahl Graves Grier Hall Hamilton Hargrett Harrison Higginbotham Hill Holder Howard Hutchinson Jenkins Johnson, A. S. Johnson, B. Jones, C. M. Jones, M. Kaylor Kirksey Lambros Lane, Dick Lee, W. J. (Bill) Leggett Lewis Lowrey Mason Matthews, C. Maxwell McClatchey McDaniell Merritt Miller Moore, Don C. Moore, J. H. Moreland

Those voting in the negative were Messrs.:

Anderson Barber Barfield Battle Bcnnett Berry, J. K. Bostick Bowen Brantley, H. L.

Chandler Clarke Cole Cooper, B. Cooper, J. R. Dixon Gaynor Gignilliat Hadaway

Mullinax Murphy Nash Northcutt Odom Palmer Parker, C. A. Parrish Peterson Phillips Pickard Richardson Roach Ross Rowland Rush Russell Savage Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Stalnaker Starnes Steis Thompson, A. W. Thompson, R. Townsend Ware Wells Westlake Wiggins Winkles
Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Joiner Jordan, G. Lambert Land

WEDNESDAY, FEBRUARY 14, 1968

1481

Lane, W. J. Leonard Levitas Longino Malone Matthews, D. R. Mauldin Mixon

Nessmith Nimmer Oglesby Pafford Poss Reaves Scarlett Smith, V. T.
Sullivan

Sweat Underwood Vaughan, D. N. Whaley Williams Wilson, J. M. Wilson, R. W. Wood

Those not voting were Messrs.:

Caldwell Gates Cheeks Collins, M. Cook DeLong Dorminy Fallin Farmer Fleming Floyd
Gunter Hale Hood

Howell Jordan, W. H. Knapp Laite Lee, W. S. Lovell Magoon McCracken Melton Moate Newton Otwell
Paris Parker, H. W. Potts

Ragland Rainey Smith, J. R. Smith, W. L. Snow Threadgill Tucker Turner Tye Vaughn, C. R. Walling Wamble
Ward Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 110, nays 52.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Mr. Levitas served notice that at the proper time, he would ask the House to reconsider its action in giving the requisite constitutional majority to HB 557, by substitute, as amended.

Mr. Townsend stated that he had inadvertantly voted "aye" but intended to vote "nay" on HB 557, by substitute, as amended.

Mr. Cheeks of the 104th stated that he was in a committee meeting when the roll was called on HB 557, by substitute, as amended, but had he been present would have voted "nay".

HB 1012. By Mr. Smith of the 54th:
A Bill to be entitled an Act to amend an Act establishing the Georgia Legislative Retirement System, so as to provide a new definition for "Prior Service"; and for other purposes.

1482

JOURNAL OP THE HOUSE,

The following Committee substitute was read:

A BILL

To be entitled an Act to amend an Act establishing the Georgia Legislative Retirement System, approved March 31, 1967 (Ga. Laws 1967, p. 259), so as to provide a new definition for "Prior Service"; to provide for retirement at age 65 under certain conditions; to change the provisions relative to the distribution of funds in the event of a death of a member prior to retirement; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

SECTION 1

An Act establishing the Georgia Legislative Retirement System, approved March 31, 1967 (Ga. Laws 1967, p. 359), is hereby amended by striking Subsection (5) of Section 1 in its entirety and inserting in lieu thereof a new Subsection (5) to read as follows:

"(5) 'Prior Service' shall mean service rendered as a Repre sentative, Senator, or staff member of the General Assembly. It shall also mean day for day service on active duty in any compon ent of the Armed Forces of the United States; however, only that service which was performed during wartime or during any con flict in which military personnel were committed by the President of the United States shall be creditable, and provided further no such service in excess of five (5) years shall be creditable. No prior service shall be creditable except that which was rendered prior to January 1, 1954."

SECTION 2

Said Act is further amended by striking Subsection (1) of Sec tion 6 in its entirety and inserting in lieu thereof a new Subsection (1) to read as follows:

"(1) Any member of the System, who has attained age 65 and has completed 8 or more years of creditable service, or who has attained age 62 and has completed 8 or more years of mem bership service, shall be retired by the Board on a retirement allowance upon his written application therefor, and shall there upon become a beneficiary of the System, provided he is no longer in the service of the State whether as a member of the General Assembly or otherwise. The date of retirement shall be the first day of a calendar month which occurs not less than 30 days or more than 90 days subsequent to the filing of such application. Any member of the System who has completed 8 or more years of membership service and who has attained age 60 may elect to retire prior to age 62; however, in such event, his retirement allowance shall be reduced 5% for each year below age 62."

WEDNESDAY, FEBRUARY 14, 1968

1483

SECTION 3

Said Act is further amended by striking Subsection (3) of Section 10 in its entirety and inserting in lieu thereof a new Subsection (3) to read as follows:

"(3) If a member of the System otherwise eligible for retire ment dies prior to retirement, or if a member, who, having ob tained 20 years of creditable service, dies prior to retirement, the person nominated by him to receive the lump sum amount in Sub section (1) of this section shall receive, in lieu of such lump sum payment, an allowance for life in the same amount as if the de ceased member of the System had retired at the time of his death and had named such person as contingent beneficiary under Option 1 of Section 7. Should the person nominated not be living at the death of the deceased member, the accumulated contributions shall be paid to the estate of the deceased member."

SECTION 4

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

The following amendment was read and adopted:
Mr. Murphy of the 26th moves to amend HB 1012 (Committee Sub stitute) by striking from Sub-Section 3 of Section 3 the figure and words "20 years" and inserting in lieu thereof the words and figure "10 years".

An amendment, offered by Mr. Crowe of the 1st, was read and lost.

An amendment, offered by Mrs. Merritt of the 68th, was read and lost.
An amendment, offered by Mr. Farmer of the 29th, was read and lost.
Mr. Bennett of the 95th moved that HB 1012 and all amendments and sub stitutes thereto be tabled.
The motion was lost.

The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

1484

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Barber
Berry, C. E. Black Blalock Bostick Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Caldwell Carnes Cato Chandler Cheeks Collins, M. Conner Cooper, B. Cooper, J. R. Cox Crowe, W. J. Dailey Dean DeLong Dent Doster Edwards Fleming Gay Grahl Gunter Hadaway

Hall Hargrett Harrington Harrison Henderson Holder Howell Hutchinson Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, W. H. Kaylor Kirksey Laite Lambert Land Lane, Dick Lane, W. J. Leggett Leonard Lewis Lowrey Malone Mason Matthews, C. Mauldin McClatchey McCracken McDaniell Mixon Moate Moore, Don C. Mullinax

Those voting in the negative were Messrs.:

Anderson Ballard Bennett Berry, J. K. Bowen Gates Clarke Collins, J. F. Crowe, William Davis

Dickinson Dillon Dodson Farmer Farrar Gary Gaynor Gignilliat Graves Harris, J. F.

Murphy Nessmith Newton Otwell Pafford Parker, C. A. Parker, H. W. Peterson Phillips Pickard Poss Potts Rainey Reaves Richardson Roach Ross Rowland Rush Russell Savage Shanahan Sherman Shuman Smith, V. T. Smith, W. L. Stalnaker Steis Wamble Ward Ware Wells Wiggins Williams Wilson
Harris, J. R. Harris, R. W. Howard Jenkins Jordan, G. Lee, W. J. (Bill) Levitas Longino Matthews, D. R. Maxwell

Merritt Miller Nimmer Northcutt Odom Oglesby Paris

WEDNESDAY, FEBRUARY 14, 1968

1485

Parrish Scarlett Shields Simmons Sims Smith, G. W. Starnes

Sweat Thompson, A. W. Vaughan, D. N. Walling Westlake Whaley Wilson, R. W.

Those not voting were Messrs.:

Barfield Battle Bond Busbee Cole Colwell Cook Daugherty Dixon Dollar Dorminy Douglas Egan Fallin Floyd Funk

Grier Hale Hamilton Higginbotham Hill Hood Knapp Lambros Lee, W. S. Lovell Magoon Melton Moore, J. H. Morelaiid Nash Palmer

Ragland Smith, J. R. Snow Sullivan Thompson, R. Threadgill Townsend Tucker Turner Tye Underwood Vaughn, C. R. Winkles Wood Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 107, nays 51.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Mr. Miller of the 108th stated that he had inadvertantly voted "nay" but intended to vote "aye" on HB 1012, by substitute, as amended.

Mr. Bennett of the 95th requested that the following explanation of his vote of "nay" on HB 1012 appear in the Journal:

"Representative Jim T. Bennett, Jr., District 95 voted against HB 1012 and stated his opposition to Section 3 thereof and stated to the members of the House that such legislation would destroy the retirement system".

Mr. Lane of the 126th stated that he had inadvertantly voted "aye", but intended to vote "nay" on the passage of HB 1012, by substitute, as amended.

1486

JOURNAL OP THE HOUSE,

HB 1037. By Mr. Conner of the 91st:
A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System, relating to prior service as a member of the General Assembly; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Barber Black Blalock Bostick Bray Brown, B. D. Caldwell Games Gates Cato Chandler Cheeks Collins, J. F. Collins, M. Colwell Conner Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Dean Dent Dickinson Dodson Dorminy Doster Edwards Farmer Gay Gaynor Gignilliat Grahl Gunter Hall Hargrett Harrington

Higginbotham Holder Howell Hutchinson Johnson, A. S. Johnson, B. Joiner Kaylor Kirksey Lambert Land Lane, W. J. Leggett Leonard Lewis Longino Malone Mason Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken Miller Mixon Moate Moore, Don C. Moore, J. H. Mullinax Murphy Nash Nessmith Newton Northcutt Otwell Pafford Palmer

Paris Parker, C. A. Parker, H. W. Peterson Phillips Pickard Poss Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Russell Scarlett Shanahan Shields Shuman Sims Smith, V. T. Smith, W. L. Stalnaker Steis Thompson, A. W. Thompson, R. Underwood Vaughan, D. N. Ward Ware Wells Wiggins Williams Wilson, R. W.

WEDNESDAY, FEBRUARY 14, 1968

1487

Those voting in the negative were Messrs.

Adams Anderson Ballard Bennett Berry, J. K. Bowen, R. L. Clarke Davis DeLong Dillon Dixon Egan Fallin

Graves Harris, J. F. Harris, J. R. Harris, R. W. Hood Howard Jenkins Lane, Dick Lee, W. S. Le vitas Lowrey Maxwell Merritt

Nimmer Odom Potts Smith, G. W. Starnes Sullivan Sweat Threadgill Town send Walling Westlake Whaley Winkles

Those not voting were Messrs.:

Alexander Barfield Battle Berry, C. E. Bond Branch Brantley, H. H. Brantley, H. L. Brown, C. Buck Busbee
Cole
Cook Cooper, B. Dollar Douglas Farrar Fleming Floyd

Funk Gary Grier Hadaway Hale Hamilton Harrison Henderson Hill Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Knapp Laite Lambros Lee, W. J. (Bill) Lovell Magoon

McDaniell Melton Moreland Oglesby Parrish Savage Sherman Simmons Smith, J. R. Snow Tucker Turner Tye Vaughn, C. R. Wamble Wilson, J. M. Wood Mr. Speaker

On the passage of the Bill, the ayes were 110, nays 39.

The Bill, having received the requisite constitutional majority, was passed.
HB 846. By Mr. Higginbotham of the 119th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt the sale of food to be consumed on the premises of private elementary schools by pupils and employees from the taxes imposed by said Act; and for other purposes.

1488

JOURNAL OP THE HOUSE,

The following Committee Substitute was read and adopted:

A BILL

To be entitled an Act To amend an Act known as the "Georgia Retailer's and Consumers' Sales and Use Tax Act", approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended particularly by an Act approved April 7, 1967 (Ga. Laws 1967, p. 282), so as to exempt the sale of food to be consumed on the premises of certain private elementary and secondary schools by pupils and employees from the taxes imposed by said Act; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1

An Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended particularly by an Act approved April 7, 1967 (Ga. Laws 1967, p. 282), is hereby amended by striking subparagraph (u) of Section 3(c)2 in its entirety and inserting in lieu thereof a new subparagraph (u) to read as follows:

(u) Sales of food to be consumed on the premises by pupils and employees of private elementary and secondary schools which have been approved by the State Revenue Commissioner as organizations eligible to receive tax exempt contributions."

SECTION 2

All laws and parts of laws in conflict with this Act are hereby repealed.
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, by substitute, the ayes were 112, nays 0.

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

HB 1135. By Mr. Mixon of the 81st:
A Bill to be entitled an Act to amend Code Section 88-506 of the "Georgia Health Code", so as to provide that written notice of the examination

WEDNESDAY, FEBRUARY 14, 1988

1489

hearing may be given by the court of the ordinary by registered mail to two of the three nearest adult relatives residing within this State; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the aye were 108, nays 0.

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

HB 1044. By Mr. Harris of the 85th:
A Bill to be entitled an Act to amend an Act comprehensively revising appellate and other post-trial procdure, so as to redefine what judgments shall be subject to review; and for other purposes.

The following amendment was read and adopted:
Mr. Harris of the 85th moves to amend House Bill No. 1044 as follows:
By striking the title and substituting in lieu thereof a new title to read as follows:
"A bill to be entitled an Act to amend an Act comprehensively revising appellate and other post trial procedure, approved Febru ary 19, 1965 (Ga. Laws 1965, p. 18), as amended by an Act approved March 24, 1965 (Ga. Laws 1965, p. 240), and an Act approved March 15, 1966 (Ga. Laws 1966, p. 493), so as to redefine what judgments shall be subject to review; to provide for the method of rview or orders and judgments; to provide that no appeal shall be dismissed except under certain conditions; to provide for dismissal by the court for inexcusable delay in the filing of the transcript or in transmitting the record to the appellate court; to provide for certain actions to perfect the appeal and record; to amend section 13, relat ing to the sufficiency of appeals, so as to further define the suffici ency of notice of appeal and enumeration of errors; to amend section 15, relating to joint appeals and motions so as to authorize separate enumerations of errors in certain instances and provide for the record and transcript of evidence and proceedings; to amend section 18, relating to service, so as to redefine same; to amend section 12, relating to preparation of the record; to amend section 14, relating to the enumeration of errors, so as to redefine same; to amend sec tion 5, relating to filing of notice of appeal and cross appeal, so as to provide for the record; to provide that the failure of the court reporter to timely file the transcript of evidence and proceedings

1490

JOURNAL OF THE HOUSE,

shall not affect the validity of the appeal except in stated circum stances; to repeal conflicting laws; and for other purposes."
By striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows:

"Section 1. An Act comprehensively revising appellate and other post trial procedure, approved February 19, 1965 (Ga. Laws 1965, p. 18), as amended by an Act approved March 24, 1965 (Ga. Laws 1965, p 240), and an Act approved March 15,1966 (Ga. Laws 1966, p. 493), is hereby amended by striking from section 1 (a), relating to judgments subject to review, subparagraphs (2) and (3) and substi tuting in lieu thereof the following:

'(2) Where the trial judge in rendering an order, decision or judgment not otherwise subject to direct appeal, certifies within ten (10) days of entry thereof that such order, decision or judgment is of such importance to the case that immediate review should be had;

(3) From all judgments involving applications for dis charge in bail trover and contempt cases; from all judgments or orders directing that an accounting be had; from all judg ments or orders granting or refusing application for receivers, or for interlocutory or final injunction; from all judgments or orders rendered after hearing, continuing in effect, modifying, vacating, or refusing to continue, modify or vacate a temporary restraining order; from all judgments or orders granting or refusing applications for attachment against fraudulent debt ors; from all judgments or orders granting or refusing to grant applications for alimony, either temporary or permanent, man damus or other extraordinary remedy; from all judgments or orders refusing applications for dissolution of corporations created by the superior courts; and from all judgments or orders sustaining a motion to dismiss a caveat to the probate of a will.

(4) Review of orders and judgments with respect to mo tions for summary judgment shall be governed by Section 56(h), as amended, of the Georgia Civil Practice Act, approved March 18, 1966 (Ga. Laws 1966, p. 609), as amended.' "

By striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows:
"Section 2. Said Act is further amended by striking Section 13 (b) thereof, as amended, relating to dismissals, and by substistituting in lieu thereof the following:
'(b) No appeal shall be dismissed or its validity affected for any cause or consideration of any enumerated error refused, except for (1) failure to file notice of appeal within the time required as provided in this Act or within any extension of time granted hereunder; (2) where the decision of judgment is not then appealable; or (3) where the questions presented have become moot. No appeal shall be dismissed by the appellate court

WEDNESDAY, FEBRUARY 14, 1968

1491

nor consideration of any error therein refused because of fail ure of any party to cause the transcript of evidence and pro ceedings to be filed within the time allowed by law or order of court, but the trial court may, after notice and opportunity for hearing, order that the appeal be dismissed where there has been an unreasonable delay in the filing of such transcript and it is shown that the delay was inexcusable and was caused by such party; and in like manner, the trial court may order the appeal dismissed where there has been an unreasonable delay in the transmission of the record to the appellate court, and it is seen that such delay was inexcusable and was caused by the failure of a party to pay costs in the trial court or file paupers' affi davit. At any stage of the proceedings, either before or after argument, the court shall by order, either with or without mo tion, provide for all necessary amendments, require the trial court to make corrections in the record or transcript or certify what transpired below which does not appear from the record on appeal, require that additional portions of the record or transcript of proceedings be sent up, or require that a complete transcript of evidence and proceedings be prepared and sent up, or take any other action to perfect the appeal and record so that the appellate court can and will pass upon the appeal and not dismiss it.' "

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of he Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Battle Bennett Berry, C. E.
Berry, J. K. Black Blalock Bond
Bostick Bowen Branch Bray
Brown, B. D. Brown, C. Buck
Busbee

Caldwell Carnes Gates Cato Chandler Cheeks Clarke Cole
Collins, J. P. Collins, M. Cook Cooper, B.
Cox Crowe, William Crowe, W. J. Dailey
Daugherty Davis Dean
DeLong

Dent Dillon Dixon Dodson Dorminy Doster Douglas Edwards
Egan Tallin Farmer Fleming
Gary Gay Gaynor Gignilliat
Grahl Graves Gunter
Hadaway

1492

JOURNAL OF THE HOUSE,

Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Hill Holder Hood Howard Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Laite Lambert Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Le vitas Lewis Longino

Lowrey Malone Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell Melton Merritt Miller Mixon Moore, Don C. Moore, J. H. Mullinax Murphy Nes smith Newton Nimmer Odom Otwell Paflord Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Reaves Richardson Roach Ross

Rowland Rush Russell Savage Scarlett Sherman Shields Shuman Sims Smith, G. W. Smith, V. T. Smith, W. L. Stalnaker Starnes Steis Sullivan Sweat Thompson, A. W. Townsend Tucker Underwood Vaughan, D. N. Walling Wamble Ward Ware Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles

Those not voting were Messrs. :

Barfield Brantley, H. H. Brantley, H. L. Colwell Conner Cooper, J. R. Dickinson Dollar Farrar Floyd Funk Grier Hale Higginbotham

Howell Jordan, W. H. Knapp Lambros Lovell Magoon Mason McClatchey McCracken Moate Moreland Nash Northcutt Oglesby

Ragland Rainey Shanahan Simmons Smith, J. R. Snow Thompson, R. Threadgill Turner Tye Vaughn, C. R. Wells Wood Mr. Speaker

On the passage of the Bill, as amended, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

WEDNESDAY, FEBRUARY 14, 1968

1493

HB 1230. By Mr. Harris of the 85th:
A Bill to be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding and modernizing pretrial, trial and certain post trial procedures in civil cases, so as to provide for service by publication when so ordered by the court; to provide that a party may amend his pleadings at any time before the entry of a pretrial order; and for other purposes.

The following amendment was read and adopted:
THE JUDICIARY COMMITTEE MOVES TO AMEND H. B. NO. 1230 AS FOLLOWS:
(1) By adding to the title, prior to the clause "to repeal con flicting laws," the clause "to redefine the effective date," and by renumbering the repealer clause as Section 12, and by adding a new section 10 as follows:
"Section 10. Said act is further amended by striking Section 86, as amended, relating to effective date, and by substituting in lieu thereof the following:
"Section 86. Effective date, (a) This Act shall become ef fective September 1, 1967, and shall govern all proceedings in actions brought after such date, and also all further proceed ings in actions then pending.
(b) This Act shall also be applied retroactively by the trial and appellate courts where the effect thereof is to render valid something which was not valid when done, but this Act shall not be applied retroactively when the effect v/ould be to render invalid something which was valid when done, or where such application would impair vested rights or otherwise be in viola tion of the Constitution."
(2) By adding to the title, prior to the clause "to repeal con flicting laws", the clause, "to redefine applicability of the Act," and by adding a new section 11, as follows:
"Section 11. Section 81 of said Act, as amended, relating to applicability, is hereby amended by striking said section and by substituting in lieu thereof the following:
"Section 81. Applicability. This Act shall apply to all spe cial statutory proceedings except to the extent that specific rules or practice and procedure in conflict therewith are ex pressly prescribed by law, but in any event, the provisions of this Act governing the sufficiency of pleadings, defenses; amendments; counterclaims; cross claims; third party practice; joinder of parties and causes; making parties; discovery and depositions; interpleader; intervention; evidence; motions; sum mary judgment; relief from judgments and the effect of judg ments; shall apply to all such proceedings."

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JOURNAL OF THE HOUSE,

(3) By striking from the quoted matter in Section 1 thereof, the next to the last sentence, and by substituting in lieu thereof, the following:

"Where the residence or abiding place of the absent or non resident is known, the party obtaining the order shall advise the clerk thereof, and it shall be the duty of the clerk, within 15 days after filing of the order for service by publication, to en close, direct, stamp and mail a copy of the notice, together with a copy of the order for service by publication and complaint (if any), to said party named in said order at his last known ad dress, if any, and make an entry of his action on the complain or other pleadings filed in said case. The copy of the notice to be mailed to the non resident shall be a duplicate of the one published in the newspaper, but need not necessarily be a copy of the newspaper itself."

(4) By striking in Section 6, in the quoted new Section 18 (a) the word "ultimate" and substituting in lieu thereof the word "alternate."

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bostick Bowen Branch
Brantley, H. L. Bray Buck Busbee Carnes Cato Chandler

Cheeks Clarke Cole Collins, M. Conner Cook Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis DeLong Dent
Dillon Dixon Dodson Doster Douglas Edwards Egan

Fallin Farmer Farrar Fleming Gary Gay Gaynor Gignilliat Graves Hadaway Hall Hargrett Harrington Harris, J. R. Harris, R. W.
Higginbotham Hill Holder Hood Howell Hutchinson Jenkins

WEDNESDAY, FEBRUARY 14, 1968

1495

Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Laite Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Longino Lovell Lowrey Malone Mason Matthews, C. Mauldin Maxwell

McClatchey McCracken Merritt Miller Mixon Moore, Don C. Moore, J. H. Mullinax Nessmith Newton Nimmer Northcutt Odom Otwell Pafford Palmer Parker, C. A. Parrish Peterson Phillips Pickard Potts Rainey Reaves Richardson Roach Rowland Russell

Scarlett Sherman Shields Shuman Sims Smith, G. W. Smith, V. T. Smith, W. L. Snow Starnes Steis Sweat Thompson, R. Townsend Tucker Turner Underwood Walling Wamble Ward Ware Westlake Whaley Williams Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Bond Brantley, H. H. Brown, B. D. Brown, C. Caldwell Gates Collins, J. F. Colwell Cooper, B. Dean Dickinson Dollar Dorminy Floyd Funk Grahl Grier Gunter Hale

Hamilton Harris, J. F. Harrison Henderson Howard Jordan, W. H. Knapp Magoon Matthews, D. R. McDaniell Melton Moate Moreland Murphy Nash Oglesby Paris Parker, H. W. Poss

Ragland Ross Rush Shanahan Simmong Smith, J. R. Stalnaker Sullivan Thompson, A. W. Threadgill Tye Vaughan, D. N. Vaughn, C. R. Wells Wiggins Wilson, J. M. Mr. Speaker

On the passage of the Bill, as amended, the ayes were 150, nays 0.

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

1496

JOURNAL OF THE HOUSE,

HB 1035. By Messrs. Murphy of the 26th, Dailey of the 66th, Edwards of the 57th
and Smith of the 3rd: A Bill to be entitled an Act to amend an Act establishing a retirement fund and retirement benefits for Ordinaries, as amended, so as to pro vide for retirement benefits for the Secretary-Treasurer; and for other purposes.

By unanimous consent, further consideration of this Bill was postponed until tomorrow, February 15, 1968.

HR 420-932. By Messrs. Northcutt of the 35th and Lane of the 126th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that no political entity or agency attempting to expand any airport facility shall exercise its power of eminent domain to condemn any building used as a residence or business until the occupants of said building have been relocated to equivalent facilities; 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 III, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"No county, municipality, other political authority or agency of the State attempting to expand any airport, runway or related facility shall exercise its power of eminent domain to condemn any building used for a residence or place of business, whether owned, rented or leased by its occupant or occupants, until the occupant or occupants have been relocated to equivalent facilities by the county, municipality, other political authority or agency of the State."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with th "Ayes" and "Nays" taken thereon, such proposed amend ment shall be published and submitted as provided in Article XIII, Sec tion I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

WEDNESDAY, FEBRUARY 14, 1968

1497

"YES ( ) Shall the Constitution be amended so as to provide that no political entity or agency attempting to ex pand any airport facility shall exercise its power of
NO ( ) eminent domain to condemn any building used as a residence or business until the occupants of said build ing have been relocated to equivalent facilities?

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The following Committee substitute was read:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for proration of ad valorem taxes on condmned property; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article I, Section III, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"When property is taken by condemnation proceedings, or nego tiated therefor, the condemnee shall not be responsible for ad valorem tax thereon except for that portion due to the date of taking on a daily pro rata basis for the year in which taken. The condemnee shall be responsible for any delinquent taxes.
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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JOURNAL OF THE HOUSE,

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 for NO ( ) the proration of ad valorem taxes in condemnation cases?

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "YES". All persons desiring to vote against ratify ing the proposed amendment shall vote "NO".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

On the adoption of the Committee substitute, the ayes were 22, nays 109.

The Committee substitute was lost.
Due to mechanical failure, the roll call vote on the Committee substitute could not be confirmed.
The following substitute, offered by Mr. Northcutt of the 35th, was read:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for special residential value to homeowners in condemnation; to provide for proration of ad valorem taxes on condemned property; to provide for payment of appraiser's and attorney's fees; to provide for the submis sion of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article I, Section III, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"In determining or estimating just and adequate compensa tion to be paid a property owner for a home in which he dwells, when condemned by any lawful authority for any lawful purpose, such homeowner in every case shall be entitled to an award based on the highest and best use of his property, taking into considera-

WEDNESDAY, FEBRUARY 14, 1968

1499

tion all the facts as to the condition of the property, its surround ings, improvements and capabilities. However, where there is no reasonable probability that the condemned property could be used for purposes other than for residential purposes, such homeowner shall be entitled to a reasonable excess cost of securing like premises in the homeowner's immediate area or in an equally good resi dential area, over and above the fair market value of the premises condemned. Such special residential value to the homeowner shall not be recoverable if an amount awarded for the fair market value of the premises taken will be sufficient to enable the homeowner to secure adequate like or equal premises in the same immediate neighborhood or other equally good residential area."

The following amendment was read and adopted:
Mr. Vaughn of the 117th moves to amend the floor substitute to HR 420-932 by striking the following language in line 4, Section 1, 2nd paragraph
"for any lawful purpose"
and inserting in lieu thereof the following language:
"for airport expansion purposes".

On the adoption of the substitute, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Anderson Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Branch Brantley, H. L. Bray Brown, B. D. Brown, C. Cato Chandler Cheeks

Clarke Cole Collins, J. F. Colwell Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Davis DeLong Dent Dixon Dorminy Doster Douglas Edwards Fallin Farmer

Fleming Funk Gary Gay Gignilliat Grahl Graves Gunter Hadaway Hall Hargrett Harrington Harris, R. W. Higginbotham Hill Holder Howell Hutchinson Jenkins

1500

JOURNAL OP THE HOUSE,

Johnson, A. S. Johnson, B. Joiner Jordan, G. Kaylor Kirksey Land Lane, Dick Lee, W. J. (Bill) Leggett Leonard Lewis Longino Lovell Lowrey Malone Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken

Miller Mixon Moore, Don C. Mullinax Nessmith Nimmer Northcutt Otwell Pafford Palmer Parker, C. A. Parrish Phillips Poss Potts Rainey Reaves Roach Rowland Russell Savage

Shanahan Sherman Shuman Simmons Smith, G. W. Smith, V. T. Smith, W. L. Starnes Steis Sweat Thompson, A. W. Thompson, R. Tucker Vaughn, C. R. Walling Wamble Ward Ware Westlake Whaley Wilson, R. W.

Those voting in the negative were Messrs.

Adams Alexander Carnes Cook Daugherty Dillon Dodson Egan Grier

Hood Jones, M. Knapp Lambert Lambros Lee, W. S. McClatchey Moore, J. H. Odom

Those not voting were Messrs.:

Ballard Bowen Brantley, H. H. Buck Busbee Caldwell Gates Collins, M. Conner Cooper, B. Dean Dickinson Dollar Parrar Floyd Gaynor Hale Hamilton

Harris, J. P. Harris, J. R. Harrison Henderson Howard Jones, C. M. Jordan, W. H. Laite Lane, W. J. Le vitas Magoon Mason McDaniell Melton Merritt Moate Moreland Murphy

Richardson Scarlett Threadgill Underwood Wiggins Williams Winkles
Nash Newton Oglesby Paris Parker, H. W. Peterson Pickard Ragland Ross Rush Shields Sims Smith, J. R. Snow Stalnaker Sullivan Townsend Turner

WEDNESDAY, FEBRUARY 14, 1968

1501

Tye Vaughan, D. N.

Wells Wilson, J. M.

Wood Mr. Speaker

On the adoption of the substitute, as amended, the ayes were 120, nays 25.

The substitute, as amended, was adopted.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to, by substitute, as amended.

On the adoption of the Resolution, by substitute, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Anderson Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Bond Bostick Branch Brantley, H. L. Bray Brown, B. D. Brown, C. Cato Cheeks Clarke Cole Collins, J. F. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Davis DeLong Dent Dixon Dorminy Doster Douglas Edwards Fallin

Farmer Fleming Funk Gary Gay Grahl Graves Gunter Hadaway Hall Hargrett Higginbotham Hill Holder Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jordan, G. Kaylor Kirksey Land Lane, Dick Lee, W. J. (Bill) Leggett Leonard Levitas Lewis Longino Lovell Lowrey

Malone Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken Mixon Moore, Don C. Moore, Don C. Mullinax Nessmith Nimmer Northcutt Otwell Pafford Palmer Parker, C. A. Parrish Phillips Poss Rainey Reaves Roach Rowland Russell Savage Shanahan Sherman Shuman Simmons Smith, G. W. Smith, V. T. Smith, W. L.

1502
Starnes Steis Sweat Thompson, R. Tucker

JOURNAL OF THE HOUSE,

Vaughn, C. R. Walling Ward Ware Westlake

Whaley Williams Wilson, R. W.

Those voting in the negative were Messrs.:

Adams Alexander Carnes Cook Daugherty Dillon Dodson Egan Gaynor

Gignilliat Grier Harris, J. R. Hood Jones, M. Lambert Lambros Lee, W. S. McClatchey

Miller Odom Richardson Scarlett Threadgill Underwood Wiggins Winkles

Those not voting were Messrs.:

Ballard Barber Blalock Bowen Brantley, H. H. Buck Busbee Caldwell Gates Chandler Collins, M. Colwell Conner Cooper, B. Dean Dickinson Dollar Farrar Floyd Hale Hamilton Harrington Harris, J. F.

Harris, R. W. Harrison Henderson Howard Jones, C. M. Jordan, W. H. Knapp Laite Lane Magoon Mason McDaniell Melton Merritt Moate Moore, J. H. Moreland Murphy Nash Newton Oglesby Paris Parker, H. W.

Peterson Pickard Potts Ragland Ross Rush Shields Sims Smith, J. R. Snow Stalnaker Sullivan Thompson, A. W. Townsend Turner Tye Vaughan, D. N. Wells Wilson, J. M. Wood Mr. Speaker

On the adoption of the Resolution, by substitute, as amended, the ayes were 112, nays 26.

The Resolution, by substitute, as amended, having failed to receive the requisite two-thirds constitutional majority, was lost.

WEDNESDAY, FEBRUARY 14, 1968

1503

Mr. Northcutt of the 35th served notice that at the proper time, he would ask the House to reconsider its action in failing to give the requisite two-thirds constitutional majority to HR 420-932, by substitute, as amended.

Mr. Busbee of the 79th moved that the House do now adjourn until 11:00 o'clock, tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 11:00 o'clock, tomorrow morning.

1504

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia

Thursday, February 15, 1968.

The House met pursuant to adjournment at 11:00 o'clock, A.M., this day and was called to order by the Speaker.

Prayer was offered by Dr. Stanley Hahn, Pastor, First Baptist Church, Dublin, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Mr. Black of the 56th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second Reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the calendar for today's business, February 15th, 1968, and submits the following:

THURSDAY, FEBRUARY 15, 1968

1505

HB

881. Traffic violations, point system.

HB

882. Financial responsibility law, amend.

HB

682. Property sold for school taxes (Reconsidered).

HB

920. Solicitor-General Emeritus (Reconsidered).

HB

939. Banking law, common stock.

HB

950. Peace Officers' Annuity Fund.

HB

958. First bail, matter of right.

HB

975. Motor vehicles, certain weight.

HB 1038. Burning of cross, public or private property.

HB 1043. Residuary bequest, widow, debts, taxes, etc.

HB 1061. Highway Department, grant permits to utilities.

HB 1063. Georgia Interdepartmental Council on the Handicapped.

HB 1080. Honorary drivers' license, change requirements.

HB 1102. Officials and employees, mileage expense.

HB 1144. Simulated court process, prohibit use to collect debt.

HB 1176. Hospital Authority Law, revenue certificates.

HB 1177. Hospital Authority Law, general funds.

HB 1189. Voting machines, ballots, number.

HB 1213. Solicitor-General, salary

HB 1217. Planning Commission, counties and municipalities.

HB 1238. Audits, municipalities and counties.

HB 1270. Fox hunting, Walker County.

HB 1277. Planning Commissions, county, municipal.

HB 1289. Commercial production of alligators.

HB 1315. Sales tax, property sold to private schools.

HB 1341. Federal Tax Lien Act of 1966, amend.

HB 1346. Agriculture Commodities, Marketing Agreements.

HB 1354. Agricultural products, sales promotion.

HB 1360. Insurance, Policies cancelled, reason

HR 93- 219. Justices of the Peace, Jurisdiction Civil Cases.

HR 379- 853. Juvenile Court Law Study Commission.

HR 414- 923. Create Committee, Urban and Municipal Affairs.

HR 451- 994. Interim Study Committee, highways.

HR 520-1103. Convey land, Fulton County.

1506

JOURNAL OF THE HOUSE,

HR 524-1104. Ad Valorem taxes, public utilities property.

HR 561-1220. Joint Committee, study insecticides, etc.

HR 620-1348. Promotion of agricultural products.

SB

120. Driver intoxicated, change punishment.

SB

151. Municipal primaries, election code.

SB

189. State Revenue Commissioner, compensation.

SB

214. Contract, statute of limitations.

SR

146. Pertaining to Uniform Time.

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Busbee of the 79th, Vice-Chairman.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

HB 1454. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Chattooga County upon an annual salary, so as to change the com pensation of the chief deputy, one deputy sheriff and the jailer; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1455. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Chattooga County into the office of Tax Commis sioner of Chattooga County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1456. By Mr. Parrish of the 96th:
A Bill to be entitled an Act to amend an Act changing the mode of compensating the clerk of the superior court, the ordinary, and the tax commissioner of Cook County from the fee system to the salary system, so as to increase the salary of the ordinary of said county; and for other purposes.
Referred to the Committee on Local Affairs.

THURSDAY, FEBRUARY 15, 1968

1507

HB 1457. By Mr. Jordan of the 82nd:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the clerk of the superior court, the ordinary, and the tax commissioner of Coffee County and providing in lieu thereof salaries, so as to change the maximum compensation allowable to the clerk of the Sheriff of Coffee County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1458. By Mr. Malone of the 117th:
A Bill to be entitled an Act to amend an Act creating and establishing the civil and criminal court of DeKalb County, so as to provide the salaries of the solicitor; and for other purposes.
Referred to the Committee on Local Affairs.

HR 675-1458. By Mr. Floyd of the 7th:
A Resolution proposing an amendment to the Constitution, so as to change the manner of election and terms of office of the members of the Board of Education of Chattooga County; and for other purposes.
Referred to the Committee on Local Affairs.

HR 676-1458. By Mr. Floyd of the 7th:
A Resolution proposing an amendment to the Constitution so as to pro vide that the proceeds of ad valorem taxes collected on motor vehicles by Chattooga County may be used by the governing authority of said county in the same calendar year in which such taxes are collected; and for other purposes.
Referred to the Committee on Local Affairs.
HR 677-1458. By Messrs. Floyd of the 7th, Busbee of the 79th, Smith of the 114th, Longino of the 122nd, Wiggins of the 32nd and Moore of the 20th:
A Resolution proposing an amendment to the Constitution so as to pro vide that no change in the compensation for certain officers shall become effective during the term of such officers; and for other purposes.
Referred to the Committee on State of Republic.
HB 1459. By Messrs. Rowland and Joiner of the 48th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Washington County upon an annual salary, so as to change the com pensation of the sheriff; and for other purposes.
Referred to the Committee on Local Affairs.

1508

JOURNAL OF THE HOUSE,

HB 1460. By Mr. Colwell of the 5th:
A Bill to be entitled an Act to change the present method of compen sating the sheriff of Union County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1461. By Mr. Harris of the 85th:
A Bill to be entitled an Act to amend the charter of the City of Bruns wick, so as to provide specific requirements relating to the publications of ordinances, by laws and resolutions, which are adopted for the purpose of raising revenue, before the same shall become effective; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1462. By Mr. Jones of the 76th:
A Bill to be entitled an Act to amend the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to make certain transactions the equivalent of a retail sale under said Act; and for other purposes.
Referred to the Committee on Rules.

HB 1463. By Messrs. Vaughn, Malone and Palmer of the 117th, Harris and Levitas of the 118th, Westlake and Davis of the 119th and Ballard of the 3 7th: A Bill to be entitled an Act to provide for a change in the holding of the terms of the Superior Courts of the Stone Mountain Judicial Circuit; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1464. By Mr. Jordan of the 82nd: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Nicholls, so as to change the maximum amount of compensation of the Mayor and Aldermen of the City of Nieholls; and for other purposes.
Referred to the Committee on Local Affairs.
HR 678-1464. By Mr. Bowen of the 69th: A Resolution proposing an amendment to the Constitution so as to create the Dooly County Industrial Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.

THURSDAY, FEBRUARY 15, 1968

1509

HB 1465. By Messrs. Russell and Oglesby of the 92nd:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Boston in the County of Thomas, so as to provide for a change in the election of a marshal, who shall also be chief of police, from an election by the qualified voters to an elec tion by the mayor and council of the City of Boston; and for other purposes.
Referred to the Committee on Local Affairs.

HR 679-1465. By Messrs. Carnes of the 129th, Adams of the 125th, Dillon of the
128th, Lane of the 126th, Brantley of the 139th and others: A Resolution proposing an amendment to the Constitution, so as to provide the procedure where taxes other than ad valorem taxes may be levied in Fulton County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1466. By Messrs. Graves, Lowrey and Starnes of the 13th:
A Bill to be entitled an Act to amend an Act establishing a Merit System for the Government of Ployd County, so as to include certain employees of the Office of the Solicitor General; and for other purposes.
Referred to the Committee on Local Affairs.
HR 680-1466. By Messrs. Levitas, Walling and Farrar of the 118th:
A Resolution creating the Constitution Revision Commission, calling a Constitution Convention and providing for the procedure and other matters relative thereto; and for other purposes.
Referred to the Committee on State of Republic.
HB 1467. By Messrs. Malone, Palmer, Smith and Vaughn of the 117th, Westlake, Higginbotham, Davis and Jenkins of the 119th:
A Bill to be entitled an Act to amend an Act supplementing the exist ing laws of this State which enable DeKalb County to exercise the powers of planning zoning and rezoning, so as to improve, clarify and make more complete the methods and procedures for the regulation of zon ing and rezoning and ways setting the use to which land and/or the improvements thereon may be lawfully put; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1468. By Mr. Steis of the 100th: A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Talbot County, so as to change the compensation of the tax commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

1510

JOURNAL OF THE HOUSE,

HB 1469. By Mr. Steis of the 100th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Talbot County upon an annual salary, so as to provide for additional deputies, their compensation and method of payment; and for other purposes.
Referred to the Committee on Local Affairs.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1425. By Mr. Tucker of the 36th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Henry County, so as to provide for the election of commissioners by the qualified voters of the entire county; and for other purposes.

HB 1426. By Mr. Tucker of the 36th:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Henry County; to provide for commissioner districts; and for other purposes.

HB 1427. By Mr. Tucker of the 36th:
A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court and the ordinary of Henry County on an annual salary in lieu of the fee basis of compensation, so as to change the compensation of the clerk of the superior court and the ordinary; and for other purposes.

HR 662-1427. By Mr. Tucker of the 36th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Henry County to levy a tax not to exceed 2 mills per dollar on all taxable property located therein to retire bonded indebtedness and to otherwise support and maintain the operations of the Henry County Water Authority; and for other purposes.

HR 663-1427. By Mr. Tucker of the 36th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to change the form of government of Henry County; to provide for a county manager; and for other purposes.

THURSDAY, FEBRUARY 15, 1968

1511

HB 1428. By Mr. Black of the 56th:
A Bill to be entitled an Act to fix the compensation of the Commis sioner of Roads and Revenues in counties having a population of not less than 2,750 nor more than 3,250; and for other purposes.

HB 1429. By Mr. Black of the 56th:
A Bill to be entitled an Act to provide that any municipality within a county of this State having a population of not less than 2,750 nor more than 3,250 may remove, obliterate, or abate any public or private nuisance found to be on private property in accordance with the pro visions of this Act; and for other purposes.

HB 1430. By Messrs. Harris of the 85th and Harris of the 118th:
A Bill to be entitled an Act to amend an Act comprehensively and exhaustively revising, superseding and modernizing pretrial, trial and certain post trial procedures in civil cases, so as to provide that service may be effected in cases involving less than $200.00 by leaving a copy of the summons and complaint at the most notorious place of abode; and for other purposes.

HB 1431. By Messrs. Edwards of the 57th, Mullinax of the 42nd and Matthews of the 94th:
A Bill to be entitled an Act to provide a standard time for the entire State of Georgia and of all governmental agencies, governmental units and political subdivisions thereof; to provide that the State of Georgia shall be exmpt from the provisions of the "Uniform Time Act of 1966"; and for other purposes.

HB 1432. By Messrs. Wiggins and Threadgill of the 32nd and Murphy of the 26th:
A Bill to be entitled an Act to create and establish an Airport Authority in and for the counties of Haralson and Carroll, and to authorize such Authority to acquire, construct, equip, maintain, operate, own and improve airports and landing fields for the use of aircraft which shall include related buildings, equipment and the usual and convenient facilities appertaining to such undertaking; and for other purposes.

HB 1433. By Mr. Branch of the 74th:
A Bill to be entitled an Act to amend an Act providing for a new charter for the City of Baxley, so as to provide that the mayor shall have a vote on all matters before the council; and for other purposes.

HB 1434. By Messrs. Mullinax and Ware of the 42nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of West Point, so as to authorize the sale of certain prop erty; and for other purposes.

1512

JOURNAL OF THE HOUSE,

HB 1435. By Mr. Savage of the 58th:
A Bill to be entitled an Act to consolidate the office of Tax Receiver and Tax Collector of Macon County into the office of the Tax Com missioner of Macon County; and for other purposes.

HR 664-1435. By Mr. Roach of the 15th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Cherokee County to establish and administer fire protection districts in said county; and for other purposes.
HR 665-1435. By Messrs. Smith of the 114th, Tye and Whaley of the 115th, Battle of the 116th, Berry and Gignilliat of the 113th:
A Resolution proposing an amendment to the Constitution so as to provide the procedure whereby taxes other than ad valorem property taxes may be levied in the City of Savannah and to provide for a subsequent reduction of ad valorem taxes on real and personal property based upon the amount of funds received from such additional tax levies; and for other purposes.
HR 666-1435. By Mr. Matthews of the 94th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the exemption from taxation of peanuts and pecans grown in this State and in the hands of processors, bulk dealers or brokers, but not longer than for the year next after their production; and for other purposes.
HR 667-1435. By Mr. Black of the 56th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the creation of a Charter Commission to study all matters relating to the consolidation of the governments of the Town of Cusseta and Chattahoochee County; and for other purposes.
HR 668-1435. By Mr. Black of the 56th:
A Resolution proposing an amendment to the Constitution so as to create the Webster County Industrial Development Authority; and for other purposes.
HB 1436. By Mr. Henderson of the 102nd:
A Bill to be entitled an Act to amend Code Chapter 27-4 relating to courts of inquiry and proceedings therein, so as to provide for holding a court of inquiry under certain circumstances within 24 hours following said arrest; and for other purposes.

THURSDAY, FEBRUARY 15, 1968

1513

HB 1437. By Mr. Steis of the 100th:
A Bill to be entitled an Act to amend an Act creating a Small Claims Court in Harris County, so as to provide for the commencement of actions; to change the court costs; and for other purposes.

HB 1438. By Messrs. Levitas and Walling of the 118th, Jones and Buck of the 112th:
A Bill to be entitled an Act to prohibit the possession of certain types of firearms, dangerous weapons and silencers, to be known as the "Georgia Firearms and Weapons Act"; and for other purposes.

HB 1439. By Mr. Ross of the 31st:
A Bill to be entitled an Act to strike the words "Roads and Revenues" from the official names of all the governing authorities of the 159 counties of the State of Georgia, so that the official names of the gov erning authorities will be changed from the "Board of Commissioners of Roads and Revenues" to the "Board of Commissioners"; and for other purposes.

HB 1440. By Messrs. Snow, Hale and Crowe of the 1st and Ware of the 2nd:
A Bill to be entitled an Act to amend an Act incorporating the Town of Fort Oglethorpe, so as to provide for staggered terms of office for the mayor and aldsrmen; and for other purposes.

HE 669-1440. By Messrs. Smith, Leonard and Cole of the 3rd:
A Resolution proposing an amendment to the Constitution so as to create the City of Dalton Building Authority; and for other purposes.

HR 670-1440. By Messrs. Cole, Smith and Leonard of the 3rd:
A Resolution proposing an amendment to the Constitution so as to create the Dalton-Whitfield County Development Authority; and for other purposes.

HB 1441. By Mr. Grahl of the 52nd:
A Bill to be entitled an Act to place the tax commissioner of Peach County upon an annual salary in lieu of the fee system of compensa tion; to provide for personnel within the tax commissioner's office; and for other purposes.

1514

JOURNAL OP THE HOUSE,

HB 1442. By Mr. Grahl of the 52nd:
A Bill to be entitled an Act to place the clerk of the Superior Court of Peach County upon an annual salary in lieu of the fee system of compensation; to provide for personnel within the clerk's office; and for other purposes.

HB 1443. By Mr. Grahl of the 52nd:
A Bill to be entitled an Act to place the ordinary of Peach County upon an annual salary in lieu of the fee system of compensation; and for other purposes.

HB 1444. By Mr. Grahl of the 52nd:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Peach County, so as to stagger the terms of the office of commissioner post no. 3; and for other pur poses.
HB 1445. By Messrs. Howard of the 101st, Wilson and Henderson of the 102nd and Cooper of the 103rd:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Marietta, so as to change the corporate limits of said city; and for other purposes.

HB 1446. By Mr. Parker of the 55th:
A Bill to be entitled an Act to create the Sylvania-Screven Airport Authority; and for other purposes.

HR 671-1446. By Mr. Parker of the 55th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Screven County to levy a tax not to exceed one mill to be set aside and used by the Sylvania-Screven Airport Authority; and for other purposes.

HB 1447. By Mr. Games of the 129th:
A Bill to be entitled an Act to amend the "Planning Commissions Authorized" Act, so as to grant the same tax exemptions and inclusions from State Sales and Use Taxes to municipal planning commissions, county planning commissions, municipal-county planning commissions and joint planning commissions as are now granted to cities and county; and for other purposes.

THURSDAY, FEBRUARY 15, 1968

1515

HB 1448. By Mr. Smith of the 54th:
A Bill to be entitled an Act to create a five member Board of Educa tion of Emanuel County; and for other purposes.

HR 672-1448. By Mr. Lambros of the 130th:
A Resolution directing the State Librarian to furnish certain volumes of the Georgia Supreme Court Reports to the Judges of the Superior Court of the Atlanta Judicial Circuit; and for other purposes.

HB 1449. By Mr. Bostick of the 93rd:
A Bill to be entitled an Act to provide for the issuance of building permits prior to the construction of any improvements to real property in Tift County having a value when completed in excess of $500; and for other purposes.

HB 1450. By Messrs. Lewis and Newton of the 50th:
A Bill to be entitled an Act to amend an Act providing that the salary of the Judge of the Superior Court of the Augusta Judicial Circuit shall be supplemented by payments to be made from the county treasury of Burke County; so as to provide that said supplement shall be paid to each of the Judges of the Augusta Judicial Circuit; and for other purposes.

HR 673-1450. By Mr. Chandler of the 47th:
A Resolution declaring that those portions of that State property known as and presently under lease as the Western & Atlantic Rail road which are not included in new lease of said Railroad shall be subject to the jurisdiction, supervision and control of the State Proper ties Control Commission as provided in the State Properties Control Code; and for other purposes.

HR 674-1450. By Messrs. Rainey and Bowen of the 69th:
A Resolution proposing an amendment to the Constitution so as to create the Crisp County-Cordele Industrial Development Authority; and for other purposes.
HB 1451. By Messrs. Murphy of the 26th, Caldwell of the 51st, Paris of the 23rd and Lane of the 64th:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide for license and excise taxes upon the business of dealing in malt beverages", so as to provide that the State Revenue Commissioner or his authorized agents shall sell any and all malt beverages found to be contraband; and for other purposes.

1516

JOURNAL OP THE HCfUSE,

HB 1452. By Messrs. Murphy of the 26th, Caldwell of the 51st, Paris of the 23rd and Lane of the 64th:
A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to define terms; to provide for Retailer's licenses and define use thereof; to prohibit the possession of distilled spirits for illegal pur poses; to clarify the authority of cities and counties to prescribe rules and regulations; and for other purposes.

HB 1453. By Messrs. Bowen of the 69th and Bostick of the 93rd:
A Bill to be entitled an Act to provide that no permit or license shall be issued for any proposed retail liquor store selling distilled spirits in containers holding 8 ounces or more, unless such proposed liquor store is a greater distance than 2000 feet from any other existing liquor store; and for other purposes.

SB 295. By Senators Rowan of the 8th, Kidd of the 25th, Adams of the 26th, and Gregory of the 15th:
A Bill to be entitled an Act to amend Code Chapter 85-5 relating to the hospitalization of the mentally ill, in order to provide for a procedure whereby a legal resident of the State of Georgia hospitalized in another State may be transferred to a hospital in Georgia; and for other pur poses.

Mr. Matthews of the 94th, Chairman of the Committee on Agriculture, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture has had under consideration the following Bill and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB

945. Do Pass as Amended.

HR 666-1435. Do Pass.

Respectfully submitted, Matthews of the 94th, Chairman.

Mr. Pickard of the 112th, Chairman of the Committee on Industry, sub mitted the following report:
Mr. Speaker:

THURSDAY, FEBRUARY 15, 1968

1517

Your Committee on Industry has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 1311. Do Pass. HB 855. Without Recommendation. SB 213. Do Not Pass.
Respectfully submitted, Sweat of the 83rd, Acting Chairman.

Mr. Conner of the 91st, Chairman of the Committee on Insurance, sub mitted the following report:
Mr. Speaker:

Your Committee on Insurance has had under consideration the following Bills and Resolution of the House and Senate and has instructed me as Chair man, to report the same back to the House with the following recommendations:

SR 178. Do Pass. HB 1076. Do Not Pass. HB 1075. Do Not Pass.

Respectfully submitted, Conner of the 91st, Chairman.

Mr. Harris of the 118th, Chairman of the Committee on Judiciary, sub mitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills and Resolution of the House and Senate and has instructed me as Chair man, to report the same back to the House with the following recommendations:
HB 1280. Do Pass. HB 1438. Do Pass as Amended. HB 1422. Do Pass. HB 1404. Do Pass. HB 1412. Do Pass.

1518

JOURNAL OF THE HOUSE,

HR 661-1420. Do Pass.

SB

180. Do Pass.

Respectfully submitted, Harris of the 118th, Chairman.

Mr. Clarke of the 45th, Chairman of the Committee on Local Affairs, sub mitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1096. Do Pass, by Substitute. HB 1349. Do Pass. HB 1353. Do Pass, by Substitute. HB 1407. Do Pass. HB 1425. Do Pass. HB 1426. Do Pass. HB 1427. Do Pass. HB 1432. Do Pass. HB 1433. Do Pass. HB 1434. Do Pass. HB 1435. Do Pass. HB 1437. Do Pass. HB 1440. Do Pass. HB 1441. Do Pass. HB 1442. Do Pass. HB 1443. Do Pass. HB 1444. Do Pass. HB 1445. Do Pass. HB 1446. Do Pass. HB 1448. Do Pass. HB 1449. Do Pass. HB 1450. Do Pass.

THURSDAY, FEBRUARY 15, 1968

1519

HR 662-1427. Do Pass, by Substitute. HR 663-1427. Do Pass. HR 669-1440. Do Pass. HR 670-1440. Do Pass. HR 674-1450. Do Pass. HR 665-1435. Do Pass. HB 1439. Do Pass.
Respectfully submitted, Clarke of the 45th, Chairman.

Mr. Williams of the 16th, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the fol lowing Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 259. Do Pass. HB 1245. Do Pass. HB 1367. Do Pass by Substitute.
Respectfully submitted, Williams of the 16th, Chairman.

Mr. Dorminy of the 72nd, Chairman of the Committee on Natural Resources, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources has had under consideration the following Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:

SB 315. Do Pass as Amended.

Respectfully submitted, Dorminy of the 72nd, Chairman.

1520

JOURNAL OP THE HOUSE,

Mr. Dorminy of the 72nd, Chairman of the Committee on Natural Resources, submitted the following report:

Mr. Speaker:

Your Committee on Natural Resources has had under consideration the fol lowing Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:

HB 1248. Do Pass.

Respectfully submitted, Dorminy of the 72nd, Chairman.

Mr. Steis of the 100th, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the fol lowing Bills and Resolution of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recom mendations:

HB 1122. Do Pass by Substitute.

HB

884. Do Pass by Substitute.

SB

260. Do Pass.

HR 672-1448. Do Pass.

Respectfully submitted, Steis of the 100th, Chairman.

Mr. McCracken of the 49th, Chairman of the Committee on State of Re public, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the fol lowing Bills of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:

THURSDAY, FEBRUARY 15, 1968

1521

SB 267. Do Pass. SB 268. Do Pass as Amended. SB 271. Do Pass as Amended. SB 278. Do Pass.

Respectfully submitted, McCracken of the 49th, Chairman.

Mr. Melton of the 34th, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:

Your Committee on Ways and Means has had under consideration the fol lowing Bills and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB

896. Do Pass.

HB 1071. Do Pass.

HB

982. Do Pass by Substitute.

HB

984. Do Pass by Substitute.

HB 1041. Do Pass by Substitute.

HR 491-1063. Do Not Pass.

HB 1179. Do Pass.

HB 1357. Do Pass.

Respectfully submitted, Melton of the 34th, Chairman.

Mr. Wells of the 30th, Chairman of the Committee on Welfare, submitted the following report:
Mr. Speaker:
Your Committee on Welfare has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

1522

JOURNAL OF THE HOUSE,

HB 1156. Do Pass as Amended. HB 1260. Do Pass.

Respectfully submitted, Wells of the 30th, Chairman.

The following communication from His Excellency, Governor Lester G. Maddox was received and read:
January 19, 1968
Honorable Geo. L. Smith II Speaker, House of Representatives Members of the House of Representatives State Capitol Atlanta, Georgia Gentlemen:
In accordance with Article V, Section I, Paragraph XI of the Constitution of the State of Georgia, I report to you as follows:
Subsequent to the adjournment of the General Assembly on the 17th day of March, 1967, to the date of this communication, there have been no convictions for treason in the State of Georgia. Therefore, I was not called upon to suspend the execution of a sentence for treason.
On January 13, 1967, I granted the following reprieves:
Robert Pelton Moore
Convicted of Murder in Camden County, Georgia.
Sentenced to death by electrocution on January 23, 1967.
Sentence stayed for a period of sixty days in order to enable the State Board of Pardons and Paroles to have sufficient time within which to hear and pass upon said case.
William Patrick Clark Convicted of Rape in DeKalb County, Georgia. Sentenced to death by electrocution on January 20, 1967.
Sentence stayed for a period of sixty days in order to enable the State Board of Pardons and Paroles to have sufficient time within which to hear and pass upon said case.
Subsequent to the adjournment of the General Assembly on the 17th day of March, 1967, to the date of this communication, I have granted the following reprieves:

THURSDAY, FEBRUARY 15, 1968

1523

William Patrick Clark

Sentence further stayed for a period of sixty days on April 10, 1967, for purposes of having William Patrick Clark examined by ex pert physicians, satisfactory evidence having been offered to me, as Governor, showing reasonable grounds that said persons had become insane subsequent to conviction.

NOTE: William Patrick Clark was found to be insane by the physicians examining him and he was committed to the Central State Hospital. Subsequent to his being committed to Central State Hospital, his sanity was determined to have been restored. After said determina tion, the sentence of William Patrick Clark was commuted to Life Im prisonment by the State Board of Pardons and Paroles.

De Wayne Massey

Convicted of Rape in Turner County, Georgia.

Sentenced to death by electrocution on March 31, 1967.

Sentence stayed for a period of thirty days on March 29, 1967, in order to enable the State Board of Pardons and Paroles to have suf ficient time within which to hear and pass upon said case.

Frederick Howard Gunter

Convicted of Rape in Fulton County, Georgia.

Sentenced to death by electrocution on August 4, 1967.

Sentence stayed for a period of sixty days on August 2, 1967, in order to enable the State Board of Pardons and Paroles to have suf ficient time within which to hear and pass upon said case.

Sentence stayed for a period of thirty days on September 29, 1967, in order to enable the State Board of Pardons and Paroles to have addi tional time to investigate, to hold hearings, to study and pass upon the application for commutation of sentence of said individual.

Ulysses Martin, Jr.

Convicted of Murder in Fulton County, Georgia. Sentenced to death by electrocution on November 10, 1967.

Sentence stayed for a period of sixty days on November 3, 1967, in order to enable the State Board of Pardons and Paroles to have suf ficient time within which to hear and pass upon said case.

At the request of the State Board of Pardons and Paroles, sentence was further stayed for a period of thirty days on January 5, 1968.

1524

JOURNAL OF THE HOUSE,

Joseph Bonaparte

Convicted of Rape in Chatham County, Georgia.

Sentenced to death by electrocution on November 10, 1967.

Sentence stayed for a period of sixty days on November 3, 1967, in order to enable the State Board of Pardons and Paroles to have suf ficient time within which to hear and pass upon said case.

At the request of the State Board of Pardons and Paroles, sentence was further stayed for a period of thirty days on January 5, 1968.
Respectfully submitted,
Lester Maddox, Governor.

LM/jk

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit:
HB 992. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, and others:
A Bill to repeal Section 3 of an Act governing and regulating the use of public roads and highways of this State, so as to eliminate the authority of the Public Service Commission to issue special permits for the operation of motor vehicles exceeding certain lengths; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House, to-wit:
HB 951. By Mr. Kaylor of the 4th: A Bill to authorize certain counties to establish and maintain a law library for the use of the judges, solicitors, ordinary and other officers of the courts of said counties; and for other purposes.

HB 1183. By Mr. Rush of the 75th:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Long, so as to provide that the Board

THURSDAY, FEBRUARY 15, 1968

1525

of Commissioners of Roads and Revenues of Long County shall be authorized to elect a county attorney; and for other purposes.

HB 1208. By Messrs. Levitas and Harris of the 118th, Higginbotham, Jenkins, Davis, and Westlake of the 119th, and others:
A Bill to amend an Act entitled "An Act to fix the salary of the judge of the juvenile court in certain counties", so as to change the salary of the judge of the juvenile court in certain counties; and for other purposes.

HB 1231. By Mr. Reaves of the 99th:
A Bill to amend an Act creating a Board of County Commissioners for Brooks County, so as to increase the compensation of the chairman and members of the Board; and for other purposes.

HB 1232. By Mr. Kirksey of the 87th:
A Bill to amend an Act amending, consolidating and superseding the several Acts incorporating the City of Colquitt, so as to eliminate the provisions providing certain areas in the city limits shall not be sub ject to city taxes until certain services are rendered to said area; and for other purposes.

HB 1252. By Mr. Lovell of the 6th: A Bill to provide for the compensation of the respective secretaries of the ordinary, tax commissioner and clerk of the Superior Court of Rabun County; and for other purposes.
HB 1256. By Mr. Crowe of the 80th: A Bill to amend an Act placing the Ordinary of Worth County on an annual salary in lieu of the fee basis of compensation, so as to change the effective date of said Act; and for other purposes.
HB 1269. By Messrs. Smith, Cole and Leonard of the 3rd: A Bill to amend an Act incorporating the Town of Tunnell Hill, so as to increase the maximum amount of the fine which may be levied for violating a city ordinance; and for other purposes.
HB 1275. By Messrs. Hale and Crowe of the 1st: A Bill to amend an Act providing a new charter for the City of Trenton so as to change the provisions of said charter relative to salaries and compensation of the Mayor, Councilmen and Recorder of said City; and for other purposes.

1526

JOURNAL OP THE HOUSE,

HB 1276. By Messrs. Farmer and Matthews of the 29th:
A Bill to amend Code Section 59-106, so as to provide the jury com missioners, in counties having a population of more than 45,300 and less than 46,000, shall select not less than one-third and not more than two-fifths of the whole number of the jury list, to serve as grand jurors; and for other purposes.

HB 1278. By Mr. Rush of the 75th: A Bill to provide for the election of members of the Board of Educa tion of Tattnall County; to provide for education districts; and for other purposes.
HB 1279. By Mr. Rush of the 75th: A Bill to amend an Act creating a board of commissioners of roads and revenues for Tattnall County, so as to change the number of commis sioners; and for other purposes.
SB 41. By Senators Hall of the 52nd and Broun of the 46th: A Bill to provide that the State of Georgia shall be a party to the "Compact for Education"; to enact said compact into law; to provide for the appointment of the Georgia members of the Education Com mission of the States; and for other purposes.
SB 117. By Senators Flowers of the 10th, Searcey of the 2nd, Carter of the 14th and others: A Bill to amend Code Section 56-2413 of the Georgia Insurance Code, relating to the contents of policies in general; and for other purposes.

SB 190. By Senators Smith of the 34th and Johnson of the 38th:
A Bill to amend an Act entitled "An Act to create and establish for counties having a population of 300,000 or more inhabitants by the last or any future census of the U. S. a county planning commission and board of zoning appeals . . .", and for other purposes.

SB 316. By Senator Kidd of the 25th:
A Bill to amend an Act providing for additional points for certain applicants taking examinations given by any examining board or com mission whose records are maintained by the Joint Secretary, State Examining Boards, so as to provide for an additional class of appli cants; to repeal conflicting laws; and for other purposes.

THURSDAY, FEBRUARY 15, 1968

1527

SB 354. By Senators Hensley of the 33rd and Chapman of the 32nd:
A Bill to create the Governmental Reorganization Study Commission of Cobb County to study the governments of Cobb County and the municipalities located therein for the purposes of improving such gov ernments ; and for other purposes.

SB 355. By Senators Hensley of the 33rd and Chapman of the 32nd:
A Bill to amend an Act creating a system of public schools for the City of Marietta, in the County of Cobb, so as to provide that the Board of Education of the City of Marietta shall be authorized to sell, lease or rent real or personal property owned by said Board; and for other purposes.

SB 357. By Senator Kilpatrick of the 44th:
A Bill to amend an Act authorizing judges of superior courts of the State of Georgia to request judges emeritus to serve and preside in the superior court of the judicial circuit of the judge making the request; and for other purposes.

SB 359. By Senators Conway of the 41st and Johnson of the 42nd:
A Bill to amend Code Title 34, known as the Georgia Election Code, so as to prohibit certain political activities; so as to provide that such activities shall be known as unlawful campaign practices; to repeal conflicting laws; and for other purposes.

The Senate has adopted by the requisite constitutional majority the fol lowing Resolutions of the Senate and House, to-wit:

SR 178. By Senator Kidd of the 25th:
A Resolution creating a committee to monitor the progress of the Uniform Consumer Credit Code; and for other purposes.

HR 432-952. By Mr. Kaylor of the 4th:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Ordinary's Court of Pannin County; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

1528

JOURNAL OF THE HOUSE,

HB 844. By Mr. Shanahan of the 8th:
A Bill to provide for the Gordon County Development Authority, to provide for the members of the Authority, their terms and method of appointment; and for other purposes.

The Senate insists on its position in amending the following Bill of the House, to-vnt:

HB 1055. By Messrs. McCracken of the 39th, Wiggins of the 32nd, Maxwell of the 106th and others:
A Bill to amend Code Chapter 34-7, relating to election districts and polling places, so as to provide that no election district shall contain more than 2,000 electors if at the last general election all persons desiring to do so had not completed voting one hour following the closing of the poll; and for other purposes.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 41. By Senators Hall of the 52nd and Broun of the 46th:
A Bill to be entitled an Act to provide that the State of Georgia shall be a party to the "Compact for Education"; to enact said compact into law; to provide for the appointment of the Georgia members of the Education Commission of the States; and for other purposes.
Referred to the Committee on Education.
SB 117. By Senators Flowers of the 10th, Searcey of the 2nd, Carter of the 14th and others:
A Bill to be entitled an Act to amend Code Section 56-2413 of the Georgia Insurance Code, relating to the contents of policies in general; and for other purposes.
Referred to the Committee on Insurance.
SB 190. By Senators Smith of the 34th and Johnson of the 28th:
A Bill to be entitled an Act to amend an Act entitled "An Act to create and establish for counties having a population of 300,000 or more inhabitants a county planning commission and board of zoning ap peals . . ." so as to eliminate the exception to undertaking establish ments, cemeteries and mausoleums in residential or apartment areas from the use which may be permitted under the special use permit provisions, thus permitting such use under the provisions of this Act, as amended; and for other purposes.
Referred to the Committee on Local Affairs.

THURSDAY, FEBRUARY 15, 1968

1529

SB 316. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act providing for additional points for certain applicants taking examinations given by any examin ing board or commission whose records are maintained by the Joint Secretary, State Examining Boards, so as to provide for an additional class of applicants; and for other purposes.
Referred to the Committee on State of Republic.

SB 354. By Senators Hensley of the 33rd and Chapman of the 32nd:
A Bill to be entitled an Act to create the Governmental Reorganization Study Commission of Cobb County to study the governments of Cobb County and the municipalities located therein for the purpose of im proving such governments and providing greater efficiency and econo my; and for other purposes.
Referred to the Committee on Local Affairs.
SB 355. By Senators Hensley of the 33rd and Chapman of the 32nd:
A Bill to be entitled an Act to amend an Act creating a system of public schools for the City of Marietta, so as to provide that the Board of Education of the City of Marietta shall be authorized to sell, lease or rent real or personal property owned by said Board of Education; and for other purposes.
Referred to the Committee on Local Affairs.

SB 357. By Senator Kilpatrick of the 44th: A Bill to be entitled an Act to amend an Act authorizing judges of superior courts of the State of Georgia to request judges emeritus to serve and preside in the superior court of the judicial circuit of the judge making the request; and for other purposes.
Referred to the Committee on Special Judiciary.
SB 359. By Senators Conway of the 41st and Johnson of the 42nd: A Bill to be entitled an Act to amend Code Title 34, known as the Georgia Election Code, so as to prohibit certain political activities; so as to provide that such activities shall be known as unlawful cam paign practices; and for other purposes.
Referred to the Committee on State of Republic.
SR 178. By Senator Kidd of the 25th: A Resolution creating a committee to monitor the progress of the Uniform Consumer Credit Code; and for other purposes.
Referred to the Committee on Insurance.

1530

JOURNAL OF THE HOUSE,

By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 1386. By Mr. Otwell of the 10th:
A Bill to be entitled an Act creating a new charter for the City of Gumming, so as to change the corporate limits of the City of Gum ming; to change the fixed time of council meetings; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act creating a new charter for the City of Gumming, approved March 28, 1935 (Ga. Laws 1935, p. 1001), as amended by an Act approved March 4, 1953 (Ga. Laws 1953, Jan.-Peb. Sess., p. 3001) and an Act approved March 24, 1965 (Ga. Laws 1965, p. 2606), so as to change the corporate limits of the City of Gumming; to change the fixed time of council meetings; to change the hours of voting in said city; to authorize the City of Gumming to construct and maintain water lines and sell city water outside the corporate limits; to authorize the City of Gumming to adopt and en force zoning regulations, subdivision regulations and building code regu lations for one mile beyond the territorial limits of said city; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. An Act creating a new charter for the City of Gum ming, approved March 28, 1935 (Ga. Laws 1935, p. 1001), as amended by an Act approved March 4, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 3001), and an Act approved March 24, 1965 (Ga. Laws 1965, p. 2606), is hereby amended by adding at the end of Section 2 the following:
"In addition to the present corporate limits of the City of Gumming, the corporate limits of said city shall also embrace and include the following described property, to wit:
"SEGMENT 1: All that tract or parcel of land lying and be ing in Forsyth County, Georgia, and is more fully described as follows:
"BEGINNING at the Southwest corner of Land Lot 1051 and running thence North 0 degrees 6 minutes East 469.5 feet; thence North 0 degrees 27 minutes East 618 feet to a point in the center of a branch known as Kennemore Branch; thence in an Easterly direction along and with the meandering course of the center line of Kennemore Branch a distance of 1150 feet, more or less, to a point where the center of Kennemore Branch intersects the center of Dobbs Creek; thence Southeasterly along and with the center of

THURSDAY, FEBRUARY 15, 1968

1531

Dobbs Creek a distance of 150 feet, more or less, to where the center of Dobbs Creek intersects the center of U. S. Highway 19; thence in a Southwesterly direction along and with the center of U. S. Highway 19 a distance of 1698 feet to a point in Land Lot 1110; thence North 54 degrees West 320 feet; thence North 22 degrees 30 minutes East 240 feet; thence North 55 degrees West 254 feet to the Northwest corner of Land Lot 1110, the same being the Southwest corner of Land Lot 1051, which is the point of beginning. Said property lies in the Third District and First Sec tion, and being part of Land Lots Nos. 1051 and 1110, Forsyth County, Georgia.

"SEGMENT 2: All that tract or parcel of land lying and being in Forsyth County, Georgia, and lying contiguous to existing corporate limits of the City of Gumming, and is more fully de scribed as follows:
"BEGINNING at a point where the center of State Highway No. 306 intersects the center of Bettis Gap Road, and running thence Northeasterly along the center of Bettis Gap Road a dis tance of 1058 feet to a point; thence North 89 degrees 30 minutes East 862.5 feet to a point; thence South 8 degrees 15 minutes West 951 feet; thence North 81 degrees East 200 feet; thence due South 210 feet to a point in center of said Highway 306; thence Westerly along the center line of said highway a distance of 670 feet to the intersection of Highway 306 and Bettis Gap Road, which is the point of beginning.

"Said Segments 1 and 2 are more fully shown on plats pre pared by Cecil S. Mize, Forsyth County Surveyor, dated February 28, 1967, which plats are made a part of this description by refer ence.

"The property being so annexed is described as follows:

"SEGMENT A: All that tract or parcel of land lying and being in Forsyth County, Georgia, and lying contiguous to existing corporate limits of the City of Gumming, Georgia, and is more fully described as follows:

"BEGINNING where the center of Lanier Road, also known as Buford Dam Road intersects the center of Sanders Road and running thence Northerly along the center of Sanders Road a distance of 3600 feet, more or less, to a point where the center of Sanders Road, when extended would intersect the Northerly margin of Mary Alice Park Road, also known as the New Corinth Church Road; thence due North 300 feet; thence North 76 degrees 15 minutes West 1270 feet to a point which is existing corporate limits of the City of Gumming; thence in a Southwesterly direction along and with said corporate limits a distance of 2700 feet, more or less, to a point in center of Lanier (Buford Dam) Road; thence Southeasterly and Easterly along and with the center of said road 4400 feet, more or less, to the point where the center of Lanier Road intersects Sanders Road, which is the point of beginning.

1532

JOURNAL OF THE HOUSE,

"Segment A is more fully shown on plat prepared by Cecil S. Mize, Forsyth County Surveyor, dated June 1, 1966, to which plat reference is made for a more complete description of said property.

"SEGMENT B: All that tract or parcel of land lying and being in Forsyth County, Georgia and lying contiguous to the existing corporate limits of the City of Gumming, and is more fully described as follows:

"BEGINNING at a point where the center of Tribble Gap Road, also known as Tribble Street intersects the center of Sawnee Drive, which is Georgia Highway No. 306, and running thence Easterly along the center of Sawnee Drive a distance of 670 feet to corner; thence due North 210 feet; thence South 81 degrees East 200 feet; thence North 8 degrees 15 minutes East 951 feet; thence North 89 degrees 15 minutes East 770 feet; thence South 55 degrees East 254 feet; thence South 22 degrees 30 minutes West 240 feet; thence South 54 degrees East 320 feet to a point in center of U. S. Highway 19; thence Northerly along the center of said U. S. Highway 19 a distance of 1700 feet, more or less, to a point where the center of U. S. Highway 19 intersects the center of Pilgrim Mill Creek, also known as Dobbs Creek; thence Southeasterly and Easterly along and with the center of Pilgrim Mill Creek a distance of 2850 feet, more or less, to the North original line of Land Lot 1113; thence East along the North original line of Land Lot 1113 and continuing along the North original line of Land Lot 1114 a distance of 1700 feet, more or less, to a point where the center of Pilgrim Mill Road intersects the North original line of Land Lot 1114; thence South westerly along the center of Pilgrim Mill Road 3200 feet to a point thereon; thence South 10 degrees West 4700 feet, more or less, to a point where existing corporate limits intersects the center of Pirkle Ferry Road; thence in a Northwesterly direction along and with the existing corporate limits line a distance of 6700 feet, more or less, to a point where existing corporate limits line intersects the center of Tribble Gap Road; thence North along the center of Tribble Gap Road 900 feet, more or less, to a point where the center of Tribble Gap Road intersects the center of Sawnee Drive, which is the point of beginning.
"Segment B is more fully shown on plat prepared by Cecil S. Mize, Forsyth County Surveyor, dated June 1, 1966, to which plat reference is made for a more complete description of said property.

"LESS AND EXCEPT FROM SEGMENT B, the following described property:

"All that tract or parcel of land known as Dobbs Estate, bounded on the North by Pilgrim Mill Creek; on the East by an old abandoned road; on the South by Pirklewood Circle Road; on the West by U. S. Highway 19, and is more fully shown on the above mentioned plat.

"LESS AND EXCEPT FROM SEGMENT B: All that tract or parcel of land lying and being in the Third District and First Section and described as being all of Subdivision Lot No. 12 of the

THURSDAY, FEBRUARY 15, 1968

1533

Pirklewood Subdivision, as shown on plat recorded in Plat Book 2, Page 38, Clerk's Office, Forsyth Superior Court, which recorded plat is made a part hereof for a better description of said excepted tract.

"Said Subdivision Lot No. 12 being presently owned by Walter H. Rucker.

"LESS AND EXCEPT FROM SEGMENT B: All that tract or parcel of land lying and being in the Third District and First Section of said County and being parts of Land Lots 1109 and 1124 and all of Land Lot 1123 and is more fully described in a Deed from John A. Kelly to F. G. Merritt, recorded in Deed Book 3, Page 197, Clerk's Office, Forsyth Superior Court. Said Deed is made a part of this description by reference."

Section 2. Said Act is further amended by striking Section 10 in its entirety and inserting in lieu thereof a new Section 10 to read as follows:

"Section 10. The council shall hold regular public meetings at a stated time and place, as provided by ordinance. The meetings of the council shall be held at the council chamber at which time all regular business concerning the welfare of said city shall be trans acted. The council shall meet in special session on written call of the Mayor or any two councilmen and served on the other members per sonally or left at their residence at least 12 hours in advance of the meeting, but such notice of special meeting shall not be required if the mayor and all councilmen are present when the special meeting is called. Only the business stated in the written call may be trans acted at a special meeting except by unanimous consent of all mem bers of the council. The council shall exercise its powers only in public meetings.
Section 3. Said Act is further amended by striking Section 11 in its entirety and inserting in lieu thereof a new Section 11 to read as follows:

"Section 11. All elections held under the provisions of this charter, and all elections in which any subject or question is sub mitted to the qualified voters of the City of Gumming shall be man aged by a justice of the peace or some other judicial officer and two freeholders who are citizens of said city and own real estate therein, or by any three freeholders designated by the mayor or city council; all of said freeholders shall be citizens of said city and own real estate therein; and said managers, before entering upon their duties, shall take and subscribe, before some officer qualified to administer oaths, the following oath, to wit: "We do swear that we will faith fully and impartially conduct this election according to law, and will prevent illegal voting to the best of our skill and knowledge, and will make true returns thereof; so help me God." Said managers shall keep, or cause to be kept two lists of voters at said elections, and two tally-sheets. All elections shall be held at the city council chamber in said city, and the voting shall be by ballot. The polls shall be opened at 7:00 o'clock A.M., and be closed at 7:00 o'clock P.M. The persons receiving the highest number of legal votes for the respective office shall be declared elected. All elections held under the provi-

1534

JOURNAL OF THE HOUSE,

sions of this charter shall be under the forms, rules, and regulations prescribed by law for the election of members of the General Assem bly of said State, in so far as they are applicable to such elections and do not conflict with the rules and provisions herein prescribed."

Section 4. Said Act is further amended by adding immediately after Section 57 a new section to be designated as Section 57A to read as follows:

"Section 57A: The governing authority of the City of Gum ming shall have the power and authority to expand city funds to construct and maintain water lines and to sell city water outside the corporate limits of said city."

Section 5. Said Act is further amended by adding immediately after Section 57A a new section to be designated Section 57B to read as follows:

"Section 57B. The governing authority of the City of Gumming is hereby authorized to adopt and enforce reasonable zoning regula tions, subdivision regulations and building code regulations for one mile beyond the corporate limits of the city."

Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

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, by substitute, the ayes were 115, nays 0.

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

HB 1390. By Mr. Hargrett of the 77th: A Bill to be entitled an Act incorporating and creating a new charter for the City of Jesup in Wayne County, Georgia, so as to provide for the election of the Mayor by the qualified electors of said city; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act incorporating and creating a new charter for the City of Jesup in Wayne County, Georgia, approved

THURSDAY, FEBRUARY 15, 1968

1535

December 15, 1937 (Ga. Laws 1937-38 Ex. Sess., p. 1142), as amended particularly by an Act approved March 3, 1955, (Ga. Laws 1955, p. 1508), and an Act approved March 7, 1955 (Ga. Laws 1955, p. 2858), so as to provide for the election of the Mayor-Commissioner by the qualified voters of said city; to provide for the term of office of the Mayor-Com missioner; to reduce the Board of Commissioners; to change the term of office of the members of the Board of Commissioners; to provide for filling vacancies; to change the voting hours in city elections; to change the method of voter registration in said city; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other pur poses.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:

Section 1. An Act incorporating and creating a new charter for the City of Jesup in Wayne County, Georgia, approved December 15, 1937 (Ga. Laws 1937-38 Ex. Sess., p. 1142), as amended particularly by an Act approved March 3, 1955 (Ga. Laws 1955, p. 2508), and an Act approved March 7, 1955 (Ga. Laws 1955, p. 2858), is hereby amended by striking Section 2 of the amendatory Act approved March 7, 1955, in its entirety and inserting in lieu thereof a new Section 2 to read as follows:

"Section 2. The governing authority of the City of Jesup shall consist of a Board of Commissioners composed of a MayorCommissioner (hereinafter referred to as the 'Mayor') and four members. The Board of Commissioners of the City of Jesup are hereby given all rights, powers and authority heretofore vested in the Mayor and Councilmen of said city except as otherwise pro vided herein, and except such rights, powers and authority hereby created and established."

Section 2. Said Act is further amended by striking Section 3 of the amendatory Act approved March 7, 1955, in its entirety and inserting in lieu thereof a new Section 3 to read as follows:

"Section 3. No person shall be eligible to hold the office of Mayor or Commissioner of the City of Jesup unless he or she shall have attained the age of twenty-five years and has been a bona fide resident of the city for at least twelve months prior to his or her election and is a registered voter in the City of Jesup."

Section 3. Said Act is further amended by striking Section 4 of the amendatory Act, approved March 7, 1955, in its entirety and inserting in lieu thereof a new Section 4 to read as follows:

"Section 4. The Board of Commissioners shall be elected by the registered qualified voters of the City of Jesup. An election shall be held on the first Thursday in December, 1968, to elect a Mayor as the successor to the two members of the Board of Commissioners whose terms of office expire January 1, 1969. The Mayor shall serve for a term of office of two years and until his successor is duly elected and qualified. An election shall be held on the first Thursday in December 1969 to elect successors for the members of the Board of

1536

JOURNAL OP THE HOUSE,

Commissioners whose terms of office expire January 1, 1970. The two members of the Board of Commissioners elected in 1969 shall each serve for terms of office of one year. On the first Thursday in December 1970 and biennially thereafter, there shall be an election for the Mayor and four members of the Board of Commissioners who shall hold office for terms of two years each and until their successors are duly elected and qualified."

Section 4. Said Act is further amended by adding between Section 4 and Section 5 of the amendatory Act approved March 7, 1955 a new section to be designated Section 4A to read as follows:

"Section 4A. All vacancies in the membership of the Board of Commissioners occurring within one year or less of the expiration of such term of office shall be filled by appointment of the remaining members of the Board. All vacancies occurring in the membership of the Board more than one year prior to the expiration of the term of office shall be filled by a special election called in the same man ner as provided to fill vacancies in other county offices. The person so appointed or elected shall be commissioned and shall hold office until the expiration of said unexpired term and until his successor is elected and qualified."

Section 5. Said Act is further amended by striking Section 6 of the amendatory Act approved March 7, 1955, in its entirety and inserting in lieu thereof a new Section 6 to read as follows:

"Section 6. Before assuming the duties of their office, the Mayor and said Commissioners shall take and subscribe the follow ing oath:

'I do solemnly swear (or affirm) that I will faithfully and impartially demean myself and perform my duties as (Mayor or as a member of the Board of Commissioners) of the City of Jesup during my continuance in office, and in all things per taining to my office. So help me, God.' "

Section 6. Said Act is further amended by striking Section 7 of the Amendatory Act approved March 7, 1955, in its entirety and inserting in lieu thereof a new Section 7 to read as follows:

"Section 7. It shall be the duty of the Mayor to preside at meet ings of the Board of Commissioners, and he shall be recognized as head of the city government for all ceremonial purposes and by the Governor for purposes of military law, but shall have no regular administrative duties. He shall not have the right to veto and shall have the right to vote upon all questions coming before the Board of Commissioners. In the event of the absence, disqualification or disability of the Mayor, the members of the Board of Commissioners shall appoint and designate some member of their body to act as temporary Mayor and such appointee shall have all of the duties and
authority of the Mayor while so acting."

THURSDAY, FEBRUARY 15, 1968

1537

Section 7. Said Act is futher amended by adding between Section 29 and Section 30 a new Section to be designated as Section 29A to read as follows:

"Section 29A. Notwithstanding any other provisions of this charter to the contrary, the governing authority of the City of Jesup is hereby authorized to arrange for the registration of munici pal electors by adopting a resolution, or other appropriate measure, providing for the registration of residents of the city by the Board of Registrars of Wayne County. Upon request, and upon a basis to be agreed upon by the governing authority of Wayne County and the governing authority of the City of Jesup, the Board of Regis trars of Wayne County shall deliver a copy of the electors list to be used in each municipal primary or election to the designee of the governing authority of the City of Jesup at least fourteen (14) days prior to each such primary or election for the purpose of permitting him to check the accuracy of the list and to challenge the dis qualified."

Section 8. Said Act is further amended by striking from Section 33 the word,

and inserting in lieu thereof the word,
"seven",
so that Section 33 when so amended shall read as follows:
"Section 33. Be it further enacted, that all elections held under the provisions of this Act shall be held under the same rules, regu lations and procedures as elections are held in the County of Wayne for members of the general assembly; provided that all such elections shall be held at the city hall in said city and that the polls shall open at seven o'clock, A.M. and close at seven o'clock P.M. according to the time prevailing in said city at such elections. All voting in any election held in said city, shall be by secret ballot and all electors shall be secure in their right to cast their ballots without annoyance from or by any person in or near any voting place."
Section 9. All laws and parts of laws in conflict with this Act are hereby repealed.
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, by substitute, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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JOURNAL OF THE HOUSE,

HB 1353. By Messrs. Battle of the 116th and Whaley of the 115th:
A Bill to be entitled an Act to provide that the Board of Public Educa tion for the City of Savannah and County of Chatham shall be elected by the voters of Chatham County; to provide for election districts; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to provide that the Board of Public Education for the City of Savannah and County of Chatham shall be elected by the voters of Chatham County; to provide for election districts; to provide election procedures; to provide for filling vacancies; to provide terms of office; to provide for compensation; to provide that no board members shall serve for more than two terms of office; to provide for election of the board chairman; to provide for a referendum; to repeal specific laws; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The Board of Public Education for the City of Savannah and County of Chatham shall be composed of eight (8) members to be elected as hereinafter provided. For the purpose of electing the members of the Board of Public Education for the City of Savannah and County of Chatham, Chatham County shall be divided into eight (8) education districts as follows:
Education District Number 1 shall be composed of that territory contained within the following boundaries:
Begin at a point at the intersection of the Savannah and Ogeechee Canal with the line dividing Chatham County from Bryan County and run thence in a counterclockwise direction along the meanderings of the Chatham-Bryan line and the southern and east ern boundary lines of Chatham County to its point of intersection with Green Island Sound; thence northwardly along the centerline of the channels of Green Island Sound and the Vernon River to its intersection with the westerly projection of the centerline of Bethesda Road; thence eastwardly along the western projection of the centerline of Bethesda Road to its intersection with the centerline of Whitfield Avenue; thence eastwardly along the centerline of Bethesda Road to its intersection with the centerline of Ferguson Avenue; thence eastwardly along the eastern projection of the centerline of Bethesda Road to the centerline of Shipyard Creek; thence northwardly along the meanderings of Shipyard Creek to the centerline of Skidaway Road; thence northwestwardly along the centerline of Skidaway Road to the centerline of Montgomery Cross Road; thence westwardly along the centerline of Montgomery Cross Road to the centerline of Waters Road; thence northwardly along the centerline of Waters Road to the centerline of Stephenson Ave-

THURSDAY, FEBRUARY 15, 1968

1539

nue; thence westwardly along the center line of Stephenson Avenue to the western line of White Bluff Road at the city limits line of the City of Savannah; thence in a clockwise direction along the meanderings of the city limits line of the City of Savannah to the centerline of Interstate Highway 1-16 at its intersection with Endley Street and Seaboard Coastline Railroad; thence westwardly along the centerline of 1-16 to the point of its intersection with the Savannah and Ogeechee Canal; thence southwestwardly along the meanderings of said canal to the point of beginning; all references herein to the city limits lines of the City of Savannah being as they existed on January 1, 1968.

Education District Number 2 shall be composed of that territory contained within the following boundaries:

Begin at the point of intersection of the northern projection of the centerline of West Broad Street and the northern city limits line of the City of Savannah and run thence southwardly along the centerline of West Broad Street to the centerline of Victory Drive; thence eastwardly along the centerline of Victory Drive to the centerline of Price Street; thence northwardly along the centerline of Price Street to the centerline of Hartridge Street; thence eastwardly along the centerline of Hartridge Street and the eastern projection thereof to the centerline of Bilbo Canal; thence northwardly along the centerline of the meanderings of the Bilbo Canal to the south bank of the Savannah River; thence along the line of the city limits of the City of Savannah in a counterclockwise direction across the Savannah River and on Hutchinson Island and/or Fig Island to the point of beginning; all references herein to the city limits lines of the City of Savannah being as they existed on January 1, 1968.

Education District Number 3 shall be composed of that territory contained within the following boundaries:

Begin at the point of intersection of the centerline of Victory Drive and the centerline of Waters Avenue and run westwardly along the centerline of Victory Drive to the centerline of Hopkins Street; thence southwardly along the centerline of Hopkins Street to the centerline of 52nd Street; thence eastwardly along the centerline of 52nd Street to the city limits line of the City of Savannah; thence counterclockwise southwestwardly, eastwardly, northwardly and again eastwardly along the city limits line of the City of Savannah to the western line of White Bluff Road; thence north wardly along the western line of White Bluff Road to the centerline of Janet Drive; thence eastwardly along the centerlines of Janet Drive and its eastern projection and of the drainage canal separat ing Oakdale and Habersham Woods Subdivisions from Groveland and Kensington Park Subdivisions to the centerline of Waters Road; thence northwardly along the centerline of Waters Road to the point of beginning; all references herein to the city limit lines of the City of Savannah being as they existed on January 1, 1968.

Education District Number 4 shall be composed of that territory contained within the following boundaries:

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JOURNAL OF THE HOUSE,

Begin at the point of intersection of the centerline of Gwinnett Street and the centerline of Pennsylvania Avenue and run eastwardly along the centerline of Gwinnett Street to the city limits line of the City of Savannah as it existed on January 1, 1968; thence southwardly in a clockwise direction along the city limits to the centerline of Victory Drive; thence westwardly along the centerline of Victory Drive to the centerline of Skidaway Road; thence south wardly along the centerline of Skidaway Road to the centerline of DeRenne Avenue; thence westwardly along the centerline of DeRenne Avenue to the centerline of the Casey Canal; thence south wardly along the meanderings of the Casey Canal to the centerline of Bacon Park Drive; thence eastwardly along the centerline of Bacon Park Drive to the centerline of Lovett Drive; thence south wardly along the centerline of Lovett Drive and its southern projec tion to the centerline of Thomas Avenue; thence southwardly along the centerline of Thomas Avenue to the centerline of Intermediate Road; thence westwardly along the centerline of Intermediate Road to the centerline of Waters Road; thence northwardly along the centerline of Waters Road to the centerline of Stephenson Avenue; thence westwardly along the centerline of Stephenson Avenue to the centerline of White Bluff Road; thence northwardly along the cen terline of White Bluff Road to the centerline of Janet Drive; thence eastwardly along the centerline of Janet Drive and its eastern exten sion and of the drainage canal separating Oakdale and Habersham Woods Subdivisions from Groveland and Kensington Park Subdivi sions to the centerline of Waters Road; thence northwardly along the centerline of Waters Road to the centerline of 32nd Street; thence eastwardly along the centerline of 32nd Street to the centerline of Bee Road; thence northwardly along the centerline of Bee Road to the centerline of Duffy Street; thence eastwardly along the centerline of Duffy Street to the centerline of Skidaway Road; thence southeastwardly along the centerline of Skidaway Road to the cen terline of Pennsylvania Avenue; thence northwardly along the cen terline of Pennsylvania Avenue to the point of beginning; all refer ences herein to the city limits lines of the City of Savannah being as they existed on January 1, 1968.

Education District Number 5 shall be composed of that territory contained within the following boundaries:
Begin at the point of intersection of the centerline of Price Street and the centerline of Hartridge Street and run eastwardly along the centerline of Hartridge Street and the eastern projection thereof to the centerline of the Bilbo Canal; thence northwardly along the meanderings of the Bilbo Canal to the centerline of Presi dent Street Extension; thence eastwardly along the centerline of President Street Extension to the centerline of Nevada Avenue; thence southwardly along the centerline of Nevada Avenue to the centerline of Liberty Street; thence eastwardly along the centerline of Liberty Street to the centerline of Jones Street; thence south wardly along the centerline of Jones Street to the centerline of Hayward Court; thence eastwardly along the centerline of Hayward Court and the eastern projection thereof to the city limits line of the City of Savannah; thence southwardly along the city limits line of the City of Savannah to the centerline of Gwinnett Street; thence westwardly along the centerline of Gwinnett Street to the

THURSDAY, FEBRUARY 15, 1968

1541

centerline of Pennsylvania Avenue; thence southwardly along the centerline of Pennsylvania Avenue to the centerline of Skidaway Road; thence northwestwardly along the centerline of Skidaway Road to the centerline of Duffy Street; thence westwardly along the centerline of Duffy Street to the centerline of Bee Road; thence southwardly along the centerline of Bee Road to the centerline of 32nd Street; thence westwardly along the centerline of 32nd Street to the centerline of Waters Avenue; thence southwardly along the centerline of Waters Avenue to the centerline of Victory Drive; thence westwardly along the centerline of Victory Drive to the centerline of Price Street; thence northwardly along the centerline of Price Street to the point of beginning; all references herein to the city limits lines of the City of Savannah being as they existed on January 1, 1968.

Education District Number 6 shall be composed of that territory contained within the following boundaries:

Begin at a point at the northern projection of the centerline of West Broad Street with the northern city limits line of the City of Savannah and run thence northwardly along the northern projec tion of the centerline of West Broad Street to the line of the Savan nah River dividing Georgia from South Carolina; thence eastwardly along the meanderings of the Georgia-South Carolina line and the northern and eastern boundary lines of Chatham County to its point of intersection with Green Island Sound; thence northwardly along the centerline of the channels of Green Island Sound and the Vernon River to its intersection with the westerly projection of the eenterline of Bethesda Road; thence eastwardly along the western projection of the centerline of Bethesda Road to its intersection with the centerline of Whitfield Avenue; thence eastwardly along the centerline of Bethesda Road to its intersection with the centerline of Ferguson Avenue; thence eastwardly along the eastern projection of the centerline of Bethesda Road to the centerline of Shipyard Creek; thence northwardly along the meanderings of Shipyard Creek to the centerline of Skidaway Road; thence northwardly along the centerline of Skidaway Road to the centerline of Montgomery Cross Road; thence westwardly along the centerline of Montgomery Cross Road to the centerline of Waters Road; thence northwardly along the centerline of Waters Road to the centerline of Intermedi ate Road; thence eastwardly along the centerline of Intermediate Road to the centerline of Thomas Avenue; thence northwardly along the centerline of Thomas Avenue to the southern projection of the centerline of Lovett Drive; thence northwardly along the southern projection of the centerline of Lovett Drive and the centerline of Lovett Drive to the centerline of Bacon Park Drive; thence west wardly along the centerline of Bacon Park Drive to the centerline of the Casey Canal; thence northwardly along the meanderings of the Casey Canal to the centerline of DeRenne Avenue; thence eastwardly along the centerline of DeRenne Avenue to the centerline of Skida way Road; thence northwardly along the centerline of Skidaway Road to the centerline of Victory Drive; thence eastwardly along the centerline of Victory Drive to the city limits line of the City of Savannah; thence northwardly in a counterclockwise direction along the city limits line to the centerline of the eastern projec tion of Hayward Court; thence westwardly along the eastern projec-

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JOURNAL OP THE HOUSE,

tion of the centerline of Hayward Court and the centerline of Hayward Court to the centerline of Jones Street; thence northwardly along the centerline of Jones Street to the centerline of Liberty Street; thence westwardly along the centerline of Liberty Street to the centerline of Nevada Street; thence northwardly along the centerline of Nevada Street to the centerline of President Street Extension; thence westwardly along the centerline of President Street Extension to the centerline of the Bilbo Canal; thence north wardly along the centerline of the meanderings of the Bilbo Canal to the south bank of the Savannah River; thence along the line of the city limits of the City of Savannah in a counterclockwise direc tion across the Savannah River and on Hutchinson Island and/or Fig Island to the point of beginning; all references herein to the city limits lines of the City of Savannah being as they existed on January 1, 1968.

Education District Number 7 shall be composed of that territory contained within the following boundaries:

Begin at the intersection of the northern projection of the cen terline of West Broad Street with the northern city limits line of the City of Savannah and run thence northwardly along the north ern projection of the centerline of West Broad Street to the line of the Savannah River dividing Georgia from South Carolina; thence westwardly and northwardly along the meanderings of the GeorgiaSouth Carolina line to its point of intersection with the line divid ing Chatham County from Effingham County; thence southwardly along the Chatham-Effingham line to the point of intersection of the dividing lines of Chatham, Bryan and Effingham Counties; thence along the meanderings of the Chatham-Bryan line to its intersection with the the Savannah and Ogeechee Canal; thence northeastwardly along the meanderings of said canal to the centerline of Interstate Highway 1-16; thence eastwardly along the centerline of 1-16 to the centerline of the Seaboard Coastline Railroad mainline; thence north westwardly along the centerline of the Seaboard Coastline Railroad mainline to the centerline of the Savannah and Ogeechee Canal; thence eastwardly along the meanderings of the S&O Canal to the centerline of Toledo Street; thence northwardly along the centerline of Toledo Street and its northern projection to the centerline of Coner Street; thence eastwardly along the centerline of Coner Street to the centerline of Mclntyre Street; thence northwardly along the centerline of Mclntyre Street to the centerline of Augusta Avenue; thence eastwardly along the centerline of Augusta Avenue to the
centerline of Millen Street; thence northwardly along the centerline
of Millen Street to the centerline of Bay Street; thence eastwardly
along the centerline of Bay Street past East Lathrop Avenue to the
city limits line of the City of Savannah, thence along the city limits
line of the City of Savannah in a northerly and clockwise direction
across the Savannah River and on Hutchinson Island to the point of
beginning; all references herein to the city limits lines of the City
of Savannah being as they existed on January 1, 1968.

Education District Number 8 shall be composed of that territory contained within the following boundaries:

THURSDAY, FEBRUARY 15, 1968

1543

Begin at the point of intersection of the northern projection of the centerline of West Broad Street and the northern city limits line of the City of Savannah and run thence southwardly along the centerline of West Broad Street to the centerline of Victory Drive; thence westwardly along the centerline of Victory Drive to the west ern city limits line of the City of Savannah; thence in a clockwise direction along the meanderings of the city limits line of the City of Savannah to the centerline of Interstate Highway 1-16 at its inter section with Endley Street and Seaboard Coastline Railroad; thence westwardly along the centerline of 1-16 to the centerline of the Sea board Coastline Railroad mainline; thence northwestwardly along the centerline of the Seaboard Coastline Railroad mainline to the centerline of the Savannah and Ogeechee Canal; thence eastwardly along the meanderings of the S&O Canal to the centerline of Toledo Street; thence northwardly along the centerline of Toledo Street and its northern projection to the centerline of Coner Street; thence eastwardly along the centerline of Coner Street to the centerline of Mclntyre Street; thence northwardly along the centerline of Mclntyre Street to the centerline of Augusta Avenue; thence eastwardly along the centerline of Augusta Avenue to the centerline of Millen Street; thence northwardly along the centerline of Millen Street to the centerline of Bay Street; thence eastwardly along the centerline of Bay Street past East Lathrop Avenue to the city limits line of the City of Savannah; thence along the city limits line of the City of Savannah in a northerly and clockwise direction across the Savannah River and on Hutchinson Island to the point of beginning; all references herein to the city limits lines of the City of Savannah being as they existed on January 1, 1968.

Section 2. Candidates offering for election to the board shall qualify by signifying the post for which they are offering and by presenting a petition signed by at least 350 qualified voters of the education district from which they are offering, and by paying a qualifying fee of $150.00 to the Ordinary of Chatham County. A candidate must have been a resident of the education district from which he offers as a candidate for at least one year prior to the date of election and must have attained the age of 25 years prior to the election date. To be elected as a member of the board, a candidate must receive a majority of the votes cast for the position for which he is running. In the event no person receives a majority of the votes cast for a post, then it shall be the duty of the Ordinary of Chatham County to hold and conduct a runoff election between the two candidates receiving the highest number of votes for each such post; such runoff election to be held two weeks after the initial vote for such board members. The expense of the election shall be borne by Chatham County. Vacancies which occur on the board, other than by the regular expiration of a term of office, shall be filled by the remain ing members of the board electing a successor from the district in which the vacant member resided to serve until the next general election, at which time there shall be elected by the electors of the respective educa tion district a successor to serve out the unexpired term of office in which the vacancy shall occur; provided that if the vacancy occurs in a post for which the term of office would regularly expire within 60 days subsequent to the next general election which falls after the vacancy occurs, then the successor who has been named by the remaining members of the board to fill said vacancy shall serve out the remainder of the unexpired term of office in which the vacancy shall occur and until his

1544

JOURNAL OF THE HOUSE,

successor shall be duly elected and qualified; and provided further that in the event a vacancy occurs after the qualifying date of the first general election held following the vacancy, the successor who has been named by the remaining members of the board shall hold office until his successor is regularly elected and qualified as hereinbefore set forth. In the event a person moves his residence from his district, a vacancy shall exist from such district and shall be filled in the same manner as other vacancies.

Section 3. At the general election conducted in 1970, there shall be elected the first members of the board as provided for herein:

Those members elected from Education Districts Number 2, 4 and 7 shall be elected to initial terms of Two (2) years each. Those members elected from Education Districts Number 1 and 3 shall be elected to initial terms of Pour (4) years each. Those members elected to Education Districts Number 5, 6 and 8 shall be elected to initial terms of Six (6) years each. Thereafter all members of the board shall be elected to terms of Six (6) years each. The terms of the present members of the Board of Public Education for the City of Savannah and County of Chatham shall be abolished on January 1, 1971, at which time the members of said board which are elected as provided herein shall take office.

Section 4. The members of the board shall receive Twelve Hundred ($1,200.00) Dollars per annum, payable in equal monthly installments from county funds, as full compensation for their duties. The Chairman of the board shall receive Twenty-Four Hundred ($2,400.00) Dollars per annum, payable in equal monthly installments from funds of Chatham County. No member of the board shall serve more than Two (2) consecutive Six-year terms of office in addition to his initial Two- to Four-year term.

Section 5. At the first meeting of the board conducted in January, 1971, and at the first meeting in January each year thereafter, the mem bers of the board shall elect from among themselves a chairman who shall serve for one year. Any member of the board shall be eligible to succeed himself as chairman.

Section 6. An Act entitled "An Act to amend the several Acts creat ing and relating to the Board of Public Education for the County of Chatham and City of Savannah; and for other purposes.", approved August 2, 1923 (Ga. Laws 1923, p. 232), and an Act entitled "An Act to amend the several Acts creating and relating to the Board of Public Education for the City of Savannah and County of Chatham and to pro vide for the termination of the terms of office of all members of the Board of Public Education for the City of Savannah and County of Chatham; to provide for the selection of their successors and the filling of vacancies; and for other purposes.", approved February 22, 1933 (Ga. Laws 1933, p. 1067), as amended by an Act approved February 5, 1951 (Ga. Laws 1951, p. 2207), and an Act approved March 10, 1965 (Ga. Laws 1965. p. 2221), are hereby repealed in their entirety.
Section 7. It shall be the duty of the Ordinary of Chatham County to issue the call for an election for the purpose of submitting this Act to

THURSDAY, FEBRUARY 15, 1968

1545

the voters of Chatham County for approval or rejection. The Ordinary shall set the date for such election to coincide with the General Election in 1968. The Ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Chatham County. The ballot shall have written or printed thereon the words:

"For approval of the Act providing for election of the members of the Savannah-Chatham County Board of Public Education.

"Against approval of the Act providing for election of the mem bers of the Savannah-Chatham County Board of Public Education."

All persons desiring to vote in favor of the Act shall vote for ap proval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Chatham County. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such elec tion under the same laws and rules and regulations as govern special elections. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State.

Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.

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, by substitute, the ayes were 115, nays 0.

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

HB 1376. By Mr. Land of the 53rd:
A Bill to be entitled an Act to incorporate the Town of Irwinton, and to grant a new charter to said town; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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JOURNAL OP THE HOUSE,

HB 1379. By Messrs. Vaughn and Harris of the 14th:
A Bill to be entitled an Act to amend an Act placing the compensation of the sheriff, the clerk of the superior court, and the ordinary of Bartow County on a salary basis instead of a fee basis, so as to provide the sheriff shall hire a day jailer, night jailer and a cook or cooks; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1380. By Mr. Jordan of the 82nd: A Bill to be entitled an Act to amend an Act incorporating the City of Ambrose in Coffee County, so as to provide that the Treasurer of said City shall file a statement of all receipts and disbursements of the City of Ambrose with the clerk of the superior court of Coffee County during January and July of each year; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1381. By Mr. Jordan of the 82nd: A Bill to be entitled an Act to amend an Act providing and establishing a new charter for the Town of Nichols, so as to provide that the Treas urer of said City shall file a statement of all receipts and disbursements of the City of Nichols with the clerk of the superior court of Coffee County during January and July of each year; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 15, 1968

1547

HB 1382. By Mr. Jordan of the 82nd:
A Bill to be entitled an Act to amend an Act incorporating the City of Broxton in the County of Coffee, so as to provide that the Treasurer of said city shall file a statement of all receipts and disbursements of the City of Broxton with the clerk of the superior court of Coffee County during January and July of each year; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1383. By Mr. Jordan of the 82nd:
A Bill to be entitled an Act to amend an Act creating the office of Com missioners of Roads and Revenues of the County of Coffee, so as to pro vide that the clerk of the Board of Commissioners of Roads and Reve nues shall file a statement of all receipts and disbursements of Coffee County with the clerk of the superior court of said county during Janu ary and July of each year; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1384. By Mr. Dickinson of the 27th:
A Bill to be entitled an Act to provide for the appointment of the County School Superintendent of Douglas County by the Board of Education; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0. The Bill, having received the requisite constitutional majority, was passed.

1548

JOURNAL OF THE HOUSE,

HB 1385. By Mr. Wamble of the 90th:
A Bill to be entitled an Act to create a new Board of Education of Grady County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 1387. By Messrs. Matthews and Fallin of the 94th: A Bill to be entitled an Act to amend an Act placing the county officers of Colquitt County on an annual salary in lieu of a fee system of com pensation, so as to change the compensation of the Ordinary of Colquitt County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1388. By Messrs. Odom, Hutchinson, Lee and Busbee of the 79th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Albany, so as to authorize the City Commissioners to excuse absences of commissioners from meetings under certain conditions; to provide the employment of a city physician shall be discretionary with the City Commission rather than mandatory; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

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

THURSDAY, FEBRUARY 15, 1968

1549

HB 1391. By Mr. Hargrett of the 77th:
A Bill to be entitled an Act to change the method of electing members of the Board of Education of Wayne County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1392. By Mr. Hargrett of the 77th: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Wayne County, so as to change the terms of office of the members of the Board from staggered terms to concurrent terms; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1398. By Messrs. Harris and Scarlett of the 85th:
A Bill to be entitled an Act to amend an Act which increases the salary of the Judge of the Juvenile Court of Glynn County, so as to change the salary of the Judge of the Juvenile Court of Glynn County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

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

1550

JOURNAL OF THE HOUSE,

HB 1399. By Messrs. Joiner and Rowland of the 48th:
A Bill to be entitled an Act to create and establish the Washington County Airport Authority; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1400. By Mr. Hargrett of the 77th:
A Bill to be entitled an Act to amend an Act providing additional terms for the Superior Court of Wayne County, so as to provide that a Judge of said Superior Court in his discretion may empanel a grand jury for either the January or June term or both; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1403. By Messrs. Lee, Gary and Northcutt of the 35th:
A Bill to be entitled an Act to amend an Act creating a civil service system for employees of Clayton County, so as to change the provisions relating to coverage of employees; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

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

THURSDAY, FEBRUARY 15, 1968

1551

HB 1406. By Messrs. Howard and McDaniell of the 101st, Wilson and Henderson of the 102nd and Cooper of the 103rd:
A Bill to be entitled an Act to amend an Act consolidating, revising and superseding the Charter of the City of Elizabeth, so as to change the corporate limits of said city; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1408. By Messrs. DeLong and Sherman of the 105th, Fleming and Maxwell of the 106th, Dent and Cheeks of the 104th: A Bill to be entitled an Act to amend an Act changing from the fee to the salary system certain county officers of certain counties in this State, so as to provide for one additional deputy sheriff investigator (driver), one additional deputy sheriff investigator (rider), three additional deputy sheriff drivers, five additional deputy sheriff riders, and two additional deputy sheriff record bureau dispatchers; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1409. By Mr. Nimmer of the 48th: A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court, the Ordinary, and the Tax Commis sioner of Brantley County, known as the fee system; to provide in lieu thereof annual salaries for such officers; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

1552

JOURNAL OF THE HOUSE,

HB 1410. By Mr. Nimmer of the 84th:
A Bill to be entitled an Act to provide for the election of members of the board of education of Pierce County; to provide the manner of electing members to the board; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1411. By Messrs. Lee, Gary and Northcutt of the 35th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Clayton County, so as to designate the Board of Commissioners of Roads and Revenues of Clayton County as the fiscal authority of the county; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1414. By Messrs. Peterson and Stalnaker of the 59th: A Bill to be entitled an Act to amend an Act entitled "An Act to place the tax commissioner of Houston County upon an annual salary in lieu of the fee system of compensation", so as to provide that the arbitration committee which is impanelled to hear budget and salary disputes shall be composed of the senior judge of the superior court of Houston County or his delegate, the solicitor-general, senator and members of the House of Representatives from Houston County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 15, 1968

1553

HB 1415. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Houston County upon an annual salary in lieu of the fee system of compensation, so as to provide that the arbitration com mittee which is impanelled to hear budget and salary disputes shall be composed of the senior judge of the superior court of Houston County or a judge, the solicitor-general, senator and members of the House of Representatives from Houston County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1416. By Messrs. Peterson and Stalnaker of the 59th: A Bill to be entitled an Act to amend an Act placing the sheriff of Hous ton County upon an annual salary in lieu of the fee system of compensa tion, so as to provide that the arbitration committee which is impanelled to hear budget and salary disputes shall be composed of the senior judge of the superior court of Houston County or a judge designated by the senior judge, the solicitor-general, senator and members of the House of Representatives from Houston County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1417. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to be entitled an Act to amend an Act placing the ordinary of Houston County on an annual salary in lieu of the fee system of com pensation, so as to provide that the arbitration committee which is im panelled to hear budget and salary disputes shall be composed of the senior judge of the superior court of Houston County or a judge desig nated by the senior judge, the solicitor-general, senator and members

1554

JOURNAL OF THE HOUSE,

of the House of Representatives from Houston County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1418. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to be entitled an Act to amend an Act creating the City Court of Warner Robins, so as to provide that the State Court of Houston County shall have jurisdiction of special statutory remedies; to provide that the Solicitor of said Court shall represent the State in all criminal prosecu tions in said Court and all appeals therefrom; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1419. By Messrs. Peterson and Stalnaker of the 59th:
A Bill to be entitled an Act to amend an Act incorporating the City of Centerville, so as to provide for continuing qualifications for mayor and council; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0. The Bill, having received the requisite constitutional majority, was passed. HR 631-1401. By Br. Brantley of the 63rd:

THURSDAY, FEBRUARY 15, 1968

1555

A RESOLUTION

Proposing an amendment to the Constitution so as to create the Evans County Industrial Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

SECTION 1

Article V, Section IX, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

"There is hereby created a body corporate and body politic to be known as the 'Evans County Industrial Development Authority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdiction to be limited to the territory embraced within the territorial limits of Evans County. The composition of the Authority and all other mat ters relative to the members of such Authority shall be provided by local law. The Authority shall have such duties, powers and au thority as shall be provided by local law, and the General Assembly is hereby authorized to provide by local law for the implementa tion of this amendment and for all matters relative to the Authority.

"All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds issued by the Authority, shall be exempt from State and local taxation. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority.

"The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and the interest of the obligations of Evans County. The exemptions from taxation herein provided shall not include exemptions from sales and use taxes on property pur chased by the Authority or for use by the Authority.

"Said Authority is created for the purpose of developing, pro moting and expanding for the public good and general welfare, in dustry, agriculture, commerce, natural resources, and vocational training and for the making of long range plans for the coordina tion of such development, promotion and expansion within its ter ritorial limits. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia or Evans County. The Authority is created for nonprofit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created."

1556

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SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to create NO ( ) the Evans County Industrial Development Authority?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond
Bostick Bowen Branch Brantley, H. H.
Brantley, H. L.

Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Clarke Cole
Collins, J. F. Collins, M. Colwell Conner
Cooper, B.

Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Dean Dent Dickinson Dillon Dixon Dodson
Dollar Dorminy Doster Douglas
Egan

THURSDAY, FEBRUARY 15, 1968

1557

Fallin Farmer Farrar Floyd Funk Gary Gay Gaynor Gignilliat Graves Gunter Hall Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Knapp Laite Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis

Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland Rainey Reaves

Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Turner Underwood Vaughan, D. N. Vaughn, C. R. Walling Ward Ware Wells Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Barfield Cheeks Cook Davis DeLong Edwards Fleming Grahl

Grier Hadaway Hale Hamilton Hood Jordan, W. H. Kirksey Lambert

Lambros Maxwell Sullivan Tye Wamble Wiggins Mr. Speaker

1558

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the ayes were 182, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 632-1401. By Mr. Shuman of the 65th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Effingham County Industrial Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section VII, Paragraph V of the Consti tution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic to be known as the 'Effingham County Industrial Development Author ity', which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and by that name, style and title said body may contract and be contracted with, sue and be sued, plead and be impleaded, and complain and defend in all courts of law and equity.
"B. The Authority shall be composed of eight members as fol lows: One member shall be a resident of the City of Rincon ap pointed by the governing authority of said City; one member shall be a resident of the City of Springfield appointed by the govern ing authority of said City; one member shall be a resident of the City of Guyton appointed by the governing authority of said City; and five members shall be residents of Effingham County who reside within each of the five Militia Districts of said County to be appointed by the governing authority of Effingham County. The members of the Authority shall serve for terms of office con current with the terms of office of the members of the governing authorities appointing them. The first members shall be appointed as provided herein, to take office on January 1, 1969. In the event a vacancy occurs in the membership of the Authority by death, resignation, removal of residence from which appointed or other wise, the appointing authority shall fill the same for the unexpired term. Before assuming their duties of office, each member shall take an oath before an officer duly authorized to administer oaths that he will truly and faithfully perform the duties of a member of the Authority.
"C. As used in this amendment the following words and terms shall have the following meanings unless a different meaning clear ly appears from the context:

THURSDAY, FEBRUARY 15, 1968

1559

(1) The word 'Authority' shall mean the Effingham Coun ty Industrial Development Authority.

(2) The word 'project' shall be deemed to mean and in clude the acquisition of lands, properties and improvements for development, expansion and promotion of industry, commence; agriculture, natural resources and vocational training; the
construction of buildings and plans for the purpose of selling, leasing or renting such structures to private persons, firms or corporations.

(3) The term 'cost of project' shall embrace the cost of construction, the cost of all lands, properties, easements, rights and franchises acquired, the cost of machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction, cost of engi neering, architectural and legal expenses, and plans and speci fications and other expenses necessary or incident to determin ing the feasibility or practicability of the project, administra tive expense, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project and placing the same in operation.

"D. Effingham County is hereby expressly authorized to enter into contracts with the Authority as a public corporation.

"E. A majority of members of the Authority shall constitute a quorum for the transaction of the ordinary business of the Au thority, but any action with respect to any project of the Authority shall be approved by not less than a majority vote of the total membership of the Authority.

"F. The Authority shall have the following powers:

(1) To have a seal and alter the same at pleasure.

(2) To acquire, hold and dispose of personal property, including the stock of other corporations, for its corporate purposes.

(3) To enter into contracts with Effingham County.

(4) To acquire in its own name by purchase, on such terms and conditions, and in such manner as it may deem proper, real property or liens or easements therein or franchises nec essary or convenient for its corporate purposes, and to use
the same, and to lease or make contracts with respect to the use of or dispose of same in any manner the Authority deems to its best advantage. If the Authority shall deem it expedient to construct any project or use any project already constructed on lands, the title to which shall then be in Effingham County, the governing authority of Effingham County is hereby au thorized, in its discretion, to convey title to such lands, includ ing any improvements thereon, to the Authority.

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(5) To appoint and select officers, agents, and employees including engineers, architects, builders, and attorneys, and to fix their compensation.

(6) To make contracts, and to execute all instruments nec essary or convenient, including contracts for construction of projects and leases and rentals and sale of projects, or contracts with respect to the use of projects which it erects or acquires.

(7) To construct, erect, acquire, own, repair, remodel, maintain, extend, improve, equip, operate and manage projects, self-liquidating or otherwise, located on property owned or leased by the Authority, and to pay the cost of any such project from the proceeds of revenue-anticipation certificates of the Authority or from any grant from the County of Effingham, or from any contribution or loans by persons, firms or corporations, all of which the Authority is hereby authorized to receive and accept and use.

(8) To borrow money for any of its corporate purposes and to execute notes, mortgages, deeds to secure debt, trust deeds and such other instruments as may be necessary or con venient to evidence and secure such borrowing.

The Authority shall further have the power to borrow money from any agency, department, commission, bureau or institution of the State of Georgia or of the United States.
(9) To exercise any power granted by the laws of the State of Georgia to public or private corporations, performing similar functions, which is not in conflict with the Constitution and laws of the State of Georgia.

(10) To do all things necessary or convenient to carry out the powers expressly conferred by this Act.

(11) To adopt, alter or repeal its own bylaws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business.

(12) To issue revenue-anticipation certificates for the pur pose of paying all or any part of the cost of any project of the Authority. Such revenue-anticipation certificates shall be issued and validated under and in accordance with the appli cable provisions of the Act of the General Assembly of 1937 (Ga. Laws 1937, pp. 761-774), and as subsequently amended, providing for the issuance of revenue-anticipation certificates.

(13) Through the use and power of eminent domain, the Authority shall have the right, power, privilege and authority to condemn real property, rights-of-way or easements for the

THURSDAY, FEBRUARY 15, 1968

1561

purpose of developing and promoting for the public good and welfare industry within Effingham County, any such con demnation to be conducted in accordance with the laws of the State of Georgia.

"G. All lands and improvements and personal property the title to which is vested in the Authority, and all debentures, notes, bonds and revenue-anticipation certificates issued by the Authority, and all income earned therefrom by the holders of said evidences of indebtedness, shall be exempt from State and local taxation.

"H. The governing authority of Effingham County is hereby authorized and directed to levy and collect an annual ad valorem tax of two (2) mills for development and promoting industry and is directed to pay to the Authority all funds derived from such levy to be used for the purposes herein set forth.

"I. The Authority shall not be empowered or authorized in any manner to create a debt against the State of Georgia or Ef fingham County.

"J. The books and records of the Authority shall be audited at least annually, at the expense of the Authority, by a competent auditor. The Authority shall furnish copies of said audit to Effing ham County.

"K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Effing ham County subject to any mortgages, liens, leases or other en cumbrances outstanding against or in respect to said property at that time.

"L. This amendment, being for the purpose of developing and promoting the public good and the welfare of the County of Ef fingham and its inhabitants, shall be liberally construed to effect the purposes hereof.

"M. This amendment is adopted for the purpose of promoting and expending for the public good and welfare industry and trade within the County of Effingham and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes.

"N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict same, and may likewise further regulate the management and conduct of the Authority."

Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken

1562

JOURNAL OP THE HOUSE,

thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to create the NO ( ) Effingham County Industrial Development Author ity?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck

Busbee Caldwell Carnes Gates Cato Chandler Clarke Cole Coiling, J. F. Collins, M. Cooper, J. R. Colwell Conner Cooper, B. Cox Crowe, William Crowe, W. J. Dailey Daugherty Dean Dent

Dickinson Dillon Dixon Dodson Dollar Dorminy Doster Douglas Egan Fallin Farmer Farrar Floyd Funk Gary Gay Gaynor Gignilliat Graves Gunter Hall

THURSDAY, FEBRUARY 15, 1968

1563

Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Howard Howell Hutehinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Knapp Laite Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Le vitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R.

Mauldin McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland

Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sweat Thompson, A. W. Thompson, R. Threadgill Town send Tucker Turner Underwood Vaughan, D. N. Vaughn, C. R. Walling Ward Ware Wells Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs. :

Barfield Cheeks Cook Da vis DeLong Edwards Fleming Grahl

Grier Hadaway Hale Hamilton Hood Jordan, W. H. Kirksey Lambert

Lambros Maxwell Sullivan Tye Wamble Wiggins Mr. Speaker

On the adoption of the Resolution, the ayes were 182, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

1564

JOURNAL OF THE HOUSE,

HR 633-1401. By Messrs. Farmer and Matthews of the 29th: A RESOLUTION

Proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the election by the people of the members of the Clarke County Board of Education from election dis tricts within said county; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

SECTION 1
Article VIII, Section VII of the Constitution, as amended by an amendment authorizing the General Assembly to pass a special Act or Acts to merge the existing independent school system known as the Board of Education of Athens, Georgia and the existing school district in the County of Clarke outside the corporate limits of said city, rati fied at the general election held in November, 1954 and set forth in Georgia Laws 1953, Jan.-Feb. Sess., p. 560, as amended, by an amend ment ratified at the general election held in November, 1966 and set forth in Georgia Laws 1966, p. 834, is hereby amended by adding at the end of subsection (g) of Section 1 of said amendment the following:
"The General Assembly may also provide for the election of the members of the Clarke County Board of Education by the peo ple from election districts created within the Clarke County School District.",
so that when so amended subsection (g) shall read as follows:
"(g) The board of education shall be elected or appointed from the district-at-large as may be provided by the General Assembly, and filling of vacancies or removal for cause of any members also shall be as provided by the General Assembly. The General As sembly may also provide for the election of the members of the Clarke County Board of Education by the people from election districts created within the Clarke County School District."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

THURSDAY, FEBRUARY 15, 1968

1565

"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to provide for the election of
NO ( ) the members of the Clarke County Board of Educa tion by the people from election districts within said county?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bo wen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Games Gates Cato Chandler Clarke

Cole Collins, J. F. Collins, M. Colwell Conner Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Dean Dent Dickinson Dillon Dixon Dodson Dollar Dorminy Doster Douglas Egan Fallin Farmer Farrar Floyd Funk

Gary Gay Gaynor Gignilliat Graves Gunter Hall Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor

1566

JOURNAL OF THE HOUSE,

Knapp Laite Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Moreland Mullinax Murphy

Nash Nessmith Newton Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields

Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes
Steis Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Turner Underwood Vaughan, D. N. Vaughn, C. R. Walling Ward Ware Wells Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Barfield Cheeks Cook Davis DeLong Edwards Fleming Grahl

Grier Hadaway Hale Hamilton Hood Jordan, W. H. Kirksey Lambert

Lambros Maxwell Sullivan Tye Wamble Wiggins Mr. Speaker

On the adoption of the Resolution, the ayes were 182, nays 0.

The Resolution, having received the requisite two-third constitutional ma jority, was adopted.

THURSDAY, FEBRUARY 15, 1968

1567

HR 660-1410. By Messrs. Wilson and Henderson of the 102nd, Cooper of the 103rd, McDaniell and Howard of the 101st:

A RESOLUTION

Proposing an amendment to the Constitution so as to prohibit the incorporation of any territory within the limits of Cobb County by any municipality, the major portion of which is located outside the ter ritorial limits of Cobb County, without the approval of the voters of Cobb County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

SECTION 1

Section I of Article XI of the Constitution is hereby amended by adding at the end thereof the following paragraph:

"No territory located within the boundaries of Cobb County shall be incorporated within the limits of any municipality, the major portion of which is located outside the territorial limits of Cobb County, without the approval of a majority of the qualified voters of Cobb County voting in an election held on that question."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to prohibit the incorporation of any territory within the limits of Cobb County by any municipality, the major por-
NO ( ) tion of which is located outside the territorial limits of Cobb County, without the approval of the voters of Cobb County?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re-

1568

JOURNAL OF THE HOUSE,

turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bo wen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Games Gates Cato Chandler Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cooper, B. Cooper, J. R.
Cox
Crowe, William Crowe, W. J. Dailey Daugherty

Dean Dent Dickinson Dillon Dixon Dodson Dollar Dorimny Doster Douglas Egan Fallin Farmer Farrar Floyd Funk Gary Gay Gaynor Gignilliat Graves Gunter Hall Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner

Jones, C. M. Jones, M. Jordan, G. Kaylor Knapp Laite Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nash Nessmith Newton

THURSDAY, FEBRUARY 15, 1968

1569

Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland Rainey Reaves Richardson Roach

Ross Rowland Rush Russell Savage Scartett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sweat

Thompson, A. W. Thompson, R. Threadgill Town send Tucker Turner Underwood Vaughan, D. N. Vaughn, C. R. Walling Ward Ware Wells Westlake Whaley Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Barfield Cheeks Cook Davis DeLong Edwards Fleming Grahl

Grier Hadaway Hale Hamilton Hood Jordan, W. H. Kirksey Lambert

Lambros Maxwell Sullivan Tye Wamble Wigging Mr. Speaker

On the adoption of the Resolution, the ayes were 182, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Highways and referred to the Committee on Local Affairs.

HB 1395. By Messrs. Hill of the 121st, Dillon of the 128th, Brown of the 135th Bond of the 136th and others: A Bill to be entitled an Act to provide that it shall be unlawful foi any person, firm or corporation to operate or allow to be operated any truck, motor vehicle or other vehicle engaged in hauling or carrying any type of gravel, dirt or sand without having the same protected or enclosed in certain counties; and for other purposes.

1570

JOURNAL OF THE HOUSE,

Mr. Northcutt of the 35th moved that the House reconsider its action in failing to give the requisite two-thirds constitutional majority to the following Resolution of the House:

HR 420-932. By Messrs. Northcutt of the 35th and Lane of the 126th:
A Resolution proposing an amendment to the Constitution, so as to provide that no political entity shall exercise its power of eminent domain to condemn any building used as a residence or business until all occupants have been relocated; and for other purposes.

The motion prevailed, and HR 420-932 was reconsidered.
Under the general order of business established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:
HR 379-853. By Messrs. Carnes of the 129th, Lane of the 126th, Dodson of the 107th, Cooper of the 16th and Pallin of the 94th:
A RESOLUTION
Creating the Juvenile Court Law Study Commission; and for other purposes.
WHEREAS, the Juvenile Court Act of 1951 was created with the view that juvenile courts would act as parens patriae to juvenile of fenders; and
WHEREAS, the Juvenile Court Act of 1951 contemplated informal proceedings designed to afford juveniles protection and guidance as opposed to trial procedures with criminal sanctions; and
WHEREAS, the Supreme Court of the United States in recent de cisions has held that constitutional safeguards apply to juvenile court proceedings; and
WHEREAS, the Juvenile Court Act of 1951 needs complete re vision in order to meet the standards that experts predict the Supreme Court of the United States will require when the appropriate ques tions are presented to the Court; and
WHEREAS, the Juvenile Court Act of 1951 needs a complete re vision in order to provide for a uniform system of juvenile courts in Georgia; and
WHEREAS, a great amount of study and consideration will be re quired to provide Georgia with a completely modern juvenile court system that will withstand the test of time and Supreme Court scrutiny;

THURSDAY, FEBRUARY 15, 1968

1571

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the "Juvenile Court Law Study Commission". The Commission shall be composed of Twelve (12) members as follows: Three (3) members of the House of Representatives to be appointed by the Speaker; Three (3) members of the Senate to be appointed by the President of the Senate; and Six (6) other members to be appointed by the Governor, Two (2) of whom shall be juvenile court judges who are not superior court judges, One (1) of whom shall be a superior court judge, and Three (3) of whom shall be selected from the law schools of Emory University, the Uni versity of Georgia, and Mercer University.

The Commission shall study the juvenile court procedures of Geor gia, other states, and of other countries, and shall elicit views from experts in juvenile affairs and laws. It shall study recent court de cisions affecting juvenile courts and shall create a new juvenile court system for Georgia, having in mind a uniform system that will operate throughout the State. It shall be the Commission's duty to devise a juvenile court law that is modern, efficient and constitutionally sound.
The members of the Commission shall be appointed within Thirty (30) days after approval of this Resolution by the Governor or after it otherwise becomes law. The members shall meet within Thirty (30) days after all members have been appointed for the purpose of organiz ing, electing a chairman and such officers as are deemed advisable and adopting the procedure for the operation of the Commission.

The Commission shall remain in existence until December 31, 1969, at which time the Commission shall present to the Governor and Gen eral Assembly a report and proposed legislation creating a new juve nile court system for the State.

The Commission is authorized to employ a full-time staff, consist ing of no more than Two (2) secretaries, a clerk and legal counsel, to be paid for from funds appropriated to or available to the executive branch of government and from other available funds. The compensa tion to be received by staff members shall be fixed by the Chairman.

The members of the Commission shall receive the compensation, per diem, expenses and allowances authorized for legislative members of interim legislative committees, but shall receive the same for not more than Forty (40) days. The superior court judge and juvenile court judges shall be paid from the same funds from which they are other wise compensated. The other non-legislative members of the Commis sion shall be paid from the funds appropriated to or available to the executive branch of the government and from any other available funds. The legislative members of the Commission shall be paid from the funds appropriated to or available to the legislative branch of the government and from any other available funds.

The following Committee substitute was read and adopted:

1572

JOURNAL OF THE HOUSE,

A RESOLUTION

Creating the Juvenile Court Law Study Commission; and for other purposes.

WHEREAS, the Juvenile Court Act of 1951 was created with the view that juvenile courts would act as parens patriae to juvenile of fenders; and

WHEREAS, the Juvenile Court Act of 1951 contemplated informal proceedings designed to afford juveniles protection and guidance as opposed to trial procedures with criminal sanctions; and

WHEREAS, the Supreme Court of the United States in recent decisions has held that constitutional safeguards apply to juvenile court proceedings; and

WHEREAS, the Juvenile Court Act of 1951 needs complete revision in order to meet the standards that experts predict the Supreme Court of the United States will require when the appropriate questions are presented to the Court; and

WHEREAS, the Juvenile Court Act of 1951 needs a complete revision in order to provide for a uniform system of juvenile courts in Georgia; and

WHEREAS, a great amount of study and consideration will be required to provide Georgia with a completely modern juvenile court system that will withstand the test of time and Supreme Court scrutiny.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the "Juvenile Court Law Study Commission". The Commission shall be composed of Twelve (12) members as follows: Three (3) members of the House of Representatives to be appointed by the Speaker; Three (3) members of the Senate to be appointed by the President of the Senate; and six (6) other members to be appointed by the Governor, Two (2) of whom shall be juvenile court judges who are not superior court judges, One (1) of whom shall be a superior court judge, and Three (3) of whom shall be selected from the faculties of the law schools of Emory University, the University of Georgia, and Mercer University.
The Commission shall study the juvenile court procedures of Geor gia, other states, and of other countries, and shall elicit views from experts in juvenile affairs and laws. It shall study recent court de cisions affecting juvenile courts and shall create a new juvenile court system for Georgia, having in mind a uniform system that will operate throughout the State. It shall be the Commission's duty to devise a juvenile court law that is modern, efficient and constitutionally sound.
The members of the Commission shall be appointed within Thirty (30) days after approval of this Resolution by the Governor or after it otherwise becomes law. The members shall meet within Thirty (30) days after all members have been appointed for the purpose of organiz-

THURSDAY, FEBRUARY 15, 1968

1573

ing, electing a chairman and such officers as are deemed advisable and adopting the procedures for the operation of the Commission.

The Commission shall remain in existence until December 31, 1969, at which time the Commission shall present to the Governor and General Assembly a report and proposed legislation creating a new juvenile court system for the State.

The Commission is authorized to employ a full-time staff, consist ing of no more than Two (2) secretaries, a clerk and legal counsel, to be paid for from funds appropriated to or available to the executive branch of government and from other available funds. The compensa tion to be received by staff members shall be fixed by the Chairman with the advice and consent of the Governor.
The members of the Commission shall receive the expenses and allowance authorized for legislative members of interim legislative committees, but shall receive the same for not more than Forty (40) days. The superior court judge and juvenile court judges shall be paid from the same funds from which they are otherwise compensated. The other non-legislative members of the Commission shall be paid from. the funds appropriated to or available to the executive branch of the government and from any other available funds. The legislative mem bers of the Commission shall be paid from the funds appropriated to or available to the legislative branch of the government and from any other available funds.

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, by substitute, the ayes were 108, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

HB 1315. By Messrs. Clarke of the 45th and Knapp of the 109th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt the sales of tangible personal property and services to certain private elementary and secondary schools from the taxes imposed by said Act; and for other purposes.

The following Committee substitute was read and adopted:

1574

JOURNAL OF THE HOUSE,

A BILL

To be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", approved February 20, 1951, (Ga. Laws 1951, p. 360), as amended, so as to exempt the sales of tangible personal property and services to certain private elementary and secondary schools from the taxes imposed by said Act; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

SECTION 1

An Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", approved February 20, 1951, (Ga. Laws 1951, p. 360), as amended, is hereby amended by striking Section 3 (c) 2 (m) in its entirety and inserting in lieu thereof a new Section 3 (c) 2 (m) to read as follows:

"Section 3 (c) 2 (m). Sales of tangible personal property and services to be used exclusively for educational purposes by those private colleges and universities in this State whose academic credits are accepted as equivalents by the University System of Georgia and its educational units. Also sales of tangible personal property and services to be used exclusively for educational pur poses by those bona fide private elementary and secondary schools which have been approved by the State Revenue Commissioner as organizations eligible to receive tax deductible contributions, pro vided application for this exemption is made to the Revenue De partment and proof of such exemption established."

SECTION 2

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

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, by substitute, the ayes were 104, nays 2.

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

HB 1043. By Mr. Harris of the 85th:
A Bill to be entitled an Act to amend Code Section 113-821, so as to provide a residuary bequest or devise to a surviving widow in lieu of

THURSDAY, FEBRUARY 15, 1968

1575

dower or year's support or both shall be subject to debts, taxes, etc., as if the bequest or devise were not in lieu of dower or year's support or both; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 103, nays 1.

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

HB 1238. By Mr. Threadgill of the 32nd:
A Bill to be entitled an Act to amend an Act providing uniform stand ards for audits of municipalities and counties within the State of Georgia; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 111, nays 0.

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

HB 1270. By Messrs. Crowe and Snow of the 1st:
A Bill to be entitled an Act to provide that in all counties of this State having a population of not less than 44,000 nor more than 45,300 according to the United States decennial census of 1960 or any future such census, it shall be unlawful to hunt, catch, take, kill or attempt to hunt, catch, take or kill foxes by the use or aid of recorded calls or sounds or recorded or electronically amplified imitations of calls or sounds; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

1576

JOURNAL OF THE HOUSE,

HB 1277. By Mr. Fleming of the 106th:
A Bill to be entitled an Act to amend an Act authorizing the governing authorities of municipalities and counties to establish planning com missions, so as to require a brief description of the property sought to be rezoned to be published in a newspaper of general circulation in the county by the secretary of the planning commission; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 103, nays 3. The Bill, having received the requisite constitutional majority, was passed.

HB 1289. By Messrs. Mullinax of the 42nd, Rainey of the 69th, Dixon of the 83rd, Dickinson of the 27th, Busbee of the 79th, Sweat of the 83rd and Hall of the 67th:
A Bill to entitled an Act providing for licensing farms for the com mercial production of alligators; to provide for a license fee; to author ize the Game and Fish Commission to regulate such farms; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 107, nays 0.

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

The Speaker announced the House recessed until 2:00 o'clock, P.M.

AFTERNOON SESSION

The Speaker called the House to order.

The following Resolutions of the House were read and referred to the Com mittee on Rules:

THURSDAY, FEBRUARY 15, 1968

1577

HR 700. By Messrs. Smith of the 114th, Smith of the 3rd, Lambros of the 130th and Mrs. Merritt of the 68th:

A RESOLUTION

Requesting the Speaker of the House to authorize certain named Representatives to attend the Conference of the Council for Excep tional Children; and for other purposes.

WHEREAS, the Council for Exceptional Children is holding an Invitational Conference for the Eastern States on March 18 and 19, 1968, at the Washington Hilton Hotel in Washington, D. C.; and

WHEREAS, the said Council is devoted to the purposes of fostering better provisions at all levels of education for handicapped and gifted children; and

WHEREAS, there are several members of the House of Repre sentatives who have demonstrated their devotion to the betterment of children by taking active roles on committees which have had for their purposes the uplifting of the mentally retarded and underprivileged and by preparing legislation which has to do with exceptional and handicapped children: more specifically, Representative Smith of the 3rd, Merritt of the 68th, Smith of the 114th and Lambros of the 130th; and

WHEREAS, it should prove fruitful to Georgia if these persons attend the Conference being conducted by the Council for Exceptional Children in Washington, D. C., and bring back the latest information on matters pertaining to handicapped and gifted children.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Speaker of the House appoint the fol lowing Representatives to attend the Conference being conducted by the Council for Exceptional Children in Washington, D. C., on March 18 and 19, 1968: Smith of the 3rd, Merritt of the 68th, Smith of the 114th and Lambros of the 130th. The expenses of the said legislators shall be reimbursed to them out of funds appropriated to or available to the legislative branch of government.

HR 701. By Mr. Harris of the 118th:
A RESOLUTION
Amending the Rules of the House; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Rules of the House are hereby amended by striking Rule 123 which reads as follows:
"Rule 123. No bill or resolution requiring the concurring vote of the Senate for passage shall be introduced unless the same shall

1578

JOURNAL OF THE HOUSE,

have been filed in the office of the Clerk before 10:00 A.M., on the previous day. However, such a bill or resolution may he intro duced on the second day of any regular, adjourned, or special ses sion if it shall have been filed in the office of the Clerk before

12:00 noon of the first day of such session.",
it its entirety and inserting in lieu thereof a new Rule 123 to read as follows:

"Rule 123. No bill or resolution requiring the concurring vote of the Senate for passage shall he introduced unless the same shall have been filed in the office of the Clerk not later than one hour after the time of adjournment on the previous day."

The following Resolutions of the House were read and referred to the Com mittee on Local Affairs:

HR 702. By Mr. Carnes of the 129th:
A RESOLUTION
Creating a Metropolitan Tax Study Commission; and for other purposes.
WHEREAS, the counties of Fulton, DeKalb, Cobb, Clayton and Gwinnett, which compose the metropolitan area of Atlanta, are experi encing financial difficulties in keeping pace with the rapid growth of the metropolitan area; and
WHEREAS, the services demanded by the citizens are costly; and
WHEREAS, the revenue being derived by the counties composing the metropolitan area is inadequate to meet the many demands of the citizens; and
WHEREAS, the tax base of the metropolitan counties needs to be expanded to authorize the governing authorities thereof to levy addi tional taxes to provide essential services to the citizens of the metro politan area.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a Metropolitan Tax Study Commission to be composed of two members of the House of Representatives from Fulton County, two members of the House of Representatives from DeKalb County, two members of the House of Representatives from Cobb County, one member of the House of Rep resentatives from Clayton County, and one member of the House of Representatives from Gwinnett County. All members of the Commis sion shall be appointed by the Speaker of the House of Representatives. The Commission shall be authorized to study all matters relative to taxation. The Commission may hold such meetings at such places and

THURSDAY, FEBRUARY 15, 1968

1579

at such times as it considers expedient and may do all other things consistent with this Resolution which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of the Resolution. The members of the Commission shall receive the allowances authorized for legislative members of interim legislative committees, but shall re ceive the same for no more than ten days. The funds necessary to carry out the purposes of this Resolution shall come from the funds appro priated to or available to the legislative branch of the government. The Commission shall make a report of its findings and recommenda tions to the 1969 Session of the General Assembly at which time the Commission shall stand abolished.

HR 704. By Mr. Hill of the 121st:
A RESOLUTION
Creating an interim committee to study the feasibility of estab lishing a Metropolitan Airport Council in certain areas; and for other purposes.
WHEREAS, airport planning in large metropolitan areas should be projected for at least ten years in advance of the actual require ments for airport facilities; and
WHEREAS, the purpose of a Metropolitan Airport Council will be to plan, promote and operate airports.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to study the feasibility of establishing a Metropolitan Airport Council in any county or municipality having a population of more than 500,000 according to the United States Decennial Census of 1960. The com mittee shall be composed of five members of the House of Representa tives to be appointed by the Speaker of the House of Representatives. The Committee shall be authorized to study all matters relating to the establishment of a Metropolitan Airport Council. The committee may hold such meetings at such places and at such times as it considers expedient and may do all other things consistent with this Resolution which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish, the objectives and purposes of this Resolution. The committee shall receive the allow ances authorized for legislative members of interim legislative com mittees, but shall receive the same for not more than twenty (20) days. The funds necessary to carry out the provisions of this Resolution shall come from funds appropriated to or available to the legislative branch of the government. Said committee shall make a report of its findings and recommendations, which report shall be accompanied by such proposed legislation as might be recommended by said Committee, to the 1969 session of the General Assembly of Georgia.

HR 706. By Messrs. Wilson and Henderson of the 102nd, McDaniell and Howard of the 101st and Cooper of the 103rd:

1580

JOURNAL OF THE HOUSE,

A RESOLUTION

Urging the consolidation and combination into one authority of the City of Marietta Hospital Authority and the Cobb County Hospital Authority; and for other purposes.

WHEREAS, at the present time, there are two independent hos pital authorities operating within the confines of Cobb County, namely: the City of Marietta Hospital Authority and the Cobb County Hos pital Authority; and
WHEREAS, it is an extremely expensive proposition for the citi zens of any one community to maintain an adequate hospital facility at public expense without the necessity of supporting two such facilities; and
WHEREAS, in the name of efficiency there should be combined within one authority the present hospital facilities being operated by the City of Marietta Hospital Authority and the Cobb County Hospital Authority; and
WHEREAS, if this consolidation were effected expensive duplica tions would be avoided as well as the alleviation of extreme difficul ties in providing adequate staff and equipment for such hospital facili ties; and
WHEREAS, if there is but one hospital authority within Cobb County, the possibilities of receiving State and Federal aid will be vastly multiplied; and
WHEREAS, the interests of all of the citizens of Cobb County would best be served if there were but one hospital authority.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby urge upon the City of Marietta Hospital Authority and the Cobb County Hospital Authority and upon the governing authorities of the City of Marietta and Cobb County that there be combined and consolidated within one authority the functions and facilities presently being operated by the two hospital authorities within Cobb County.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives and the Secretary of the Senate are hereby authorized and instructed to transmit appropriate copies of this Resolution to the City of Marietta Hospital Authority, the Cobb County Hospital Authority and the governing authorities of the City of Marietta and Cobb County.

The following Resolution of the House was read and referred to the Com mittee on Motor Vehicles:

THURSDAY, FEBRUARY 15, 1968

1581

HR 703. By Messrs. Johnson of the 40th, Harris of the 14th, Cole of the 3rd, Anderson of the 71st, Vaughan of the 14th, Ward of the 2nd and Nimmer of the 84th:

A RESOLUTION

Creating an interim committee to study all matters relating to motor vehicles, including common carriers, the truck weighing division of the Highway Department and the creation of the Department of Motor Vehicles; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:

WHEREAS, the problem relative to motor vehicles is becoming in creasingly complex; and

WHEREAS, the members of this body are in need of information in order that they may vote more intelligently on legislation concerning motor vehicles.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim study committee to be known as "The Motor Vehicles Study Commtitee", which shall consist of seven members of the House of Representatives, ap pointed by the Speaker thereof. Said Committee shall be authorized to study all matters relating to motor vehicles and shall give particular attention to problems relating to common carriers and the truck weighing division of the Highway Department, and the possible creation of the Department of Motor Vehicles for this State.

BE IT FURTHER RESOLVED that the members of the committee shall receive the expenses and allowances authorized to legislative mem bers of interim legislative committees. The members of the committee shall receive such expenses and allowances from the funds appropriated or made available to the legislative branch of government for as many days as authorized by the Speaker of the House of Representatives. Any other funds necessary to carry out the provisions of this Resolution shall come from funds appropriated or made available to the legislative branch of government. The committee shall make a report of its findings and recommendations to the 1969 Session of the General Assembly, at which time said committee shall stand abolished.

The following Resolution of the House was read and referred to the Com mittee on Judiciary:

HR 705. By Messrs. Harris of the 85th and Levitas of the 118th:
A RESOLUTION
Creating a committee to study the laws relating to the profit and nonprofit corporations in the State of Georgia; and for other purposes.

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WHEREAS, as a result of studies conducted by the University of Georgia School of Law in cooperation with a special advisory committee of the Section of Corporate and Banking Laws of the State Bar of Georgia, two bills have been introduced at the 1968 Session of the General Assembly of Georgia proposing separate Acts for profit and nonprofit corporations; and

WHEREAS, these bills when passed will affect most corporations in the State of Georgia and should therefore be given serious considera tion and study by the legislature during the period which has been reserved for study by the terms of said bills (the effective date of each bill being postponed until after the 1969 Session of the General Assembly).

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee com posed of 5 members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The committee shall continue the study on the laws relating to profit and nonprofit corpo rations in the State of Georgia. The committee is authorized to make such studies both within and without the State of Georgia. The committee is authorized to hold hearings and study all matters relative to profit and nonprofit corporations. The committee is authorized to employ persons who are skilled in legislative drafting and who are experts in the field of corporation law. The committee is further authorized to employ such clerical aides as may be necessary to assist the committee in their study. This committee may do any other things consistent with this Resolution which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. The members of the committee shall receive the allowances authorized by law for members of interim legislative committees. The funds necessary to crary out the purposes of this Resolution shall come from the funds appropriated to or available to the legislative branch of the government. The committee shall make a report to the 1969 Session of the General Assembly of its findings at which time it shall stand abolished.

The following Resolutions of the House were read and referred to the Com mittee on State of Republic:

HR 707. By Mr. Gignilliat of the 113th:
A RESOLUTION
Creating a committee to study state employees retirement; and for other purposes.
WHEREAS, a recent development has vividly pointed up the need for a study of state employees retirement; and

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1583

WHEREAS, it is against the precepts of sound retirement systems to grant accelerated retirement benefits to persons who voluntarily resign from office after being charged with malfeasance or misfeasance; and

WHEREAS, it is the desire of the members of this body to study the State Employees Retirement System in order to correct the de ficiencies in the law which apparently sanction this policy.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim committee to study employees retirement. The committee shall be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The committee shall be author ized to study all aspects of state employees retirement and the system thereof. All departments and divisions of state government shall make available to the committee their records, statistics and other information upon request and render any assistance necessary or convenient to ful fill the purposes of this Resolution. The committee may hold such meetings at such places and at such times as it considers expedient and may do all other things consistent with this Resolution which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and pur poses of this Resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for no more than ten days. The funds necessary to carry out the purposes of this Resolution shall come from the funds appropriated to or available to the legislative branch of the government. The committee shall make a report of its findings and recommendations to the 1969 Session of the General Assembly at which time it shall stand abolished.

HR 708. By Messrs. Gary of the 35th, Dodson of the 107th, Bray of the 43rd and others:
A RESOLUTION
Creating an interim committee to examine the methods used by the State to distribute matching funds and state grants; and for other purposes.
WHEREAS, the State of Georgia distributes millions of dollars each year to local units of government in the form of grants and match ing fund monies; and
WHEREAS, these grants and matching fund monies are based upon different formulas; and
WHEREAS, it is the desire of this body to review these formulas to make certain that these funds are being distrbiuted in a fair and equitable manner.

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NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to examine the methods used by the State to distribute matching funds and state grants. The committee shall be composed of seven members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The committee shall be authorized to investi gate the methods being used by any agency of state government to distribute matching fund monies or state grants to local political sub divisions. All agencies of the state government shall make available to the committee their records, statistics and other information and render any assistance necessary or convenient to fulfill the purposes of this Resolution. The committee may hold such meetings at such places and at such times as it considers expedient and may do all other things consistent with this Resolution which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties, and accomplish the objectives of this Resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees, but shall receive the same for not more than ten days. The funds necessary to carry out the purposes of this Resolution shall come from the funds appropriated to or available to the legislative branch of the government. The committee shall make a report of its findings and recommendations to the 1969 Session of the General Assembly of Georgia at which time it shall stand abolished.

The following Resolution of the House was read:

HR 583. By Messrs. Farmer of the 29th, Leonard of the 3rd, Poss of the 17th, Ballard of the 37th, Westlake of the 119th, Mrs. Merritt of the 68th and others:
A RESOLUTION
Requesting the Board of Regents to discourage the expansion of retail stores located on the campuses of colleges and university in the University System; and for other purposes.
WHEREAS, there is growing tendency on the part of colleges and universities within the University System of Georgia to allow retail stores located on college campuses to expand their size and lines of merchandise to the extent that they are in direct competition with private enterprise; and
WHEREAS, the traditional reason for the existence of such stores was not to compete with private enterprise but to allow college students convenient access to material needed in connection with their stduies, personal hygiene, and other items reasonable associated with college life; and
WHEREAS, such stores enjoy many unfair competitive advantages over private enterprise, and for that reason, their lines of merchandise should be restricted to those items traditionally sold by such stores; and

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WHEREAS, recognizing that the private enterprise system is the source of greatness for our State and country, it has always been the policy of this State to discourage any unnecessary activity on the part of government which competes with private enterprise; and

WHEREAS, there is no necessity for stores located on college cam puses to sell items which are not traditionally associated with such stores.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Board of Regents is hereby requested to adopt a policy discouraging the expansion of retail stores located on the campuses of colleges and universities in the University System of Georgia.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to the Chancellor and each member of the Board of Regents.

The following amendment was read and adopted:
The Committee on Education moves to amend HR 583 as follows:
By striking the following:
"WHEREAS, there is a growing tendency on the part of col leges and universities within the University System of Georgia to allow retail stores located on college campuses to expand their size and lines of merchandise to the extent that they are in direct com petition with private enterprise;",
and by inserting in lieu thereof the following:
"WHEREAS, there is a growing tendency on the part of col leges and universities in the nation to allow retail stores located on college campuses to expand their size and lines of merchandise to the extent that they are in direct competition with private enter prise;"
By striking the following:
"WHEREAS, the traditional reason for the existence of such stores was not to compete with private enterprise but to allow col lege students convenient access to material needed in connection with their studies,",
and inserting in lieu thereof the following:
"WHEREAS, the traditional reason for the existence of such stores within the University System of Georgia was not to compete with private enterprise but to allow college students convenient access to materials needed in connection with their studies,"

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The Resolution, as amended, was adopted.

The following Resolutions of the House and Senate were read and adopted:
HR 581. By Mr. Laite of the 109th:
A RESOLUTION
Urging the State Highway Department to proceed with the utmost haste to complete certain highway projects; and for other purposes.
WHEREAS, at the present time, the City of Macon and areas adjacent thereto are hopelessly encumbered with a growing traffic prob lem due to inadequate roads and highways; and
WHEREAS, there are, at the present time, certain projects under construction and proposed projects which could drastically reduce the traffic congestion in and around the City of Macon.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that this body does hereby urgently request that the State Highway Department proceed with the utmost haste to com plete the following projects:
(1) The four-lane highway extending from the City of Macon to Gray, Georgia.
(2) Provide additional entrances and exits on Interstate 75 at V C & L Road, Wimbish Road and Main Street.
(3) Convert Riverside Drive into a four-lane highway.
(4) Complete Cornfield Road and Seventh Street projects.
(5) Proceed with plans to construct a four-lane limited access highway extending from Augusta to Macon to Columbus, Georgia.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an ap propriate copy of this Resloution to the Director of the State Highway Department.

HR 654. By Messrs. Ware of the 42nd, Steis of the 100th, Berry of the 110th, Lane of the 126th, Brantley of the 139th, Gay of the 60th and others.
A RESOLUTION
Urging Congress to pass certain bills affecting veterans; and for other purposes.

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1587

WHEREAS, there is presently pending in the United States Senate S. 2170 which amends title 10 United States Code to equalize the retire ment pay of members of the uniformed services of equal rank and years of service; and
WHEREAS, there is presently pending in the United States House of Representatives H. R. 6623 which amends section 3104 of title 38 United States Code to permit certain service connected disabled veterans who are retired members of the uniformed services to receive compensa tion concurrently with retired pay, without deduction from either, and H.R. 12657 which amends title 38 United States Code to provide survival benefits for military career personnel; and

WHEREAS, all three of these bills deserve favorable consideration.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby urge the passage of S. 2170, H. R. 6623, and H.R. 12657 by the Congress of the United States.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro priate copy of this Resolution to Honorable Richard B. Russell, Chair man, Senate Committee on Armed Services and Honorable Olin E. Teague, Chairman, House of Representatives Committee on Veterans Affairs and to each of the other members of the Georgia Congressional Delegation.

HR 657. By Messrs. Davis, Westlake and Jenkins of the 119th, Thompson of the 110th, Berry of the 113th, Bray of the 43rd, Bostick of the 93rd, Malone of the 117th and Steis of the 100th:

A RESOLUTION

Creating an interim study committee to study all matters relating to mechanics' and materialmen's liens; and for other purposes.

WHEREAS, it has come to the attention of this body that the laws of this State relating to mechanics' and materialmen's liens are in need of study and revision; and

WHEREAS, recent court decisions of the appellate courts of this State further indicate that such laws are in need of study and revision.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim study committee to be known as the Mechanics' and Materialmen's Liens Study Committee to be composed of five (5) members of the House of Repre sentatives to be appointed by the Speaker thereof. Said Committee shall make a careful study and analysis of the present laws of this State relating to mechanic's and materialmen's liens for the purpose of re vising and improving said laws.

BE IT FURTHER RESOLVED that the Committee may hold such meetings at such places and at such times as it considers expedient,

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JOURNAL OF THE HOUSE,

and may do all other things consistent with this resolution which are necessary and convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of this resolution.

BE IT FURTHER RESOLVED that the members of the Committee shall receive the expenses and travel allowances authorized for legisla tive members of interim legislative committees. The members of the Committee shall receive such expenses and allowances from the funds appropriated or available to the Legislative Branch of government but shall receive the same for not more than ten (10) days. Any other funds necessary to carry out the provisions of this resolution shall come from funds appropriated or available to the Legislative Branch of government. Said Committee shall make a report of its findings and recommendations, which report shall be accompanied by such proposed legislation as might be recommended by said Committee, to the 1969 session of the General Assembly of Georgia.

HR 683. By Messrs. Smith, Palmer and Malone of the 117th:
A RESOLUTION
Commending the Smoke Rise Junior League Football Team; and for other purposes.
WHEREAS, the Smoke Rise Junior League Football Team has demonstrated its ability by winning the 1967 DeKalb-Gwinnett Midget Football Championship, and
WHEREAS, in eight games played this past season, Smoke Rise was undefeated, scoring 196 points to 19 of their opponents, and
WHEREAS, the consistent high caliber of play demonstrated by the Smoke Rise Team reflects to the credit of the coaching staff and to the effort and dedication of the individual members of the team; and
WHEREAS, the Smoke Rise team is a member of the Pop Warner Junior League Football, which includes scholastic standards as a pre requisite and consists of some 30,000 teams and more than 600,000 play ers in all parts of the United States, whose ages range from 7 to 14, and
WHEREAS, the Smoke Rise Junior League Football Team is to be commended for their vision in planning the "Smoke Rise Youth Bowl" played annuallly at Historic Stone Mountain for the benefit of the Chil dren's Home Recreation Fund, that boys at this early age can learn to be of a genuine service to their community, and
WHEREAS, Head Coach Doug Stowers and Assistant Coaches Howard Burke, Harvey Bethea and Clyde Faulkner, and Sponsor, Bill

THURSDAY, FEBRUARY 15, 1968

1589

Probst, have instilled into these youthful players the rudiments of foot ball with sportsmanship and fair play, which they will take with them all through life; and

WHEREAS, the members of this great team are Donald Alter, Jerry Adkins, Michael Adkins, Andy Barnhart, Bob Barnhart, Ernie Bethea, Brett Burke, Jeffrey Burke, Mark Cobb, Chris Elrod, Michael Faulkner, Kelly Harrington, Dwayne Haynes, Steve Johnson, Stuart Johnston, Bobby Kilman, John Kilman, Mike Kilman, Steven McCool, Richard Maddox, Darrell Mitchell, Tim Moore, Christ Reynolds. Spin Spires, Mark Stowers, Mike Stowers, Keith Smith, Mike Thomas, David Thompson, Jimmy Williamson, and Trainer Dean Burke.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby extend its heartiest congratulations to each and every member of the 1967 Smoke Rise Junior League Football Team, to its Head Coach, Doug Stowers, Assistant Coaches and Sponsor.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to send a copy of this Resolution to each member of the football team, to the Coaches and Sponsor.

HR 688. By Mr. Grier of the 132nd:
A RESOLUTION Commending Bishop L. Scott Alien; and for other purposes.
WHEREAS, Bishop L. Scott Alien was elected a Bishop of the Methodist Church on Friday, August 18, 1967, at the Eighth Session of the Conference; and
WHEREAS, the Central Jurisdictional Conference, in what will be its final session before dissolution as the all-Negro jurisdiction of the Methodist Church, elected Bishop Alien on the second ballot; and
WHEREAS, Bishop L. Scott Alien was Editor of the Central Christain Advocate at the time of his election, a position which he had held since 1965; and
WHEREAS, Bishop L. Scott Alien was born in Meridian, Mississippi, on May 4, 1918; he was ordained an Elder in the Atlanta Conference in 1942; and
WHEREAS, Bishop L. Scott Alien received his A.B. from Clark College, his B.D. from Gammon Theological Seminary, his M.A. from Northwestern University and his LL.D. from Bethune-Cookman College; and
WHEREAS, before becoming Editor of the Central Christian Ad vocate Bishop L. Scott Alien was Pastor of George Oliver Church,

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JOURNAL OF THE HOUSE,

Atlanta, for two years; he was Pastor of Grace Church, Covington, for two years; he was Pastor of Mallalieu Church, East Point, for one year; he was Pastor of Asbury Church, Savannah, for six years; he was Pastor at Central Methodist Church, Atlanta, for eight years, and he instructed Philosophy and Religion at Clarke College, Atlanta; and

WHEREAS, he was a delegate to the Jurisdictional Conference in 1956, 1960 and 1964; and to the General Conference in 1956, 1960 and 1964. He is a trustee of Betheune-Cookman College, a member of the N.A.A.C.P. and of the Masons.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby commends Bishop L. Scott Alien for his being elected Bishop of the Methodist Church and for his marvelous accomplishments in his chosen field.

BE IT FURTHER RESOLVED that the clerk of the House is hereby instructed to transmit a copy of this Resolution to iBshop L. Scott Alien.

HR 689. By Messrs. Lowrey, Starnes and Graves of the 13th:
A RESOLUTION
Commending the Honorable William E. (Bill) Johnson; and for other purposes.
WHEREAS, the Honorable William E. (Bill) Johnson has diligently worked for the growth and expansion of the great City of Rome; and
WHEREAS, he continues to give unselfishly of his time and energies in behalf of countless civic and charitable endeavors; and
WHEREAS, the Honorable William E. (Bill) Johnson has appro priately been designated by the Rome Jaycees as Rome's "Outstanding Young Man of the Year" for 1967 and has received that organization's Distinguished Service Award.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body, particularly the Floyd County Delegation, do hereby go on record as commending the Honorable William E. (Bill) Johnson for his outstanding work and wishing him success in his future endeavors.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro priate copy of this Resolution to Honorable William E. (Bill) Johnson.

THURSDAY, FEBRUARY 15, 1968

1591

HR 690. By Mr. Brown of the 34th:

A RESOLUTION

Commending the Honorable W. Tom Fullilove; and for other pur poses.

WHEREAS, the Honorable W. Tom Fullilove recently completed his 42nd year of dedicated and accomplished devotion to the field of agriculture and economic research; and

WHEREAS, the Honorable W. Tom Fullilove has presided over the Georgia Experiment Station, Experiment, Georgia, as Director, for many years, and has been in charge of men with great capabilities and backgrounds: included in his staff are 47 men with Ph.D. degrees, 50 men with Masters degrees in fields related to agriculture and economics, and approximately 20 men with bachelors degrees, all of whom have looked to the Honorable W. Tom Fullilove for guidance and intellectual leadership; and

WHEREAS, due to the Honorable W. Tom Fullilove's capable leadership, the State of Georgia has contributed greatly to the field of agricluture and economic research, and has benefited from the inspira tions of this marvelous man; and

WHEREAS, the Honorable W. Tom Fullilove has recently volun teered to retire from his administrative duties in order to go back to his first love: agriculture and economic research; and

WHEREAS, he will leave the directorship on February 15, 1968.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body hereby commends the Honorable W. Tom Fullilove for his dedicated devotion to his duties and for pro viding Georgia with leadership, as only he could provide in the field of agriculture and economic research.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the Honorable W. Tom Fullilove.

HR 691. By Messrs. Smith of the 44th, Sullivan, Barfield and Bennett of the 95th and others:
A RESOLUTION
Commending Honorable Joseph M. Bowman; and for other pur poses.
WHEREAS, Honorable Joseph M. Bowman of Quitman, Georgia, has recently been appointed by President Lyndon B. Johnson to the

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JOURNAL OF THE HOUSE,

post of Assistant Secretary of the Treasury under Secretary of the Treasury, Henry W. Fowler; and

WHEREAS, he is an Air Force veteran, received his LL.B. Degree from Emory University Law School in 1957 and practiced law in Barnesville, Georgia for several years; and

WHEREAS, he is a career treasury executive and has been instru mental in planning several of the administration's key legislative pro grams; and

WHEREAS, he has been Special Assistant to Secretary of the Treasury, Henry W. Fowler, since 1964 and as Assistant Secretary of the Treasury, he will supervise the Bureau of Customs and the Bureau of Engraving and Printing.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Honorable Joseph M. Bowman is hereby commended for his outstanding record of service and achievement and sincerest congratulations are hereby offered to him for his appointment as Assistant Secretary of the Treasury and best wishes are extended for a long and happy future.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the Honorable Joseph M. Bowman.

HR 692. By Messrs. Dent, Fleming and Maxwell of the 106th and Cheeks of the 104th:

A RESOLUTION

Expressing sympathy at the passing of Honorable Robert E. Blount; and for other purposes.

WHEREAS, Honorable Robert E. Blount recently passed away; and

WHEREAS, he was born in Hancock County, the son of Mrs. Emma K. Blount and the late Mr. Frank Blount; and

WHEREAS, during his early years, he had to struggle against many adverse conditions to receive an education; and
WHEREAS, he received his high school degree and his Bachelor's degree from Paine School and earned his Master's of Arts degree from Atlanta University; and

WHEREAS, he taught school one year at A & I Academy in Han cock County, one year at Tate High School at Tate, Georgia, several years at A. R. Johnson High School in Augusta, Georgia, and he was principal of P. H. Craig Elementary School, Weed Elementary School and the Levi White Elementary School for thirteen years; and

THURSDAY, FEBRUARY 15, 1968

1593

WHEREAS, he served as president of the Richmond County Teachers' Association, director of Region V Georgia Teachers' and Education Association and was president of the Principal's Council of Richmond County; and

WHEREAS, he was very active in many other phases of community life, receiving the Silver Beaver Award for his work in scouting, serv ing on the Silver Beaver Committee until his passing and working with the boys at the Bethlehem Center while a student at Paine College, serving as Basileus for Omega Psi Phi Fraternity and was elected as "Omega Man of the Year"; and

WHEREAS, the Robert E. Blount Playground was established in his honor; and

WHEREAS, he was a devout churchman, a member of Williams Memorial Church since its founding, served in the choir, chairman of the Board of Stewards, superintendent of the Sunday School and Lay Leader of the Georgia Conference of the C. M. E. Church; and

WHEREAS, he rendered outstanding services to the citizens of his community and to the State; and

WHEREAS, he is survived by his widow, Mrs. Robert E. Blount (a teacher at the Lucy Lane High School), a daughter, Jeannene Blount Cooper (a chemist at the University of California), and two sons, Robert E. Blount, Jr. (a member of the faculty of the Fort Valley State College), and Dr. Latimer Blount (Oral Surgeon, the United States Dental Corps).

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest regrets are hereby expressed at the passing of Honorable Richard E. Blount and sympathy is hereby extended to each member of his family.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit an appropriate copy of this Resolution to the family of Honorable Richard E. Blount.

HR 693. By Messrs. Nessmith and Lane of the 64th:

A RESOLUTION

Commending Dr. Zach S. Henderson; and for other purposes.

WHEREAS, Dr. Zach S. Henderson, President of Georgia Southern College, is retiring on June 30, 1968, after a long and distinguished career as an able and dedicated educator; and

WHEREAS, Dr. Henderson has seen Georgia Southern grow from from an enrollment of 724 students in 1927, when he came to the College as Dean, to appresent enrollment of 4,000 students; and

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JOURNAL OP THE HOUSE,

WHEREAS, Dr. Henderson became President of Georgia Southern in 1948, and under his outstanding leadership and guidance, the College
is recognized as one of Georgia's finest institutions of higher learning; and

WHEREAS, Dr. Henderson received his Bachelor's degree from Piedmont College, his Master's from Columbia University, and holds honorary Doctor's degrees from Piedmont and LaGrange Colleges; and

WHEREAS, Dr. Henderson has also served with honor and dis tinction as President of the Georgia Education Association.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that this body does hereby commend Dr. Zach S. Henderson for his many years of dedicated public service as one of Georgia's most outstanding educators.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this resolution to Dr. Zach S. Henderson, President of Georgia Southern College, and to Dr. George L. Simpson, Jr., Chan cellor of the Board of Regents.

HR 694. By Mr. Grier of the 132nd:
A RESOLUTION
Commending Bishop Charles F. Golden; and for other purposes.
WHEREAS, Bishop Charles F. Golden is the Resident Bishop for the Nashville-Carolina area of the Methodist Church; and
WHEREAS, he is Chairman of the Division of Peace and World Order, a member of the Board of Christian Social Concerns of the Methodist Church, Chairman of the Joint Committee of Missionary Personnel, a member of the Methodist Board of Missions and ViceChairman of the American Committee for the Christian Peace Con ference; and
WHEREAS, Bishop Charles F. Golden was Pastor of the Wesley Church of Little Rock, Arkansas, from 1938 to 1942; he was Pro fessor of the Department of Religion and Philosophy, Philander Smith College, Little Rock, Arkansas, from 1938 to 1941; he was Director of the Field Service Department, Negro Work, Methodist Board of Missions from 1947 to 1952; he was Associate Secretary of the Division of Nation al Missions from 1952 to 1956; and he was Director of the Division of National Missions from 1956 to 1960; and
WHEREAS, he received his A. B. degree from Clark College, Atlanta, Georgia, in 1936; he received his B. D. degree from Gammon Theological Seminary, Atlanta, Georgia, in 1937; he received his S.T.M.

THURSDAY, FEBRUARY 15, 1968

1595

degree from Boston University, Boston, Massachusetts in 1938; he per formed graduate study at Boston University from 1946 to 1947; he received his D. D. degree from Gammon Theological Seminary in 1958; he received an LL.D. from West Virginia Weslyan College, Buchanon, West Virginia in 1964; and

WHEREAS, Bishop Charles F. Golden has toured England, Europe, Africa, Asia, the Caribbean, Canada and the U. S. A. in pursuit of his calling; and

WHEREAS, in 1960 the Methodist Church of the Central Juris diction Conference elected Dr. Charles F. Golden Bishop of the Methodist Church and he has served his Church and Nation well.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body hereby commends Bishop Charles F. Golden on his superb accomplishments in his chosen field.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to transmit a copy of this Resolu tion to Bishop Charles F. Golden.

HR 695. By Messrs. Laite of the 109th and Jordan of the 82nd:
A RESOLUTION
Expressing regrets at the passing of Ralph W. Griffin; and for other purposes.
WHEREAS, recently the Honorable Ralph W. Griffin passed away; and
WHEREAS, during the long and eventful life of Ralph W. Griffin, a resident of Douglas Georgia, he provided an inspiration to his com munity and State through his many contributions to the civic, religious, economic and political life of his county and State; and
WHEREAS, the many outstanding contributions made by this distinguished and outstanding citizen of the State of Georgia will be sorely missed by his untimely passing.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest and sincerest regrets at the passing of one of this State's most outstand ing and distinguished citizens, the Honorable Ralph W. Griffin.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an ap propriate copy of this Resolution to the family of the late Ralph W. Griffin.

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JOURNAL OF THE HOUSE,

HR 696. By Mr. Grier of the 132nd: A RESOLUTION
Commending Dr. B. J. Johnson, Sr.; and for other purposes.

WHEREAS, Dr. B. J. Johnson, Sr., Pastor of the Greater Mount Calvary Baptist Church in Atlanta, has earned his church a place in the History of Atlanta. Because of Dr. B. J. Johnson, Sr., the Church was the first Baptist Church to build an educational building (at a cost of $40,000) ; Atlanta's first Negro policemen were installed at the Church; and the Church was the first to install a Golden Age Club; and
WHEREAS, when Negroes won the right to vote in the Primary in 1945, Dr. B. J. Johnson, Sr. led more than 600 persons to the Fulton County Courthouse to apply for voter registration; and

WHEREAS, Dr. B. J. Johnson, Sr. is a member of Phi Beta Sigma fraternity, the Masonic Order, the Young Men's Christian Association and the N.A.A.C.P., and he is the Statistician of the National Baptist Convention, a member of the Board of Directors of the Southern Leader ship Conference, and active in other areas of civic and political work; and

WHEREAS, Dr. B. J. Johnson, Sr. received his early education in the public schools of Atlanta; he received his bachelor's degree from Morehouse College and his B. D. degree from the School of Religion, Selma University; and

WHEREAS, Dr. B. J. Johnson, Sr. is the son of the late Rev. B. J. Johnson and Mrs. Emma Johnson Clark, and he was married to the late Mrs. Bernice Dorsey Johnson.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body commends Dr. B. J. Johnson, Sr. on his marvelous accomplishments with the Greater Mount Calvary Baptist Church and for his outstanding contribution to society as a minister and leader.

BE IT FURTHER RESOLVED that the Clerk of the House is instructed to transmit a copy of this Resolution to Dr. B. J. Johnson, Sr.

HR 697. By Messrs. Smith of the 54th, Hale of the 1st, McClatchey of the 138th and Alexander of the 133rd:
A RESOLUTION
Expressing regrets at the passing of Mr. James L. Cook; and for other purposes.

THURSDAY, FEBRUARY 15, 1968

1597

WHEREAS, Mr. James L. Cook of Atlanta (the father of Rep resentative Rodney M. Cook) passed away on February 11, 1968; and

WHEREAS, Mr. Cook was a native of Kentucky but had lived in Decatur and Atlanta since 1911; and

WHEREAS, he was active in the business, civic and religious life of his community and city; and

WHEREAS, in addition to Representative Cook, he is survived by his widow, the former Bess Minis, a sister, Mrs. Annie Sewell, and three grandchildren, all of Atlanta; and

WHEREAS, his passing is a great loss to his county and his State.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body hereby expresses sincerest regrets at the passing of Mr. James L. Cook, and the members of this body here by extend their deepest sympathy to Representative Rodney M. Cook and the other members of Mr. Cook's family.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Representative Cook.

HR 698. By Mr. Floyd of the 7th:
A RESOLUTION
Commending Honorable Pete Wheeler, Director, Georgia Depart ment of Veterans Service, for originating the idea of one-stop counsel ing centers for veterans and their dependents; and for other purposes.
WHEREAS, in 1965, Honorable Pete Wheeler, Director, Georgia Department of Veterans Service, originated the idea of one-stop counsel ing centers for veterans and their dependents, with the first such pro gram being conducted in Columbus in January, 1966, and during this one-day program, more than 5,000 veterans and their dependents made inquiries during the nine-hour period and over 4,000 claims were actually filed on that day; and
WHEREAS, these programs bring together all the governmental agencies, both State and Federal, having any relation, either directly or indirectly, with the problems of veterans and their dependents; and
WHEREAS, other programs sponsored by the Georgia Department of Veterans Service have been conducted successfully in Georgia with observers from other state governments and the United States Govern ment; and

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JOURNAL OF THE HOUSE,

WHEREAS, these programs proved to be so successful that Presi dent Johnson, in a special message to Congress on January 30, 1968, stated he was directing the Veterans Administration to open Veterans Assistance Centers in ten major American cities, which Centers will be patterned after the one-day, one-stop counseling program originated by Director Wheeler with the exception that these Centers will be open on an everyday basis; and

WHEREAS, it is only fitting and proper that the originator of this outstanding service program for veterans be recognized by his own State.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest congratulations are hereby ex tended to Honorable Pete Wheeler, Director, Georgia Department of Veterans Service, for originating the idea of one-stop counseling serv ice for veterans and their dependents, and he is hereby commended not only for this program but for his outstanding endeavors and efforts in assisting veterans in all areas.

BE IT FURTHER RESOLVED that the Clerk of the House is here by instructed to transmit a copy of this Resolution to Honorable Pete Wheeler.

HR 699. By Messrs. Starnes, Lowrey and Graves of the 13th:
A RESOLUTION
Commending Honorable Robert Redden; and for other purposes.
WHEREAS, Mr. Robert Redden, a distinguished citizen of Floyd County, has devoted many years to drawing scenic and historical pen and ink pictures; and
WHEREAS, through pen and ink he has captured the wonder and beauty of the northwest Georgia countryside; and
WHEREAS, he has preserved through his art the nostalgia of its buildings, bridges, mills and all of its other picturesque structures which abound in these foothills; and
WHEREAS, his work has long been admired by those who have been his neighbors and privileged to view his work; and
WHEREAS, highly prized works of art have recently been made available to the public through the publication of his first portfolio; and
WHEREAS, this has resulted in his receiving great statewide ac claim ; and

THURSDAY, FEBRUARY 15, 1968

1599

WHEREAS, it is the desire of the members of this body to recogn ize the talented work of this outstanding Georgian.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Honorable Robert Redden for the fine work he is doing to preserve the historical and scenic attractions of northwest Georgia through his pen and ink drawings and the members of this body extend their best wishes for continued success.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an ap propriate copy of this Resolution to the Honorable Robert Redden.

SR 173. By Senators Spinks of the 9th, Cox of the 21st, Kidd of the 25th and others:
A RESOLUTION
Urging the State Highway Department to place certain signs on the highways of this State which are a part of the National System of Interstate and Defense Highways; and for other purposes.
WHEREAS, it has been brought to the attention of the members of the Senate Promotion of Tourism Study Committee that it would be a great convenience to the citizens of our State and to visitors to our State if the Interstate Highways were clearly marked to indicate the locations of major cities; and
WHEREAS, it has also been brought to the attention of the mem bers of said Committee that it would be a great convenience to the citizens of our State and to visitors to our State if a system were de vised and implemented to number all exists from the system of Inter state Highways located within this State; and
WHEREAS, said Committee has heard testimony to the effect that the implementation of these proposals would contribute to the promotion of tourism in our State.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Highway Department is hereby urged to place signs on all highways of this State which are a part of the National System of Interstate and Defense Highways to clearly indicate the location of all major cities of this State.
BE IT FURTHER RESOLVED that the State Highway Depart ment is hereby requested to devise a system of numbering the exits from the highways of this State which are a part of said National System of Interstate and Defense Highways, whereby said numbering system would originate from the capitol City of Atlanta, and number all exits on all said Interstate Highways located within this State with no two exits having the same number.

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JOURNAL OF THE HOUSE,

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit an appropriate copy of this resolution to Honorable James L. Gillis, Sr., Director of the State High way Department of Georgia.

Mr. Floyd of the 7th, Chairman of the Committee on Appropriations sub mitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the follow ing Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 960.

Do Pass by Substitute.

Respectfully submitted, Floyd of the 7th Chairman.

The following report of the Committee on Rules was read and adopted:
The Rules Committee met today and amended the Rules Calendar for today by adding House Bill No. 960.
This the 15th day of February, 1968.
Busbee of the 79th Vice-Chairman

Under the general order of business established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:

HB 960. By Messrs. Murphy of the 26th, Caldwell of the 51st, Lane of the 64th and Paris of the 23rd:
A BILL
To be entitled An Act to amend an Act providing appropriations for the fiscal years 1967-68 and 1968-69, generally known as the Gen eral Appropriations Act, approved March 17, 1967 (Ga. Laws 1967, p. 41), so as to change the appropriations and provisions relative to the fiscal year 1968-69; to repeal conflicting laws; and for other purposes.

THURSDAY, FEBRUARY 15, 1968

1601

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act providing appropriations for the fiscal year 1967-68 and 1968-69, generally known as the General Appropriations Act, approved March 17, 1967 (Ga. Laws 1967, p. 41), is hereby amended by striking the appropriations and other provisions relative to the fiscal year 1968-69 and inserting the following new provisions which shall be the appropriations for said year and which shall be applicable only to the fiscal year 1968-69. It is not the intention of this Act in any way to change the provisions of the aforesaid 1967 Act relative to the fiscal year 1967-68.

PART I

LEGISLATIVE BRANCH

Section 1. Legislative Branch.

For compensation, expenses, mileage allowances, travel and benefits for members of the General Assem bly, and for the officials, employees, and committees of the General Assembly, and each branch thereof; for cost of operating the Office of Lieutenant Governor and Speaker of the House of Representatives; for member ship in the Council of State Governments, National Con ference of Commissioners on Uniform State Laws, Na tional Conference of Legislative Leaders and Marine Fisheries Compact; for equipment, supplies, repairs, printing and other incidental expenses for the legislative branch; for the necessary cost of renovating and repair ing the housing and other facilities for the legislative branch; for cost of compiling, publishing and distribut ing the Acts and Journals of the General Assembly, and the annual report of the State Auditor to the Gen eral Assembly; for election blanks and any other election expense, including publishing constitutional amendments; for all costs of Georgia Official and Statistical Register as provided by resolution; and for cost of Legislative Services Committee and the Office of Legislative Counsel as authorized by law.

1968-69 ____._.---__--__-__.._._........._..__..._....._$ 3,200,000.00

PART II JUDICIAL BRANCH

Section 2. Supreme Court.

For the cost of operating the Supreme Court of the State of Georgia, including salaries of justices and the employees of the Court, their retirement contributions

1602

JOURNAL OP THE HOUSE,

and three Emeritus positions. Provided, however, that that listed appropriation shall be increased by the amount of $12,000.00 per annum for each additional Emeritus position established during the fiscal year. Provided, however, that the sum of $7,500.00 shall be allocated for the payment of attorneys' fees and legal expenses for indigent defendants in criminal cases on appeal as pro vided in Georgia Laws 1953, Nov.-Dec. Sess., pp. 478479.

1968-69 ---__---._---___,,___-,,-$ 540,165.00

Section 3. Court of Appeals.

For the cost of operating the State Court of Appeals including salaries and retirement contributions of judges and employees of the Court, and for the Emeritus Judges of the Court. Provided, however, that the listed appropria tion shall be increased by the amount of $12,000.00 per annum for each additional Emeritus position established during the fiscal year.

1968-69 -_,,-_____-__-,,_._.____.___-__-___.,,_...-.___._.._..$ 634,000.00

Section 4. Superior Courts.

For the cost of operating the Superior Courts of the State of Georgia, including such contingent expense al lowances authorized by law, the payment of mileage as authorized by law, and such other expenses as may be authorized by law. Provided, however, that the listed ap propriation shall be increased by the amount of $13,334.00 per annum for each additional Judge Emeritus position established during the fiscal year, and by $6,000.00 per annum for each additional Solicitors General Emeritus position established during the fiscal year.
1968-69 _.-----____--____-___________--_.______._____$ 2,272,000.00
Provided, further, that the listed appropriation shall be increased by the amount of $27,000.00 per annum for each Judgeship created by law during the 1968 session of the General Assembly.
Section 5. For the cost of printing and distributing the reports of the Supreme Court and Court of Ap peals.
1968-69 ____,,____--__--.__,,__-__________.___--_____,,$ 35,000.00

THURSDAY, FEBRUARY 15, 1968

1603

PART III EXECUTIVE BRANCH GENERAL GOVERNMENT

Section 6. Commission on Aging. 1968-69 .______._._.__.,,__$

44,000.00

Section 7. Art Commission, Georgia.

1968-69

--,,-_.._____._______,,___-$

87,600.00

Provided that of the amount appropriated for 196869, the amount of $39,000.00 shall be matched by $39,000.00 agency funds and expended for the purpose of cul tural projects.

Section 8. Audits, Department of. 1968-69 ,,...-_._____,,.__...-....__.____._-.__-.-._._..-._.....-..-_...__.$

780,000.00

Section 9. Banking, Department of. 1968-69 _______-__.,,______...__.____...__.....___.--$

547,100.00

Section 10. Capitol Square Improvement Commit tee.

A. Operating Costs.

1968-69 -______._......._.._.__..._.____.__.___.___________$ 150,000.00

B. Capital Outlay--Authority Lease Rentals, An nual Lease payments to State Office Building Authority under existing leases for Judicial, Agricultural, Health and other State Office Buildings and Facilities.

1968-69 --_--.--__........__.._...___......_.....____....$ 3,112,752.87

Section 11. Comptroller General.

For the cost of operating the Office of the Comptrol ler General, Insurance Commissioner, Fire Inspection Division, Building Safety Council, Insurance Rate Divi sion, Industrial Loan Commissioner, and the Liquified Petroleum Safety Act.

1968-69 .._.____....____.____........_._._-__..__.._.__.._.._,,..$ 1,367,400.00

Section 12. Executive Department.
A. For the cost of operating the Executive Depart ment, including the cost and maintenance expense for the

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JOURNAL OF THE HOUSE,

Executive automobile, transportation cost and communi cation expense at the Mansion; and for contingent ex penses of the Department, such as rewards, dues to the Governors' Conferences, and special committee expenses.

1968-69 .__..--------.___________..._______________$ 496,000.00

B. For the Governor's Mansion allowance. 1968-69 _________________________________-________$
C. Coordinator of Highway Safety. 1968-69 ____________...___._________________.$

25,000.00 46,000.00

D. Planning and Programming Bureau. (a) General operating cost _____________________$
(b) Grants to Area Planning and Development Com missions _-__-_____.____,,_-___--,,_--_____.___________$

804,168.00 823,200.00

Section 13. Budget Bureau. 1968-69 .__.___...____.__--_._________..__-$

270,000.00

Section 14. Georgia Historical Commission. 1968-69 ___________--_________________-_-_____.$ 392,000.00
Section 15. Industry and Trade, Department of. A. General Operating Costs. 1968-69 -_______________________.--------.--------$ 2,406,300.00

B. Capital Outlay--Metropolitan Atlanta Rapid Transit--to be expended under contract with the Metro politan Atlanta Rapid Transit Authority.
1968-69 ----------------------------_--------.-___$

250,000.00

C. Capital Outlay--Authority Lease Rentals--An nual Lease payments to Georgia Ports Authority.
1968-69 ________________------_-_--------______$ 2,130,000.00

Provided that from the above appropriated amounts $625,000.00 in 1968-69 is designated and committed to pay rentals to said Authority to permit the issuance of bonds to finance new projects.

THURSDAY, FEBRUARY 15, 1968

1605

Section 16. Labor, Department of.

A. For the cost of operating the Commissioner's office and Factory Inspection Division.
1968-69 -- ..----.----__-------------------$

: 308,400.00

B. For that part of cost of operations of Employment Security Agency as authorized by Act approved March 8, 1945.

1968-69 ---__-----------,,,------------------------$ 85,000.00

Section 17. Law, Department of.

For the cost of operating the Department of Law, provided that the compensation of all Assistant Attorneys General, Deputy Assistant Attorneys General, all law clerks, stenographic help, necessary to carry on the legal duties of the State, required of the Department of Law, or any agency of the State in the executive Branch of the State Government, shall be paid from this fund. No other agency is authorized to expend funds appropriated or otherwise available from any source for the support and maintenance of the respective agency for the purposes for which provision is made in this item, unless the pay ment is for reimbursement to the Department of Law by the State Highway Department for expenses incurred for legal services by any Assistant Attorneys General or Deputy Assistant Attorneys General assigned by the At torney General of Georgia to perform specific items of legal work in connection with the acquisition of rights-ofway on the State road system, or unless the payment is made from funds appropriated to the Executive Depart ment for the payment of salaries and expenses of the two Assistant Attorneys General or Deputy Assistant Attor neys General authorized to be appointed by the Governor.

1968-69 -----____._---,,-__----.__.-----.._-$ 783,900.00

Section 18. Library, State. 1968-69 _-__._------

-$ 116,750.00

Section 19. Literature Commission, State. 1968-69 ----,-__-_-__------_-__.

-$ 20,000.00

Section 20. Pharmacy Board. For cost of operating the office of Chief Drug Inspector.

1968-69

--__.$

120,700.00

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JOURNAL OF THE HOUSE,

Section 21. Public Defense, Department of.

For the cost of operating the Military Division, aid to military organizations and the cost of operating the Civil Defense Division, and the Office of Emergency Planning.
1968-69 _,,,,_,,____,,_-__--..___..,,,,,,.______.___$ 1,014,200.00

Section 22. Public Safety, Department of. 1968-69 ____-_-_--_--_-_-__.____,,__

..$ 11,431,283.00

Provided, however, that the Director of the Depart ment of Public Safety is hereby authorized to pay dues for Georgia's portion of the cost of membership in the Vehicle Equipment Safety Compact, the American Association of Motor Vehicle Administrators, and the International Association of Chiefs of Police (State and Provincial Police).

Section 23. Public Service Commission.

For the cost of operating the Utilities Division and the Motor Carrier Division of the Public Service Com mission.
1968-69 _,,.___________---__---_--_______--___-_______.$

647,500.00

Section 24. Purchases, Supervisor of. 1968-69 .__... -__-_--- _,,__.__.

_$ 433,800.00

Section 25. Recreation Commission. 1968-69 --.,,--____--__---_--_--_-

..$ 104,000.00

Section 26. Revenue, Department of.

A. For cost of operating the Department of Revenue. 1968-69 _--_-_-------------------------? 12,584,800.00

B. Grants to counties--Tax Reevaluation. For grants to counties in accordance with rules and regula tions set up by the Commissioner of Revenue for assisting counties in financing tax reevaluation studies.
1968-69 __-__--------__..--____-..______._.__.-...-_._...,,_......$

75,000.00

C. Loans to counties--Tax reevaluation. There is hereby appropriated for the fiscal year covered by this Act the amount of such repayments of county tax evalua tion loans as may be made by such counties during the fiscal year in such amount and for the same purpose as

THURSDAY, FEBRUARY 15, 1968

originally appropriated, but not to exceed $400,000.00 in the fiscal year. Such amount shall be available for further tax evaluation loans to counties.

Section 27. Science and Technology Commission. 1968-69 ____.__. ... __.__._. .... ..__._$

Section 28. Secretary of State.

A. Combined Divisions. For the cost of operating the office of Secretary of State, and all other programs ad ministered through such office.
1968-69 ...----_----.--__--_-_._-__.-..-.-_-__.-____..$

B. Examining Boards.

1968-69 ________

..$

1607 89,137.00 702,300.00 754,100.00

C. Archives and Records. For the cost of operations of archives and history, microfilming and housing records, and the State Museum, including lease rental payments to the State Office Building Authority for the State Ar chives Building in the amount of $815,000.00 per an num.
1968-69 ______ _______ _________________....__$ 1,377,600.00

D. Buildings and Grounds. For the cost of operating the State Capitol Building and grounds, the maintenance of Confederate cemeteries, the repairs, furnishings, equip ment, light, power, water and upkeep of grounds at the Mansion and for insurance on public property not other wise provided for.
1968-69 _______-__-___,,________-...$

436,100.00

E. Special Repairs. Capitol Building, Mansion and Legislative Chambers, Rooms, Offices and Facilities.

1968-69

---_---_-__---_$

100,000.00

F. Executive Center. For operation of Executive Center.
1968-69 __--__--_-___-_____-____________$

60,000.00

Section 29. State Properties Control Commission.

For the cost of operating State Properties Control Commission.
1968-69 ._.-----,,-___--__ ,,_.._$

50,000.00

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JOURNAL OF THE HOUSE,

Section 30. Treasury, State.

For operation of State Treasury, including Bond Commissioner.
1968-69 -___----------------_--------_------__$

139,500.00

Section 31. Veterans Service.

A. For the cost of operating the Department of Veterans Service.
1968-69 _-_._._.__...__......_____......__..._$ 1,108,700.00

B. For the cost of operating the Veterans Service Board, War Veterans Home, and Veterans Nursing Home.
1968-69 ------------,,.-- .___.--------_--------__..$ 1,044,800.00

C. For the cost of pensions to Confederate Widows. 1968-69 ------------_.----__.._..__._____...$

72,190.00

Section 32. Workmen's Compensation, State Board of.

For the cost of operating the State Board of Work men's Compensation.
1968-69 _._._.___..____.___.......__........___.__..$

661,300.00

AGRICULTURE AND CONSERVATION

Section 33. Agriculture, Department of.

A. For the operation of all activities of the Depart ment including the operation of Farmers' Markets.
1968-69 _-__-_-_..._-----__..._._.__.__._$ 7,856,200.00

B. Capital Outlay--Authority Lease Rentals--An nual Lease payments to Georgia Farmers' Market Au thority.
1968-69 ----_---___._-----___-_____---$

855,000.00

C. Central State Hospital Farm. For cost of operat
ing Central State Hospital Farm. 1968-69 _--_---_-__.--.._----.--------__--------.$

307,600.00

Section 34. Conservation.
A. Forestry Commission. 1968-69 ____---._______------------__.___-$ 4,925,500.00

THURSDAY, FEBRUARY 15, 1968

1609

B. Forest Research Council. 1968-69 __....___.____._.._...__.____...._......_.$ 384,300.00

C. Game and Fish Commission. 1968-69 ._._._..._....._._._..__._.._.______._.._._...____$ 3,127,400.00

D. Jekyll Island Committee. 1968-69 __._...__..._.....__._.__.._____..___._.___..._____$ 430,000.00

E. Mineral Leasing Commission. 1968-69 ____..__._.._..._....._...._...__.._-...___....___$

5,000.00

F. Department of Mines, Mining and Geology, in cluding Oil and Gas Commission.

(a) Regular Operation. 1968-69 ___-.._._-_.__.._-__.____.____.___.$ 352,300.00

(b) South Georgia Minerals Exploration and Re search.
1968-69 ____...._.....____....._..__.___..__...__$

228,500.00

G. Department of Parks.
(a) For general operation and development of State Parks.
1968-69 ,,..._._.._.___......_..__.___.._._,,__._..$ 1,594,700.00
Provided, however, that $20,000.00 of the above amount shall be allocated for expenses of the State Coun cil for the Preservation of Natural Areas.

(b) Capital Outlay--Authority Lease Rentals--An nual Lease Payments to Jekyll Island State Park Au thority.
1968-69 _._._...._._.....____.._...._._._...__.._$

1,266,000.00

Provided, that from the above appropriated amount, $250,000.00 in 1968-69 is designated and committed to pay rentals to said Authority to permit the issuance of bonds to finance new projects.

(c) Capital Outlay--Authority Lease Rentals--An nual Lease Payments to Stone Mountain Memorial As sociation.
1968-69-___--__-.-______--__-___....-....$ 1,050,000.00

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JOURNAL OF THE HOUSE,

H. Soil and Water Conservation Committee.

For the cost of operating the State Soil and Water Conservation Committee.
1968-69 -..._____..__.........__....__.....-_,,,,_____...,,___........._..._$

400,000.00

I. Stone Mountain Memorial Committee.

For operating costs including costs of improvements by convict labor.

1968-69

____._.___,,,,___,,_____--$

250,000.00

J. Ocean Science Center of the Atlantic. 1968-69 ........._......._...__-___.-.-.____.-..._,,..-......._._.._....-...,,_-_.$ 1,075,000.00

K. Department of State Parks--For contract with Lake Lanier Island Development Authority.
1968-69 .-.....__....._..____..-....-........,,._...._......-_.__......______....$

210,000.00

L. North Georgia Mountains Commission. 1968-69 __.___._______.__._____-_.____,,_,,_._$

200,000.00

CORRECTIONS

Section 35. Corrections, State Board of.

A. For the administrative expenses of the State Board of Corrections, including the cost of operation of the State Prison System.
1968-69 --____________-________________-____---____,,___. .._,____---.$ 10,942,400.00

Provided, that no funds appropriated in this section or otherwise available, shall be used to pay a salary in excess of the Director's salary, except salaries for phy sicians.

B. Capital Outlay--Authority Lease Rentals--An nual Lease Payments to State Penal and Rehabilitation Authority.
1968-69 ,,....___..........___.,,_.......-_.______-....-....__-_-..._----...$ 1,180,000.00

Provided, that from the above appropriated amount, $530,000.00 in 1968-69 is designated and committed to pay rentals to said Authority to permit the issuance of bonds to finance projects at Butts County and for four
new prison branches.

THURSDAY, FEBRUARY 15, 1968

1611

Section 36. Pardons and Paroles, State Board of. 1968-69 _________,,___,,__.__.______.___.__---$ 977,100.00

Section 37. Probation, State Board of.

For the cost of operating the statewide Probation Sys tem, administered by the State Board of Probation.
1968-69 _...___.....-_.....____-__...-_...._.--...--..-._...-,,....-,,_.,,_.-.$ 1,345,800.00

EDUCATION

Section 38. State Board of Education--Department of Education.
A. For matching vocational rehabilitation funds in cooperation with the Federal Government; for operation of vocational trade schools; for operation of public and rural library programs; for operation of School for the Deaf and Academy for the Blind; for programs for exceptional children; for grants in aid to the public com mon schools, under provisions of law; for free textbooks for children attending public common schools; for the salaries of county school superintendents; for the oper ating costs of the Department; for educational grants, including the grants to teachers for scholarships as pro vided by law; and for any other expense authorized by law, payable from the common school funds.
1968-69 ..__......_.__.....__..-__..........___..-._........___._..._._.............$331,263,365.00

Provided, that none of the funds appropriated above may be used to initiate or commence any new program or project that would require operating funds or capital outlay funds beyond the present biennium, unless such program or project has been specifically authorized by the General Assembly.

Provided, however, that in those new program areas where federal funds are accepted by the State Board of Education under Code Section 32-413, the Budget Bureau shall reduce the appropriation for any item or part there of which can be financed with federal funds in lieu of State funds under the terms of the federal act, except for funds necessary to match such federal grants. Nothing in this section shall be interpreted in such a way as to reduce eligibility of the State for federal funds or to authorize reduction of the State appropriation for which commitments have already been made to local sys tems.

Funds appropriated for Section 12 of MFPE Act. No. 523 shall be paid for salaries of certificated professional

1612

JOURNAL OF THE HOUSE,

personnel serving as principals, instructional supervi sors, visiting teachers, librarians, guidance counselors, and other certificated professional personnel.

Provided, however, should funds allocated in the Bud get Report for Sections 11 and 20, Salaries, for the 39,629 teachers prove insufficient in 1968-69, that the Dir ector of the Budget is authorized to transfer funds from Section 12 to Sections 11 and 20.

The salary index value of 100 referred to in Section 9 of the Minimum Foundation Program of Education Act shall be a minimum of $5,200.00 as of September 1, 1968.

B. Capital Outlay--Authority Lease Rentals. 1968-69 _...____________.___.-._.__....-.____.-______-._....._....._._.$ 28,351,000.00

For Capital Outlay purposes, including Lease Rentals obligations of the State Board of Education, Department of Education to State School Building Authority in ac cordance with Lease Rental Contracts; provided that from the above appropriated amount, $750,000.00 in 1968-69 is designated and committed for additional Capital Outlay purposes, including Lease Rentals to said Authority to permit the issuance of bonds to finance new projects.

Section 39. Educational Improvement Council. 1968-69 _______________ -_-- __--____,,___.-_--_-$ 103,000.00

Section 40. Higher Education Assistance Commit tee.
1968-69 ---____________.--...----------_-.------$

958,500.00

Section 41. Medical Education Board.

For cost of operation of the State Medical Education Board, including the payment of medical scholarships as authorized by provisions of the Georgia State Constitution.
1968-69 _.______..__...__.__.___..._____.__.$

191,768.00

Section 42. State Board of Regents.

A. The general cost of operation of the Board; for aid to the University System; for annual payment of $8,000.00 to the University of Georgia for old stock items; for scholarships authorized by law $200,000.00; for the support of research and for the cost of use and/or ac quiring additions to plant and equipment for the Univer sity System.
1968-69 -..___.__-____-.---_......____-___$114,738,000.00

THURSDAY, FEBRUARY 15, 1968

1613

Provided that the above appropriations shall be in addition to the funds realized by the respective units in each fiscal year from the Federal Government, donations, gifts, earnings from fees, rents, sales and any other source of income, and provided that from the above appropria tion, the amount of $15,516,000.00 in 1968-69 is designated and committed to guarantee payment of lease rental con tracts as a first charge on such funds. Provided that from said appropriation for lease rental, the amount of $1,000,000.00 in 1968-69 is designated and committed to pay ren tals to the University System Building Authority to permit the issuance of new bonds to finance new projects. Provided none of the funds herein provided as capital out lay authority lease rental shall be available for the purchase of any books whatsoever. Provided that the State Board of Regents shall, within the first 30 days of each fiscal year, make an apportionment of funds to the various units of the University System from all funds available in the amounts necessary in each fiscal year to pay the annual lease contract commitments for the acquisition of property as provided for in the provision of the State Constitution, and shall, second, apportion the remaining funds available to the various units to cover cost incident to the operation and development of of the University System. The State Board of Regents shall immediately report the same to the State Budget Authorities for approval, whose approval shall be evi denced in writing.
No part of this appropriation, nor any funds realized by the State Board of Regents of the University System, or any school or college from the Federal Government, or from donations, gifts, earnings, fees, rents, sales or other sources of income shall be available for use or ex penditure until made available by a written order of the State Budget Authorities. Provided that funds from donations, gifts, earnings, fees, and for any other source of income shall be available to support further lease rental agreements for dormitories and other school buildings, with the approval of the Budget Bureau. Such further contracts may be entered into not to exceed $750,000.00 per annum.
B. Eugene Talmadge Memorial Hospital--State Board of Regents.
1968-69 -______-_- -- ,,_.-__-_~~_-_~~~--__--$ 5,721,000.00
Section 43. State Scholarship Commission.
1968-69 ..._......__..._,,-..-_...__-_.-.__._-._.____._.-_.--._...__-...$ 829,000.00
Section 44. Teachers' Retirement System.
For the State's contribution to the Teachers' Retire ment Fund, including the cost of administration.
1968-69 _...._._.___.._.....____.-._._._._..__.._.---...._.._.$ 32,013,583.00

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HEALTH AND WELFARE

Section 45. Public Welfare, Department of Family and Children Services.

A. For the cost of operation of the State Welfare Programs.
1968-69 .--__-..-......__-__.-......,,_.___.......-..-_,,____._.,,...._-___....$ 2,907,000.00

B. Benefits--Adult Programs for matching federal funds to provide benefits to the aged, the blind, and the totally and permanently disabled.
1968-69 __,,.__.._.....,,.________........________.__.._..____.,,..____..-.,,--._.$ 16,303,893.00

C. Benefits--AFDC Program. For matching federal funds to provide benefits to families with dependent children.
1968-69 ---.._...,,___.-...-_,,-..._..__-...._..,,....,,...___._..__......_-..$ 7,165,600.00

D. Benefits--Division for Children and Youth. For other children and youth care as authorized by law.
1968-69 ..--._-._-_._.-_-_.-_-._-...._....._-..._.._...___..._,,._.$ 1,666,000.00

Provided, however, that in the event a surplus is anticipated in any of the above Benefit appropriations, by the State Budget Bureau, and there exists a need for the use of such surplus in either of the other two Bene fits appropriations, the State Budget Bureau shall have authority to make such transfer, subject to approval by the Fiscal Affairs Subcommittees of the House and Senate.

E. Grants to Counties for administration and serv ices. For the cost of participating with the Federal Government and counties in the administration of local welfare programs.
1968-69 --.._--_._----_--._._--_____.$

7,158,100.00

F. Institutions. For the cost of operation of the institutions under the administration of the Department of Family and Children Services, and for grants to countyowned detention centers.
1968-69 -_-------- ---- ------$ 5,018,900.00

Section 46. Public Health, Department of.

A. Alcoholic Rehabilitation Service. For the cost of conducting the Alcoholic Rehabilitation Program.
1968-69 ...__..._.----_._-.-__.___.--.-....-.__-.__._.,,.._...$

580,580.00

THURSDAY, FEBRUARY 15, 1968

1615

B. Atlanta, Augusta and Savannah Regional Hospi tals. For the cost of developing and operating these insti tutions including pre-admission and post-discharge serv ices.
1968-69 .-..__._.-..___._-__.......__.-_...._____....._..___........__....? 1,542,193.00

C. Capital Outlay--Authority Lease Rentals--An nual lease payments to State Hospital Authority.
1968-69 .-......,,...,,_...___............_.__....._...._..._....____.___....__..$ 4,125,000.00

Provided that from the above appropriated amount, $600,000.00 is designated and committed to pay rentals to said Authority to permit the issuance of bonds to finance new projects.

D. Battey State Hospital. For the cost of operating the Battey State Hospital, including pre-admission and post-discharge services.
1968-69 _.,,.,,_....._....-__-.-.__.,,_,,...._..___..-.._...__..._.,,.._..___....$ 3,329,000.00

E. Central State Hospital. For the cost of operating the Central State Hospital, including pre-admission and post-discharge services.
1968-69 _....._....__-_._..__.,,_..._,,.-____,,._,,...._._.,,..-__..$ 27,381,000.00

F. Georgia Retardation Center. For the cost of deve loping and operating the Georgia Retardation Center, in cluding pre-admission and post-discharge services.
1968-69 ..-.....__...._._..__...____,,__.....,,___...._..___._.._.__,,-.-....$

870,750.00

G. Gracewood State School and Hospital. For the cost of operating the Graeewood State School and Hospi tal, including pre-admission and post-discharge services.
1968-69 _....._....._....,,._......._....._.,,__..,,.__....._...,,__..___.$

7,406,332.00

H. Medical Assistance Program. For the cost of operating the Medical Assistance Program.
1968-69 -_..__._...___..__.....-....-_..-.._.__-.,,_-..-_..._....____..-.,,-_____-$ 11,763,805.00

Provided, however, that payments to providers of nursing home care under this section may be modified to conform with program requirements issued by the United States Department of Health, Education and Wel fare, subject to prior approval by the Director of the Budget.

I. Medical Facilities Construction. For aid to local government subdivisions in establishing, constructing and equipping health facilities to be administered and ex-

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pended in the same manner as other public health funds, and in accordance with the provisions of the Hill-Burton Act, as amended, and the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963 of the United States Congress, and the rules and regulations of the State Board of Health.

1968-69

----_-------__.__---__-$ 1,000,000.00

J. Georgia Mental Health Institute. For the cost of operating the Georgia Mental Institute, including pre admission and post-discharge services.
1968-69 ______________.___...__.-_.________..$ 3,635,000.00

K. Regular Operations. For the cost of operating the Department of Public Health, grants to counties for pub lic health programs, services for crippled children, and mental health programs.
1968-69 ......___.__.._.,,_,,_.-_.-.-..-....-.-...__..-.,,-.._-_._._.-....$ 13,339,508.00

Provided that of the above amount, $100,000.00 from operating expenses will be used for day care centers for the mentally retarded.

L. Southwestern State Hospital. For the cost of operating the Southwestern State Hospital, including pre-admission and post-discharge services.
1968-69 --_.______--_-__---_--__--_....._....._...._.....$ 3,984,500.00

M. Water Quality Control Division. For the cost of conducting the programs of the State Water Quality Con trol Board.
1968-69 __...._._.-.-.-..._...._._...._......_....._.-...._.__._____$

313,600.00

Provided that for the purpose of receiving Federal matching funds under Title XIX of the Social Security Act, each institution listed in this section shall have au thority to transfer funds to the Medical Assistance Pro gram, such funds to be matched at the prevailing rate with Federal funds and the aggregate amounts remitted to the transferor institution in payment for services to
eligible recipients.

HIGHWAYS

Section 47. Highway Department.

Appropriation of all funds in this section is to be in conformity with and pursuant to Article VII, Section IX, Paragraph IV, of the State Constitution, and shall be in an amount equal to all money derived from motor fuel

THURSDAY, FEBRUARY 15, 1968

1617

taxes received by the State Treasurer in each of the im mediately preceding years, less the amount of refunds, rebate and collection costs authorized by law. The fiscal officers of the State are hereby directed to, as of July 1 of each fiscal year, determine the net collection of motor fuel tax received by the State Treasurer in the immediate ly preceding fiscal year and enter the full amount so determined on the records of the State as being the ap propriation payable in lieu of the amount appropriated herein.

A. General Operations--For general administrative cost of operating the Highway Department, including equipment and compensation claims.
1968-69 _,,-_--___-,,____-______$ 8,466,725.00

B. Capital Outlay--Authority Lease Rentals. 1968-69 .__---_---_---_-____________,,_$ 19,900,000.00

For lease rental obligations of the Highway Depart ment to Georgia State Highway Authority, the Georgia Rural Roads Authority and the State Office Building Au thority in accordance with lease rental contracts now in existence or hereafter entered into in connection with new projects approved by the Highway Department.

Provided that in the event that lease rental obliga tions shall be less than the amount herein appropriated, such excess amount may be used and is herein specifically appropriated for new authority lease rentals to permit the issuance of bonds to finance new projects.

C. Maintenance and Betterments--Planning and Construction. For State matching participation in costs of construction, reconstruction, improvements in high ways, and highway planning, in cooperation with the Federal Government, including all cost items incident thereto. Funds appropriated for each fiscal year shall be available for matching Federal apportionment for the same year. For the cost of road and bridge construction and surveys, maintenance and improving the State High way System of roads and bridges, and the costs incident thereto (provided all expenditures for county contracts shall be in accordance with and on the basis of average prices as authorized by law). Provided, however, that funds shall be allocated to matching all Federal aid funds prior to the allocation of any funds for other works, and the State Highway Department may add, delete, and substitute Federal aid projects to secure the full benefit of the Federal aid program. Provided, further, that in ord er to meet the requirements of the Interstate System with regard to completion by a date fixed by existing Federal Statute of Federal-State 90-10 projects, the Bud-

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get Bureau is hereby authorized and directed to give ad vanced budgetary authorization for the letting and execu tion of highway contracts essential to and included in such Interstate Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Treasury and constitutionally appropriated to the State Highway Department.

Maintenance and Betterments. 1968-69 ...___,,.___......._..._..-_...._...___--......._.__..._....._-_....$ 36,682,400.00

Planning and Construction.

1968-69 _-,,_.- __.___-

_.___,,___..$ 52,633,875.00

D. Grants to counties. For grants to counties for aid in county road construction and maintenance.
1968-69 ----------_----$ 4,817,013.03

E. For grants to counties for aid in county road con struction and maintenance.
1968-69 _..____-_......-.-__..-.........-.____-_.....-._...-._-_......_..._..---$ 4,500,000.00

Provided that the appropriations in D. above shall be distributed and disbursed by the State Treasurer as pro vided by law. The sum appropriated under E shall be dis tributed to the various counties of the State by the State Treasury in the same proportional basis to each county as the proportion of each county's total public road mile age is to the total public road mileage in the State, as such mileage information is furnished by the State High way Department.

Provided, further, that a member of the governing authority of the county, designated by such authority, shall execute an affidavit annually that funds received under this section have been expended in accordance with the law and the Constitution, and file the same with the Director of the Highway Department. At the request of the Governor or the Budget Bureau or the Director of the State Highway Department, the State Auditor shall cause an audit to be made of any county to determine the use of such funds. The expense of such audit shall be de ducted from funds granted to such county in any future
year.

F. Capital Outlay--Airport Development.
1968-69 __......_,,..____.__....._....___-.-_.-...--.-______...-..---$
Any other State funds allocated under this para graph may be expended up to $25,000.00 for any one pro ject when local funds are contributed in at least an equal

125,000.00

THURSDAY, FEBRUARY 15, 1968

1619

amount for the purpose of building and completing any airport without any Federal participation, but shall not have precedence over any project approved by the Federal Aeronautics Administration.

G. Administrative Fees -- Administration Truck Weight Program.
1968-69 _..____........_-_.__....__..-.....___..._.......__.___.....___........$

250,000.00

OTHER
Section 48. Grants to Municipalities.
For grants to municipalities in accordance with the Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended.
1968-69 ---_-----.-..__$ 9,317,000.00

Provided, further, that a member of the governing authority of the municipality, designated by such author ity, shall execute an affidavit annually that funds received under this section have been expended in accordance with the law and the Constitution, and file the same with the State Treasurer. At the request of the Governor or the Budget Bureau or the Director of the State Highway De partment, the State Auditor shall cause an audit to be made of any municipality to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipality in any future year.

Section 49. Grants to Counties and Municipalities. A. Grants to counties. 1968-69 __---,,. --- ----.__,,_._..__.__.$ 3,200,000.00

For grants to counties in accordance with the Act approved April 21, 1967 (Ga. Laws 1967, p.

B. Grants to municipalities. 1968-69 ....-......-_...____.-.._______-.__-_-...,,....-.._-.......__....-........_.$ 5,200,000.00

For grants to municipalities in accordance with the Act approved April 21, 1967 (Ga. Laws 1967, p. 889).

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PART IV MISCELLANEOUS

Section 50. Governor's Emergency Fund.

There is hereby appropriated as a General Emer gency Fund for meeting expenses deemed emergencies by the Governor and to be expended by the Governor in his discretion in any emergency that he may determine re quires expenditures of any part of said fund. Expendi tures from this fund shall be made in accordance with other provisions of State law and the Constitution.
1968-69 _.,,___..______.-.___.___________.._.....__....___...$ 2,000,000.00

Section 51. In addition to these appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies col lected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No wholesale dis tributor of gasoline shall be entitled to a refund covering shrinkage in the process of retailing gasoline as author ized by Act of Georgia General Assembly of 1947 (Ga. Laws 1947, p. 1115), by virtue of the said wholesale dis tributor being engaged in retailing gasoline.
Section 52. In accordance with the requirements of Article VII, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby ap propriated payable to each Department, Agency, or Insti tution of the State sums sufficient to satisfy the pay ments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act 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 appropriated for the fiscal year beginning July 1, 1968, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the Department, 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.

The General Assembly declares that the sums hereby appropriated for lease rentals are to pay the general obligations of the State incurred under valid lease con tracts and such appropriations are to be paid from the General Funds of the State as a first charge upon General Funds.

THURSDAY, FEBRUARY 15, 1968

1621

Section 53. All expenditures and appropriations made and authorized under this Act shall be according1 to the objects and for the programs and activities as specified in the Governor's recommendations contained in the amended Budget Report submitted to the General Assem bly at the regular 1968 session, except as otherwise spec ified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects and programs subject to the conditions that no funds whatsoever shall be transfer red for use in initiating or commencing any new program or activity not currently having an appropriation, nor which would require operating funds or capital outlay funds beyond the current biennuim, and provided, furth er, that no funds whatsoever shall be transferred without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees of the Senate and House of Representatives in a meeting called to consider said transfers. This section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropria tions Committees of the Senate and House of Representa tives of all instances revealed in his audit in which the expenditures of any department, bureau, board, commis sion, institution, or other agency of the State show trans fers made in violation of this section. In those cases in which the aforesaid Budget Report contains no recom mendation by the Governor of expenditures as to objects, the Director of the Budget, except as to the legislative and judicial branches of the government, is authorized to al locate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be submitted and approved in the same manner and under the same conditions pro vided hereinbefore for transfers.

Section 54. In the event it is determined by the Bud get Bureau that the total funds in the State Treasury in a fiscal year in which appropriations are made in the foregoing sections of this Act are to be less than the amount needed to pay in full the specific appropriations authorized, the Director of the Budget is authorized and is hereby directed to make a pro rata reduction of the amount of each appropriation hereinbefore made, except authority lease rental funds and other constitutionally obligated funds, as provided by Georgia Code Section 40418 (Ga. Laws 1962, p. 17).

The amounts of the appropriations so reduced as directed herein and as determined by the Budget Bu reau shall cease to be an obligation of the State. Provided, further, the Budget Bureau is hereby directed to econo mize wherever possible and in the event any part of the appropriations provided in the foregoing sections of this Act shall be in excess of the actual approved budget al-

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lotments for each fiscal year, the amounts so in excess as determined by the Budget Bureau shall cease to be an ob ligation of the State.

TOTAL APPROPRIATION 1968-69 _..-__.-__..___.._.....__.......-._......_....____.___.._.......$874,448,535.90

Section II. All laws and parts of law in conflict with this Act are hereby repealed.

The following Committee substitute was read:

HB 960. By Messrs. Murphy of the 26th, Caldwell of the 51st, Lane of the 64th and Paris of the 23rd:
A BILL
To be entitled an Act to amend an Act providing appropriations for the fiscal years 1967-68 and 1968-69, generally known as the Gen eral Appropriations Act, approved March 17, 1967 (Ga. Laws 1967, p. 41), so as to change the appropriations and provisions relative to the fiscal years 1967-68 and 1968-69; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I.
This Article relates only to changes in the appro priations and provisions relative to the fiscal year 196768.

Section 1. An Act providing appropriations for the fiscal years 1967-68 and 1968-69, generally known as the General Appropriations Act, approved March 17, 1967 (Ga. Laws 1967, p. 41) t is hereby amended by striking Paragraph B of Section 26, relating to the Department of Revenue, in its entirety and inserting in lieu thereof a new Paragraph B to read as follows:

"B. Grants to Counties--Tax Re-Evaluation. For grants to counties in accordance with rules and regu lations set up by the Commissioner of Revenue for assisting counties in financing tax re-evaluation studies.
1967-68 .__._...__.._.-....__..___.._...........__..._-...-_..__..$

100,000.00

THURSDAY, FEBRUARY 15, 1968

1623

Provided that the allocations to objects in the Budget Report, as amended by the supplement there to, shall be changed to read as follows:

Grants to Counties ......._.,,........___.$

1967-68 100,000.00"

Section 2. Said Act is further amended by striking Section 35A in its entirety and inserting in lieu thereof a new Section 35A to read as follows:

"Section 35. Corrections, State Board of.

A. For the administrative expenses of the State Board of Corrections, including the cost of opera tion of the State Prison System.
1967-68 .._....._....-.__-.______....._.._....._...._....._..-.-.___......$ 8,567,000.00

Provided that no funds appropriated in this sec tion or otherwise available, shall be used to pay a salary in excess of the Director's salary, except sal aries for physicians. Provided that the allocations to objects in the Budget Report, as amended by the supplement thereto, shall be changed to read as follows:

Capital Outlay _......___..__..._._...,,.$

1967-68 950,000.00"

Section 3. Said Act is further amended by striking Section 38, relating to the State Board of Education and the Department of Education, in its entirety and insert ing in lieu thereof a new Paragraph A to read as follows:

"A. For matching vocational rehabilitation funds in cooperation with the Federal government; for op eration of vocational trade schools; for operation of public and rural library programs; for operation of School for the Deaf and Academy for the Blind; for programs for exceptional children; for grants in aid to the public common schools, under provisions of law; for free textbooks for children attending public common schools; for the salaries of county school superintendents; for the operating costs of the De partment; for educational grants, including the grants to teachers for scholarships, as provided by law; and for any other expense authorized by law, payable from the common school funds.
1967-68 ._..._-__..._-._...__.__...__...._.._..__.-....._.-_-...$294,794,399.00

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Provided that the allocations to objects in the Budget Report, as amended by the supplement there to, shall be changed to read as follows:

1967-68

Personal Services _._._...__..__,,_.$ 15,985,127.00

Operating Expenses ._._.._.._.,,._$ 14,760,691.00

Maintenance Operation and Sick Leave.__..._.__._.__._..._....__.$ 27,059,469.00

Mid-term Adjustments _.._..._.._.$ 934,291.00

Isolated Schools .._..._._.....___.$ 66,135,00

Alto Maintenance, operation and Sick Leave ..._._...---.._._,,_._-.$

16,972.00

Public Library Services and Materials __--___.-..__.....__.$ 1,912,118.00
Contingency Fund ._.__..__._.__.____.$ --0--

Driver Education Summer Program ._______._._.._.__$ --0--

Fellowships and Traineeships for Teachers of Exceptional Children __________________________$

69,690.00

Teachers Salaries .-------______$185,854,965.00

School Lunch Operations (Manners, Nutrition, Health and Hygiene) ______--._,--$

--0--

Supplements for School Lunch Managers --__...__~.--__._____$ --0--

Adult Basic Education _.._........_ 334,231.00

Provided that none of the funds appropriated above may be used to initiate or commence any new program or project that would require operating funds or capital outlay funds beyond the present biennium, unless such program or project has been specifically authorized by the General Assembly.

Provided, however, that in those new program areas where Federal funds are accepted by the State Board of Education under Code Section 32-413, the Budget Bureau shall reduce the appropriation for any item or part thereof which can be financed with Federal funds in lieu of State funds under the terms of the Federal act, except for funds necessary to match such Federal grants. Nothing in this section shall be interpreted in such a way as to reduce eligi-

THURSDAY, FEBRUARY 15, 1968

1625

bility of the State for Federal funds or to authorize reduction of the State appropriation for programs for which commitments have already been made to local systems.

Funds appropriated for Section 12 of MFPE Act No. 523 shall be paid for salaries of certified pro fessional personnel serving as principals, instruc tional supervisors, visiting teachers, librarians, guid ance counselors, and other certified professional personnel.

The salary index value of 100 referred to in Sec tion 9 of the Minimum Foundation Program of Edu cation Act shall be a minimum of $4,800.00 as of Sep tember 1, 1967."

Section 4. Said Act is further amended by striking Section 40 in its entirety and inserting in lieu thereof a new Section 40 to read as follows:
"Section 40. Higher Education Assistance Com mittee.
1967-68 --____-__-_-__._______.____.$ 700,000.00
Provided that the allocations to objects in the Budget Report shall not apply and the Budget Bu reau shall approve all expenditures by objects as provided by law."
Section 5. Said Act is further amended by striking Paragraphs B and C of Section 45, relating to Public Welfare and the Department of Children Services, and inserting in lieu thereof new Paragraphs B and C to read as follows:
"B. Benefits. For benefits to the aged, the blind, the permanently and totally disabled, and dependent children; and for children and youth care as author ized by law.
1967-68 _.,,__________...__.,,__...._..._.__.__.$ 29,574,945.00
"C. Grants to counties for administration and services.
For the cost of participating with the Federal government and counties in the administration of local welfare programs.
1967-68 ._.._...._._.._......__._._._..._..___$ 5,631,000.00

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Provided further that the allocations to objects in the Budget Report, as amended by the supple ment thereto, shall be changed to read as follows:

1967-68
Personal Services ._..._._.__.......$ 3,129,160.00 Operating Expenses ..._.._-.._---$138,012,700.00"

Section 6. Said Act is further amended by striking Paragraph H of Section 46, relating to the Department of Public Health, in its entirety and inserting in lieu thereof a new Paragraph H to read as follows:

"H. Georgia Mental Health Institute. For the cost of operating the Georgia Mental Health Insti tute, including pre-admission and post discharge services.
1967-68 --------.------------ --.^ 3,300,000.00

Provided that the allocations to objects for this budget unit shall be changed to read as follows:

1967-68 Personal Services .._,,..._.__.....$ 2,427,894.00 Operating Expenses ..........__....$ 1,053,022.00"

Section 6A. Said Act is further amended by add ing at the end of Section 33 the following:
"Fire Ant Eradication Program ____._____.________$

500,000.00

Provided that the allocations to objects in the Budget Report shall not apply, and the Budget Bu reau shall determine the allocations to objects, sub ject to approval by the Fiscal Affairs Subcommittees of the Senate and the House of Representatives."

Section 6B. Said Act is further amended by adding a new subparagraph to the end of Section 47F to read as follows:

"(d) In the event those projects described in subparagraph (a) herein fail to receive 50% Federal Participation funds, the funds for said projects may be allocated hereunder and expended on the basis of 50% participation from the state and 50% par ticipation local funds."

THURSDAY, FEBRUARY 15, 1968

1627

Section 7. Said Act is further amended by striking from Section 54 the following:
"TOTAL APPROPRIATION 1967-68 ____________.$785,339,708.90",

and inserting in lieu thereof the following: "TOTAL APPROPRIATION 1967-68 ........_...._..$781,624,637.90".

ARTICLE II.

This Article relates only to changes in the appropria tions and provisions relative to the fiscal year 1968-69.

Section 8. Said Act is further amended by striking the appropriations and other provisions relative to the fiscal year 1968-69 and inserting in lieu thereof the following new provisions which shall be the appropriations and pro visions for said year and which shall be applicable only to the fiscal year 1968-69. It is not the intention of this Article II and this Section 8 in any way to change the pro visions of the aforesaid 1967 Act relative to the fiscal year 1967-68.

PART I

LEGISLATIVE BRANCH

Section 1. Legislative Branch.

For compensation, expenses, mileage, allowances, travel and benefits for members of the General Assembly, and for the officials, employees, and committees of the General Assembly, and each branch thereof; for cost of operating the Office of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, National Conference of Commissioners on Uniform State Laws; National Confer ence on Legislative Leaders and Marine Fisheries Com pact; for equipment, supplies, repairs, printing and other incidental expenses for the legislative branch; for the necessary cost of renovating and repairing the housing and other facilities for the legislative branch; for cost of com piling, publishing and distributing the Acts and Journals of the General Assembly; and the annual report of the State Auditor to the General Assembly; for election blanks and any other election expense, including publish ing constitutional amendments; for all costs of Georgia Official and Statistical Register as provided by resolu tion; and for cost of Legislative Services Committee and the Office of Legislative Counsel as authorized by law.
1968-69 .,,.__....._-...-___-.._.,,..........__.....-_.....-..__....__-....____..-_..._.$ 3,050,000.00

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PART II JUDICIAL BRANCH

Section 2. Supreme Court.

For the cost of operating the Supreme Court of the State of Georgia, including salaries of justices and the employees of the Court, their retirement contributions and three Emeritus positions. Provided, however, that the listed appropriation shall be increased by the amount of $12,000.00 per annum for each additional Emeritus posi tion established during the fiscal year. Provided, however, that the sum of $7,500.00 shall be allocated for the pay ment of attorneys' fees and legal expenses for indigent defendants in criminal cases on appeal as provided in Georgia Laws 1953, Nov.-Dec. Sess., pp. 478-479.
1968-69 -...-.--..-__.-_--_.~__-..__-.--......__.-.--........$

540,165.00

Section 3. Court of Appeals.

For the cost of operating the State Court of Appeals including salaries and retirement contributions of judges and employees of the Court, and for the Emeritus Judges of the Court. Provided, however, that the listed appro priation shall be increased by the amount of $12,000.00 per annum for each additional Emeritus position estab lished during the fiscal year.
1968-69 .__.____--__._-__.-__-___-_,,_...$

634,000.00

Section 4. Superior Courts.

For the cost of operating the Superior Courts of the State of Georgia, including such contingent expense as authorized by law, the payment of mileage as authorized by law, and such other expenses as may be authorized by law. Provided however, that the listed appropriation shall be increased by the amount of $13,334.00 per annum for each additional Judge Emeritus position established during the fiscal year, and by $6,000.00 per annum for each additional Solicitors General Emeritus position estab lished during the fiscal year.
1968-69 __.__-__.__._.._...__...__......_......__.$ 2,037,000.00

Provided that the allocations to objects in the Budget Report shall be changed to read as follows:

Personal Services .._...

1968-69 ..$ 1,991,000.00

THURSDAY, FEBRUARY 15, 1968

1629

Section 5. For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals.
1968-69 _____________---._._____-______.____.....__.$

35,000.00

PART III
EXECUTIVE BRANCH GENERAL GOVERNMENT

Section 6. Commission on Aging. 1968-69 ._....._--_.----__.-.__..-_..._______._.._._.__$

44,000.00

Section 7. Art Commission, Georgia. 1968-69 ._..._..____._--__...._.._-..._..,,...._..._....___..__$

87,600.00

Provided that of the amount appropriated for 196869, the amount of $39,000.00 shall be matched by $39,000.00 agency funds and expended for the purpose of cultural projects.

Section 8. Audits, Department of. 1968-69 ._.__.__._....___._...._.._._.______.__....._.____$ 605,000.00

Provided that the allocations to objects in the Budget Report shall be changed to read as follows:

1968-69 Tax Digest Study .___...__.__...._......_.._$ --0--

Section 9. Banking, Department of. 1968-69 .........__...__._......_,,......___.__.___._..___$ 547,100.00

Section 10. Capitol Square Improvement Committee. Operating Costs.
1968-69 ...__..-......-_.__._.........__...._........_.._._...._$

150,000.00

B. Capital Outlay--Authority Lease Rentals, Annual Lease payments to State Office Building Authority under existing leases for Judicial, Agricultural, Health and other State Office Buildings and Facilities.
1968-69 _-_--------_----------__--___._._..$ 3,112,752.87

Section 11. Comptroller General.

For the cost of operating the Office of the Comp troller General, Insurance Commissioner, Fire Inspection Division, Building Safety Council, Insurance Rate Divi sion, Industrial Loan Commissioner, and the Liquified Petroleum Safety Act.
1968-69 _____._-.._____._............______....__.......__.__$ 1,367,400.00

1630

JOURNAL OF THE HOUSE,

Section 12. Executive Department.

A. For the costs of operating the Executive Depart ment, including the costs and maintenance expenses for the Executive automobiles, transportation costs and com munication expenses at the Mansion; and for the contin gent expenses of the Department, such as rewards, dues to the Governor's Conferences, dues to the Southern In terstate Nuclear Compact and special committee expenses.
1968-69 _............._....-.-......-...._.....,,_.__.__..__.........___.....___.___.$

496,000.00

B. For the Governor's Mansion allowance. 1968-69 ..-........-__.....__...,,...._...............__....,,..__............,,..,,_..$

25,000.00

C. Coordinator of Highway Safety. 1968-69 ,,......__...-....___...-.._._..._.._____._.____......._...___.............$

37,598.00

Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
Personal Services ...._....._.__.-.........__.._..$ 59,298.00

Provided that no additional positions shall be paid from the above appropriation.

D. Planning and Programming Bureau. (a) General operating cost .......__..._..____....._-_......_...........$

324,077.00

Provided that the allocations to objects in the Budget Report shall not apply, and the Budget Bureau shall de termine the allocation to objects, subject to approval by the Fiscal Affairs Sub-Committees of the Senate and House of Representatives.

(b) Grants to Area Planning and Development Commissions --.....-.-........---......--..-.....---...--.-.-..--I

823,200.00

Section 13. Budget Bureau. 1968-69 .-._.._._..-.....__.,,...-...._-.-.-..-_...-.-.-_-.-____-...____....____..$

270,000.00

Section 14. Georgia Historical Commission. 1968-69 ...-__.-.-.-....._-_...---._,,.....__._....__..--.-____.--._-__....$

292,000.00

Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
Capital Outlay ._._,,.....-__.__.-.____..-._.__._-.._..,,-..-._.,,..___...$

--0--

THURSDAY, FEBRUARY 15, 1968

1631

Section 15. Industry and Trade, Department of.

A. General Operating Costs. 1968-69 ...........___.......____......,,..............___.___.__.,,._.__..___.____........$ 2,377,800.00

Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
Capital Outlay ....-_..-..-...____..._-.--_.___.._.,,...__..__.,,,,...___...$

250,000.00

B. Capital Outlay -- Metropolitan Atlanta Rapid Transit to be expended under contract with the Metro politan Atlanta Rapid Transit Authority.
1968-69 .......___......__........___.,,-__.....__......_,,._._......._.._.__...._..$

250,000.00

C. Capital Outlay -- Authority Lease Rentals -- An nual Lease payments to Georgia Ports Authority.
1968-69 ....._.._._...__._._.....__........_-._._..__......__..._._,,...,,..._....$ 2,130,000.00

Provided that from the above appropriated amounts $625,000.00 is designated and committed to pay rental to said Authority to permit the issuance of bonds to finance new projects.

D. Capital Outlay--Georgia Welcome Center. 1968-69 --._..._.-....__.-....___.._____-_._...,,...-___.....__.___.,,..._._._.$

85,000.00

Provided that the above appropriated funds shall be expended only to construct and equip a Georgia Welcome Center facility to be located on Interstate 85 in the vicin ity of West Point, Georgia.

Section 16. Labor, Department of.

A. For the cost of operating the Commissioner's and Factory Inspection Division.
1968-69 _.._.____.._--_._._....._._.._...-..____.._.,,$

308,400.00

B. For that part of cost of operations of Employ ment Security Agency as authorized by Act approved March 8, 1945.
1968-69 ___._____._,,_._-- _^ __._____.__._.__$

85,000.00

Section 17. Law, Department of.

For the cost of operating the Department of Law, provided that the compensation of all Assistant Attorneys General, Deputy Assistant Attorneys General, all law clerks, stenographic help, necessary to carry on the legal

1632

JOURNAL OP THE HOUSE,

duties of the State, required of the Department of Law, or any agency of the State in the Executive Branch of the State government, shall be paid from this fund. No other agency is authorized to expend funds appropriated or otherwise available from any source for the support and maintenance of the respective agency for the purposes for which provision is made in this item, unless the pay ment is for reimbursement to the Department of Law by the State Highway Department for expenses incurred for legal services by any Assistant Attorneys General or Dep uty Assistant Attorneys General assigned by the Attorney General of Georgia to perform specific items of legal work in connection with the acquisition of rights-of-way on the State road system, and contract law suits, or unless the payment is made from funds appropriated to the Execu tive Department for the payment of salaries and expenses of the two Assistant Attorneys General or Deputy Assist ant Attorneys General authorized to be appointed by the Governor.
1968-69 __--_----_--__---_-_.,,,,_____ __^ _____$

783,900.00

Section 18. Library, State. 1968-69 -----__------,,_-_-_-__.._..._.$ 116,750.00

Section 19. Literature Commission, State. 1968-69 --_.--...___.-...._.__._____...._..._...___________$
Section 20. Pharmacy Board. For cost of operating the office of Chief Drug Inspector.
1968-69 --.__--.-_-_,,_____-_.__________,,._,,.________-__.__,,_.$
Section 21. Public Defense, Department of.

20,000.00 120,700.00

For the cost of operating the Military Division, aid to military organizations and the cost of operating the Civil Defense Division, and the Office of Emergency Planning.
1968-69 _._._.--_._--__.--____-.._._._..._......._....-____.-___$

1,014,200.00

Section 22. Public Safety, Department of. 1968-69 --._.____---___.__-__-_-.-..--...-_....._.-__.___..__.$ 11,271,283.00

Provided that the allocations to objects in the Budget Report shall be changed to read as follows:

Personal Services _..._._....,,._..._____._$8,170,600.00 Operating Expenses __...._.........___._.._....$3,207,383.00 Capital Outlay __-.-_...-_._...._.____._,,.___$ -0-

THURSDAY, FEBRUARY 15, 1968

1633

Provided, however, that the Director of the Depart ment of Public Safety is hereby authorized to pay dues for Georgia's portion of the cost of membership in the Vehicle Equipment Safety Compact, the American As sociation of Motor Vehicle Administrators, and the Inter national Association of Chiefs of Police (State and Provincial Police).

Section 23. Public Service Commission.

For the cost of operating the Utilities Division and the Motor Carrier Division of the Public Service Com mission.
1968-69 .......................___,,_.__._..__..,,....,,__..........$

647,500.00

Section 24. Purchases, Supervisor of. 1968-69 _______,,_______-_---$ 433,800.00

Section 25. Recreation Commission. 1968-69 ___________-______,,______-_....-___..._-___..._.....-_-$ 104,000.00

Section 26. Revenue, Department of.

A. For cost of operating the Department of Revenue. 1968-69 .___--_----_--_-_-_-.---$ 12,584,800.00

B. Grants to counties - Tax reevaluation. For grants to counties in accordance with rules and regulations set up by the Commissioner of Revenue for assisting counties in financing tax reevaluation studies.
1968-69 ............. ...........................................^........^...$

75,000.00

C. Loans to counties - Tax reevaluation. There is appropriated for the fiscal year 1968-69 the amount of such repayments of county tax evaluation loans as may be made by such counties during the fiscal year in such amount and for the same purpose as originally appropri ated, but not to exceed $400,000.00 in the fiscal year. Such amount shall be available for further tax evaluation loans to counties.

Section 27. Science and Technology Commission. 1968-69 ____,,____.___.______._._________.___________$

55,450.00

Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
Personal Services ___,,___,,__._._..,,.._....$ 46,500.00
Operating Expenses __....._.........._...,,._......$ 8,950.00

1634

JOURNAL OP THE HOUSE,

Section 28. Secretary of State.

A. Combined Divisions. For the cost of operating the office of Secretary of State, and all other programs administered through such office.
1968-69 ._-__.._-.____,,_____._.______-____..-_.___,,____.._.-..____.-.._______..... $

722,300.00

Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
Personal Services ____.._____._.------___....--~___$1,771,050.00
Operating Expenses ....____--____..____.__......__.$ 694,350.00

^

Provided that of the above amount, $25,000.00 shall

be for the State Election Board.

B. Examining Boards. 1968-69 _..___..-..____._..______

754,100.00

C. Archives and Records. For the cost of operations of archives and history, microfilming and housing records, and the State Museum, including lease rental payments to the State Office Building Authority for the State Ar chives Building in the amount of $815,000.00 per annum.

1968-69

______.__,,_-$ 1,377,600.00

D. Buildings and Grounds. For the cost of operating the State Capitol Building and grounds, the maintenance of Confederate cemeteries, the repairs, furnishings, equip ment, light, power, water and upkeep of grounds at the Mansion and for insurance on public property not other wise provided for.
1968-69 ,,__________.,,____,,.__.-$

436,100.00

E. Special Repairs. Capitol Building, Mansion and Legislative Chambers, Rooms, Offices and Facilities.
1968-69 __.___..-.__._.-.,,______.....___-.-_-____._.--.._._..........-__--$
F. Executive Center. For operation of Executive Center.
1968-69 .._._._._._............__..__._-___..-_____.--__---___-_---$

100,000.00
60,000.00

Section 29. State Properties Control Commission.

For the cost of operating State Properties Control Commission.
1968-69 _________.________.______........-._--....._-.___-....-.._..-...___-__3

50,000.00

THURSDAY, FEBRUARY 15, 1968

1635

Section 30. Treasury, State.

For operation of State Treasury, including Bond Commissioner.
1968-69 -____--..-________..__-___-_----_-_--------__--$

139,500.00

Section 31. Veterans Service.

A. For the cost of operating the Department of Vet erans Service.
1968-69 ____.________-_____-__-.______-_______-.$ 1,108,700.00

B. For the cost of operating the Veterans Service Board, War Veterans Home, and Veterans Nursing Home.
1968-69 ____________________ _____ _____ _____,,__$ 1,044,800.00

C. For the cost of pensions to Confederate Widows. 1968-69 __________ ,,_,,____,,__._________----,,----------.$

72,190.00

Section 32. Workmen's Compensation, State Board of.

For the cost of operating the State Board of Work men's Compensation.
1968-69 ____.,, ______ _____,,,,_,,_______--__------_.$

661,300.00

AGRICULTURE AND CONSERVATION

Section 33. Agriculture, Department of.

A. For the operation of all activities of the Depart ment including the operation of Farmers' Markets.
1968-69 ____,,,,_.,,,,,,,,_,,_ __________----___--.----__$ 7,656,200.00

Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
Capital Outlay--~------~------_------_---$ --0--

B. Capital Outlay - Authority Lease Rentals - An nual Lease payments to Georgia Farmers' Market Autho rity.

1968-69

___________________________-__.$

750,000.00

Provided that the allocations to objects in the Budget Report shall be changed to read as follows:

Authority Lease Rentals ____________,,____...$ 750,000.00

1636

JOURNAL OF THE HOUSE,

Section 34. Conservation.

A. Forestry Commission. 1968-69 --..-.---...--.....--...-.---.-.--.-.--..-..-.I 4,910,626.00

Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
Capital Outlay---...____._.----------$ --0--

B. Forest Research Council. 1968-69 .__..__.-._----.----.-__....----_----------..-._--$

384,300.00

C. Game and Fish Commission. 1968-69 __------___----.--------------_------_._...$ 3,387,769.00

Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
Personal Services __.----._._-__--_$ 2,474,038.00 Operating Expenses _--__~_____~$ 1,441,807.00
Capital Outlay _...._----------.,,.----..$ 311,908.00

D. Jekyll Island Committee. 1968-69 ----..._--_....___----.----_-.-_._------._..__..$

430,000.00

E. Mineral Leasing Commission. 1968-69 ..________-___.-.--..-..--_--------------_--.__..$

5,000.00

F. Department of Mines, Mining and Geology, in cluding Oil and Gas Commission, and dues to the Inter state Oil Compact.

(a) Regular Operation 1968-69 ----..----__..__.------..----.__.-_...___._-$

352,300.00

(b) South Georgia Minerals Exploration and Re search.
1968-69 .--------_----_----__.__----__--____------..$

228,500.00

G. Department of Parks.

(a) For general operation and development of State Parks.
1968-69 .------.___----___._.------.._--._----_.------_$ 1,364,700.00

THURSDAY, FEBRUARY 15, 1968

1637

Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
Capital Outlay __.__._.....,,._......__________$ 145,000.00

Provided, however, that $20,000.00 of the above amount shall be allocated for expenses of the State Coun cil for the Preservation of Natural Areas.

(b) Capital Outlay - Authority Lease Rentals Annual Lease Payments to Jekyll Island State Parks Au thority.
1968-69 ---___--_----_-.--_--____..__----$ 1,016,000.00

(c) Capital Outlay - Authority Lease Rentals - An nual Lease Payments to Stone Mountain Memorial As sociation.
1968-69 .____,,____.__.-.,,________.____ ___^__.$ 1,050,000.00

H. Soil and Water Conservation Committee.

For the cost of operating the State Soil and Water Conservation Committee.
1968-69 _,,__,,_._____._______,,___,,_.____________________,,_$

400,000.00

I. Stone Mountain Memorial Committee.

For operating costs including costs of improvements by convict labor.
1968-69 _..____._____,,_.__._________._.__,,...___.__________.___.$

250,000.00

J. Ocean Science Center of the Atlantic. 1968-69 _..____._._._._._....__...____-_._.__._..$ 600,000.00

Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
Capital Outlay __....__...__....._..___,,.$ 175,000.00

K. Department of State Parks - For contract with Lake Lanier Island Development Authority.
1968-69--_-_--_-.---__..................... ...................^

208,000.00

Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
Operating Expenses .......................,,___._.$ 208,000.00

Provided that the compensation of the Project Direc tor shall not exceed $15,000.00 per annum.

1638

JOURNAL OF THE HOUSE,

L. North Georgia Mountains Commission. 1968-69 __,,___._--_----------_-.____._---$ 102,500.00

Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
Personal Services --____--__----____$ 77,500.00
Capital Outlay--..___._--__----___--___..$ --0--

Provided, however, in the event Federal funds in the amount of at least $1,000,000.00 are not made available by July 1, 1968, none of the funds appropriated above shall be expended.

Provided that the compensation of the Director shall shall not exceed $15,000.00 per annum.
CORRECTIONS

Section 35. Corrections, State Board of.

A. For the administrative expenses of the State Board of Corrections, including the cost of operation of the State Prison System.
1968-69 ,,_,,----------__-_--.--.----___--___.----_--___$ 10,742,400.00

Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
Capital Outlay--____--__--------------___-$ --0--

Provided that no funds appropriated in this section or otherwise available shall be used to pay a salary in excess of the Director's salary, except salaries for physi
cians.

B. Capital Outlay - Authority Lease Rentals - An nual lease payments to State Penal and Rehabilitation Authority.
1968-69 ............... ...^ ............-...$ 1,180,000.00

Provided, that from the above appropriated amount, $530,000.00 is designated and committed to pay rentals to said Authority to permit the issuance of bonds to finance projects at Butts County and for four new prison
branches.

Section 36. Pardons and Paroles, State Board of. 1968-69 ----_..----.--_..--__--.....--___----...-.--...._._...$

977,100.00

THURSDAY, FEBRUARY 15, 1968

1639

Section 37. Probation, State Board of.

For the cost of operating the statewide Probation System, administered by the State Board of Probation.
1968-69 ...._..,,._.....__...._._._...-.____..,,__,,__...._.____._..,,_....__.$ 1,345,800.00

EDUCATION

Section 38. State Board of Education - Department of Education.

A. For matching vocational rehabilitation funds in cooperation with the Federal government; for operation of vocational trade schools; for operation of public and rural library programs; for operation of School for the Deaf and Academy for the Blind; for programs for exceptional children; for grants in aid to the public common schools, under provisions of law; for free textbooks for children attending public common schools; for the salaries of coun ty school superintendents; for the operating costs of the Department; for educational grants, including the grants to teachers for scholarships, as provided by law; and for any other expense authorized by law, payable from the common school funds.
1968-69 _._...._..._......._...-__-.____-..__-..._-.-.-_...__..._____$322,774,526.00

Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
Personal Services _..-.._--..____--._.___...-__....$ 19,919,551.00
Teachers Salaries ._,,.___.___------_--____-- $202,600,879.00
Other Certificated Professional Personnel Salaries _________,,_____,,_______,,__,,__.$ 32,939,496.00
Isolated Schools _-..._-...-__.....____...._-__$ 71,241.00
Midterm Adjustment ____-__-___._.____-_____.$ 1,067,927.00
Public Librarians Salaries and Travel -__....__-..___.....-.___...-___.-_..$ 1,448,875.00
Area Vocational Technical Schools _.__-------_-_.-$ 11,118,024.00
Alto Teachers Salaries --_..__....._..___$ 160,739.00
Superintendent's Salaries ..___.__._-_.-..-.-...$ 2,149,059.00
Driver Education Summer Program __.___.--__..,,-,,.... -_.,,._-____-.__....$ --0--

Provided, however, that the proposed teacher pay raise of $558.00 shall not be implemented until December 1, 1968.

1640

JOURNAL OF THE HOUSE,

Provide that none of the funds appropriated above may be used to initiate or commence any new program or project that would require operating funds or capital out lay funds beyond the present biennium, unless such pro gram or project has been specifically authorized by the General Assembly.

Provided, however, that in those new program areas where federal funds are accepted by the State Board of Education under Code Section 32-413, the Budget Bureau shall reduce the appropriation for any item or part there of which can be financed with federal funds in lieu of State funds under the terms of the federal act, except for funds necessary to match such federal grants. Nothing in this section shall be interpreted in such a way as to reduce eligibility of the State for federal funds or to au thorize reduction of the State appropriation for programs for which commitments have already been made to local systems.

Funds appropriated for Section 12 of MEPE Act No. 523 shall be paid for salaries of certificated professional personnel serving as principals, instructional supervisors, visiting teachers, librarians, guidance counselors, and other certificated professional personnel.

Provided, however, should funds allocated in the Budget Report for Sections 11 and 20, Salaries, for the 39,629 teachers prove insufficient in 1968-69, the Direc tor of the Budget is authorized to transfer funds from Section 12 to Sections 11 and 20.

The salary index value of 100 referred to in Section 9 of the Minimum Foundation Program of Education Act shall be a minimum of $5,200.00 as of September 1, 1968.

B. Capital Outlay--Authority Lease Rentals. 1968-69 _______-__-_--_...____________.-_..___.___________$ 28,351,000.00

For Capital Outlay purposes, including Lease Rentals obligations of the State Board of Education, Department of Education to State School Building Authority in ac cordance with Lease Rental Contracts; provided that from the above appropriated amount, $750,000.00 is de signated and committed for additional Capital Outlay purposes, including Lease Rentals to said Authority to permit the issuance of bonds to finance new projects.

C. To provide educational and training services for severely mentally retarded children as provided in Para graph (1) of Section 1 of an Act approved March 21, 1958.
1968-69 __-_---_---_---_---.______-____-----___$

50,000.00

THURSDAY, FEBRUARY 15, 1968 Section 39. Educational Improvement Council. 1968-69 _.-_____.__--_,,..__-._.__.__.___--____-____.__$ Section 40. Higher Education Assistance Committee. 1968-69 ._._.______-__--_._..________..._.__.__._.$ Section 41. Medical Education Board.

1641 103,000.00 958,500.00

For cost of operation of the State Medical Education Board, including the payment of medical scholarships as authorized by provision of the Georgia State Constitution.
1968-69 ..__._._-_-_-_---_.____-__...._____________.-$

191,768.00

Section 42. State Board of Regents.

A. The general cost of operation of the Board; for aid to the University System; for Annual payment of $8,000.00 to the University of Georgia for old stock items; for scholarships authorized by law $200,000.00; for the support of research and for the cost of use and/or acquir ing additions to plant and equipment for the University System.
1968-69 ____..,,_______..__________-__-______._________-$lll,538,000.00

Provided that the above appropriations shall be in addition to the funds realized by the respective units in the fiscal year from the Federal government, donations, gifts, earnings from fees, rents, sales and any other source of income, and provided that from the above appropria tion, the amount of $15,516,000.00 is designated and com mitted to guarantee payment of lease rental contracts as a first charge on such funds. Provided that from said ap propriation for lease rental, the amount of $1,000,000.00 is designated and committed to pay rentals to the Uni versity System Building Authority to permit the issuance of new bonds to finance new projects. Provided none of the funds herein provided as capital outlay authority lease rental shall be available for the purchase of any books whatsoever, Provided that the State Board of Regents shall, within the first 30 days of the fiscal year, make an apportionment of funds to the various units of the University System from all funds available in the amounts necessary in the fiscal year to pay the annual lease contract commitments for the acquisition of property as provided for in the provision of the State Constitution, and shall, second, apportion the remaining funds available to the various units to cover cost incident to the opera tion and development of the University System. The State Board of Regents shall immediately report the same to the State Budget Authorities for approval, whose ap proval shall be evidenced in writing.

1642

JOURNAL OF THE HOUSE,

No part of this appropriation, nor any funds realized by the State Board of Regents of the University System, or any school or college from the Federal government, or from donations, gifts, earnings, fees, rents, sales or other sources of income shall be available for use or ex penditure until made available by a written order of the State Budget Authorities. Provided that funds from donations, gifts, earnings, fees, and for any other source of income shall be available to support further lease rental agreements for dormitories and other school build ings, with the approval of the Budget Bureau. Such fur ther contracts may be entered into not to exceed $750,000.00 per annum.
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
Personal Services ..-....-..._-..-.-._.....-_-...$ 126,213,000.00
Capital Outlay ,,,,_____._,,__,,_.___________,,$ 8,000,000.00

B. Eugene Talmadge Memorial Hospital - State Board of Regents.
1968-69 --.--.-...-.-..-.-..--.-.-.-.-...-.--.-.-...-.--.-..-----$ 5,687,000.00

Provided that the allocations to objects in the Budget Report shall be changed to read as follows:

Personal Services -___..._..________...,,__.$ 6,985,817.00

Section 43. State Scholarship Commission. 1968-69 ........................................ ....^^

829,000.00

Section 44. Teachers' Retirement System.
For the State's contribution to the Teachers' Retire ment Fund, including the cost of administration.
1968-69 _-_--_----_,,-_-_----$ 31,222,583.00
Provided that the allocations to objects in the Budget
Report shall be changed to read as follows: Pension AccumulationMatching Fund .._.-__.-.,,...__......-.__....$ 30,446,794.00
HEALTH AND WELFARE
Section 45. Public Welfare, Department of Family and Children Services.
A. For the cost of operation of the State Welfare Programs.
1968-69 ..................................... ^^^ $ 2,907,000.00

THURSDAY, FEBRUARY 15, 1968

1643

B. Benefits - Adult Programs for matching federal funds to provide benefits to the aged, the blind, and the totally and permanently disabled.
1968-69 _-__...-.-__...-......_.....--..,,..-._..-_.-...-_.......,,_.....__,,...$ 16,303,893.00

C. Benefits - AFDC Program. For matching federal funds to provide benefits to families with dependent chil dren.
1968-69 ------,-----____.___.-__$ 7,165,600.00

D. Benefits - Division for Children and Youth. For other children and youth care as authorized by law.
1968-69 __....-__...,,__..,,____,,-____..-___..____.,,.___........,,__._..$ 1,666,000.00

Provided, however, that in the event a surplus is anticipated in any of the above Benefit appropriations, by the State Budget Bureau, and there exists a need for the use of such surplus in either of the other two Benefit ap propriations, the State Budget Bureau shall have autho rity to make such transfer, subject to approval by the Fiscal Affairs Subcommittees of the House and Senate.

E. Grants to Counties for administration and ser vices. For the cost of participating with the Federal gov ernment and counties in the administration of local wel fare programs.
1968-69 -.___..-..___.-...___....-.-._......_........................__._......_.$

7,158,100.00

F. Institutions. For the cost of operation of the insti tutions under the administration of the Department of Family and Children Services, and for grants to countyowned detention centers.
1968-69 _________________________..._...____._..___________.$ 5,018,900.00

Provided, however, the $500,000.00 allotted under this section for grants to county-owned detention centers shall be distributed to the several counties for operation ex penses of the said centers without restriction.

Provided, however, that work incentive programs, as provided for by Public Law 90-248, Section 204, shall be limited to studies or special pilot projects, and not proj ects which are Statewide in scope.

Section 46. Public Health, Department of.

A. Alcoholic Rehabilitation Service. For the cost of conducting the Alcoholic Rehabilitation Program.
1968-69 -____________.._-._. --_.______..__--____________-___$

580,580.00

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B. Atlanta, Augusta and Savannah Regional Hos pitals. For the cost of developing and operating these in stitutions including pre-admission and post-discharge services.
1968-69 ........................................................$ 1,542,193.00

C. Capital Outlay - Authority Lease Rentals - An nual lease payment to State Hospital Authority.
1968-69 _______^ ___.,,__________.______.____________$ 4,125,000.00

Provided that from the above appropriated amount, $600,000.00 is designated and committed to pay rentals to said Authority to permit the issuance of bonds to finance new projects.

D. Battey State Hospital. For the cost of operating the Battey State Hospital, including pre-admission and post-discharge services.
1968-69 _.,,__.._.-....__.,,_....._...__..._______.......,,..___.$ 3,329,000.00

E. Central State Hospital. For the cost of operating the Central State Hospital, including pre-admission and post-discharge services.
1968-69 ...................................._____,,___--_._-_-.-.__-_$ 27,381,000.00

F. Georgia Retardation Center. For the cost of developing and operating the Georgia Retardation Center, including pre-admission and post-discharge services.
1968-69 _-_---_--_--,,..____...______________________...$

870,750.00

G. Gracewood State School and Hospital. For the cost of operating the Gracewood State School and Hospi tal, including pre-admission and post-discharge services.
1968-69 _________________________------.-----..---$ 7,406,332.00

H. Medical Assistance Program. For the cost of operating the Medical Assistance Program.
1968-69 _..._....._...............................................^ 11,763,805.00

Provided, however, that payments to providers of nursing home care under this section may be modified to conform with program requirements issued by the United States Department of Health, Education and Welfare, subject to prior approval by the Director of the Budget.

I. Medical Facilities Construction. For aid to local government subdivisions in establishing, constructing and equipping health facilities to be administered and ex pended in the same manner as other public health funds,

THURSDAY, FEBRUARY 15, 1968

1645

and in accordance with the provisions of the Hill-Burton Act, as amended, and the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963 of the United States Congress, and the rules and regulations of the State Board of Health.
1968-69 ________..._____.._.____.____-.__-.__._..______$ 1,000,000.00

J. Georgia Mental Health Institute. For the cost of operating the Georgia Mental Health Institute, including pre-admission and post-discharge services.
1968-69 .___._.___.__-.____---,,-.--_-__.,,--_-$ 3,635,000.00

K. Regular Operations. For the cost of operating the Department of Public Health, grants to counties for public health programs, services for crippled children, and men tal health programs.
1968-69 __._,,________-_--_----_--___._____.$ 13,339,508.00

Provided that of the above amount, $100,000.00 from operating expenses will be used for day care centers for the mentally retarded.

L. Southwestern State Hospital. For the cost of operating the Southwestern State Hospital, including pre admission and post-discharge services.
1968-69 ____._._,,.._.__...__...___.._._.._.._..__.___....____.....__.$ 3,984,500.00

M. Water Quality Control Division. For the cost of conducting the programs of the State Water Quality Con trol Board.
1968-69 __________ _,,_..-...-.----.--_-_____.______$

313,600.00

Provided that for the purpose of receiving Federal matching funds under Title XIX of the Social Security Act, each institution listed in this section shall have au thority to transfer funds to the Medical Assistance Pro gram, such funds to be matched at the prevailing rate with Federal funds and the aggregate amounts remitted to the transferor institution in payment for services to
eligible recipients.

HIGHWAYS

Section 47. Highway Department.

Appropriation of all funds in this section is to be in conformity with and pursuant to Article VII, Section IX, Paragraph IV of the State Constitution, and shall be in an amount equal to all money derived from motor fuel taxes received by the State Treasurer in the immediately

1646

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preceding year, less the amount of refunds, rebate and collection costs authorized by law. The fiscal officers of the State are hereby directed, as of July 1 of each fiscal year, to determine the net collection of motor fuel tax received by the State Treasurer in the immediately pre ceding fiscal year and enter the full amount so determined on the records of the State as being the appropriation payable in lieu of the amount appropriated herein.

A. General Operations - For general administrative costs of operating the Highway Department, including equipment and compensation claims.
1968-69 .._-___._-.....-__.___-___.___.._-_.,,........-_.__._--.-------$ 8,466,725.00

B. Capital Outlay - Authority Lease Rentals. 1968-69 ._.....___....._...____.._._.._.........,,___._.___.____...._____._._..____.$ 19,900,000.00

For lease rental obligations of the Highway Depart ment to Georgia State Highway Authority, the Georgia Rural Roads Authority and the State Office Building Authority in accordance with lease rental contracts now in existence or hereafter entered into in connection with new projects approved by the Highway Department.

Provided that in the event that lease rental obliga tions shall be less than the amount herein appropriated, such excess amount may be used and is herein specifically appropriated for new authority lease rentals to permit the issuance of bonds to finance new projects.

C. Maintenance and Betterments -- Planning and Construction. For State matching participation in costs of construction, reconstruction, improvement in highways, and highway planning, in cooperation with the Federal government, including all cost items incident thereto. Funds appropriated for the fiscal year shall be available for matching Federal apportionment for the same year. For the cost of road and bridge construction and surveys, maintenance and improving the State Highway System of roads and bridges, and the costs incident thereto (pro vided all expenditures for county contracts shall be in ac cordance with and on the basis of average prices as au thorized by law). Provided, however, that funds shall be allocated to matching all Federal aid funds prior to the allocation of any funds for other works, and the State Highway Department may add, delete, and substitute Federal aid projects to secure the full benefit of the Federal aid program. Provided, further, that in order to meet the requirements of the Interstate System with regard to completion by a date fixed by existing Federal Statute of Federal-State 90-10 projects, the Budget Bureau is hereby authorized and directed to give advanced budgetary authorization for the letting and execution of

THURSDAY, FEBRUARY 15, 1968

1647

highway contracts essential to and included in such Inter state Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Treasury and constitutionally appropriated to the State Highway De partment.

Maintenance and Betterments. 1968-69 ..........__...._____._________._._.____.-......__....,,.-..._......________-_.$ 36,682,400.00

Planning and Construction. 1968-69 -_--_---_---_--_____----_._-_-$ 52,633,875.00

D. Grants to counties. For grants to counties for aid in county road construction and maintenance.
1968-69 ___-....____-_____--.__,,_-..._-_..-__.....-.....--_....-__..-.$ 4,817,013.03

E. For grants to counties for aid in county road con struction and maintenance.
1968-69 _._.......___.......___......___.,,____._______...__.__--.___.____---._$ 4,500,000.00

Provided that the appropriations in D above shall be distributed and disbursed by the State Treasurer as pro vided by law. The sum appropriated under E shall be dis tributed and disbursed to the various counties of the State by the State Treasurer in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State, as such mileage information is furnished by the State Highway Department.

Provided, further, that a member of the governing authority of the county, designated by such authority, shall execute an affidavit annually that funds received under this section have been expended in accordance with the law and the Constitution, and file the same with the Director of the Highway Department. At the request of the Governor or the Budget Bureau or the Director of the State Highway Department, the State Auditor shall cause an audit to be made of any county to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such county in any future year.

F. Administrative Fees - Administration Truck Weight Program.
1968-69 _______________.________.-$

250,000.00

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OTHER
Section 48. Grants to Municipalities.
For grants to municipalities in accordance with the Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended.
1968-69 ,,_______________.____._________,,________._.____.$ 9,317,000.00

Provided, further, that a member of the governing authority of the municipality, designated by such author ity, shall execute an affidavit annually that funds received under this section have been expended in accordance with the law and the Constitution, and file the same with the State Treasurer. At the request of the Governor or the Budget Bureau or the Director of the State Highway De partment, the State Auditor shall cause an audit to be made of any municipality to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipality in any future year.
Section 49. Grants to Counties and Municipalities. A. Grants to counties.
1968-69 _________________...._......________________.$ 2,700,000.00
For grants to counties in accordance with the Act approved April 21, 1967 (Ga. Laws 1967, p. 888).
B. Grants to municipalities.
1968-69 _________.___._..__.................. ...............^ 4,700,000.00
For grants to municipalities in accordance with the Act approved April 21, 1967 (Ga. Laws 1967, p. 889).

PART IV MISCELLANEOUS
Section 50. Governor's Emergency Fund.

There is hereby appropriated as a General Emergency Fund for meeting expenses deemed emergencies by the Governor and to be expended by the Governor in his dis cretion in any emergency that he may determine requires expenditures of any part of said fund. Expenditures from this fund shall be made in accordance with other pro visions of State law and the Constitution.
1968-69 __________-__________________._______._______$

1,000,000.00

Section 51. In addition to these appropriations, there is hereby appropriated as needed, a specific sum of money

THURSDAY, FEBRUARY 15, 1968

1649

equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No wholesale distributor of gasoline shall be entitled to a refund covering shrinkage in the process of retailing gasoline as authorized by Act of Georgia General Assembly of 1947 (Ga. Laws 1947, p. 1115), by virtue of the said wholesale distributor being engaged in retailing gasoline.

Section 52. In accordance with the requirements of Article VII, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby ap propriated payable to each department, agency, or insti tution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act 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 appropriated for the fiscal year beginning July 1, 1968, and for each and every fiscal year thereafter, until all payments required under lease con tracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, 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.

The General Assembly declares that the sums hereby appropriated for lease rentals are to pay the general obligations of the State incurred under valid lease con tracts and such appropriations are to be paid from the General Funds of the State as a first charge upon General Funds.

Section 53. All expenditures and appropriations made and authorized under this Act shall be according to the objects and for the programs and activities as speci fied in the Governor's recommendations contained in the amended Budget Report submitted to the General As sembly at the regular 1968 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 and programs subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation, nor which would require operating funds or capital outlay funds, beyond the current biennium, and provided, further, that no funds whatsoever shall be transferred without the prior approval of at least eleven (11) members of the

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Fiscal Affairs Subcommittees of the Senate and House of Representatives 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 Au ditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expendi tures of any department, bureau, board, commission, insti tution, or other agency of the State show transfers made in violation of this section. In those cases in which the aforesaid Budget Report contains no recommendation by the Governor of expenditures as to objects, the Director of the Budget, except as to the legislative and judicial branches of the government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such alloca tion until such shall be submitted and approved in the same manner and under the same conditions provided hereinbefore for transfers.

Section 54. In the event it is determined by the Budget Bureau that the total funds in the State Treasury in the fiscal year in which appropriations are made in the foregoing sections of this Act are to be less than the amount needed to pay in full the specific appropriations authorized, the Director of the Budget is authorized and is hereby directed to make a pro rata reduction of the amount of each appropriation hereinbefore made, except authority lease rental funds and other constitutionally obligated funds, as provided by Georgia Code Section 40-418 (Ga. Laws 1962, p.17).

The amount of the appropriations so reduced as directed herein and as determined by the Budget Bureau shall cease to be an obligation of the State. Provided, further, the Budget Bureau is hereby directed to econ omize wherever possible and in the event any part of the appropriations provided in the foregoing sections of this Act shall be in excess of the actual approved budget allot ments for the fiscal year, the amounts so in excess as determined by the Budget Bureau shall cease to be an obligation of the State.

TOTAL APPROPRIATION 1968-69 ............-...-....---I 856,972,411.90.

Section 9. All laws and parts of laws in conflict with this Act are hereby repealed.

By unanimous consent, further consideration of HB 960 was postponed until tomorrow, February 16, 1968.

THURSDAY, FEBRUARY 15, 1968

1651

Mr. Busbee of the 79th moved that the House do now adjourn until 9:00 o'clock, tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 9:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia Friday, February 16, 1968

The House met pursuant to adjournment at 9:00 o'clock, A.M., this day and was called to order by the Speaker.

Prayer was offered by Rev. Bob Kicklighter, Pastor, Wrightsville Methodist Circuit, Wrightsville, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Mr. Black of the 56th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the calendar for today's business, February 16, 1968, and submits the following:
HB 960. General Appropriations Act.

FRIDAY, FEBRUARY 16, 1968

1653

HB 1035. Ordinaries' Retirement, Secretary.

The Speaker shall have the right to call the above Bills in any order which he may desire.
Respectfully submitted, Busbee of the 79th, Vice-Chairman.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

HB 1470. By Messrs. Cooper and Wood of the 16th, Edwards of the 57th, Ware of the 2nd, Shanahan of the 8th, Knapp of the 109th and others:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt shavings and sawdust from wood when used directly in tilling the soil or animal or poultry husbandry from the tax imposed by said Act; and for other purposes.
Referred to the Committee on Ways and Means.
HB 1471. By Mr. Black of the 56th:
A Bill to be entitled an Act to change the corporate limits of any munici pality in this State having a population of not less than 1,000 nor more than 1,400, located in any county having a population of not less than 7,370 nor more than 7,450; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1472. By Messrs. Palmer and Malone of the 117th:
A Bill to be entitled an Act to provide that no member, officer or mem ber of the board of trustees or directors of any unincorporated organi zation or association shall be personally liable for the indebtedness or obligations of any such organization or association unless such member or officer by his personal participation in the transactions which created such indebtedness or obligations has made himself responsible for such debt or obligations; and for other purposes.
Referred to the Committee on Industry.
HB 1473. By Mr. Leggett of the 21st:
A Bill to be entitled an Act to amend an Act creating the Paulding County Water Authority, so as to grant the Authority power to create and maintain a county-wide sewerage system; and for other purposes.
Referred to the Committee on Local Affairs.

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HR 681-1473. By Mr. Tucker of the 36th:
A Resolution proposing an amendment to Article VII, Section VII, Paragraph I of the Constitution, so as to authorize Henry County to incur an additional indebtedness for water and sewerage purposes and evidence same by the issuance of its general obligation water and sewerage bonds in an amount not to exceed 7% of all property within said county subject to taxation for bond purposes; and for other pur poses.
Referred to the Committee on Local Affairs.

HR 682-1473. By Messrs. Sullivan, Bennett and Barfield of the 95th:
A Resolution proposing an amendment to Article XI, Section I, Para graph VI of the Constitution so as to delegate to the respective govern ing authorities of the City of Valdosta and County of Lowndes authority to merge and consolidate, by joint resolution, and with or without an enabling act of the General Assembly; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1474. By Messrs. Howard and McDaniell of the 101st, Wilson and Henderson of the 102nd, Cooper of the 103rd and others:
A Bill to be entitled an Act to amend an Act creating the Civil and Criminal Court of Cobb County, so as to increase the jurisdiction of said court; to increase the authority and duties of the clerk of said court; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1475. My Messrs. Howard and McDaniell of the 101st, Wilson and Henderson of the 102nd, and Cooper of the 103rd:
A Bill to be entiled an Act to amend an Act amending, revising, consoli dating and superseding the several Acts incorporating the Town of Austell, so as to increase the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1476. By Mr. Lambros of the 130th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide that for the purpose of determining income taxes due the State of Geor gia that gross income shall not include compensation received by certain enlisted personnel for active service as a member below the grade of commissioned officer in the Armed Forces of the United States for any year; so as to provide that the provisions relating to enlisted personnel in the Armed Forces shall apply to commissioned officers; and for other purposes.
Referred to the Committee on Ways and Means.

FRIDAY, FEBRUARY 16, 1968

1655

HB 1477. By Messrs. Smith of the 114th, Jones of the 112th, Holder of the 70th, and Levitas of the 118th:
A Bill to be entitled an Act to amend Code Section 38-418, relating to confidential communications, so as to provide that communications be tween physician and patient shall be privileged; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HR 684-1477. By Mr. Dollar of the 89th:
A Resolution proposing an amendment to the Constitution so as to create The Decatur County-Bainbridge Industrial Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HR 685-1477. By Mr. Hargrett of the 77th: A Resolution compensating- Robert M. Fales; and for other purposes.
Referred to the Committee on Appropriations.

HR 686-1477. By Messrs. Fleming and Maxwell of the 106th, Sherman and De-
Long of the 105th, and Dent and Cheeks of the 104th: A Resolution proposing an amendment to the Constitution, so as to pro vide that the General Assembly shall have the power, by local act, to create, designate, vest powers and duties, set terms and compensation, establish functions, combine and consolidate municipal and county public agencies, departments, and governing authorities within Richmond County; and for other purposes.
Referred to the Committee on Local Affairs.
HR 687-1477. By Mr. Dickinson of the 27th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Douglas County to establish water, sanitation, sewerage and fire protection districts within the unincorpo rated areas of Douglas County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1478. By Mr. Wamble of the 90th:
A Bill to be entitled an Act to impose upon motor carriers a tax for the privilege of using the streets and highways of this State; to define for purposes of this Act "Commissioner", "Motor Carrier" "Motor Fuel", and "Operations"; to provide that the tax shall be equivalent to the then current motor fuel tax per gallon calculated on the amount of motor fuel used by such motor carrier in its operations on the streets and highways of this State; and for other purposes.
Referred to the Committee on Ways and Means.

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JOURNAL OF THE HOUSE,

HB 1479. By Messrs. Barfield of the 95th, Johnson of the 40th, Harris of the 14th, Cole of the 3rd, Ross of the 31st, Leonard of the 3rd, Ross of the 31st, Anderson of the 71st and others:
A Bill to be entitled an Act to provide for the establishment of standards of construction for manufactured homes; and for other purposes.
Referred to the Committee on Motor Vehicles.

HR 709-1479. By Mr. Smith of the 54th:
A Resolution approving an amendment dated the 15th day of February, 1968, to the lease contract dated the 12th day of January, 1960, entered into between the Western and Atlantic Railroad Commission and City Center, Incorporated; and for other purposes.
Referred to the Committee on State Institutions & Property.

HR 710-1479. By Mr. Ballard of the 37th: A Resolution compensating Irene Thompson; and for other purposes.
Referred to the Committee on Appropriations.

HR 711-1479. By Mr. Threadgill of the 32nd:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that the proceeds of a particular tax be allocated to counties, municipalities and local school systems; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1480. By Messrs. Gaynor of the 114th, Funk of the 116th, Richardson of the 116th, Gignilliat of the 113th and Berry of the 113th:
A Bill to be entitled an Act to supplement the salaries of the judges of the superior court of the Eastern Judicial Circuit of Georgia, which lies wholly within the County of Chatham, by an additional sum of $2,400 to be paid by the commissioners of Chatham County in addition to that now provided by the Constitution and the laws of this State; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1481. By Mr. Dodson of the 107th:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Macon, so as to change the time the mayor and aldermen shall take office; and for other purposes.
Referred to the Committee on Local Affairs.

FRIDAY, FEBRUARY 16, 1968

1657

HB 1482. By Mr. Black of the 56th:
A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court and the Ordinary in Stewart County, so as to provide that all fees, costs or other emoluments of each of said officers shall become the property of the county; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1483. By Mr. Black of the 56th:
A Bill to be entitled an Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, so as to provide that no person who is 15 years of age or younger shall hunt deer in this State, unless such person is under the direct supervision of an adult; and for other purposes.
Referred to the Committee on Game and Fish.

HB 1484. By Mr. Black of the 56th:
A Bill to be entitled an Act to increase the compensation of the tax commissioner of Stewart County to provide that all fees, costs or other emoluments of the tax commissioner shall become the property of the county, with certain exceptions; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1485. By Mr. Black of the 56th:
A Bill to be entitled an Act to amend an Act abolishing the present method of compensating the Sheriff of Stewart County known as a fee system and providing in lieu thereof an annual salary, so as to change the salary of said Sheriff; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1486. By Messrs. Johnson of the 40th and Ross of the 31st:
A Bill to be entitled an Act to abolish the present mode of compensating the Solicitor General of the Toombs Judicial Circuit known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
Referred to the Committee on Local Affairs.

HR 712-1486. By Mr. Farmer of the 29th:
A Resolution compensating Miss Marie Yvette Contine; and for other purposes.
Referred to the Committee on Appropriations.

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JOURNAL OP THE HOUSE,

HB 1487. By Mr. Smith of the 54th:
A Bill to be entitled an Act to amend an Act incorporating the City of Swainsboro, so as to increase the corporate limits, to change the provi sions relative to the registration of voters and to change the method of conducting municipal elections; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1488. By Mr. Smith of the 54th:
A Bill to be entitled an Act to amend an Act incorporating the City of Twin City, so as to change the provisions relative to registration of voters and the conducting of municipal elections; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1489. By Mr. Caldwell of the 51st:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt from the taxes imposed by said Act the sale of commercially raised fry and fingerling channel catfish for the purpose of stocking fish ponds and the sale of feed used exclusively in raising and producing such catfish; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1490. By Mr. Mullinax of the 42nd:
A Bill to reincorporate the City of LaGrange in the County of Troup; to create a new Charter for said City; to provide its corporate limits, and for other purposes.
Referred to the Committee on Local Affairs.

By unanimous consent, the rules v/ere suspended in order that the following Bills and Resolution of the House could be introduced, read the first time and referred to the committees:

HB 1511. By Messrs. Threadgill and Wiggins of the 32nd:
A Bill to be entitled an Act to amend Code Section 67-108, relating to registry of mortgages and security deeds on property of railroads and public utilities, so as to include corporations or entities engaging in the furnishing of telephone service or the production, transmission or distri bution of electricity within the provisions of said code section; and for other purposes.
Referred to the Committee on Judiciary.

FRIDAY, FEBRUARY 16, 1968

1659

HB 1512. By Messrs. Threadgill and Wiggins of the 32nd:
A Bill to be entitled an Act to amend the "Uniform Commercial CodeSecured Transactions", so as to exempt from the filing provisions of said chapter security interest in property of corporations and other entities engaged in the furnishing of telephone service or the production, trans mission or distribution of electricity; and for other purposes.
Referred to the Committee on Judiciary.

HR 713-1512. By Mr. Cook of the 123rd:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of the City of Atlanta to establish an historic zone within a designated area of the city; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1513. By Mr. Carnes of the 129th: A Bill to be entitled an Act to re-establish a Local Education Commission in Atlanta and Fulton County to continue the study of the desirability of combining the school systems of Fulton County and of the City of Atlanta, including the portion thereof lying in DeKalb County; and for other purposes.
Referred to the Committee on Local Affairs.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 1454. By Mr. Floyd of the 7th: A Bill to be entitled an Act to amend an Act placing the sheriff of Chattooga County upon an annual salary, so as to change the compensa tion of the chief deputy, one deputy sheriff and the jailer; and for oter purposes.

HB 1455. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Chattooga County into the office of Tax Commis sioner of Chattooga County; and for other purposes.

HB 1456. By Mr. Parris of the 96th:
A Bill to be entitled an Act to amend an Act changing the mode of com pensating the clerk of the superior court, the ordinary, and the tax com-

1660

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missioner of Cook County from the fee system to the salary system, so as to increase the salary of the ordinary of said county; and for other purposes.

HB 1457. By Mr. Jordan of the 82nd:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the clerk of the superior court, the ordinary, and the tax commissioner of Coffee County and providing in lieu thereof salaries, so as to change the maximum compensation allowable to the clerk of the Sheriff of Coffee County; and for other purposes.

HB 1458. By Mr. Malone of the 117th:
A Bill to be entitled an Act to amend an Act creating and establishing the civil and criminal court of DeKalb County, so as to provide the salaries of the solicitor; and for other purposes.

HE 675-1458. By Mr. Floyd of the 7th:
A Resolution proposing an amendment to the Constitution, so as to change the manner of election and terms of office of the members of the Board of Education of Chattooga County; and for other purposes.

HR 676-1458. By Mr. Floyd of the 7th: A Resolution proposing an amendment to the Constitution so as to pro vide that the proceeds of ad valorem taxes collected on motor vehicles by Chattooga County may be used by the governing authority of said county in the same calendar year in which such taxes are collected; and for other purposes.
HR 677-1458. By Messrs. Floyd of the 7th, Busbee of the 79th, Smith of the 114th, Longino of the 122nd, Wiggins of the 32nd and Moore of the 20th: A Resolution proposing an amendment to the Constitution so as to pro vide that no change in the compensation for certain officers shall become effective during the term of such officers; and for other purposes.
HB 1459. By Messrs. Rowland and Joiner of the 48th: A Bill to be entitled an Act to amend an Act placing the sheriff of Wash ington County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes.
HB 1460. By Mr. Colwell of the 5th: A Bill to be entitled an Act to change the present method of compensat ing the sheriff of Union County; and for other purposes.

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1661

HB 1461. By Mr. Harris of the 85th:
A Bill to be entitled an Act to amend the charter of the City of Bruns wick, so as to provide specific requirements relating to the publications of ordinances, by-laws and resolutions, which are adopted for the purpose of raising revenue, before the same shall become effective; and for other purposes.

HB 1462. By Mr. Jones of the 76th:
A Bill to be entitled an Act to amend the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to make certain transactions the equivalent of a retail sale under said Act; and for other purposes.

HB 1463. By Messrs. Vaughn, Malone and Palmer of the 117th, Harris and Levitas of the 118th, Westlake and Davis of the 119th and Ballard of the 37th:
A Bill to be entitled an Act to provide for a change in the holding of the terms of the Superior Courts of the Stone Mountain Judicial Circuit; and for other purposes.

HB 1464. By Mr. Jordan of the 82nd:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Nicholls, so as to change the maximum amount of compen sation of the Mayor and Alderman of the City of Nicholls; and for other purposes.

HR 678-1464. By Mr. Bowen of the 69th:
A Resolution proposing an amendment to the Constitution so as to create the Dooly County Industrial Development Authority; and for other purposes.

HB 1465. By Messrs. Russell and Oglesby of the 92nd:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Boston in the County of Thomas, so as to provide for a change in the election of a marshal, who shall also be chief of police, from an election by the qualified voters to an election by the mayor and council of the City of Boston; and for other purposes.

HR 679-1465. By Messrs. Carnes of the 129th, Adams of the 125th, Dillon of the 128th, Lane of the 126th, Brantley of the 139th and others:
A Resolution proposing an amendment to the Constitution, so as to pro vide the procedure where taxes other than ad valorem taxes may be levied in Fulton County; and for other purposes.

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HB 1466. By Messrs. Graves, Lowrey and Starnes of the 13th:
A Bill to be entitled an Act to amend an Act establishing a Merit System for the Government of Floyd County, so as to include certain employees of the Office of the Solicitor General; and for other purposes.

HR 680-1466. By Messrs. Levitas, Walling and Farrar of the 118th:
A Resolution creating the Constitution Revision Commission, calling a Constitution Convention and providing for the procedure and other mat ters relative thereto; and for other purposes.

HB 1467. By Messrs. Malone, Palmer, Smith and Vaughn of the 117th, Westlake, Higginbotham, Davis and Jenkins of the 119th:
A Bill to be entitled an Act to amend an Act supplementing the exist ing laws of this State which enable DeKalb County to exercise the powers of planning zoning and rezoning, so as to improve, clarify and make more complete the methods and procedures for the regulation of zoning and rezoning and ways setting the use to which land and/or the improve ments thereon may be lawfully put; and for other purposes.

HB 1468. By Mr. Steis of the 100th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Talbot County, so as to change the compensation of the tax commissioner; and for other purposes.

HB 1469. By Mr. Steis of the 100th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Tal bot County upon an annual salary, so as to provide for additional depu ties, their compensation and method of payment; and for other purposes.

SB 41. By Senators Hall of the 52nd and Broun of the 46th:
A Bill to be entitled an Act to provide that the State of Georgia shall be a party to the "Compact for Education"; to enact said compact into law; to provide for the appointment of the Georgia members of the Edu cation Commission of the States; and for other purposes.
SB 117. By Senators Flowers of the 10th, Searcey of the 2nd, Carter of the 14th and others:
A Bill to be entitled an Act to amend Code Section 56-2413 of the Geor gia Insurance Code, relating to the contents of policies in general; and for other purposes.

FRIDAY, FEBEUARY 16, 1968

1663

SB 190. By Senators Smith of the 34th and Johnson of the 28th:
A Bill to be entitled an Act to amend an Act entitled "An Act to create and establish for counties having a population of 300,000 or more inhabi tants a county planning commission and board of zoning appeals . . ." so as to eliminate the exception to undertaking establishments, cemeteries and mausoleums in residential or apartment areas for the use which may be permitted under the special use permit provisions, thus permitting such use under the provisions of this Act, as amended; and for other purposes.

SB 316. By Senator Kidd of the 25th: A Bill to be entitled an Act to amend an Act providing for additional points for certain applicants taking examinations given by any examin ing board or commission whose records are maintained by the Joint Secretary, State Examining Boards, so as to provide for an additional class of applicants; and for other purposes.
SB 354. By Senators Hensley of the 33rd and Chapman of the 32nd:
A Bill to be entitled an Act to create the Governmental Reorganization Study Commission of Cobb County to study the governments of Cobb County and the municipalities located therein for the purpose of improv ing such governments and providing greater efficiency and economy; and for other purposes.
SB 355. By Senators Hensley of the 33rd and Chapman of the 32nd:
A Bill to be entitled an Act to amend an Act creating a system of public schools for the City of Marietta, so as to provide that the Board of Edu cation of the City of Marietta shall be authorized to sell, lease or rent real or personal property owned by said Board of Education; and for other purposes.
SB 357. By Senator Kilpatrick of the 44th:
A Bill to be entitled an Act to amend an Act authorizing judges of superior courts of the State of Georgia to request judges emeritus to serve and preside in the superior court of the judicial circuit of the judge making the request; and for other purposes.

SB 359. By Senators Conway of the 41st and Johnson of the 42nd:
A Bill to be entitled an Act to amend Code Title 34, known as the Georgia Election Code, so as to prohibit certain political activities; so as to pro vide that such activities shall be known as unlawful campaign practices; and for other purposes.

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SR 178. By Senator Kidd of the 25th:
A Resolution creating a committee to monitor the progress of the Uni form Consumer Credit Code; and for other purposes.

Mr. Smith of the 3rd District, Chairman of the Committee on Hygiene and Sanitation submitted the following report:
Mr. Speaker:
Your Committee on Hygiene and Sanitation has had under consideration the following Bills of the House and has instructed me as Chairman to report the same back to the House with the following recommendations:
HB 1167. Do Pass as Amended. HB 863. Do Pass by Committee Substitute. HB 1292. Do Pass. HB 1328. Do Pass. HB 1068. Do Pass. HB 1085. Do Not Pass. HB 1361. Do Pass as Amended.
Respectfully submitted, Smith of the 3rd Chairman

Mr. Clarke of the 45th District, Chairman of the Committee on Local Affairs submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1428. Do Pass. HB 1429. Do Pass. HB 1454. Do Pass. HB 1455. Do Pass. HB 1456. Do Pass. HB 1457. Do Pass. HB 1459. Do Pass. HB 1460. Do Pass.

FRIDAY, FEBRUARY 16, 1968

1665

HB 1464. Do Pass. HB 1465. Do Pass. HB 1467. Do Pass. HB 1468. Do Pass. HB 1469. Do Pass. HR 667-1435. Do Pass. HR 668-1435. Do Pass. HB 1395. Do Pass.

Respectfully submitted, Clarke of the 45th Chairman

Mr. Busbee of the 79th District, Vice-Chairman of the Committee on Rules submitted the following report:

Mr. Speaker:

Your Committee on Rules has had under consideration the following Resolu tion of the House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:

HR 600-1247. Do Pass.

Respectfully submitted, Busbee of the 79th Vice-Chairman.

Mr. McCracken of the 49th District, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the follow ing Bills and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 677-1458. Do Pass. HB 1229. Do Pass by Substitute. HB 1397. Do Pass. HB 1394. Do Pass. HB 1393. Do Pass.
Respectfully submitted,
McCracken of the 49th
Chairman

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JOURNAL OP THE HOUSE,

The following message was received from the Senate through Mr. McWhorter the Secretary thereof:

Mr. Speaker:

The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate and House, to-wit:

SR 149. By Senator Smith of the 18th:
A Resolution proposing an amendment to the Constitution, so as to authorize the submission of a proposal by the General Assembly for a new Constitution; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

SR 205. By Senator Webb of the llth:
A Resolution proposing an amendment to the Constitution, so as to pro vide for meetings of the General Assembly; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

SR 207. By Senator Hall of the 52nd:
A Resolution proposing an amendment to the Constitution so as to pro vide for staggered terms for the members of the County Board of Edu cation of Floyd County; and for other purposes.

SR 209. By Senator Minish of the 48th: A Resolution proposing an amendment to the Constitution so as to create the Jackson County Industrial Development Authority; and for other purposes.
HR 386-880. By Messrs. Chandler and Harrington of the 47th: A Resolution proposing an amendment to the Constitution, so as to create the Milledgeville-Baldwin County Industrial Development Authority.

HR 407-912. By Hall of the 67th:
A Resolution proposing an amendment to the Constitution so as to create the Lee County Development Authority; and for other purposes.

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1667

HR 412-917. By Mr. Clarke of the 45th:
A Resolution proposing an amendment to the Constitution so as to create the Butts County Industrial Authority; and for other purposes.

HR 447-973. By Mr. Anderson of the 71st:
A Resolution proposing an amendment to the Constitution so as to create the Pulaski County-Hawkinsville Development Authority.

HR 559-1220. By Messrs. Harris, Levitas, Farrar and Walling of the 118th:
A Resolution proposing an amendment to the Constitution so as to author ize the City of Decatur in the County of DeKalb to issue and sell revenue anticipation obligations subject to certain provisions of the Act approved March 31, 1937; and for other purposes.

HR 593-1241. By Messrs. Lee, Gary and Northcutt of the 35th:
A Resolution proposing an amendment to the Constitution so as to author ize the governing authority of Fayette County to establish water, sewer age and fire protection districts in Fayette County.

HR 606-1295. By Mr. Roach of the 15th: A Resolution proposing an amendment to the Constitution so as to create the Cherokee County Airport Authority; and for other purposes.
HR 607-1295. By Messrs. Odom, Busbee, Hutchinson and Lee of the 79th: A Resolution proposing an amendment to the Constitution so as to dele gate to the respective governing authority of the City of Albany and County of Dougherty authority to merge and consolidate.
HR 611-1301. By Messrs. Wilson and Henderson of the 102nd, Howard of the 101st and Cooper of the 103rd: A Resolution proposing an amendment to the Constitution so as to pro vide that certain residents of the City of Acworth who are 62 years of age or over, or who are totally disabled, shall be granted a homestead exemption of $2,000 from ad valorem taxation by said City.
The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House, to wit:
HB 999. By Messrs. Williams, Wood and Cooper of the 16th: A Bill to amend the Uniform Act Regulating Traffic on Highways, so as to provide that if a vehicle is being driven at a speed less than at normal

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JOURNAL OF THE HOUSE,

speed of traffic moving in the same direction at such time, it shall con stitute prima facie evidence that the driver is operating the vehicle in violation of Article VII, Section 55, Subsection (b) of this Act.

HB 1159. By Messrs. Williams of the 16th, Johnson of the 40th, Nimmer of the 84th, and others:
A Bill to amend an Act providing for the chaining or cabling of loads of pulpwood, logs and lumber transported on the public highways of this State, so as to change the number of chains or cables which secure pulpwood to the vehicles on which it is being transported; and for other purposes.

HB 913. By Mr. Clarke of the 45th: A Bill to amend an Act placing the Sheriff of Butts County on an annual salary, so as to change the compensation o fthe deputy sheriffs; and for other purposes.
The Senate has adopted, as amended, by the requisite constitutional majority the following Resolutions of the House, to-wit:
HR 377-853. By Mr. Johnson of the 25th: A Resolution proposing an amendment to the Constitution to recreate the Elbert County Industrial Building Authority; and for other purposes.
HR 406-912. By Mr. Howell of the 86th: A Resolution proposing an amendment to the Constitution so as to create the Early County Development Authority; and for other purposes.
HR 421-932. By Mr. Dailey of the 66th: A Resolution proposing an amendment to the Constitution so as to create the Quitman County Industrial Development Authority; and for other purposes.
HR 453-1002. By Mr. Jordan of the 78th: A Resolution proposing an amendment to the Constitution so as to create The Clay County Development Authority; and for other purposes.
HR 475-1020. By Mr. Black of the 56th: A Resolution proposing an amendment to the Constitution so as to create the Chattahoochee County Industrial Development Authority; and for other purposes.

FRIDAY, FEBRUARY 16, 1968

1669

HR 476-1020. By Mr. Black of the 56th:
A Resolution proposing an amendment to the Constitution so as to create the Stewart County Industrial Development Authority; and for other purposes.

HR 484-1037. By Mr. Rush of the 75th:
A Resolution proposing an amendment to the Constitution so as to create the Tattnall County Industrial Development Authority; and for other purposes.

HR 485-1050. By Mr. Jordan of the 78th: A Resolution proposing an amendment to the Constitution, so as to create the Calhoun County Development Authority; and for other purposes.
HR 487-1050. By Messrs. Pickard, Jones and Buck of the 112th, and others: A Resolution proposing an amendment to the Constitution, so as to pro vide for the creation of the Muscogee County Airport Commission as a Constitutional commission; and for other purposes.
HR 504-1093. By Mr. Shuman of the 65th: A Resolution proposing an amendment to the Constitution, so as to create the Bryan County Industrial Development Authority; and for other purposes.
HR 543-1183. By Mr. Holder of the 70th: A Resolution proposing an amendment to the Constitution so as to create the Dodge County-Eastman Development Authority; and for other purposes.

HR 545-1196. By Mr. Steis of the 100th: A Resolution proposing an amendment to the Constitution so as to create the City of Woodland Development Authority; and for other purposes.
HR 548-1200. By Mr. Ross of the 31st: A Resolution proposing an amendment to the Constitution so as to create the Lincolnton and Lincoln County Development Authority; and for other purposes.

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HR 557-1216. By Messrs. Blalock and Potts of the 33rd:
A Resolution proposing an amendment to the Constitution so as to create the Coweta County School System by merging the county school system of Coweta County and the independent school system of the City of Newnan; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House, to-wit:

SB 282. By Senator Johnson of the 38th:
A Bill to fix the compensation of ordinaries in counties having a popula tion of more than 500,000 according to the last or any future Federal decennial census; to repeal conflicting laws; and for other purposes.
SB 312. By Senators Sells of the 37th, Ward of the 39th, Smith of the 34th and others:
A Bill to amend an Act entitled an Act to consolidate the offices of Tax Receiver of Fulton County and of Tax Collector of Fulton County into the office of Tax Commissioner of Fulton County; and for other purposes.

SB 350. By Senator Pennington of the 45th:
A Bill to require the manufacturer of any new non-commercial aircraft delivered to a buyer in this State to furnish and install free, equivalent equipment to replace any equipment which has malfunctioned as a result of defective workmanship; and for other purposes.
SB 360. By Senator Smalley of the 28th:
A Bill to amend Section 59-106 of the Code of Georgia of 1933, as amended, relating to the revision of jury lists and the method whereby Jury Commissioners choose grand and traverse jurors; to repeal con flicting laws; and for other purposes.
SB 369. By Senators Searcey of the 2nd, Gardner of the 1st, Chapman of the 32nd and others.
A Bill to provide that the Director of the Department of Corrections submit a list of prison-made products to the Supervisor of Purchases; to provide that the Supervisor of Purchases shall fill from this list; and for other purposes.

HB 813. By Mr. Dean of the 20th:
A Bill to amend an Act providing for the removal and storage at the owner's expense of unauthorized vehicles found in private parking areas,

FRIDAY, FEBRUARY 16, 1968

1671

so as to provide that any person entitled to the possession of any real property shall be entitled to remove and store, any vehicle parked thereon not authorized to be parked at the place where it is found; and for other purposes.

HB 914. By Mr. Clarke of the 45th: A Bill to amend an Act placing the clerk of the Superior Court of Butts County on an annual salary, so as to provide for the employment of addi tional personnel within the clerk's office; and for other purposes.
HB 991. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, and others. A Bill to amend an Act pertaining to reimbursement to the Department of Law by the State Highway Department for certain legal services, so as to provide for reimbursement to the Department of Law for legal fees for services by any Assistant Attorney General or Deputy Assistant Attorney General to perform specific items of legal work in connection with contract lawsuits; and for other purposes.
HB 1137. By Mr. Clarke of the 45th: A Bill to amend an Act changing the compensation of the tax collector of Butts County from the fee system to a system whereby such tax collec tor shall be entitled to certain commissions and a salary; and for other purposes.
HB 1151. By Mr. Smith of the 44th: A Bill to change the terms of the superior court of Pike County; and for other purposes.
HB 1181. By Messrs. Lee, Gary and Northcutt of the 35th: A Bill to amend an Act adding one additional judge to the superior court of the Clayton Judicial Circuit, so as to clarify the provisions relating to terms of office; and for other purposes.

HB 1192. By Messrs. Brown and Melton of the 34th:
A Bill to amend an Act consolidating the office of Tax Receiver and Tax Collector of Spalding County and creating the office of County Tax Commissioner of Spalding County; and for other purposes.

HB 1215. By Messrs. Cole and Smith of the 3rd:
A Bill to amend an Act amending the charter of the City of Dalton, so as to incorporate in said city certain parts of certain Land Lots; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 1218. By Mr. Moate of the 39th:
A Bill to create and establish a Small Claims Court in each county having a population of not less than 9,977 and not more than 10,140; and for other purposes.

HB 1228. By Messrs. Caldwell of the 51st, Lee, Gary and Northcutt of the 35th; Melton and Brown of the 34th:
A Bill to amend an Act providing a salary for the official court reporter of the Griffin Judicial Circuit, so as to change the salary of said court reporter; and for other purposes.

HB 1249. By Mr. Doster of the 73rd:
A Bill to provide that the members of the Telfair County Hospital Authority shall be appointed by the Telfair County Grand Jury; and for other purposes.

HB 1250. By Mr. Doster of the 73rd:
A Bill to amend an Act creating a new charter for the City of McRae, so as to change the corporate limits; and for other purposes.

HB 1251. By Messrs. Cole and Smith of the 3rd: A Bill to amend an Act amending, revising, superseding and consolidat ing the laws pertaining to the governing authority of Whitfield County and creating a Board of Commissioners of Roads and Revenues, so as to change the compensation of the Board; and for other purposes.
HB 1254. By Mr. Ross of the 31st: A Bill to amend an Act placing the sheriff of Taliaferro County on an annual salary, so as to change the compensation of the sheriff; and for other purposes.
HB 1255. By Mr. Ross of the 31st: A Bill to amend an Act relating to the Board of Commissioners of Talia ferro County, so as to change the compensation of the members of the Board other than the chairman; and for other purposes.
HB 1257. By Messrs. Harris, Parrar, Walling and Levitas of the 118th, and others: A Bill to amend an Act authorizing the establishing of a merit system for employees of DeKalb County, so as to provide that there shall be no discrimination in certain cases; and for other purposes.

FRIDAY, FEBRUARY 16, 1968

1673

HB 1261. By Mr. Holder of the 70th:
A Bill to amend an Act establishing an new charter for the City of Milan, so as to extend the corporate limits of said City; and for other purposes.

HB 1262. By Mr. Holder of the 70th:
A Bill to amend an Act creating a new charter for the City of Eastman, so as to provide a time for the opening and closing of polls; and for other purposes.

HB 1265. By Mr. Collins of the 62nd:
A Bill to consolidate the offices of tax receiver and tax collector of Toombs County into the office of the tax commissioner; and for other purposes.

HB 1266. By Mr. Collins of the 62nd:
A Bill to amend an Act incorporating the City of Lyons, so as to provide for qualifications for office of Mayor and Councilmen; and for other purposes.

HB 1271. By Mr. Bowen of the 69th:
A Bill to amend an Act placing the Clerk of the Superior Court, the Sheriff and the Ordinary of Dooly County on an annual salary; and for other purposes.

HB 1272. By Mr. Collins of the 62nd.
A Bill to abolish the present mode of compensating the Clerk of the Superior Court, the Ordinary, the Tax Collector and the Tax Receiver of Toombs County, known as the fee system; to provide in lieu thereof annual salaries for such officers; and for other purposes.

HB 1273. By Mr. Bowen of the 69th:
A Bill to create the Small Claims Court of Dooly County; and for other purposes.

HB 1274. By Mr. Collins of the 62nd:
A Bill to amend an Act entitled "An Act to place the Sheriff of Toombs County upon an annual salary in lieu of the fee system of compensa tion", so as to change the salary of the Sheriff of Toombs County; and for other purposes.

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JOURNAL OP THE HOUSE,

HB 1281. By Mr. Lambert of the 38th:
A Bill to amend an Act placing certain county officers of Greene County on a salary basis, so as to change the compensation of the sheriff, the clerk of the superior court, and the ordinary of Greene County; and for other purposes.

HB 1285. By Mr. Lambert of the 38th:
A Bill to amend an Act creating the Board of Commissioners of Roads and Revenues in and for Greene County, so as to change the compensa tion of the Chairman and members; and for other purposes.

HB 1288. By Mr. Lambert of the 38th:
A Bill to amend an Act consolidating the offices of tax receiver and tax collector of Greene County into the one office of tax commissioner; and for other purposes.

HB 1295. By Mr. Wells of the 30th: A Bill to amend an Act incorporating the Town of North High Shoals in the County of Oconee and State of Georgia, so as to change the corpo rate limits of said Town; and for other purposes.
HB 1297. By Mr. Phillips of the 41st: A Bill to empower the governing authority of Columbia County to con struct or repair streets and sidewalks and to lay curbing, water and sewer mains and to assess the cost thereof against the abutting property owners; and for other purposes.
HB 1298. By Mr. Bray of the 43rd: A Bill to amend an Act placing the compensation of the Sheriff, the Clerk of the Superior Court, the Ordinary and the Coroner of Meriwether County on a salary basis; and for other purposes.

HB 1299. By Mr. Bray of the 43rd:
A Bill to amend an Act entitled "An Act to amend an Act incorporating the City of Manchester", so as to authorize the commissioners for the City of Manchester to adopt ordinances providing for all rules and regu lations to govern municipal elections; and for other purposes.

HB 1304. By Mr. Johnson of the 40th:
A Bill to amend an Act fixing the salary of the treasurer of Glascock County, so as to change the compensation of the treasurer; and for other purposes.

FRIDAY, FEBRUARY 16, 1968

1675

HB 1306. By Mr. Johnson of the 40th:
A Bill to amend an Act consolidating the offices of tax receiver and tax collector of Glascock County into the office of tax commissioner of Glascock County, so as to change the compensation of the tax commissioner; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:

HB 981. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th; and others.
A Bill to amend an Act entitled "An Act to make it unlawful to park or leave unattended any vehicle upon the right-of-way of any State high way for over 48 hours"; and for other purposes.

HB 1105. By Mr. Snow of the 1st:
A Bill to incorporate the City of Lookout Mountain; and for other purposes.

HB 1160. By Mr. Snow of the 1st:
A Bill to amend an Act incorporating the City of Rossville, so as to pro vide for the appointment of a chief of the fire and police departments of the City of Rossville by the Mayor and Council; and for other purposes.

HB 1161. By Mr. Snow of the 1st:
A Bill to amend an Act incorporating the City of Rossville, so as to establish a recorder's court; and for other purposes.

HB 1162. By Mr. Snow of the 1st:
A Bill to amend an Act incorporating the City of Rossville, so as to change the compensation of the mayor and councilmen; to change the compensation of the tax assessor; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit:

SB 353. By Senators Johnson of the 42nd, Sells of the 37th, Ward of the 39th, Stephens of the 36th, Maclntyre of the 40th, Coggin of the 35th and Conway of the 41st:

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JOURNAL OF THE HOUSE,

A Bill to amend an act known as the "Metropolitan Atlanta Rapid Tran sit Authority Act of 1965," approved March 10, 1965 (Ga. Laws 1965, p. 2243), as amended, particularly by an act approved March 4, 1966 (Ga. Laws 1966, p. 3264), so as to clarify what costs may be capitalized as costs of a rapid transit system or project; to repeal conflicting laws; and for other purposes.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:

SB 282. By Senator Johnson of the 38th:
A Bill to be entitled an Act to fix the compensation of ordinaries in counties having a population of more than 500,000; and for other purposes.
Referred to the Committee on Local Affairs.
SB 312. By Senators Sells of the 37th, Ward of the 39th, Smith of the 34th, and others:
A Bill to be entitled an Act to amend an Act to consolidate the offices of Tax Receiver of Fulton County and of Tax Collector of Fulton County into the office of Tax Commissioner of Fulton County; and for other purposes.
Referred to the Committee on Local Affairs.
SB 350. By Senator Pennington of the 45th:
A Bill to he entitled an Act to require the manufacturer of any new noncommerical aircraft delivered to a buyer in this State to furnish and install free, within 30 days of notice, equivalent equipment to replace any equipment in such aircraft which has malfunctioned as a result of defec tive workmanship; and for other purposes.
Referred to the Committee on Industry.

SB 353. By Senators Johnson of the 42nd, Minish of the 48th, Sells of the 37th, and others:
A Bill to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", so as to clarify what costs may be capitalized as costs of a rapid transit system or project; and for other purposes.
Referred to the Committee on Judiciary.
SB 360. By Senator Smalley of the 28th:
Bill to be entitled an Act to amend Section 59-106 of the Code of Georgia, relating to the revision of jury lists and the method whereby jury com missioners choose grand and traverse jurors; and for other purposes.
Referred to the Committee on Judiciary.

FRIDAY, FEBRUARY 16, 1968

1677

SB 369. By Senators Searcey of the 2nd, Gardner of the 1st, Chapman of the 32nd and others:
A Bill to be entitled an Act to provide that the Director of the Depart ment of Corrections submit a list of prison-made products to the Super visor of Purchases; and for other purposes.
Referred to the Committee on State Institutions & Property.

SR 149. By Senator Smith of the 18th:
A Resolution proposing an amendment to the Constitution, so as to authorize the submission of a proposal by the General Assembly for a new Constitution; and for other purposes.
Referred to the Committee on State of Republic.

SR 205. By Senator Webb of the llth:
A Resolution proposing an amendment to the Constitution, so as to pro vide for meetings of the General Assembly; and for other purposes.
Referred to the Committee on State of Republic.

SR 207. By Senator Hall of the 52nd:
A Resolution proposing an amendment to the Constitution so as to pro vide for staggered terms for the members of the County Board of Edu cation of Floyd County; and for other purposes.
Referred to the Committee on Local Affairs.

SR 209. By Senator Minish of the 48th:
A Resolution proposing an amendment to the Constitution so as to create the Jackson County Industrial Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.

By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 1096. By Messrs. Dollar and Cato of the 89th:
A Bill to be entitled an Act to provide for the election of the members of the Board of Education of Decatur County; and for other purposes.

The following Committee substitute was read and adopted:

1678

JOURNAL OP THE HOUSE,

A BILL

To be entitled an Act To provide for the election of the members of the Board of Education of Decatur County; to provide for post positions; to provide the manner of electing members to the Board; to provide for qualifications, compensation and terms of office of the members of the Board; to provide for filling vacancies; to provide for the election of a chairman and other officers of the Board by the members; to provide for the appointment of the County School Superintendent of Decatur County by the Board; to provide for his qualifications, compensation and term of office; to provide for all matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: GEORGIA:

SECTION 1

The Board of Education of Decatur County shall be composed of five members to be elected as hereinafter provided. For the purpose of electing members of the Board of Education of Decatur County, the posi tions on the Board of Education shall be numbered Posts 1 through 5, respectively. Any person offering as a candidate for a position on the Board at the time of his qualification shall specifically designate the particular post for which he is offering as a candidate.

Post Number One shall be that position on the Board presently occupied by Mr. Ed Mitchell or his successor, and he or his successor shall continue to serve until December 31, 1968, and until his successor is duly elected and qualified.

Post Number 2 shall be that position on the Board presently occu pied by Mr. R. T. Parker, III or his successor, and he or his successor shall continue to serve until December 31, 1970, and until his successor is duly elected and qualified.

Post Number 3 shall be that position on the Board presently occu pied by Mr. Ramsey Simmons, Jr. or his successor, and he or his successor shall continue to serve until December 31, 1972, and until his successor is duly elected and qualified.

Post Number 4 shall be that position on the Board presently occu pied by Mr. Bryon Johnson or his successor, and he or his successor shall continue to serve until December 31, 1972, and until his successor is duly elected and qualified.
Post Number 5 shall be that position on the Board presently occu pied by Mr. R. 0. Wheeler or his successor, and he or his successor shall continue to serve until December 31, 1972, and until his successor is duly elected and qualified.
Successors to the above members of the Board of Education shall be elected in the general election which shall be conducted in that year in

FRIDAY, FEBRUARY 16, 1968

1679

which their respective terms of office shall expire, and they shall take office on the first day of January following their election. The initial member elected to represent Post Number 1 shall be elected for a term of office of two years and until his successor is duly elected and qualified. Candidates elected to represent Post Number 1 and Post Number 2 at the general election in 1970 shall serve for terms of office of four years each and until their successors are duly elected and qualified. Candidates elected to represent Post Number 3, Post Number 4 and Post Number 5 at the general election in 1972 shall serve for terms of office of four years each and until their successors are duly elected and qualified. Thereafter, successors to the initial members of the Board of Education of Decatur County elected as herein provided shall serve for terms of office of four years each and until their successors are duly elected and qualified.

SECTION 2

To be eligible to serve as a member of the Board of Education, a candidate must be at least 21 years of age, a freeholder, and shall have been a resident of the county for at least one year immediately preceding the date of the election. The members of the Board of Education shall be elected by the voters of the entire county. To be elected as a member of the Board, a candidate must receive the highest number of votes cast and, at the same time, he must receive a majority of the total votes cast.

SECTION 3

At the first meeting of the Board which is conducted in January of each year, the Board shall elect one of its members as chairman and such other officers as it shall determine. Three members of the Board shall constitute a quorum for the transaction of any business which may come before the Board. All members of the Board shall be compensated in the amount of $20.00 for each meeting actually attended, plus the necessary expenses inclurred in carrying out their official duties.

SECTION 4

Vacancies on the Board which occur within the first two years of a term of office shall be filled by the remaining members of the Board electing a successor to serve until the next general election, at which time a successor shall be elected by the voters of the entire county to serve out the unexpired term of office. Vacancies occurring during the last two years of a term of office shall be filled by the remaining members of the Board electing a successor to serve out the unexpired term of office. The Decatur County Board of Education created by this Act shall be successor to all the rights, powers, duties and obligations of the old Decatur County Board of Education and shall be subject to all constitu tional and statutory provisions relating to county boards of education.

SECTION 5

The County School Superintendent of Decatur County serving at the time of the approval of this Act shall continue to serve out the term of office to which he was elected. Thereafter, the Board of Education of

1680

JOURNAL OF THE HOUSE,

Decatur County shall appoint the County School Superintendent of Decatur County, who shall serve at the pleasure of the Board. The Board shall fix the compensation of the Superintendent. The person appointed to the office of County School Superintendent of Decatur County shall possess the qualifications prescribed for county school superintendents by the laws of this State. It shall not be necessary for the person appointed as County School Superintendent of Decatur County to be a citizen of the county.

SECTION 6

After the date of approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Decatur County to issue the call for an election for the purpose of submitting this Act to the voters of Decatur County for approval or rejection. The ordinary shall set the date of such election for the first Wednesday in May, 1968. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Decatur County.

The ballot shall have written or printed thereon the words:

"For approval of the Act providing for the election of the members of the Board of Education of Decatur County by the voters of Decatur County and for the appointment of the County School Superintendent of Decatur County by the Board of Education of Decatur County."

"Against approval of the Act providing for the election of the members of the Board of Education of Decatur County by the voters of Decatur County and for the appointment of the County School Superintendent of Decatur County by the Board of Education of De catur County."

All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Decatur County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise pro vided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State.

SECTION 7

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

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

FRIDAY, FEBRUARY 16, 1968

1681

On the passage of the Bill, by substitute, the ayes were 110, nays 0.

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

HB 1349. By Messrs. Howard of the 101st, Wilson and Henderson of the 102nd:
A Bill to be entitled an Act to amend an Act authorizing certain coun ties in this State to establish and maintain a law library, so as to provide the comptroller of each such county shall be the treasurer of said board; to eliminate the provision relating to the maximum amount to be collected for said law library; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1407. By Messrs. Wilson of the 102nd, McDaniell and Howard of the 101st, Cooper of the 103rd, Carnes of the 129th, Dillon of the 128th and others:
A Bill to be entitled an Act to amend an Act providing for the establish ment of an Atlanta Region Metropolitan Planning District; so as to in crease the membership; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1425. By Mr. Tucker of the 36th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Henry County, so as to provide for the election of commissioners by the qualified voters of the entire county; and for other purposes.

1682

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1426. By Mr. Tucker of the 36th:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Henry County; to provide for commissioner districts; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1427. By Mr. Tucker of the 36th:
A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court and the ordinary of Henry County on an annual salary in lieu of the fee basis of compensation, so as to change the compensation of the clerk of the superior court and the ordinary; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1432. By Messrs. Wiggins and Threadgill of the 32nd and Murphy of the 26th:
A Bill to be entitled an Act to create and establish an Airport Authority in and for the counties of Haralson and Carroll, and to authorize such

FRIDAY, FEBRUARY 16, 1968

1683

Authority to acquire, construct, equip, maintain, operate, own and improve airports and landing fields for the use of aircraft which shall include related buildings, equipment and the usual and convenient facilities appertaining to such undertaking; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1433. By Mr. Branch of the 74th:
A Bill to be entitled an Act to amend an Act providing for a new charter for the City of Baxley, so as to provide that the mayor shall have a vote on all matters before the council; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1434. By Messrs. Mullinax and Ware of the 42nd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of West Point, so as to authorize the sale of certain property; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

1684

JOURNAL OF THE HOUSE,

HB1435. By Mr. Savage of the 58th:
A Bill to be entitled an Act to consolidate the office of Tax Receiver and Tax Collector of Macon County into the office of the Tax Com missioner of Macon County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1437. By Mr. Steis of the 100th:
A Bill to be entitled an Act to amend an Act creating a Small Claims Court in Harris County, so as to provide for the commencement of actions; to change the court costs; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1440. By Messrs. Snow, Hale and Crowe of the 1st and Ware of the 2nd:
A Bill to be entitled an Act to amend an Act incorporating the Town of Fort Oglethorpe, so as to provide for staggered terms of oftice for the mayor and aldermen; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

FRIDAY, FEBRUARY 16, 1968

1685

HB 1441. By Mr. Grahl of the 52nd:
A Bill to be entitled an Act to place the tax commissioner of Peach County upon an annual salary in lieu of the fee system of compensa tion; to provide for personnel within the tax commissioner's office; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1442. By Mr. Grahl of the 52nd:
A Bill to be entitled an Act to place the clerk of the Superior Court of Peach County upon an annual salary in lieu of the fee system of com pensation; to provide for personnel within the clerk's office; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1443. By Mr. Grahl of the 52nd:
A Bill to be entitled an Act to place the ordinary of Peach County upon an annual salary in lieu of the fee system of compensation; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

1686

JOURNAL OF THE HOUSE,

HB 1444. By Mr. Grahl of the 52nd:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Peach County, so as to stag ger the terms of the office of commissioner Post No. 3; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1445. By Messrs. Howard of the 101st, Wilson and Henderson of the 102nd and Cooper of the 103rd: A Bill to be entitled an Act to amend an Act providing a new charter for the City of Marietta, so as to change the corporate limits of said city; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1446. By Mr. Parker of the 55th:
A Bill to be entitled an Act to create the Sylvania-Screven Airport Au thority; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

FRIDAY, FEBRUARY 16, 1968

1687

HB 1448. By Mr. Smith of the 54th:
A Bill to be entitled an Act to create a five member Board of Education of Emanuel County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1449. By Mr. Bostick of the 93rd:
A Bill to be entitled an Act to provide for the issuance of building permits prior to the construction of any improvements to real property in Tift County having a value when completed in excess of $500; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1450. By Messrs. Lewis and Newton of the 50th: A Bill to be entitled an Act to amend an Act providing that the salary of the Judge of the Superior Court of the Augusta Judicial Circuit shall be supplemented by payments to be made from the county treasury of Burke County; so as to provide that said supplement shall be paid to each of the Judges of the Augusta Judicial Circuit; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

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

1688

JOURNAL OP THE HOUSE,

HB 1395. By Messrs. Hill of the 121st, Dillon of the 128th, Games of the 129th, Cook of the 123rd, Adams of the 125th and others:
A Bill to be entitled an Act to provide that it shall be unlawful for any person, firm or corporation to operate or allow to be operated any truck, motor vehicle or other vehicle engaged in hauling or carrying any type of gravel, dirt or sand without having the same protected or enclosed in certain counties; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1428. By Mr. Black of the 56th:
A Bill to be entitled an Act to fix the compensation of the Commis sioner of Roads and Revenues in counties having a population of not less than 2,750 nor more than 3,250; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

HB 1429. By Mr. Black of the 56th:
A Bill to be entitled an Act to provide that any municipality within a county of this State having a population of not less than 2,750 nor more than 3,250 according to the latest United States Decennial Census or any future such census may remove, obliterate, or abate any public or private nuisance found to be on private property in accordance with the provisions of this Act; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

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

FRIDAY, FEBRUARY 16, 1968

1689

HR 662-1427. By Mr. Tucker of the 36th:

A RESOLUTION

Proposing an amendment to the Constitution so as to authorize the governing authority of Henry County to levy a tax not to exceed two mills per dollar on all taxable property located therein to retire bonded indebtedness and to otherwise support and maintain the opera tions of the Henry County Water Authority; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

SECTION 1
Article VII, Section IV, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The governing authority of Henry County is hereby author ized to levy a tax, in addition to any other tax authorized to be levied, not to exceed two mills per dollar on all taxable property located in said county. The proceeds of such tax shall be appro priated to the Henry County Water Authority to be used to retire bonded indebtedness and to otherwise support and maintain the operations of the Henry County Water Authority."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to authorize the governing authority of Henry County to levy a tax not to exceed two mills per dollar on all taxable
NO ( ) property located in Henry County to retire bonded in debtedness and to otherwise support and maintain the operations of the Henry County Water Author ity?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

1690

JOURNAL OF THE HOUSE,

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 returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The following Committee substitute was read and adopted:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Henry County to levy a tax not to exceed two mills per dollar on all taxable property located therein for water or water and sewerage purposes and to guarantee payment, in whole or in part of water or water and sewerage revenue bonds issued, from time to time, by the county and the Henry County Water Authority and to otherwise support and maintain the operations of a water or water and sewerage system of Henry County; to provide that this amendment shall be self-enacting and that the General Assembly may grant additional powers not inconsistent with the provisions of this amendment; to provide for the submission of this amendment for rati fication or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
SECTION 1
Article VII, Section IV, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following:
"The governing authority of Henry County is hereby author ized to levy a tax, in addition to any other tax authorized to be levied, not to exceed two mills per dollar on all taxable property located in said County. The proceeds of such tax shall be appro priated and used for water or water and sewerage purposes and to guarantee payment, in whole or in part, of water or water and sewerage revenue bonds issued, from time to time, by the County and Henry County Water Authority and to otherwise support and maintain the operations of a water and sewerage system of Henry County."
This amendment is self-enacting and does not require any enabling legislation for it to become effective; provide, however, the General Assembly may by law grant further and additional powers to Henry County and the Henry County Water Authority not inconsistent with the provisions ol this Amendment.
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of

FRIDAY, FEBRUARY 16, 1968

1691

the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to authorize the governing authority of Henry County to levy a tax not to exceed two mills per dollar on all taxable property located in Henry County for water and water and sewerage purposes and to guarantee payment, in
NO ( ) whole or in part, of water or water and sewerage revenue bonds issued, from time to time, by the Coun ty and the Henry County Water Authority and to otherwise support and maintain the operations of a water or water and sewerage system of Henry County?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K.

Black Blalock Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D.

Brown, C. Buck Busbee Caldwell Games Gates Cato Chandler Cheeks Cole

1692
Collins, J. F. Collins, M. Conner Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis DeLong Dent Dickinson Dillon Dixon Dodson Dollar Doster Douglas Edwards Egan Fallin Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor Grahl Graves Grier Gunter Hadaway Hall Hamilton Hargrett Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howard Howell Hutchinson

JOURNAL OP THE HOUSE,

Jenkins Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Knapp Laite Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Longino Lovell Lowrey Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, Don C. Moreland Mullinax Murphy Nash Nessmith Newton Nimmer Odom Oglesby Otwell Pafford Palmer Paris

Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Sims Smith, G. W. Smith, J. R. Smith, W. L. Stalnaker Starnes Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Turner Tye Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Clarke Colwell

Cook Dean

Dorminy Gignilliat

Hale Harrington Johnson, B. Lambert Magoon Moore, J. H.

FRIDAY, FEBRUARY 16, 1968

1693

Northcutt Rainey Simmons Smith, V. T. Snow Steis

Sullivan Underwood Wells Mr. Speaker

On the adoption of the Resolution, by substitute, the ayes were 183, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, by substitute.

HR 663-1427. By Mr. Tucker of the 36th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize the General Assembly to change the form of government of Henry County; to provide for a county manager; to provide for all matters relative to the foregoing; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following:
"The General Assembly is hereby authorized to change the form of government of Henry County and to provide for a county manager and to provide for all matters relative to the foregoing by local law."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

1694

JOURNAL OF THE HOUSE,

"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to change the form of govern-
NO ( ) ment of Henry County and to provide for a county manager and to provide for all matters relative to the foregoing by local law?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates

Cato Chandler Cheeks
Cole
Collins, J. F. Collins, M. Conner Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis DeLong Dent Dickinson Dillon Dixon Dodson Dollar Doster Douglas Edwards Egan

Fallin Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor Grahl Graves Grier Gunter Hadaway Hall Hamilton Hargrett Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood

FRIDAY, FEBRUARY 16, 1968

1695

Howard Howell Hutchinson Jenkins Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Longino Lovell Lowrey Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken

McDaniell Melton Merritt Miller Mixon Moate Moore, Don C. Moreland Mullinax Murphy Nash Nessmith Newton Nimmer Odoni Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland Reaves Richardson Roach Ross Rowland Rush

Russell Savage Scarlett Shanahan Sherman Shields Shuman Sims Smith, G. W. Smith, J. R. Smith, W. L. Stalnaker Starnes Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Turner Tye Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Clarke Colwell Cook Dean Dorminy Gignilliat Hale Harrington

Johnson, B. Lambert Magoon Moore, J. H. Northcutt Rainey Simmons Smith, V. T.

Snow Steis Sullivan Underwood Wells Mr. Speaker

On the adoption of the Resolution, the ayes were 183, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

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HR 668-1435. By Mr. Black of the 56th:

A RESOLUTION

Proposing an amendment to the Constitution so as to create the Webster County Industrial Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

SECTION 1

Article VII, Section VII, Paragraph V of the Constitution is here by amended by adding at the end thereof the following:

"A. There is hereby created a body corporate and politic to be known as the 'Webster County Industrial Development Authority', which shall be deemed to be an instrumentality of the State of Geor gia and a public corporation, and by that name, style and title said body may contract, and be contracted with, sue and be sued, plead and be impleaded, and complain and defend in all courts of law and equity.

"B. The Authority shall be composed of seven members, four of whom shall be appointed by the governing authority of Webster County, two of whom shall be appointed by the Mayor of the City of Preston and one of whom shall be appointed by the Mayor of the City of Weston. The first members shall be appointed for terms one one, two, three, four, five, six and seven years with the gov erning authority of Webster County appointing members for terms of one, three, four and six years, the Mayor of Preston appointing members for terms of two and five years, and the Mayor of Weston appointing a member for a term of seven years, and all such mem bers shall take office on January 1, 1969. Thereafter successors shall be appointed by the governing authority of the county, the Mayor of Preston and the Mayor of Weston for terms of seven years so that the terms shall remain staggered. In the event a vacancy occurs on the Authority, for any reason, the governing authority of the county or the Mayor, as the case may be, shall appoint a member to serve the unexpired term. The Authority is hereby empowered to elect its own chairman, vice-chairman and secretary from its membership. No member of the governing au thority of Webster County, the City of Preston or the City of Weston shall be eligible to serve as a member of said Authority and only residents of Webster County shall be eligible for mem bership on the Authority. The members of the Authority shall re ceive no compensation for their service on the Authority.

"C. As used in this amendment, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context:

FRIDAY, FEBRUARY 16, 1968

1697

1. The word 'Authority' shall mean the 'Webster County Industrial Development Authority'.

2. The word 'project' shall be deemed to mean and include the acquisition of lands, properties and improvements for de velopment, expansion and promotion of jobs and payrolls in industry, commerce, agriculture, and natural resources; the construction of buildings and plants or the acquisition of equip ment for the purpose of selling, leasing or renting such struc tures or equipment to private persons, firms or corporations.

3. The term 'cost of project' shall embrace the cost of construction, the cost of all lands, properties, easements, rights and franchises acquired, the cost of machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction, cost of engi neering, architectural and legal expenses, and plans and speci fications and other expenses necessary or incident to determin ing the feasibility or practicability of the project, administra tive expenses, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project and placing the same in operation; provided, however, that in no event shall entertainment or promotional expenses be considered a part of the cost of any project. The funds the Authority may borrow and the interest paid thereon, for interim or temporary financing for any of the above named items for the use of a designated project, pending the issue and validation of revenue anticipation bonds for such project, shall be considered a 'cost of project' which may be paid or repaid from the proceeds of the revenue anticipation bonds authorized herein in paragraph "F. 12.

"D. The County of Webster is expressly authorized to enter into contracts with the Authority as a public corporation.

"E. Any five (5) members shall constitute a quorum for the transaction of the ordinary business of the Authority; however, any action with respect to any project of the Authority must be approved by not less than five (5) affirmative votes.

"F. The Authority shall have powers:

1. To have a seal and alter the same at pleasure.

2. To acquire, hold, and dispose of personal property, including the stock of other corporations, for its corporate purposes.

3. To enter into contracts for periods of time not in ex cess of fifty (50) years.

4. To acquire in its own name by purchase, on such terms and conditions, and in such manner as it may deem proper, real property or liens or easements therein or franchises nee-

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essary or convenient for its corporate purposes, and to use the same, and to lease or make contracts with respect to the use of same or to dispose of same in any manner the Authority deems to its best advantage. If the Authority shall deem it expedient to construct any project or use any project already constructed on lands, the title to which shall then be in the County of Webster, the governing authority of Webster Coun ty is authorized in its discretion to convey title to such lands, including any improvements thereon, to the Authority.

5. To appoint and select officers, agents, and employees, including engineers, architects, builders, and attorneys, and to fix their compensation.

6. To make contracts, and to execute all instruments nec essary or convenient, including contracts for construction of projects and leases and rental and sale of projects, or con tracts with respect to the use of projects, which it erects or acquires.

7. To construct, erect, acquire, own, repair, remodel, main tain, extend, improve, sell, equip, expand and to operate and manage projects and to pay the cost of any such project from the proceeds of revenue anticipation certificates or bonds or any other income of the Authority, or from any contribution or loans by persons, firms, or corporations, all of which the Authority is hereby authorized to receive and accept and use.

8. To borrow money for any of its corporate purposes and to execute notes, mortgages, deeds to secure debt, trust deeds and such other instruments as may be necessary or convenient to evidence and secure such borrowing. It is specifically pro vided that in addition to the pledge of revenue from any proj ect for the payment of revenue anticipation bonds and for the benefit of the bondholders, the Authority is authorized to execute mortgages, deeds to secure debts, trust deeds and such other instruments as may be necessary or convenient covering the property of any particular project as additional security for the bondholders of such project.
9. To exercise any power granted by the laws of the State of Georgia to public or private corporations, performing simi lar functions, which is not in conflict with the Constitution and laws of the State of Georgia.

10. To do all things necessary or convenient to carry out the powers expressly conferred by this amendment.

11. To adopt, alter or repeal its own bylaws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business.

FRIDAY, FEBRUARY 16, 1968

1699

"G. In addition to the purpose for which Revenue Bonds are now permitted by this Constitution to be issued, the Authority, in order to carry out public purposes of this amendment, is hereby authorized to issue Revenue Bonds bearing rate or rates of interest, not exceeding eight per cent (8%) per annum, and maturity at the years and amounts determined by the Authority, and the procedure of validation, issuance and delivery shall be in all re spects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as heretofore or hereafter amended, Ga. Code Ann. Supp. Charter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as se curity for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure, or forced sale of any property of the Authority upon default on such bonds either in payment of prin cipal or interest or under any terms or condition under which such bonds are issued.

"H. The Authority is hereby specifically authorized to pur chase or otherwise acquire land and to improve and develop same so as to make said land more desirable for industrial purposes. Such land acquisition and development may be undertaken by the Authority at any time whether or not there is at such time a pros pective industry considering the purchase or lease of an industrial site in Webster County. Such land and improvements may be held by the Authority for any length of time it deems desirable, but any sale, lease or other disposition of same when made, shall be subject to the provisions of paragraph I hereof.

"I. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses.

"J. All projects of the Authority shall be on a self-liquidat ing basis, and the Authority shall not make gifts, directly or in directly, to any person, firm or corporation.

"K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Webster County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time.
"L. All lands and improvements and personal property the title to which is vested in the Authority, and all debentures, notes, bonds, and revenue anticipation certificates issued by the Authority shall be exempt from State and local taxation.

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"M. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia or the County of Webster.

"N. The books and records of the Authority shall be audited at least annually, at the expense of the Authority, by a competent auditor. The Authority shall furnish copies of said audit to Web ster County, and shall publish same one time in all newspapers printed in Webster County.

"0. This amendment, being for the purpose of developing and promoting the public good and the welfare of the County of Webster and its inhabitants, shall be liberally construed to effect the purpose hereof.

"P. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within the County of Webster and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes.

"Q. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict same, and may likewise further regulate the management and conduct of the Authority; provided, however, nothing herein shall be construed so as to authorize the General Assembly to provide by law that the govern ing authority of Webster County may levy an ad valorem tax to carry out the purposes of this amendment."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as pro vided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to create NO ( ) the Webster County Industrial Development Author
ity?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

FRIDAY, FEBRUARY 16, 1968

1701

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 returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bo wen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Cheeks Cole Collins, J. F. Collins, M. Conner Cooper, B. Cooper, J. R.
Cox

Crowe, William Crowe, W. J. Dailey Daugherty Davis DeLong Dent Dickinson Dillon Dixon Dodson Dollar Doster Douglas Edwards Egan Fallin Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor Grahl Graves Grier Gunter Hadaway Hall Hamilton Hargrett Harris, J. F. Harris, J. R. Harris, R. W.

Harrison Henderson Higginbotham Hill Holder Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Le vitas Lewis Longino Lovell Lowrey Malone Mason Matthews, C.

1702
Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, Don C. Moreland Mullinax Murphy Nash Nessmith Newton Nimmer Odoni Oglesby Otwell Pafford Palmer Paris

JOURNAL OF THE HOUSE,

Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland Reaves Richardson Roach Ross Rowland Rush . Russell Savage Scarlett Shanahan Sherman Shields Shuman Sims Smith, G. W. Smith, J. R.

Smith, W. L. Stalnaker Starnes Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Turner Tye Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Clarke Colwell Cook Dean Dorminy Gignilliat Hale Harrington

Johnson, B. Lambert Magoon Moore, J. H. Northcutt Rainey Simmons Smith, V. T.

Snow Steis Sullivan Underwood Wells Mr. Speaker

On the adoption of the Resolution, the ayes were 183, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 669-1440. By Messrs. Smith, Leonard and Cole of the 3rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to create The City of Dalton Building Authority and provide for powers, authority, limitations, funds, purposes and procedures connected therewith and to authorize the Authority to issue its revenue bonds and to provide

FRIDAY, FEBRUARY 16, 1968

1703

the method and manner of such issuance and the validation and effect thereof; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Article VII, Section VI, Paragraph I of the Constitu tion is hereby amended by adding at the end thereof the following:

"THE CITY OF DALTON BUILDING AUTHORITY

"A. Creation. There is hereby created a body politic to be known as The City of Dalton Building Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation and in that name, style and title said body may contract and be contracted with, sue and be sued, plead and be interpleaded, and complain and defend in all courts of law and equity. In the event the name of said Authority shall ever become the subject of change, the same may be accomplished by an Act of the General Assembly.

"B. Purpose. The said Authority is created for the purpose of acquiring, constructing, equipping, maintaining and operating self-liquidating projects embracing buildings and facilities for use by The City of Dalton, Georgia, for its governmental, proprietary and administrative functions and for the use by such other agen cies, authorities, departments and political subdivisions of the State of Georgia or the government of the United States as may contract with the Authority for the use of such facilities. The City of Dalton, Georgia, is hereby granted the authority to lease or sell lands, buildings or land and buildings now owned by The City of Dalton, Georgia, to said Authority by appropriate resolution of its governing body and upon such terms and conditions as such governing body shall prescribe; provided, that such sales by The City of Dalton, Georgia, to the Authority shall be for cash, and provided that such leases shall not exceed fifty (50) years in duration.
"C. Membership. The Authority shall consist of five members as follows: one shall be the Mayor of the City of Dalton, Georgia; one shall be a member of the City Council of said City to be ap pointed by said City Council; one shall be a banker or other per son having knowledge of financial matters, who is a resident of the City of Dalton, to be appointed by the Mayor and Council of said City; one shall be a businessman, who is a resident of the City of Dalton, to be appointed by the Mayor and Council of said City; and one shall be a citizen of the City of Dalton, who is a freeholder and qualified registered voter of said City, to be ap pointed by the Mayor and Council of said City. The terms of office of the members who are the Mayor and City Councilman shall be concurrent with their terms of office as Mayor and Coun cilman. The terms of office of the remaining members of the Authority shall be four years and until their successors are ap pointed and qualified. Successors to such members and to the

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member who is a City Councilman shall be appointed as the original members were appointed, as provided herein, and any vacancies shall be filled by the appointing authority, as provided herein, for the unexpired term. Immediately after such appointments, the members of such Authority shall enter upon their duties. The Au thority shall elect one of its members as Chairman, and one as Vice-Chairman, and shall also elect a Secretary and Treasurer, which Secretary and Treasurer need not necessarily be a member of the Authority. Three members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall receive no compensation for their services but may be reimbursed by the Authority for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual exist ence. In the event the number of the members of the Authority or the qualifications of the membership of the Authority or the manner in which the members of the Authority shall be selected shall ever become the subject of change, the same may be accom plished by an Act of the General Assembly.
"D. Definitions. As used herein the following words and terms shall have the following meaning:
(1) The word 'Authority' shall mean The City of Dalton Building Authority herein created.

(2) The words 'The City of Dalton' and 'City' shall mean the corporate body created by the General Assembly of Geor gia under the name and style of 'The City of Dalton'.

(3) The word 'project' shall be deemed to mean and in clude one or a combination of two or more of the following: buildings and facilities intended for use as courthouse, jail, police station, fire station, administrative offices and other offices and related uses, and all buildings, structures, electric, gas, steam and water utilities and facilities of every kind and character deemed by the Authority necessary or convenient for the efficient operation of any department, board, office, commission or agency of The City of Dalton in the performance of its governmental, proprietary and administrative functions, or of such buildings and facilities intended for use by any division, department, institution, agency or political subdivi sion of the State of Georgia, or the government of the United States.
(4) The term 'cost of the project' shall embrace the cost of construction, the cost of all lands, properties, rights and easements and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and dur ing construction, cost of engineering, architectural and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or prac ticability of the project, administrative expense, and such other expenses as may be necessary or incident to the financ-

FRIDAY, FEBRUARY 16, 1968

1705

ing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing pur poses shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions herein.

(5) The terms 'revenue bonds' and 'bonds' as used in this amendment, shall mean revenue bonds under the provisions of the Revenue Bond Law (Ga. Laws 1957, pp. 36, et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, pp. 761, et seq., as amended) and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and in addition, shall also mean obligations of the Authority, the issuance of which are hereinafter specifically provided for herein.

(6) Any project or combination of projects shall be deem ed 'self-liquidating' if, in the judgment of the Authority the revenues to be derived by the Authority from rentals of said project or projects to The City of Dalton or agencies, authori ties, departments and political subdivisions of the State of Georgia and of the United States will be sufficient to pay the cost of maintaining, repairing and operating the project and to pay the principal and interest of revenue bonds which may be issued for the cost of such project, projects, or combination of projects.

"E. Powers. The Authority shall have the powers:

(1) To have a seal and alter the same at pleasure.

(2) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes.

(3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of ease ments therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respects to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned as provided herein except from the funds provided herein, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned, and no property shall be acquired as provided herein upon which any lien or other

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incumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or incumbrance.

(4) To appoint and select officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their compensation.
(5) To make contracts and leases and to execute all in struments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and The City of Dalton and any divisions, depart ments, institutions, agencies, counties or political subdivisions of the State of Georgia are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they deem advisable; and with out limiting the generality of the above authority is specifically granted to the said City and any division, department, insti tution, agency or political subdivision of the State of Georgia to enter into lease contracts and related agreements for the use of any structure, building or facility or a combination of any two or more structures, buildings or facilities of the Authority for a term not exceeding fifty years and any divi sion, department, institution, agency or political subdivision of the State of Georgia may obligate itself to pay an agreed sum for the use of such property and The City of Dalton may enter into lease contracts and related agreements for the use of any structure, building or facility or a combination of two or more structures, buildings or facilities of the Authority for a term not exceeding fifty years upon a majority vote of its governing body and may obligate itself to pay an agreed sum for the use of such property so leased and also obligate itself as a part of the undertaking to pay the cost of main taining, repairing and operating the property furnished by and leased from the Authority.
(6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, to be located on property owned by or leased by the Authority, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the Authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof.
(7) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and con ditions as the United States of America or such agency or in strumentality may impose.
(8) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof.

FRIDAY, FEBRUARY 16, 1968

1707

(9) To exercise any power usually possessed by private corporations performing similar functions, which is not in con flict with the Constitution and laws of this State.

(10) To do all things necessary or convenient to carry out the powers expressly given herein.

"F. Revenue Bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, for the purpose of paying all or any part of the cost as herein de fined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the maximum limit prescribed in the Revenue Bond Law or any amendment there to, shall be payable semiannually, shall mature at such time or times not exceeding thirty (30) years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeem able before maturity, at the option of the Authority at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with the Revenue Bond Law (Ga. Laws 1957, p. 36, et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761, et seq., as amended), and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto.

"G. Same; Form; Denominations; Registration; Place of Pay ment. The Authority shall determine the form of the bonds, includ ing any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form or both, as the Authority may determine and provision may be made for the registration of any coupon bond as to the principal alone and also as to both the prin cipal and interest.

"H. Same; Signatures; Seal. In case any officer whose signa ture shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the deliv
ery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and attested by the Secretary and Treasurer of the Authority and the official seal of the Authority shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the Chairman and Secretary and Treasurer of the Authority. Any bond may be signed, sealed and attested on behalf

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of the Authority by such persons as at the actual time of the execu tion of such bonds shall be duly authorized or hold the proper office, although at the date of delivery and payment of such bonds such persons may not have been so authorized or shall not have held such office.

"I. Same; Negotiability; Exemption from Taxation. All reve nue bonds issued under the provisions hereof shall be fully negotiable for all purposes and shall have and are hereby declared to have all of the qualifications of negotiable instruments under the laws of the State. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds and the income thereof shall be exempt from all taxation within the State.
"J. Same; Sale; Price. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority.

"K. Same; Proceeds of Bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects; and unless otherwise provided in the resolution authorizing the issu ance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit, which
unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same
purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into such funds as may be provided in the resolution authorizing the issuance of the bonds or in the trust indenture.

"L. Same; Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions issue interim receipts, interim certifi cates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter.

"M. Same; Replacement of Lost or Mutilated Bonds. The Au thority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost.

"N. Same; Conditions Precedent to Issuance; Object of Issu ance. Such revenue bonds may be issued without any other proceed ings or the happening of any other conditions and things which are specified or required herein. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution, providing for the issuance of revenue bonds upon the provisions hereof shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of the quorum as
herein provided.

FRIDAY, FEBRUARY 16, 1968

1709

"O. Same; Credit Not Pledged and Debt Not Created. Revenue bonds issued by the Authority hereunder shall not be deemed to constitute a debt of The City of Dalton, Georgia, nor of any munici pality, county, authority, or political subdivision of the State of Georgia or instrumentality of the United States Government which may contract with such Authority. No contracts entered into by the Authority with any such municipality, county, authority or political subdivision of the State of Georgia or instrumentality of the United States Government shall create a debt of the respective municipali ties, counties, authorities or political subdivisions of the State of Georgia within the meaning of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia, but any such munici pality, county, authority or political subdivision of the State of Geor gia may obligate itself to pay the payments required under such contracts from monies received from taxes and from any other source without creating a debt within the meaning of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia.

"P. Same; Trust Indenture as Security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust inden ture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority, including the proceeds derived from the sale from time of any surplus property of the Authority, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bond holders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in rela tion to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the property, and the custody, safeguarding and application of all monies, includ ing the proceeds derived from the sale of property of the Authority, both real and personal, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds issued therefor and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bond holders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust inden ture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture.

1710

JOURNAL OF THE HOUSE,

"Q. Same; To Whom Proceeds of Bonds Shall be paid. The Authority shall, in the resolution providing for the issuance of reve nue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as are herein provided and such regula tions as may be provided in such resolution or trust indenture.

"R. Same; Sinking Fund. The revenues, fees, tolls and earn ings derived from any particular project or projects, regardless of whether or not such fees, earnings and revenues were produced by a particular project for which bonds have been issued and any monies derived from the sale of any properties, both real and per sonal of the Authority, unless otherwise pledged and allocated, may
be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the reso lution authorizing the issuance of the bonds or in the trust instru ment may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payments of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agent or agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may other
wise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture surplus monies in the sinking fund may be applied
to the purchase or redemption of bonds and any such bonds so pur chased or redeemed shall forthwith be cancelled and shall not again be issued.

"S. Same; Remedies of Bondholders. Any holder of revenue bonds issued under the provisions hereof or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel perform ance of all duties required herein or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.
"T. Same; Refunding Bonds. The Authority is hereby author ized to provide by resolution for the issue of revenue bonds of the

FRIDAY, FEBRUARY 16, 1968

1711

Authority for the purpose of refunding any revenue bonds issued under the provisions hereof and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions hereof insofar as the same may be applicable.

"U. Same; Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions hereof or any suit or action against such Authority shall be brought in the Superior Court of Whitfield County, Georgia, and any action pertaining to validation of any bonds issued under the provisions hereof shall likewise be brought in said court which shall have exclusive, original jurisdic tion of such actions.

"V. Same; Validation. Bonds of the Authority shall be con firmed and validated in accordance with the procedure of the Reve nue Bond Law. The petition for validation shall also make party defendant to such action any municipality, county, authority, sub division, or instrumentality of the State of Georgia or the United States Government or any department or agency of the United States Government, if subject to be sued, which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and such munici pality, county, authority, subdivision or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the Authority. The bonds when validated, and the judgment of validation shall be final and conclusive with respect to such bonds, against the Authority issuing the same, and any munici pality, county, authority, subdivision, or instrumentality of the United States Government, if a party to the validation proceedings, contracting with the said The City of Dalton Building Authority.

"W. Same Interest of Bondholders Protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency or authority will be created which will compete with the Authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions hereof shall be for the benefit of the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.

"X. Monies received Considered Trust Funds. All monies re ceived pursuant to the Authority hereof, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings shall be deemed to be trust funds to be held and applied solely as provided for herein.

1712

JOURNAL OF THE HOUSE,

"Y. Exemption from Taxation. It is hereby declared that the Authority will be performing an essential governmental function in the exercise of the power conferred upon it hereunder and that the Authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession or supervision or upon its activities in the operation and maintenance of the buildings erected or acquired by it or any fees, rentals or other charges for the use of such buildings or other income received by the Authority.

"Z. Immunity from Tort Actions. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority when in performance of the work of the Authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia. The Authority may be sued in the same manner as private corporations may be sued on any contractural obligation of the Authority.

"AA. Property Subject to Levy and Sale. The property of the Authority shall not be subject to levy and sale under legal process except such property, revenue, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, revenue, funds or income may be sold under legal process or under any power granted by the Author ity to enforce payment of the obligation.

"BB. Construction. This amendment and all provisions, rights, powers and authority granted hereunder shall be effective, notwith standing any other provision of the Constitution to the contrary, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of its purpose.

"CC. Effective Date. This amendment shall be effective im mediately upon proclamation of its ratification by the Governor.

"DD. General Assembly. This amendment is self enacting and does not require any enabling legislation for it to become effective. However, the General Assembly may, by law, further define and prescribe the powers and duties of the Authority and the exercise thereof and may enlarge and restrict the same and may, likewise, further regulate the management and conduct of the Authority not
inconsistent with the provisions of this amendment. The Authority shall be an instrumentality of the State of Georgia, and the scope of its operation shall be limited to the territory embraced within the corporate limits of The City of Dalton, Georgia, as the same now or may hereafter exist and within the limits of the area of Whitfield County, Georgia."

Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been

FRIDAY, FEBRUARY 16, 1968

1713

entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to create The City of Dalton Building Authority and provide for powers, authority, limitations, funds, purposes and procedures connected therewith and to authorize the
NO ( ) Authority to issue its revenue bonds and to provide the method and manner of such issuance and the vali dation and effect thereof?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen

Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Cheeks Cole

Collins, J. F. Collins, M. Conner Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis DeLong Dent Dickinson Dillon

1714
Dixon Dodson Dollar Doster Douglas Edwards Egan Fallin Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor Grahl Graves Grier Gunter Hadaway Hall Hamilton Hargrett Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp

JOURNAL OP THE HOUSE,

Laite Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Longino Lovell Lowrey Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, Don C. Moreland Mullinax Murphy Nash Nessmith Newton Nimnier Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Peterson Phillips

Pickard Poss Potts Ragland Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Sims Smith, G. W. Smith, J. R. Smith, W. L. Stalnaker Starnes Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Turner Tye Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Westlake Whaley Wigging Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Clarke Colwell Cook Dean Dorminy

Gignilliat Hale Harrington Johnson, B. Lambert

Magoon Moore, J. H. Northcutt Rainey Simmons

FRIDAY, FEBRUARY 16, 1968

1715

Smith, V. T. Snow Steis

Sullivan Underwood Wells

Mr. Speaker

On the adoption of the Resolution, the ayes were 183, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 670-1440. By Messrs. Cole, Smith and Leonard of the 3rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Dalton-Whitfield County Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section VII, Paragraph V of the Constitution is here by amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in Whitfield County to be known as the Dalton-Whitfield County Development Authority, which shall be an instrumentality of the State of Georgia and Whitfield County and a public corporation and which in this amendment is hereafter referred to as the 'Authority';
B. The Authority shall consist of seven members. The Chair man of the Dalton-Whitfield County Planning Commission shall be a member. The Chairman of the Whitfield County Board of Commissioners shall be a member. Two members shall be freehold ers and qualified registered voters of Whitfield County, selected by the Board of Commissioners of Whitfield County. Two members shall be freeholders and qualified registered voters of the City of Dalton, selected by the Mayor and Council of the City of Dalton. The term of office of the two members selected by the Board of Commissioners of Whitfield County shall be four years and until their successors shall be selected and appointed. The term of office of the two members selected by the Mayor and Council of the City of Dalton shall be for four years and until their successors shall be selected and appointed. The term of office of the Chairman of the Whitfield County Board of Commissioners shall be the same as his term of office as Chairman of the Whitfield County Board of Com missioners. The term of office of the Mayor of the City of Dalton shall be the same as his term of office as Mayor of the City of

1716

JOURNAL OF THE HOUSE,

Dalton. The term of office of the Chairman of the Dalton-Whitfield County Planning Commission shall be the same as his term of of fice as Chairman of said Planning Commission and until his suc cessor as Chairman of said Commission has been selected. All mem bers of the said Authority may succeed themselves. Said members shall have control, duties, powers and authority as are hereby con ferred and as may be prescribed or provided for by the General Assembly, and such additional powers as may be delegated to the Authority by Whitfield County. Members of the Authority shall be residents of Whitfield County. The Authority shall elect a chairman, a vice-chairman and a secretary-treasurer. The secretarytreasurer shall not be required to be a member of the Authority. A majority of the members shall constitute a quorum and a ma jority may act for the Authority in any manner.;

"C. All property or income the title to which is vested in the Authority and all debentures, notes, bonds and revenue bonds or obligations issued by the Authority shall have the same immunity from taxation within the State of Georgia as property, income and obligations and interest on the obligations of Whitfield County. The exemptions from taxation herein provided shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority,;
"D. The powers of the Authority shall include, but not be limited to, the power:
(1) To receive and administer gifts, grants and donations and to administer trusts;
(2) To borrow money, to issue notes, bonds and revenue obligations, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property, contract rights and income as security there for;

(3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;

(4) To have and exercise usual powers of private corpora tions except such as are inconsistent with this amendment, in cluding the power to appoint and hire officers, agents and employees and to provide their compensation and duties; which officers and agents may or may not be members of the Author ity, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;

(5) To encourage and promote the expansion and develop ment of industrial and commercial facilities in Whitfield Coun ty so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Whitfield Coun-

FRIDAY, FEBRUARY 16, 1968

1717

ty, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant or fabricating plant, includ ing all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisi tion of an existing building and the remodeling, renovating, reconstruction, furnishing and equipping of such building;

(6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both prin cipal and interest, and to pay all other expenses which the Authority may have incurred in connection with the under taking;

(7) To accumulate its funds from year to year and to in vest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be vested;

(8) To designate officers to sign and act for the Author ity generally or in any specific manner;

(9) To do any and all acts and things necessary or con venient to accomplish the purpose and powers of the Authority as herein stated.

"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Geor gia or Whitfield County.
"F. The members of the Authority shall receive no compensa tion for their services to the Authority;

"G. In order to finance any undertaking within the scope of its power or to refund any bonds or obligations then outstand ing, the Authority is hereby authorized to issue bonds bearing a rate or rates of interest and maturing in the years and amounts determined by the Authority and the procedure of validation, issu ance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761), as now or hereafter amended, and the validation shall have the same force and effect as if said obligations had been originally authorized to be issued thereunder. Any property, real or personal, in existence or antici pated, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for

1718

JOURNAL OF THE HOUSE,

the payment of said bonds. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing contained herein shall be construed to create a right to compel any exercise of the taxing power of Whitfield County to pay any such bonds or the interest thereon nor to enforce payment therefor against any property of Whitfield County;

"M. No monies derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expense;

"I. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Whit field County, subject to any mortgages, liens, leases or other en cumbrances outstanding against or in respect to said property at that time;

"J. The Authority, in exercising the powers in the manner herein granted, is hereby deemed and declared to be a public cor poration and an instrumentality of purely public charity perform ing an assential governmental function in behalf of Whitfield County. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Whitfield County and reducing unemployment to the great est extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes;
"K. This amendment shall be effective immediately upon proc lamation of its ratification by the Governor and the first members of the Authority shall be appointed within ninety days after such proclamation;
"L. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of the State of Georgia and Whitfield County and the scope of operations of the Authority shall be limited to the territory embraced within said County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Whitfield County."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the

FRIDAY, FEBRUARY 16, 1968

1719

two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia
of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to create the NO ( ) Whitfield County Development Authority?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L.

Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Cates Cato Chandler Cheeks Cole Collins, J. F. Collins, M. Conner Cooper, B. Cooper, J. R. Cox

Crowe, William Crowe, W. J. Dailey Daugherty Davis DeLong Dent Dickinson Dillon Dixon Dodson Dollar Doster Douglas Edwards Egan Fallin Farmer

1720

JOURNAL OF THE HOUSE,

Farrar Fleming Floyd Funk Gary Gay Gaynor Grahl Graves Grier Gunter Hadaway Hall Hamilton Hargrett Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill)

Lee, W. S. Leggett Leonard Levitas Lewis Longino Lovell Lowrey Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, Don C. Moreland Mullinax Murphy Nash Nessmith Newton Nimmer Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss

Potts Ragland Reaves Richardson
Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Sims Smith, G. W. Smith, J. R. Smith, W. L. Stalnaker Starnes Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Turner Tye Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Clarke Colwell Cook Dean Dorminy Gignilliat Hale Harrington

Johnson, B. Lambert Magoon Moore, J. H. Northcutt Rainey Simmons Smith, V. T.

Snow Steis Sullivan Underwood Wells Mr. Speaker

FRIDAY, FEBRUARY 16, 1968

1721

On the adoption of the Resolution, the ayes were 183, nays 0.

The Resolution, having received the requisite two-third constitutional ma jority, was adopted.

HR 674-1450. By Messrs. Rainey and Bowen of the 69th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Crisp County-Cord ele Industrial Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section VII, Paragraph V of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic to be known as the 'Crisp County-Cordele Industrial Development Author ity', which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and by that name, style and title said body may contract and be contracted with, sue and be sued, plead and be impleaded, and complaint and defend in all courts of law and equity.
"B. The Authority shall be composed of five members, one of whom shall be the Chairman of the Commissioners of Roads and Revenues of Crisp County, one of whom shall be the Chairman of the City Commissioners of Cordele, and one of whom shall be the President of the Cordele-Crisp County Chamber of Commerce. The Commissioners of Roads and Revenues of Crisp County shall appoint one member who shall be a resident of Crisp County within or with out the city limits of Cordele and shall serve for a term of three years and until his successor is duly appointed and qualified. There after, successors to the initial member appointed by the Commis sioners of Roads and Revenues of Crisp County shall serve for three years and until their successors are duly elected and qualified. The City Commissioners of Cordele shall appoint one member who shall be a resident of Crisp County within or without the city limits of Cordele and shall serve for a term of two years and until their successors are duly appointed and qualified. Thereafter, successors to the initial member appointed by the City Commissioners shall serve for three years and until their successors are duly elected and qualified. Provided, however, under no circumstances shall the Commissioners of Roads and Revenues of Crisp County or the City Commissioners of Cordele appoint a member of either Commission.

1722

JOURNAL OF THE HOUSE,

In the event a vacancy occurs on the Authority for any reason, the appointing Authority shall appoint a member to serve the unexpired term. The Authority is hereby empowered to elect its own Chair man, Vice-Chairman and Secretary from its members. The members
of the Authority shall receive no compensation for their services on the Authority.

"C. As used in this amendment, the following words and terms shall have the following meanings, unless a different meaning clear ly appears from the context:

1. The word 'Authority' shall mean the Crisp County-Cordele Industrial Development Authority.

2. The word 'project' shall be deemed to mean and include the acquisition of lands, properties and improvements for development, expansion and promotion of jobs and payrolls in industry, commerce, agriculture, and natural resources; the construction of buildings and plants or the acquisition of equipment for the purpose of selling, leasing or renting such structures or equipment to private persons, firms or corporations.

3. The term 'cost of project' shall embrace the cost of con struction, the cost of all lands, properties, easements, rights and franchises acquired, the cost of machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction, cost of engineering, architectural and legal expenses, and plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project and placing the same in operation. The funds the Authority may borrow and the interest paid thereon, for interim or temporary financing for any of the above named items for the use of a designated project, pending the issue and validation of revenue anticipation bonds for such project, shall be considered a 'cost or project' which may be paid or repaid from the proceeds of the revenue anticipation bonds authorized herein in paragraph "G".

"D. The County of Crisp, the City of Cordele, the State of Georgia and any political subdivision thereof are expressly author ized to enter into contracts with the Authority as a public corpora tion.

"E. Any three (3) members shall constitute a quorum for the transaction of the ordinary business of the Authority; however, any action with respect to any project of the Authority must be ap proved by not less than three (3) affirmative votes.

"F. The Authority shall have powers:

1. To have a seal and alter the same at pleasure.

FRIDAY, FEBRUARY 16, 1968

1723

2. To acquire, hold, and dispose of personal property, including the stock of other corporation, for its corporate purposes.

3. To enter into contracts for periods of time not in excess of fifty (50) years.

4. To acquire in its own name by purchase, on such terms and conditions, and in such manner as it may deem proper, real property or liens or easements therein or franchises necessary or convenient for its corporate purposes, and to use the same, and to lease or make contracts with respect to the use of same or to dispose of same in any manner the Authority deems to its best advantage. If the Authority shall deem it expedient to construct any project or use any project already constructed on lands, the title to which shall then be in the County of Crisp or the City of Cordele, the governing authority of the County of Crisp or City of Cordele is authorized in its discretion to convey title to such lands, including any improve ments thereon, to the Authority.

5. To appoint and select officers, agents, and employees, in cluding engineers, architects, builders, and attorneys, and to fix their compensation.

6. To make contracts, and to execute all instruments necessary or convenient, including contracts for construction of projects and leases and rental and sale of projects, or contracts with respect to the use of projects, which it erects or acquires.

7. To construct, erect, acquire, own, repair, remodel, maintain, extend, improve, sell, equip, expand and to operate and manage projects and to pay the cost of any such project from the proceeds of revenue anticipation certificates or bonds or any other income of the Authority, or from any contribution or loans by persons, firms, or corporations, all of which the Authority is hereby author ized to receive and accept and use.

8. To borrow money for any of its corporate purposes and to
execute notes, mortgages, deeds to secure debt, trust deeds and such other instruments as may be necessary or convenient to evi dence and secure such borrowing. It is specifically provided that in addition to the pledge of revenue from any project for the payment of revenue anticipation bonds and for the benefit of the bond holders, the Authority is authorized to execute mortgages, deeds, to secure debts, trust deeds and such other instruments as may be necessary or convenient covering the property of any particular
project as additional security for the bondholders of such project.

9. To exercise any power granted by the laws of the State of Georgia to public or private corporations, performing similar func tions, which is not in conflict with the Constitution and laws of
the State of Georgia.

10. To do all things necessary or convenient to carry out the powers expressly conferred by this amendment.

1724

JOURNAL OP THE HOUSE,

11. To adopt, alter or repeal its own bylaws, rules and regu lations governing the manner in which its business may be trans
acted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business.

"G. In addition to the purposes for which Revenue Bonds are now permitted by this Constitution to be issued, the Authority, in order to carry out public purposes of this amendment, is hereby authorized to issue Revenue Bonds bearing rate or rates of interest and maturity at the years and amounts determined by the Authority, and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as heretofore or hereafter amended, Ga. Code Ann. Supp. Charter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encum bered as security for any lawful debt of the Authority. The Author ity may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or in denture may provide for foreclosure, or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any terms or condition under which such bonds are issued.

"H. The Authority is hereby specifically authorized to purchase or otherwise acquire land and to improve and develop same so as to make said land more desirable for industrial purposes. Such land acquisition and development may be undertaken by the Au thority at any time whether or not there is at such time a prospective industry considering the purchase or lease of an industrial site in the County of Crisp or City of Cordele. Such land and improve ments may be held by the Authority for any length of time it deems desirable, but any sale, lease or other disposition of same when made, shall be subject to the provisions of Paragraph "J" hereof.

"I. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment or other
promotional expenses.

"J. All projects of the Authority shall be on a self-liquidating basis, and the Authority shall not make gifts, directly or indirectly, to any person, firm or corporation.

"K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to the County of Crisp and the City of Cordele in proportion to their re spective interest subject to any mortgages, liens, leases or other encumbranches outstanding against or in respect to said property at
that time.

FRIDAY, FEBRUARY 16, 1968

1725

"L. All lands and improvements and personal property, the title to which is vested in the Authority, and all debentures, notes, bonds, and revenue anticipation certificates issued by the Authority shall be exempt from State and local taxation.

"M. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia, the County of Crisp or City of Cordele.

"N. This amendment, being for the purpose of developing and promoting the public good and the welfare of the County of Crisp, City of Cordele and its inhabitants, shall be liberally construed to effect the purposes hereof.

"0. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within the County of Crisp and City of Cordele and reducing un employment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes.

"P. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict same, and may likewise further regulate the management and conduct of the Authority; provided, however, nothing herein shall be construed so as to au thorize the General Assembly to provide by law that the governing authority of the County of Crisp or the City of Cordele may levy an ad valorem tax to carry out the purposes of this amendment."

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georiga of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to create the Crisp County-Cordele Industrial
NO ( ) Development Authority?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this

1726

JOURNAL OF THE HOUSE,

State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett
Berry, C. E. Berry, J. K. Black Blalock Bond Bo stick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Games Gates Cato Chandler Cheeks Cole Colling, J. P. Collins, M. Conner Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J.

Dailey Daugherty Davis DeLong Dent Dickinson Dillon Dixon Dodson Dollar Doster Douglas Edwards Egan Pallin Farmer Farrar Fleming Floyd Funk Gary
Gay Gaynor Grahl Graves Grier Gunter Hadaway Hall Hamilton Hargrett Harris, J. F. Harris, J. R. Harris, R. W. Harrison
Henderson Higginbotham Hill

Holder Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Longino Lovell Lowrey Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell
McClatchey McCracken McDaniell

Melton Merritt Miller Mixon Moate Moore, Don C. Moreland Mullinax Murphy Nash Nessmith Newton Nimmer Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson

FRIDAY, FEBRUARY 16, 1968

1727

Phillips Poss Potts Ragland Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Sims Smith, G. W. Smith, J. R. Smith, W. L. Stalnaker Starnes

Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Turner Tye Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Clarke Colwell Cook Dean Dorminy Gignilliat Hale Harrington

Johnson, B. Lambert Magoon Moore, J. H. Northcutt Rainey Simmons Smith, V. T.

Snow Steis Sullivan Underwood Wells Mr. Speaker

On the adoption of the Resolution, the ayes were 183, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

Mr. Jones of the 112th asked unanimous consent that the following Bills of the House be placed on the general calendar to consider the unfavorable reports of the Committee on Insurance:

HB 1075. By Messrs. Jones of the 112th, DeLong of the 105th, Brantley of the 139th, Daugherty of the 134th and Oglesby of the 92nd:
A Bill to be entitled an Act to prohibit the sale of casualty insurance which protects only the creditor's interest in the property which secures the credit transaction except under certain conditions; and for other purposes.

1728

JOURNAL OF THE HOUSE,

HB 1076. By Messrs. Jones of the 112th, DeLong of the 105th, Brantley of the 139th, Daugherty of the 134th and Oglesby of the 92nd:
A Bill to be entitled an Act to amend Code Section 56-3304, so as to prohibit the sale of credit life insurance on any installment loan less than a certain amount; and for other purposes.

The consent was granted, and HB 1075 and HB 1076 were ordered placed on the calendar.

By unanimous consent, the following Bill of the Senate was recommitted to the Committee on Judiciary for further study:

SB 214. By Senator Lee of the 47th:
A Bill to be entitled an Act to provide a different statute of limitations on any action, whether in contract (oral or written, sealed or unsealed), in tort or otherwise; to repeal conflicting laws; and for other purposes.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

HB 913. By Mr. Clarke of the 45th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Butts County on an annual salary so as to change the compensation of the deputy sheriffs; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act placing the sheriff of Butts County on an annual salary, approved January 27, 1961 (Ga. Laws 1961, p. 2022), as amended by an Act approved February 28, 1966 (Ga. Laws 1966, p. 2275), so as to change the compensation of the deputy sheriffs; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
An Act placing the sheriff of Butts County on an annual salary, approved January 27, 1961 (Ga. Laws 1961, p. 2022), as amended by an Act approved February 28, 1966 (Ga. Laws 1966, p. 2275), is hereby

FRIDAY, FEBRUARY 16, 1968

1729

amended by striking from Section 4 the symbol and figures "$375.00", and substituting in lieu thereof the symbol and figures "$500.00", so that when so amended Section 4 shall read as follows:

"Section 4. The sheriff is hereby authorized to appoint two full-time or part-time deputies to assist him in the performance of his duties, and the compensation of said deputies shall be fixed in an amount not to exceed $500.00 per month by the board of commissioners of roads and revenues for Butts County, Georgia, and shall be payable monthly from the funds of Butts County."

SECTION 2

The provisions of this Act shall become effective on the first day of the month following its approval by the Governor.

SECTION 3

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

Mr. Clarke of the 45th moved that the House agree to the Senate substitute.

On the motion, the ayes were 103, nays 0.

The Senate substitute to HB 913 was agreed to.

HB 992. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to repeal Section 3 of an Act governing and regulating the use of public roads and highways of this State, so as to eliminate the authority of the Public Service Commission to issue special permits for the operation of motor vehicles exceeding certain lengths, and to remove the prohibition against construing the provisions of this Act to prohibit the hauling of timber, lumber and piling of motor vehicles; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act governing and regulating the use of the public roads and highways in this State, approved March 27, 1941 (Ga. Laws 1941, p. 449) as amended, by an Act approved February 21, 1951 (Ga. Laws 1951, p. 772), an Act approved March 3, 1955 (Ga.

1730

JOURNAL OP THE HOUSE,

Laws 1955, p. 392), an Act approved February 13, 1956 (Ga. Laws 1956, p. 83), an Act approved February 4, 1959 (Ga. Laws 1959, p. 27), an Act approved February 17, 1964 (Ga. Laws 1964, p. 83), and an Act approved March 12, 1965 (Ga. Laws 1965, p. 206), so as to provide that loads of poles, logs, pilings, lumber, structural steel, timber structural members, piping, timber, and pre-stressed and pre-cast concrete may exceed the length fixed by this Act without requiring a special permit, but a special permit shall be required if the total length of vehicle and load exceeds seventy-five (75) feet; to remove the provision au thorizing vehicles owned by a contractor who has a contract with the State Highway Department to exceed the weight and length limitations when used in connection with such contract without the necessity of obtaining a special permit; to provide a schedule of fees for excess dimensions, length and weight permits; to provide for annual permits under a schedule of fees for motor vehicles exceeding certain lengths while transporting poles and pilings from the woods to the processing plant and motor vehicles transporting poles for utility companies; to provide that special permits may be issued for oversized vehicles on application to the State Highway Department; to provide that such permits may be issued without specifying license plates numbers in order that permits may be interchanged from vehicle to vehicle; to provide that State Highway Department may promulgate reasonable rules and regulations which are necessary or desirable governing the issuance of such permits, provided such rules and regulations are not in conflict with this Act and other provisions of law; so as to eliminate the author ity of the Public Service Commission to issue special permits for the operation of motor vehicles exceeding certain lengths, and to reduce the hauling of timber, lumber and piling by motor vehicles from the forest where cut to the owner's place of business, plant, plantation or residence without the county where originally cut or the adjoining county to 23,000 pounds per axle load and to 75,000 pounds maximum gross load; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act governing and regulating the use of the public roads and highways in this State, approved March 27, 1941 (Ga. Laws 1941, p. 449), as amended, by an Act approved February 21 1951 (Ga. Laws 1951, p. 772), an Act approved March 3, 1955 (Ga. Laws 1955, p. 392), an Act approved February 13, 1956 (Ga. Laws 1956, p. 83), an Act approved February 4, 1959 (Ga. Laws 1959, p. 27), an Act approved February 17, 1964 (Ga. Laws 1964, p. 83), and an Act approved March 12, 1965 (Ga. Laws 1965, p. 206), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:

"Section 1. (a) No vehicle shall exceed a total outside width, including load thereon, of ninety-six (96) inches, not including mirrors and accessories attached thereto; no vehicle unladen or with load shall exceed a height of thirteen (13) feet, six (6) inches; no vehicle or combination of vehicles shall exceed a total length of fifty-five (55) feet; single trip movements for necessary purposes of materials, objectives or vehicles of dimensions which exceed the limits herein provided and which are of such nature that they cannot be readily dismantled or separated may be permitted but

FRIDAY, FEBRUARY 16, 1968

1731

only upon the issuance of a special permit for such purpose, for a fee determined by the scale in Subsection (d); provided, that farm ing or agricultural equipment or forest management equipment, except vehicles hauling forest products, whether self-propelled or being hauled, may exceed the width or length herein fixed without requiring a special permit when such vehicle is being operated upon a public road or public highway during daylight hours, by the owner thereof or his agent, within a radius of forty (40) miles of the property of the owner, except on any highway comprising a portion of the National System of Interstate and Defense High ways. Provided, further, that loads of poles, logs, pilings, lumber, structural steel, timber, structural members, piping, and pre-stressed and pre-cast concrete may exceed the length herein fixed without requiring a special permit, but a special permit shall be required if the total length of vehicle and load exceeds seventy-five (75) feet. Also further provided that vehicles transporting motor vehicles (commonly known as automobile carriers), may exceed the length herein fixed, but the total length of vehicle and load shall not exceed sixty (60) feet.

(b) No wheel on any vehicle operated upon any public road or public highway of this State, equipped with high pressure, pneu matic, solid rubber or cushion tires shall carry a load which exceeds eight thousand (8,000) pounds by more than thirteen (13) per cent, or an axle load which exceeds sixteen thousand (16,000) pounds by more than thirteen (13) per cent; no wheel equipped with low pressure pneumatic tires shall carry a load which exceeds nine thousand (9,000) pounds by more than thirteen (13) per cent, or any axle load which exceeds eighteen thousand (18,000) pounds by more than thirteen (13) per cent; an axle load shall be defined as the total load on all wheels whose centers may be included between two (2) parallel transverse vertical planes forty (40) inches apart. If the driver of any vehicle can comply with the requirements of this Section by shifting or equalizing the load on all wheels or axles and does so when requested by the proper authority, said driver shall not be held to be operating in violation of this Section.

(c) Provided however:

(i) that the maximum total gross weight shall not exceed seventy-three thousand two hundred eighty (73,280) pounds;

(ii) that no roads constructed under the Rural Road Authority this maximum total gross weight shall not exceed fifty-six (56) thousand (56,000) pounds unless the vehicle is making a pickup or delivery on such roads. Provided further, that no officer or em ployee shall grant, authorized, or allow any length, height or weight in excess of the limitations herein provided (except by special permit as defined in this Act) in any manner whatsoever. It shall be the duty of the Department of Public Safety and of all other law enforcement officers to enforce this Section.

(d) Charges for the issuance of special permits shall be made as follows:

1732

JOURNAL OP THE HOUSE,

(1) Mobile homes and boats (single trip permits only):
(a) Up to and including twelve (12) feet wide, seventy-five feet long _______________.._______________________________-,,_____________-.$ 2.50
(b) Boats in excess of twelve (12) feet wide .--____-__-.____ $20.00
(c) Mobile homes in excess of seventy-five (75) feet long- $20.00
(2) Twelve (12) month permit on mobile homes and boats up to and including twelve (12) feet wide, seventyfive (75) feet long __.___________._._______________.__.__________.______.__.____.$25.00
(3) Heavy equipment (single trip permits only):
(a) Over on only one of the following limitations, weight, length, height, width ------_-----_-_--_------_...-------------$ 2.50
(b) Over more than one of the above limitations ._____________$ 5.00
(4) Twelve (12) month permit on heavy equipment:
(a) Overweight .____-___--___._-________-.___-___._-__-_--____.__._____-_________._$50.00
(b) Overlength __..__.__.________..__._.______.____._.__._.____.__._______.-_____..?25.00
(c) Overwidth ______________._____.._,,_____.__________._____.___..________$25.00
(5) Miscellaneous (single trip permits only):
(a) Houses --_____.___________.___.-__-_-___._____.__-___.___.._._-_._.__________.$10.00
(b) Off-the-road equipment .________-___---_.___-______,,______-_.__.__.$ 2.50
(c) Timber, structural members, poles and piling over (75) feet long ___________,,__.__._.________-___-._._____.______-__-_.___-_________.______$ 2.50
(d) Other oversized equipment not herein specified ______-$20.00
(e) In addition to the single trip permits as defined in para graph (a) above, annual permits for motor vehicles exceeding the seventy-five (75) foot limitation, provided for in Section 1 (a) of this Act, may be secured for motor vehicles transporting poles and pilings from the woods to the processing plant (for the purpose of this Act 'processing plants', is hereby defined as a business or activity engaged in the treating, preserving and manufacturing of poles and pilings for commercial purposes) and motor vehicles transporting poles for utility companies when such poles cannot be readily dismantled or separated.

Charges for the issuance of the annual permits shall be $25.00 per vehicle.

Permits specified in this Act shall be issued on application to the State Highway Department to persons, firms or corporations without specifying license plate numbers in order that such permits which are issued on an annual basis may be interchanged from vehicle to vehicle; provided, however, that all such permits shall be carried in the vehicle to be valid. The State Highway Department is hereby authorized to promulgate reasonable rules and regulations which are necessary or desirable governing the issuance of such

FRIDAY, FEBRUARY 16, 1968

1733

permits; provided such rules and regulations are not in conflict with the provisions of this Act and other provisions of law.

This Subsection shall not be applicable to persons, firms or corporations transporting forest products not herein specified in Subsection (e) hereof.

The provisions of this Section (Section 1) shall become effective May 1, 1968."

Section 2. That Section 3 of the Act governing and regulating the use of public roads and highways of this State, approved March 27, 1941 (Ga. Laws 1941, p. 449), as amended, shall be amended further by a new Section 3 to provide:

"Motor vehicles or combination of vehicles hauling forest prod ucts from the forest where cut to the owner's place of business, plant, plantation or residence within the county where originally cut or the adjoining county shall not exceed an axle load of 23,000 pounds. Such vehicles shall not exceed a maximum gross load of 75,000 pounds. Every vehicle using the highways at night shall be equipped with lights clearly visible for a distance of not less than three hundred (300) feet from the front and rear thereof."

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

Mr. Vaughn of the 117th moved that the House disagree to the Senate substitute.

Mr. Howell of the 86th made a substitute motion that the House agree to the Senate substitute.

On the motion to agree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Those not voting were Messrs.:

Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K.

Black Bostick Bowen Branch Brantley, H. L. Bray Buck Busbee

Caldwell Clarke Cole Collins, M. Conner Dailey Dixon Dodson

1734
Dollar Dorminy Doster Douglas Edwards Tallin Floyd Gay Gaynor Gignilliat Hadaway Hall Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Holder Howard Howell Hutchinson Johnson, A. S. Johnson, B. Joiner Jones, C. M.

JOURNAL OF THE HOUSE,

Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Land Lane, W. J. Leggett Lewis Lovell Magoon Matthews, C. Matthews, D. R. Maxwell McCracken Miller Mixon
Moore, J. H. Mullinax Nessmith Newton Ninimer Northcutt Oglesby Pafford

Parker, C. A. Parker, H. W. Parrish Peterson Poss Ragland Rainey Reaves Rowland Rush Russell Savage Scarlett Shanahan Sims Sullivan Sweat Thompson, A. W. Wamble Ward Ware Wells Whaley Wilson, R. W. Winkles

Those voting in the negative were Messrs.:

Adams Blalock Bond Brown, C. Carnes Cheeks Colwell Cook Cooper, B. Cooper, J. R. Cox Crowe, William Daugherty Davis Dean DeLong Dent Dickinson Dillon Egan Farrar Fleming

Funk Gary Grier Henderson Hill Hood Jenkins Laite Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Longino Malone Mason Mauldin
McDaniell Moore, Don C. Palmer Potts

Richardson Roach Ross Sherman Shields Smith, V. T. Smith, W. L. Stalnaker Steis Thompson, R. Threadgill Townsend Tucker Turner Vaughan, D. N. Vaughn, C. R. Walling Westlake Wiggins Williams Wood

Those not voting were Messrs.:

Alexander Brantley, H. H.

Brown, B. D. Gates

Cato Chandler

Collins, J. F. Crowe, W. J. Farmer Grahl Graves
Gunter Hale
Hamilton Higginbotham Lambros Lowrey

FRIDAY, FEBRUARY 16, 1968

1735

McClatchey Melton Merritt Moate Moreland
Murphy Nash
Odom Otwell Paris Phillips

Pickard Shuman Simmons Smith, G. W. Smith, J. R.
Snow Starnes
Tye Underwood Wilson, J. M. Mr. Speaker

On the motion, the ayes were 101, nays 65.

The motion to agree was lost, and the House disagreed to the Senate substitute.

Mrs. Merritt of the 68th stated that she had been called from the floor of the House when the roll was called on the motion to agree to the Senate sub stitute, but had she been present would have voted "nay".

Mr. Dorminy of the 72nd moved that the House reconsider its action in disagreeing with the Senate substitute to HB 992.

On the motion to reconsider, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Bostick Bowen Branch Brantley, H. L. Bray Buck Busbee Caldwell

Cato Clarke Collins, M. Conner Cooper, B. Dailey Dixon Dodson Dollar Dorminy Doster Douglas Edwards Fallin Farmer Floyd Gay Gaynor

Gignilliat Hadaway Hall Hargrett Harris, J. R. Harris, R. W. Harrison Holder Howell Hutchinson Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jordan, G. Jordan, W. H. Kaylor Kirksey

1736
Knapp Lane, W. J. Leggett Lewis Lovell Lowrey Magoon Matthews, C. Matthews, D. R. Maxwell McCracken Miller Mixon Moore, J. H. Mullinax Nessmith Newton

JOURNAL OF THE HOUSE,

Nimmer Northcutt Oglesby Otwell Pafford Parker, C. A. Parker, H. W. Parrish
Peterson Poss Ragland
Rainey Reaves
Richardson Rowland Rush Russell

Savage Scarlett Shanahan Sims Smith, W. L. Sullivan
Sweat Thompson, A. W. Underwood
Wamble Ward Ware Wells Whaley Wilson, J. M. Wilson, R. W. Winkles

Those voting in the negative were Messrs.

Blalock Bond Cheeks
Cole Colwell Cooper, J. R. Cox Crowe, William
Daugherty Davis Dean Dickinson Egan Farrar Funk Gary Grier Harris, J. F.

Henderson Higginbotham
Hill Hood Jenkins Jones, M. Laite Lane, Dick
Lee, W. S. Leonard Levitas Malone Mauldin McDaniell Merritt Moore, Don C. Palmer
Potts

Those not voting were Messrs.:

Alexander Brantley, H. H. Brown, B. D. Brown, C. Carnes Gates Chandler Collins, J. F. Cook Crowe, W. J. DeLong Dent

Dillon Fleming Grahl Graves Gunter Hale Hamilton Harrington Howard Lambert Lambros Land

Roach Ross Sherman Shields Smith, V. T. Steis Thompson, R. Threadgill Townsend Tucker Turner Vaughan, D. N. Vaughn, C. R. Walling Westlake Wiggins Williams Wood
Lee, W. J. (Bill) Longino Mason McClatchey Melton Moate Moreland Murphy Nash Odom Paris Phillips

Pickard Shuman Simmons Smith, G. W.

FRIDAY, FEBRUARY 16, 1968

1737

Smith, J. R. Snow Stalnaker Starnes

Tye Mr. Speaker

On the motion, the ayes were 105, nays 54.

The motion prevailed, and the House reconsidered its action in disagreeing to the Senate substitute.

Mr. Vaughan of the 117th moved that the House disagree to the Senate substitute.
Mr. Howell of the 86th made a substitute motion that the House agree to the Senate substitute.

On the motion to agree, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Anderson Ballard Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Bostick Bowen Brantley, H. L. Bray Busbee Caldwell Cato Cheeks Clarke Collins, J. F. Collins, M. Conner Dailey Davis Dixon Dodson Dollar Dorminy

Doster Douglas Fallin Floyd Gay Gaynor Gignilliat Graves Gunter Hadaway Hall Hargrett Harris, J. F. Harris, R. W. Harrison Henderson Holder Howell Hutchinson Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jordan, G. Jordan, W. H. Kaylor Kirksey

Knapp Land Lane, W. J. Lewis Lovell Magoon Matthews, C. Matthews, D. R. McCracken Miller Mixon Moate Mullinax Nessmith Newton Nimmer Northcutt Oglesby Pafford Parker, C. A. Parker, H. W. Parrish Peterson Poss Ragland Rainey Reaves

1738
Rowland Rush Russell Savage Scarlett Shanahan Sims

JOURNAL OP THE HOUSE,

Smith, J. R. Starnes Sullivan Sweat Thompson, A. W. Underwood Wamble

Ward Ware Wells Whaley Wilson, J. M. Wilson, R. W. Winkles

Those voting in the negative were Messrs.:

Barber Blalock Bond Cole Colwell Cooper, B. Cooper, J. R. Cox Daugherty Dean DeLong Dent Dickinson Edwards Egan Funk Gary Harris, J. R. Hill Jenkins

Jones, M. Laite Lambert Lambros Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Longino Malone Mauldin Maxwell McDaniell Merritt Moore, Don C. Moore, J. H. Murphy Otwell Palmer

Potts Richardson Roach Ross Sherman Shields Smith, V. T. Steis Thompson, R. Threadgill Tucker Turner Vaughan, D. N. Vaughn, C. R. Walling Wiggins Williams Wood

Those not voting were Messrs.:

Alexander Branch Brantley, H. H. Brown, B. D. Brown C. Buck Carnes Gates Chandler Cook Crowe, Wililam Crowe, W. J. Dillon Farmer Farrar

Fleming Grahl Grier Hale Hamilton Harrington Higginbotham Hood Howard Leggett Lowrey Mason McClatchey Melton Moreland

Nash Odom Paris Phillips Pickard Shuman Simmons Smith, G. W. Smith, W. L. Snow Stalnaker Townsend Tye Westlake Mr. Speaker

On the motion, the ayes were 102, nays 58.

The Speaker voted "aye".

FRIDAY, FEBRUARY 16, 1968

1739

The motion prevailed, and the Senate substitute to HB 992 was agreed to.

Mr. Funk of the 116th arose to a point of personal privilege and addressed the House.

Under the general order of business established by the Committee on Rules, the following Bill of the House was again taken up for consideration:
HB 1035. By Mr. Murphy of the 26th: A Bill to be entitled an Act to amend an Act establishing a retirement benefit for ordinaries, so as to provide for retirement benefits for the secretary-treasurer; and for other purposes.
The following amendment was read and adopted:
The Committee on State of Republic moves to amend HB 1035 as follows:
By striking from quoted subsection (c) of Section 7 which sub section is quoted in Section 4 of said bill, the following:
"May 1, 1968"
and substituting in lieu thereof the following:
"January 1, 1969".
By striking from quoted subsection (d) of Section 7 which subsec tion is quoted in Section 5 of said Bill, the following:
"May 1, 1968"
and substituting in lieu thereof the following:
"January 1, 1969".
By striking in its entirety Section 11 and renumbering Section 12 as Section 11.

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, as amended, the ayes were 110, nays 7.

1740

JOURNAL OF THE HOUSE,

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

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House amendment to the Senate substitute to the following Bill of the House, to-wit:

HB 248. By Messrs. Levitas and Harris of the 118th, Vaughn, Palmer of the 117th and others:
A Bill to amend Code Section 34-602 of the Georgia Election Code relating to elector qualifications for applicants acquiring age and resi dence qualifications, so as to provide different voter registration re quirements in regard to elections for presidential and vice-presidential electors and for Governor and Lieutenant Governor; and for other purposes.

The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate, to-wit:

SR 231. By Senator Smith of the 18th: A Resolution relative to adjournment; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 1226. By Mr. Caldwell of the 51st:
A Bill to amend Code Section 47-101, so as to redefine certain repre sentative districts and to reapportion Representatives among certain of the districts; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit:

SB 310. By Senators Sells of the 37th, Ward of the 39th, Smith of the 34th and others:
A Bill to amend an Act to require the Tax Receiver or Tax Commis sioner of Fulton County to receive tax returns for the city of Atlanta

FRIDAY, FEBRUARY 16, 1968

1741

for all property taxable in that portion of the city of Atlanta located in Fulton County; to repeal conflicting laws; and for other purposes.

By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee on Local Affairs:

SB 310. By Senators Sells of the 37th, Ward of the 39th, Smith of the 34th and others:
A Bill to be entitled an Act to amend an Act to require the Tax Receiver or Tax Commissioner of Fulton County to receive tax returns for the City of Atlanta for all property taxable in that portion of the City of Atlanta located in Fulton County; and for other purposes.

The following Resolution of the Senate was read and adopted:

SR 231. By Senator Smith of the 18th:
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE SENATE, the House of Representa tives concurring, that the General Assembly do adjourn on Friday, Febru ary 16, 1968, at 8:00 o'clock p.m. and reconvene on Monday, February 26, 1968, at 10:00 o'clock a.m.
BE IT FURTHER RESOLVED that Senate Resolution 226 is hereby repealed in its entirety.

Under the general order of business established by the Committee on Rules, the following Bill of the House, having been read the third time on the previous legislative day, was again taken up for consideration:

HB 960. By Messrs. Murphy of the 26th, Caldwell of the 51st, Lane of the 64th and Paris of the 23rd:
A Bill to be entitled an Act to amend an Act providing appropriations for the fiscal years 1967-1968 and 1968-1969, generally known as the General Appropriations Act, so as to change the appropriations and provisions relative to the fiscal year 1967-1968 and the fiscal year 1968-1969; and for other purposes.

The Speaker resolved the House into a Committee of the Whole, designating Mr. Floyd of the 7th as Chairman thereof, for the purpose of considering HB 960.

1742

JOURNAL OF THE HOUSE,

The Committee of the Whole arose and through its Chairman reported HB 960 back to the House with the recommendation that the same Do Pass, by sub stitute, as amended.

The following Committee substitute was read:

A BILL
To be entitled an Act to amend an Act providing appropriations for the fiscal year 1967-68 and 1968-69, generally known as the General Appropriations Act, approved March 17, 1967 (Ga. Laws 1967, p. 41), so as to change the appropriations and provisions relative to the fiscal years 1967-68 and 1968-69; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I.

This Article relates only to changes in the appropriations and pro visions relative to the fiscal year 1967-68.

Section 1. An Act providing appropriations for the fiscal years 1967-68 and 1968-69, generally known as the General Appropriations Act, approved March 17, 1967 (Ga. Laws 1967, p. 41), is hereby amended by striking Paragraph B of Section 26, relating to the Department of Revenue, in its entirety and inserting in lieu thereof a new Paragraph B to read as follows:

TOTAL APPROPRIATION 1968-69 .........._...._..........._._$856,972,411.90

"B. Grants to Counties--Tax Re-evaluation. For grants to counties in accordance with rules and regu lations set up by the Commissioner of Revenue for assisting counties in financing tax re-evaluation studies.

1967-68 .,,.......................-.....-...........----------$ 100,000.00

Provided that the allocations to objects in the Budget Report, as amended by the supplement there to, shall be changed to read as follows:
Grants to Counties -_-..._._-.__.._...._----_._._....-_.....$

1967-68 100,000.00"

Section 2. Said Act is further amended by striking Section 35A in its entirety and inserting in lieu thereof
a new Section 35A to read as follows:

"Section 35. Corrections, State Board of.

FRIDAY, FEBRUARY 16, 1968

1743

A. For the administrative expenses of the State Board of Corrections, including the cost of operation of the State Prison System.

1967-68 ........-.--.....,,__.......-....-,,.-..............-...-_.$ 8,567,000.00

Provided that no funds appropriated in this sec tion or otherwise available, shall be used to pay a salary in excess of the Director's salary, except salaries for physicians. Provided that the allocations to objects in the Budget Report, as amended by the supplement thereto, shall be changed to read as follows:
Capital Outlay

1967-68 950,000.00"

Section 3. Said Act is further amended by striking Paragraph A of Section 38, relating to the State Board of Education and the Department of Education, in its en tirety and inserting in lieu thereof a new Paragraph A to read as follows:

"A. For matching vocational rehabilitation funds in cooperation with the Federal government; for operation of vocational trade schools; for oper ation of public and rural library programs; for oper ation of School for the Deaf and Academy for the Blind; for programs for exceptional children; for grants in aid to the public common schools, under provisions of law; for free textbooks for children attending public common schools; for the salaries of county school superintendents; for the operating costs of the Department; for educational grants, in cluding the grants to teachers for scholarships, as provided by law; and for any other expense author ized by law, payable from the common school funds.

1967-68 .,,_-..-....._...........,,,,.____.-..........,,._._--_.$294,794,399.00

Provided that the allocations to objects in the Budget Report, as amended by the supplement there to, shall be changed to read as follows:
1967-68 Personal Services ._.____________._.._____$ 15,985,127.00

Operating Expenses ............__.___.-.............________---..$ 14,760,691.00

Maintenance Operation and Sick Leave _______,,____.$ 27,059,469.00

Mid-Term Adjustments _____-____-_____-_____,,__.__________$ 934,291.00

Isolated Schools

_.......-_---,,,, ,,? 66,135.00

Alto Maintenance, Operation and Sick Leave .-...$ 16,972.00

Public Library Services and Materials _______________$ 1,912,118.00

1744

JOURNAL OF THE HOUSE,

Contingency Fund ...................................................^

-0-

Driver Education Summer Program ._..__...._.._..$

-0-

Fellowships and Traineeships for Teachers of Exceptional Children _.._,,_.._...._____.._.__.....$

69,690.00

Teachers Salaries .....,,-,,.-..............,,_.,,...................$185,854,965.00

School Lunch Operations (Manners,

Nutrition, Health and Hygiene) ----__--___--$

-0-

Supplements for School Lunch Managers --_,,--_.$

-0-

Adult Basic Education ..--.....____.__.._.._.........._._....__$ 334,231.00

Provided that none of the funds appropriated above may be used to initiate or commence any new program or project that would require operating funds or capital outlay funds beyond the present biennium, unless such program or project has been specifically authorized by the General Assembly.

Provided, however, that in those new program areas where Federal funds are accepted by the State Board of Education under Code Section 32-413, the Budget Bureau shall reduce the appropriation for any item or part thereof which can be financed with Federal funds in lieu of State funds under the terms of the Federal act, except for funds necessary to match such Federal grants. Nothing in this section shall be interpreted in such a way as to reduce eligibility of the State for Federal funds or to au thorize reduction of the State appropriation for pro grams for which commitments have already been made to local systems.

Funds appropriated for Section 12 of MFPE Act No. 523 shall be paid for salaries of certificated professional personnel serving as principals, instruc tional supervisors, visiting teachers, librarians, guidance counselors, and other certificated profes sional personnel.

The salary index value of 100 referred to in Section 9 of the Minimum Foundation Program of Education Act shall be a minimum of $4,800.00 as of September 1, 1967."

Section 4. Said Act is further amended by striking Section 40 in its entirety and inserting in lieu thereof a new Section 40 to read as follows:
"Section 40. Higher Education Assistance Committee.

1967-68 ...............

..^ 700,000.00

FRIDAY, FEBRUARY 16, 1968

1745

Provided that the allocations to objects in the Budget Report shall not apply and the Budget Bu reau shall approve all expenditures by objects as provided by law."

Section 5. Said Act is further amended by striking Paragraphs B and C of Section 45, relating to Public Welfare and the Department of Family and Children Services, and inserting in lieu thereof new Paragraphs B and C to read as follows:

"B. Benefits. For benefits to the aged, the blind, the permanently and totally disabled, and de pendent children; and for children and youth care as authorized by law.

"1967-68 _._-_...__.___............___-_-......._-_____---- $ 29,574,945.00

"C. Grants to counties for administration and services.

For the cost of participating with the Federal government and counties in the administration of local welfare programs.

1967-68 _...___-__-..___------_.-_._--_------.$ 5,631,000.00

Provided further that the allocations to ob jects in the Budget Report, as amended by the sup plement thereto, shall be changed to read as follows:

1967-68 Personal Services _-.,,___-_..-......____--_--........_----_-----.$ 3,129,160.00 Operating Expenses __..-.......-_.---..-.....----_---..$138,012,700.00"

Section 6. Said Act is further amended by striking Paragraph H of Section 46, relating to the Department of Public Health, in its entirety and inserting in lieu thereof a new Paragraph H to read as follows:

"H. Georgia Mental Health Institute. For the cost of operating the Georgia Mental Health Insti tute, including pre-admission and post discharge services.
1967-68 .....__-__.__._......__-_---...._____-..-_---.....$

3,300,000.00

Provided that the allocations to objects for this budget unit shall be changed to read as follows:
Personal Services .,,_-...............__.........._..,,..,,..._..___..$ Operating Expenses .._...._.....................__,,...._..____....$

1967-68 2,427,894.00
1,053,022.00"

1746

JOURNAL OF THE HOUSE,

Section 6A. Said Act is further amended by adding at the end of Section 33 the following:
"Fire Ant Eradication Program __--__.___________--.$ 500,000.00
Provided that the allocations to objects in the Budget Report shall not apply, and the Budget Bu reau shall determine the allocations to objects, sub ject to approval by the Fiscal Affairs Subcommittees of the Senate and the House of Representatives."
Section 6B. Said Act is further amended by adding a new subparagraph to the end of Section 47F to read as follows:
"(d) In the event those projects described in subparagraph (a) herein fail to receive 50% Federal participation funds, the funds for said projects may be allocated hereunder and expended on the basis of 50% participation from the state and 50% participa tion local funds."
Section 7. Said Act is further amended by striking from Section 54 the following:
"TOTAL APPROPRIATION 1967-68 __.....^$785,339,708.90",
and inserting in lieu thereof the following:
"TOTAL APPROPRIATION 1967-68 __......._.._.$781,624,637.90".

ARTICLE II.

This Article relates only to changes in the appropriations and provisions relative to the fiscal year 1968-69.
Setcion 8. Said Act is further amended by striking the appropriations and other provisions relative to the fiscal year 1968-69 and inserting in lieu thereof the fol lowing new provisions which shall be the appropriations and provisions for said year and which shall be appli cable only to the fiscal year 1968-69. It is not the inten tion of this Article II and this Section 8 in any way to change the provisions of the aforesaid 1967 Act relative to the fiscal year 1967-68.

PART I

LEGISLATIVE BRANCH

Section 1. Legislative Branch.
For compensation, expenses, mileage allowances, travel and benefits for members of the General Assembly and for the officials, employees, and committees of the

FRIDAY, FEBRUARY 16, 1968

1747

General Assembly, and each branch thereof; for cost of operating the Office of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, National Conference of Commissioners on Uniform State Laws; National Con ference of Legislative Leaders and Marine Fisheries Compact; for equipment, supplies, repairs, printing and other incidental expenses for the legislative branch; for the necessary cost of renovating and repairing the housing and other facilities for the legislative branch; for cost of compiling, publishing and distributing the Acts and Journals of the General Assembly, and the annual report of the State Auditor to the General As sembly; for election blanks and any other election ex pense, including publishing constitutional amendments; for all costs of Georgia Official and Statistical Register as provided by resolution; and for cost of Legislative Services Committee and the Office of Legislative Counsel as authorized by law.

1968-69 ......,,........_____.._...........__-_,,.._..._............,,._...$ 3,050,000.00

PART II

JUDICIAL BRANCH

Section 2. Supreme Court.

For the cost of operating the Supreme Court of the State of Georgia, including salaries of justices and the employees of the Court, their retirement contributions and three Emeritus positions. Provided, however, that the
listed appropriation shall be increased by the amount of $12,000.00 per annum for each additional Emeritus posi tion established during the fiscal year. Provided, how ever, that the sum of $7,500.00 shall be allocated for the payment of attorneys' fees and legal expenses for in digent defendants in criminal cases on appeal as pro vided in Georgia Laws 1953, Nov.-Dec. Sess., pp. 478-479.

1968-69 ............

^

Section 3. Court of Appeals.

540,165.00

For the cost of operating the State Court of Appeals including salaries and retirement contributions of judges and employees of the Court, and for the Emeritus Judges of the Court. Provided, however, that the listed appro priation shall be increased by the amount of $12,000.00 per annum for each additional Emeritus position estab lished during the fiscal year.

1968-69 ----------------------------$ 634,000.00

1748

JOURNAL OP THE HOUSE,

Section 4. Superior Courts.
For the cost of operating the Superior Courts of the State of Georgia, including such contingent expense allowances authorized by law, the payment of mileage as authorized by law, and such other expenses as may be authorized by law. Provided, however, that the listed appropriation shall be increased by the amount of $13,334.00 per annum for each additional Judge Emeritus position established during the fiscal year, and by $6,000.00 per annum for each additional Solicitors Gen eral Emeritus position established during the fiscal year.
1968-69 --------_----------------------------$ 2,037,000.00
Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:
1968-69 Personal Services --------------_--------------------$ 1,991,000.00
Section 5. For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals.
1968-69 ----------------------------------$ 35,000.00
PART III
EXECUTIVE BRANCH

GENERAL GOVERNMENT Section 6. Commission on Aging.
1968-69 ----------------- _,,------,,------------$ Section 7. Art Commission, Georgia.
1968-69 -----,,------------------__----- $

44,000.00 87,600.00

Provided that of the amount appropriated for 1968-69, the amount of $39,000.00 shall be matched by $39,000.00 agency funds and expended for the purpose of cultural projects.

Section 8. Audits, Department of.
1968-69 ----------------------------.----------$
Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:

605,000.00

FRIDAY, FEBRUARY 16, 1968

1749

1968-69

Tax Digest Study ........................................... ........^

-0-

Section 9. Banking, Department of.

1968-69 ..................................................__..__.._$ 547,100.00

Section 10. Capitol Square Improvement Com mittee.

A. Operating Costs.

1968-69 ......................................... ^ 150,000.00

B. Capital Outlay--Authority Lease Rentals, Annual Lease payments to State Office Building Authority un der existing leases for Judicial, Agricultural, Health and other State Office Buildings and Facilities.

1968-69 ______________________________________.._._---___.$ 3,112,752.87

Section 11. Comptroller General.

For the cost of operating the Office of the Comp troller General, Insurance Commissioner, Fire Inspection Division, Building Safety Council, Insurance Rate Divi sion, Industrial Loan Commissioner, and the Liquified Petroleum Safety Act.

1968-69 _-__---..-......_.__-.....-.--_-........,,_._-..-..-_,,,,---.,,_..$ 496,000.00

Section 12. Executive Department.

A. For the costs of operating the Executive Depart ment, including the costs and maintenance expenses for the Executive automobiles, transportation costs and communication expenses at the Mansion; and for the con tingent expenses of the Department, such as rewards, dues to the Governors' Conferences, dues to the Southern Interstate Nuclear Compact and special committee ex
penses.

1968-69 _________.._-_------_____----__-_--_---_.-$ 496,000.00

B. For the Governor's Mansion allowance.

1968-69 __________________..._.._....._._.,,_--____.$ 25,000.00

C. Coordinator of Highway Safety.

1968-69 _.._..__.__.-_.--...._._._._---_._....$ 37,598.00

1750

JOURNAL OF THE HOUSE,

Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:

Personal Services __.,,....___....._....,,,,___._.....___.__.$ 59,298.00

Provided that no additional positions shall be paid from the above appropriation.

D. Planning and Programming Bureau.

(a) General operating cost _.........,,.._..........._._...$ 324,077.00

Provided that the allocations to objects in the Bud get Report shall not apply, and the Budget Bureau shall determine the allocation to objects, subject to approval by the Fiscal Affairs Sub-Committees of the Senate and House of Representatives.

(b) Grants to Area Planning and Development

Commissions _-..-..-_-_..._..-.-........-_-...........-..-....--._...$ 823,200.00

Section 13. Budget Bureau.

1968-69 _-_.__._._________.__--..___--.,,__.__--__- $ 270,000.00

Section 14. Georgia Historical Commission.

1968-69 _---_._______--___...,,_________.________.--_,,$ 292,000.00

Provided that the allocations to objects in the Budget Report shall be changed to read as follows:

Capital Outlay .,,._...._...._.....-._.-_....__.__._..$ -0-

Section 15. Industry and Trade, Department of.

A. General Operating Costs.

1968-69 .._-.__._,,...-....._.-...-.-._..._-...._.__.._._--.-...$ 2,377,800.00

Provided that the allocations to objects in the Bud get shall be changed to read as follows:
Capital Outlay ..,,,,_.._._.......,,_,,._.._._.___.-_..?
B. Capital Outlay -- Metropolitan Atlanta Rapid Transit--to be expended under contract with the Metro politan Atlanta Rapid Transit Authority.
1968-69 _,,,,,,____.-_._--_--__._------_~_--__---?

250,000.00 250,000.00

FRIDAY, FEBRUARY 16, 1968

1751

C. Capital Outlay--Authority Lease Rentals-- An nual Lease payments to Georgia Ports Authority.

1968-69 ---------_-__,,___.___._____._._.._$ 2,130,000.00

Provided that from the above appropriated amounts $625,000.00 is designated and committed to pay rentals to said Authority to permit the issuance of bonds to finance new projects.

D. Capital Outlay--Georgia Welcome Center

1968-69 ------__._________.__

..$ 85,000.00

Provided that the above appropriated funds shall be expended only to construct and equip a Georgia Welcome
Center facility to be located on Interstate 85 in the vi cinity of West Point, Georgia.

Section 16. Labor, Department of.

A. For the cost of operating the Commissioner's Office and Factory Inspection Division.

1968-69 -----_-------.____________________ _^_ ___.___$ 308,400.00

B. For that part of cost of operations of Employ ment Security Agency as authorized by Act approved March 8, 1945.

1968-69

85,000.00

Section 17. Law, Department of.

For the cost of operating the Department of Law, provided that the compensation of all Assistant Attor neys General, Deputy Assistant Attorneys General, all law clerks, stenographic help, necessary to carry on the legal duties of the State, required of the Department of Law, or any agency of the State in the Executive Branch of the State government, shall be paid from this fund. No other agency is authorized to expend funds appro priated or otherwise available from any source for the support and maintenance of the respective agency for the purposes for which provision is made in this item, unless the payment is for reimbursement to the Depart ment of Law by the State Highway Department for ex penses incurred for legal services by any Assistant At torneys General or Deputy Assistant Attorneys General assigned by the Attorney General of Georgia to perform specific items of legal work in connection with the acqui sition of the rights-of-way on the State road system, and contract law suits, or unless the payment is made from

1752

JOURNAL OP THE HOUSE,

funds appropriated to the Executive Department for the payment of salaries and expenses of the two Assistant Attorneys General or Deputy Assistant Attorneys Gen eral authorized to be appointed by the Governor.

1968-69 ..____.__,,____________.___._____.__ ..$ 783,900.00

Section 18. Library, State.

1968-69 __..____...__._________._______________,,__________ ..$ 116,750.00

Section 19. Literature Commission, State.

1968-69 _______,,________,,_____-___,,________

20,000.00

Section 20. Pharmacy Board. For cost of operating the office of Chief Drug Inspector.

1968-69 ........................................ ^ 120,700.00

Section 21. Public Defense, Department of.

For the cost of operating the Military Division, aid to military organizations and the cost of operating the Civil Defense Division, and the Office of Emergency Planning.

1968-69 ____________________--_________._._____$ 1,014,200.00

Section 22. Public Safety Department of.

1968-69 ............__ _,,.______.....___________________.$ 11,271,283.00

Provided that the allocations to objects in the Budget Report shall be changed to read as follows:

Personal Services _________-.___________-________$ 8,170,600.00

Operating Expenses ........_.______...._.___..$ 3,207,383.00

Capital Outlay .________._,,..__-._______..______$

-0-

Provided, however, that the Director of the Depart ment of Public Safety is hereby authorized to pay dues for Georgia's portion of the cost of membership in the Vehicle Equipment Safety Compact, the American Asso ciation of Motor Vehicle Administrators, and the Inter national Association of Chiefs of Police (State and Pro vincial Police).
Section 23. Public Service Commission.

For the cost of operating the Utilities Division and

FRIDAY, FEBRUARY 16, 1968

1753

the Motor Carrier Division of the Public Service Com mission.

1968-69 ________________________-----.---.-..-..,,..$ 647,500.00

Section 24. Purchases, Supervisor of.

1968-69 ..................... __._...._._.$ 433,800.00

Section 25. Recreation Commission.

1968-69 .........................................._.$ 104,000.00

Section 26. Revenue, Department of.

A. For cost of operating the Department of Rev enue.

1968-69 ______________________ ._____.____,,____._...........$ 12,584,800.00

B. Grants to counties--Tax reevaluation. For grants to counties in accordance with rules and regulations set up by the Commissioner of Revenue for assisting coun ties in financing tax reevaluation studies.
1968-69

75,000.00

C. Loans to counties--Tax reevaluation. There is hereby appropriated for the fiscal year 1968-69 the amount of such repayments of county tax evaluation loans as may be made by such counties during the fiscal year in such amount and for the same purpose as origi nally appropriated, but not to exceed $400,000.00 in the fiscal year. Such amount shall be available for further tax evaluation loans to counties.

Section 27. Science and Technology Commission.

1968-69 ............. .^.. ......... ..$ 55,450.00

Provided that the allocations to objects in the Budegt Report shall be changed to read as follows:

Personal Services .....................................................^ Operating Expenses ...........................--.............^

46,500.00 8,950.00

Section 28. Secretary of State.

A. Combined Divisions. For the cost of operating the office of Secretary of State, and all other programs administered through such office.

1754

JOURNAL OF THE HOUSE,

1968-69 ^-----------------------_----------------$ 722,300.00

Provided that the allocations to objects in the Budget Report shall be changed to read as follows:

Personal Services ...------..._------ ......_.,,._..--__._.$ 1,771,050.00 Operating Expenses --------------_------------_----$ 694,350.00

Provided that of the above amount, $25,000.00 shall be for the State Election Board.

B. Examining Boards.

1968-69 ------_------------_----.-,,-$ 754,100.00

C. Archives and Records. For the cost of operations of archives and history, microfilming and housing rec ords, and the State Museum, including lease rental pay ments to the State Office Building Authority for the State Archives Building in the amount of $815,000.00 per annum.

1968-69 ----__----------___--------------------------$ 1,377,600.00

D. Buildings and Grounds. For the cost of operating the State Capitol Building and grounds, the maintenance of Confederate cemeteries, the repairs, furnishings, equipment, light, power, water and upkeep of grounds at the Mansion and for insurance on public property not otherwise provided for.

1968-69 __-----------------------_----_------------$ 436,100.00

E. Special Repairs. Capitol Building, Mansion and Legislative Chambers, Rooms, Offices and Facilities.

1968-69 ---------------------------------------- -$ 100,000.00

F. Executive Center. For operation of Executive Center.

1968-69 ----------------------------------------$ 60,000.00

Section 29. State Properties Control Commission.

For the cost of operating State Properties Control Commission.

1968-69 -------------------------_-..--------$ 50,000.00

FRIDAY, FEBRUARY 16, 1968

1755

Section 30. Treasury, State.

For operation of State Treasury, including Bond Commissioner.

1968-69 ._,,------------------------__----.------_.$ 139,500.00

Section 31. Veterans Service.

A. For the cost of operating the Department of Veterans Service.

1968-69 ------------------------------___..__----$ 1,108,700.00

B. For the cost of operating the Veterans Service Board, War Veterans Home, and Veterans Nursing Home.

1968-69 _-----------------------------$ 1,044,800.00

C. For the cost of pensions to Confederate Widows.

1968-69 --------------------------$ 72,190.00

Section 32. Workmen's Compensation, State Board of.

For the cost of operating the State Board of Work men's Compensation.

1968-69 .----.-_------------------------$ 661,300.00

AGRICULTURE AND CONSERVATION

Section 33. Agriculture, Department of.

A. For the operation of all activities of the Depart ment including the operation of Farmers' Markets.

1968-69 ----_--------------------------$ 7,656,200.00

Provided that the allocations to objects in the Budget Report shall be changed to read as follows:

Capital Outlay -----_-.---------_------------$

-0-

B. Capital Outlay--Authority Lease Rentals--An nual Lease payments to Georgia Farmers' Market Au thority.
1968-69 -----------------------------------$

750,000.00

1756

JOURNAL OF THE HOUSE,

Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:

Authority Lease Rentals _--------_--___------_____.$ 750,000.00

Section 34. Conservation.

A. Forestry Commission.

1968-69 _.__,,__ _____ ___.___,,$ 4,910,626.00

Provided that the allocations to objects in the Budget Report shall be changed to read as follows:

Capital Outlay _,,.___._________-.-_________._.__________.________$

-0-

B. Forest Research Council.

1968-69 -____,,__-.__________.__-______..___________.__..$ 384,300.00

C. Game and Fish Commission.

1968-69 _______.--.____ ______ ._______.--_-__.____$ 3,387,769.00

Provided that the allocations to objects in the Budget Report shall be changed to read as follows:

Personal Services _______,,._._._________._______,,_____.___$ 2,474,038.00 Operating Expenses ________----_______,,_______--,,,,____$ 1,441,807.00 Capital Outlay _,,,,__._._.____.__,,__,,_________.-_____.__$ 311,908.00

D. Jekyll Island Committee.

1968-69 -______-,,__.-___.__________-_.______._-____.--_____.___.$ 430,000.00

E. Mineral Leasing Commission. 1968-69 _____._.-................-..--.-.........-..-....----.I

5,000.00

F. Department of Mines, Mining and Geology, in cluding Oil and Gas Commission, and dues to the Inter state Oil Compact.

(a) Regular Operation

1968-69 _______...

_______._...__..____. $ 352,300.00

(b) South Georgia Minerals Exploration and Research.
1968-69 _________.._.-________-________--_____-__-.---.________$

228,500.00

FRIDAY, FEBRUARY 16, 1968

1757

G. Department of Parks.

(a) For general operation and development of State Parks.

1968-69 ------________---_------$ 1,364,700.00

Provided that the allocations to objects in the Budget Report shall be changed to read as follows:

Capital Outlay ......................... ...^..............^ 145,000.00

Provided, however, that $20,000.00 of the above amount shall be allocated for expenses of the State Council for the Preservation of Natural Areas.

(b) Capital Outlay--Authority Lease Rentals-- Annual Lease Payments to Jekyll Island State Parks Authority.

1968-69 ................... ^....................^ 1,016,000.00

(c) Capital Outlay--Authority Lease Rentals-- Annual Lease Payments to Stone Mountain Memorial Association.

1968-69 --------,,-------.---------,,.-$ 1,050,000.00

H. Soil and Water Conservation Committee.
For the cost of operating the State Soil and Water Conservation Committee.
1968-69 .....................................................................^

400,000.00

I. Stone Mountain Memorial Committee.
For operating costs including costs of improvebents by convict labor.
1968-69 ,,......_.._.......... ..,,...$ 250,000.00

J. Ocean Science Center of the Atlantic. 1968-69 .................................................... ...^

600,000.00

Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:
Capital Outlay ..........................................................$

175,000.00

1758

JOURNAL OF THE HOUSE,

K. Department of State Parks--For contract with Lake Lanier Island Development Authority.

1968-69 ------____---.._____,,_.__.____._.__--____._._.__.______________.$ 208,000.00

Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:

Operating Expenses -__.-....-.......-....._-.-.........-______._.$ 208,000.00

Provided that the compensation of the Project Direc tor shall not exceed $15,000.00 per annum.

L. North Georgia Mountains Commission.

1968-69

____________,,___$ 102,500.00

Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:

Personal Services ,,,,______,,__.,,.____.,,,,.,,___,,$ Capital Outlay ______,,-_.-__._.__--__,,___,,._.__._...........$

77,500.00 -0-

Provided, however, in the event Federal funds in the amount of at least $1,000,000.00 are not made avail able by July 1, 1968, none of the funds appropriated above shall be expended.

Provided that the compensation of the Director shall not exceed $15,000.00 per annum.

CORRECTIONS

Section 35. Corrections, State Board of.

A. For the administrative expenses of the State Board of Corrections, including the cost of operation of the State Prison System.

1968-69 -.-_..___...-,,..........-__.-______.__.-___.____-_-_..-._.___.$ 10,742,400.00

Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:

Capital Outlay ......_....._.-_._..__-__._____._-..-..-...____.____.$

-0-

Provided that no funds appropriated in this section or otherwise available shall be used to pay a salary in excess of the Director's salary, except salaries for phy
sicians.

FRIDAY, FEBRUARY 16, 1968

1759

B. Capital Outlay--Authority Lease Rentals--An nual lease payments to State Penal and Rehabilitation Authority.

1968-69 _______________________....__...............-_.$ 1,180,000.00

Provided, that from the above appropriated amount, $530,000.00 is designated and committed to pay rentals to said Authority to permit the issuance of bonds to finance projects at Butts County and for four new prison branches.

Section 36. Pardons and Paroles, State Board of. 1968-69 ............................... .^

977,100.00

Section 37. Probation, State Board of.
For the cost of operating the statewide Probation System, administered by the State Board of Probation.

1968-69 _________-_.,,,,...,,-_..__.-._.-_.-.....____-.,,_-,,,,_-__.._$ 1,345,800.00

EDUCATION

Section 38. State Board of Education--Department of Education.

A. For matching vocational rehabilitation funds in cooperation with the Federal government; for oper ation of vocational trade schools; for operation of public and rural library programs; for operation of School for the Deaf and Academy for the Blind; for programs for exceptional children; for grants in aid to the public common schools, under provisions of law; for free text books for children attending public common schools; for the salaries of county school superintendents; for the operating costs of the Department; for educational grants, including the grants to teachers for scholar ships, as provided by law; and for any other expense authorized by law, payable from the common school funds.

1968-69 ..-.-.......----.-...-.-_..._._.-_....._.--_..---___$322,774,526.00

Provided that the allocations to objects in the Budget Report shall be changed to read as follows:

Personal Services _.._._____.__._.___,,.-,,---_--__._$ 19,919,551.00 Teachers Salaries ................__.______---___.......$202,600,879.00

1760

JOURNAL OF THE HOUSE,

Other Certificated Professional Personnel Salaries ...,,,,__..,,,,,,.._....----,,,,,,,,___________$ 32,939,496.00

Isolated Schools ._.._._.......,,._...,,__-__.................._..$ 71,241.00

Midterm Adjustment ___...................._..____................_.$ 1,067,927.00

Public Librarians Salaries and Travel ,,_...........$ 1,448,875.00

Area Vocational Technical Schools .._....._..._..._.....$ 11,118,024.00

Alto Teachers Salaries .-_.,,._......___........._-_.__.._...$ 160,739.00

Superintendent's Salaries .._...___..__..._............._..,,... $ 2,149,059.00

Driver Education Summer Program ___,,_______._,,___.$

-0-

Provided, however, that the proposed teacher pay raise of $558.00 shall not be implemented until December 1, 1968.
Provided that none of the funds appropriated above may be used to initiate or commence any new program or project that would require operating funds or capital outlay funds beyond the present biennium, unless such program or project has been specifically authorized by the General Assembly.
Provided, however, that in those new program areas where federal funds are accepted by the State Board of Education under Code Section 32-413, the Budget Bureau shall reduce the appropriation for any item or part there of which can be financed with federal funds in lieu of State funds under the terms of the federal act, except for funds necessary to match such federal grants. Nothing in this section shall be interpreted in such a way as to reduce eligibility of the State for federal funds or to authorize reduction of the State appropriation for programs for which commitments have already been made to local systems.
Funds appropriated for Section 12 of MFPE Act No. 523 shall be paid for salaries of certificated professional personnel serving as principals, instructional supervisors, visiting teachers, librarians, guidance counselors, and other certificated professional personnel.
Provided, however, should funds allocated in the Budget Report for Sections 11 and 20, Salaries, for the 39,629 teachers prove insufficient in 1968-69, the Direc tor of the Budget is authorized to transfer funds from Section 12 to Sections 11 and 20.

The salary index value of 100 referred to in Section 9 of the Minimum Foundation Program of Education Act shall be a minimum of $5,200.00 as of September 1,
1968.

FRIDAY, FEBRUARY 16, 1968

1761

B. Capital Outlay--Authority Lease Rentals.

1968-69 ...............^ ................. .....^ ............ ^ 28,351,000.00

For Capital Outlay purposes, including Lease Rent als obligations of the State Board of Education, Depart ment of Education to State School Building Authority in accordance with Lease Rental Contracts; provided that from the above appropriated amount, $750,000.00 is designated and committed for additional Capital Outlay purposes, including Lease Rentals to said Authority to permit the issuance of bonds to finance new projects.

C. To provide educational and training services for severely mentally retarded children as provided in Para graph (1) of Section 1 of an Act approved March 21, 1958.

1968-69 ...,,..._.,,.-.-......-,,.,,.....,,_._,,..-._,,_.__. $ 50,000.00

Section 39. Educational Improvement Council.

1968-69 ___._______,,...._____________._____ $ 103,000.00

Section 40. Higher Education Assistance Committee.

1968-69 __.._..-........._._...-._...,,__-.-._._....__.....-. $ 958,500.00

Section 41. Medical Education Board.

For cost of operation of the State Medical Education Board, including the payment of medical scholarships as authorized by provision of the Georgia State Constitu tion.
1968-69 ........................................................... ............^

191,768.00

Section 42. State Board of Regents.
A. The general cost of operation of the Board; for aid to the University System; for Annual payment of $8,000.00 to the University of Georgia for old stock items; for scholarships authorized by law $200,000.00; for the support of research and for the cost and/or acquiring additions to plant and equipment for the University System.
1968-69 -_-._-.-.--___-..-.....-.-.....-,,,,..-.-.-_.._.......$111,538,000.00

Provided that the above appropriations shall be in addition to the funds realized by the respective units in the fiscal year from the Federal government, dona-

1762

JOURNAL OF THE HOUSE,

tions, gifts, earnings from fees, rents, sales and any other source of income, and provided that from the above ap propriation, the amount of $15,516,000.00 is designated and committed to guarantee payment of lease rental contracts as a first charge on such funds. Provided that from said appropriation for lease rental, the amount of $1,000,000.00 is designated and committed to pay rentals to the University System Building Authority to permit the issuance of new bonds to finance new projects. Pro vided none of the funds herein provided as capital outlay authority lease rental shall be available for the purchase of any books whatsoever. Provided that the State Board of Regents shall, within the first 30 days of the fiscal year, make an apportionment of funds to the various units of the University System from all funds available in the amounts necessary in the fiscal year to pay the annual lease contract commitments for the acquisition of property as provided for in the provision of the State Constitution, and shall, second, apportion the remaining funds available to the various unit to cover cost incident to the operation and development of the University System. The State Board of Regents shall immediately report the same to the State Budget Authorities for approval, whose approval shall be evidenced in writing.
No part of this appropriation, nor any funds realized by the State Board of Regents of the University System, or any school or college from the Federal government, or from donations, gifts, earnings, fees, rents, sales or other sources of income shall be available for use or ex penditure until made available by a written order of the State Budget Authorities. Provided that funds from donations, gifts, earnings, fees, and for any other source of income shall be available to support further lease rental agreements for dormitories and other school buildings, with the approval of the Budget Bureau. Such further contracts may be entered into not to exceed $750,000.00 per annum.

Provided that the allocations to objects in the Budget Report shall be changed to read as follows:

Personal Services .-___________________-_.__.____________.____$126,213,000.00 Capital Outlay -.-.-______...________.____-_____,,__.,,__,,.-.$ 8,000,000.00

B. Eugene Talmadge Memorial Hospital -- State Board of Regents.

1968-69 ....................................................................I 5,687,000.00

Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:

Personal Services .-..___._,,..._._...._..._..____,,.........$ 6,985,817.00

FRIDAY, FEBRUARY 16, 1968

1763

Section 43. State Scholarship Commission.

1968-69 __,,_.._________.____,,__________.__._._,,..,,....,,.$ 829,000.00

Section 44. Teachers' Retirement System.

For the State's contribution to the Teachers' Retire ment Fund, including the cost of administration.

1968-69 -_,,_____.___---$ 31,222,583.00

Provided that the allocations to objects in the Budget Report shall be changed to read as follows:

Pension AccumulationMatching Fund ---------------- -,^^$ 30,446,794.00

HEALTH AND WELFARE

Section 45. Public Welfare, Department of Family and Children Services.

A. For the cost of operation of the State Welfare Programs.

1968-69 -.................-.........-.,,.....__...-_.__--...-._..-...... $ 2,907,000.00

B. Benefits--Adult Programs for matching federal funds to provide benefits to the aged, the blind, and the totally and permanently disabled.

1968-69 -____...-._.__.__..,,.....____........-.._.....-._...-_..-_-...$ 16,303,893.00

C. Benefits--AFDC Program. For matching federal funds to provide benefits to families with dependent children.

1968-69

---_-___--_-,,__-.$ 7,165,600.00

D. Benefits--Division for Children and Youth. For other children and youth care as authorized by law.
1968-69 ______,,__,,_._______________.._.$ 1,666,000.00

Proivded, however, that in the event a surplus is an ticipated in any of the above Benefit appropriations, by the State Budget Bureau, and there exists a need for the use of such surplus in either of the other two Benefit appropriations, the State Budget Bureau shall have au thority to make such transfer, subject to approval by

1764

JOURNAL OF THE HOUSE,

the Fiscal Affairs Subcommittees of the House and Senate.

E. Grants to Counties for administration and serv
ices. For the cost of participating with the Federal government and counties in the administration of local welfare programs.

1968-69 _._.__________._.,,._..________$ 7,158,100.00

F. Institutions. For the cost of operation of the in stitutions under the administration of the Department of
Family and Children Services, and for grants to countyowned detention centers.

1968-69 __--______..--_.____.____--___.$ 5,018,900.00

Provided, however, the $500,000.00 allotted under this section for grants to county-owned detention centers shall be distributed to the several counties for operation expenses of the said centers without restriction.

Provided, however, that work incentive programs, as provided for by Public Law 90-248, Section 204, shall be limited to studies or special pilot projects, and not proj
ects which are Statewide in scope.

Section 46. Public Health, Department of.

A. Alcoholic Rehabilitation Service. For the cost of conducting the Alcoholic Rehabilitation Program.
1968-69 ....-----..---.....------.-.--..........-----....I

580,580.00

B. Atlanta, Augusta and Savannah Regional Hos pitals. For the cost of developing and operating these institutions including pre-admission and post-discharge
services.

1968-69 ___.---- -- -__.---_--_-_-_--,,_,,.----$ 1,542,193.00

C. Capital Outlay--Authority Lease Rentals--An nual lease payments to State Hospital Authority.

1968-69 ------__.___-----_...............$ 4,125,000.00

Provided that from the above appropriated amount, $600,000.00 is designated and committed to pay rentals to said Authority to permit the issuance of bonds to finance new projects.

FRIDAY, FEBRUARY 16, 1968

1765

D. Battey State Hospital. For the cost of operating the Battey State Hospital, including pre-admission and post-discharge services.

1968-69 ,,-_--------------------$ 3,329,000.00

E. Central State Hospital. For the cost of oper ating the Central State Hospital, including pre-admis sion and post-discharge services.

1968-69 ------- -- ,,-----------------------__$ 27,381,000.00

F. Georgia Retardation Center. For the cost of de veloping and operating the Georgia Retardation Center, including pre-admission and post-discharge services.

1968-69 -,,-__---------------------------------$ 870,750.00

G. Gracewood State School and Hospital. For the the cost of operating the Gracewood State School and Hospital, including pre-admission and post-discharge services.
1968-69 --------------------.---- .-__._,,_,,_$ 7,406,332.00

H. Medical Assistance Program. For the cost of operating the Medical Assistance Program.

1968-69 ---------------_---... ... $ 11,763,805.00

Provided, however, that payments to providers of nursing home care under this section may be modified to form with program requirements issued by the United States Department of Health, Education and Welfare, subject to prior approval by the Director of the Budget.

I. Medical Facilities Construction. For aid to local government subdivisions in establishing, constructing and equipping health facilities to be administered and expended in the same manner as other public health funds, and in accordance with the provisions of the HillBurton Act, as amended, and the Mental Retardation Facilities and Community Mental Health Centers Con struction Act of 1963 of the United States Congress, and the rules and regulations of the State Board of Health.

1968-69 -----__--------------------------$ 1,000,000.00

J. Georgia Mental Health Institute. For the cost of operating the Georgia Mental Health Institute, including pre-admission and post-discharge services.

1968-69 --------___----.----.-______-$ 3,635,000.00

1766

JOURNAL OF THE HOUSE,

K. Regular Operations. For the cost of operating the Department of Public Health, grants to counties for public health programs, services for crippled children, and mental health programs.

1968-69

--._._.._..___._______________$ 13,339,508.00

Provided that of the above amount, $100,000.00 from
operating expenses will be used for day care centers for the mentally retarded.

L. Southwestern State Hospital. For the cost of operating the Southwestern State Hospital, including pre-admission and post-discharge services.

1968-69 ................................ .......^..^, 3,984,500.00

M. Water Quality Control Division. For the cost of conducting the programs of the State Water Quality Control Board.
1968-69 ,,---.__________._______________ $
Provided that for the purpose of receiving Federal matching funds under Title XIX of the Social Security Act, each institution listed in this section shall have authority to transfer funds to the Medical Assistance Program, such funds to be matched at the prevailing rate with Federal funds and the aggregate amounts remitted to the transferor institution in payment for services to eligible recipients.

313,600.00

HIGHWAYS.

Section 47. Highway Department.

Appropriation of all funds in this section is to be in conformity with and pursuant to Article VII, Section
IX, Paragraph IV of the State Constitution, and shall be in an amount equal to all money derived from motor fuel taxes received by the State Treasurer in the immediately preceding year, less the amount of refunds, rebate and
collection costs authorized by law. The fiscal officers of the State are hereby directed, as of July 1 of each fiscal year, to determine the net collection of motor fuel tax received by the State Treasurer in the immediately preceding fiscal year and enter the full amount so deter mined on the records of the State as being the appropria tion payable in lieu of the amount appropriated herein.

A. General Operations--For general administrative cost of operating the Highway Department, including equipment and compensation claims.
1968-69 .........................................................^ 8,466,725.00

FRIDAY, FEBRUARY 16, 1968

1767

B. Capital Outlay--Authority Lease Rentals.

1968-69 _____.________._____.__._.,,.---$ 19,900,000.00

For lease rental obligations of the Highway Depart ment to Georgia State Highway Authority, the Georgia Rural Roads Authority and the State Office Building Au thority in accordance with lease rental contracts now in existence or hereafter entered into in connection with new projects approved by the Highway Department.

Provided that in the event that lease rental obliga tions shall be less than the amount herein appropriated, such excess amount may be used and is herein specifically appropriated for new authority lease rentals to permit the issuance of bonds to finance new projects.

C. Maintenance and Betterments--Planning and Construction. For State matching participation in costs of construction, reconstruction, improvement in high ways, and highway planning, in cooperation with the Federal government, including all cost items incident thereto. Funds appropriated for the fiscal year shall be available for matching Federal apportionment for the same year. For the cost of road and bridge construction and surveys, maintenance and improving the State Highway System of roads and bridges, and the costs incident thereto (provided all expenditures for county contracts shall be in accordance with and on the basis of average prices as authorized by law). Provided, how ever, that funds shall be allocated to matching all Federal aid funds prior to the allocation of any funds for other works, and the State Highway Department may add, delete, and substitute Federal aid projects to secure the full benefit of the Federal aid program. Provided, furth er, that in order to meet the requirements of the Inter state System with regard to completion by a date fixed by existing Federal Statute of Federal-State 90-10 pro jects, the Budget Bureau is hereby authorized and dir ected to give advanced budgetary authorization for the letting and execution of highway contracts essential to and included in such Interstate Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Treasury and constitutionally appropriated to the State Highway Department.

Maintenance and Betterments.

1968-69 ....______.,,__...-.._..-...._-.._._.-.-,,_,,-------$ 36,682,400.00

Planning and Construction.

1968-69 .___..-.-.-..------__.----.._......._..$ 52,633,875.00

1768

JOURNAL OP THE HOUSE,

D. Grants to counties, For grants to counties for aid in county road construction and maintenance.

1968-69 -._..______.___..__._.._...______.__.____..._..___.$ 4,817,013.03

E. For grants to counties for aid in county road construction and maintenance.

1968-69 ...__.................................._........__......._$ 4,500,000.00

Provided that the appropriations in D above shall be distributed and disbursed by the State Treasurer as provided by law. The sum appropriated under E shall be distributed and disbursed to the various counties of
the State by the State Treasurer in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mile age in the State, as such mileage information is furnished by the State Highway Department.

Provided, further, that a member of the governing authority of the county, designated by such authority,
shall execute an affidavit annually that funds received under this section have been expended in accordance with the law and the Constitution, and file the same with the Director of the Highway Department. At the request of the Governor or the Budget Bureau or the Director of the State Highway Department, the State Auditor shall cause
an audit to be made of any county to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such county in any future year.

F. Administrative Fees -- Administration Truck Weight Program.

1968-69 ..__._.__..................____......._.............. $ 250,000.00

OTHER

Section 48. Grants to Municipalities.

For grants to municipalities in accordance with the Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as
amended.

1968-69 ___________._._..________.__._-___..__.....________._$ 9,317,000.00

Provided, further, that a member of the governing authority of the municipality, designated by such author ity, shall execute an affidavit annually that funds re ceived under this section have been expended in ac cordance with the law and the Constitution, and file the same with the State Treasurer. At the request of the

FRIDAY, FEBRUARY 16, 1968

1769

Governor or the Budget Bureau or the Director of the State Highway Department, the State Auditor shall cause an audit to be made of any municipality to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipality in any future year.

Section 49. Grants to Counties and Municipalities.

A. Grants to counties.

1968-69 ___-.------____.__------.--------______------$ 2,700,000.00

For grants to counties in accordance with the Act approved April 21, 1967 (Ga. Laws 1967, p.

B. Grants to Municipalities.

1968-69 ----------_.._.----.-___----___----------$ 4,700,000.00

For grants to municipalities in accordance with the Act approved April 21, 1967 (Ga. Laws 1967, p. 889).

PART IV

MISCELLANEOUS

Section 50. Governor's Emergency Fund.

There is hereby appropriated as a General Emer gency Fund for meeting expenses deemed emergencies by the Governor and to be expended by the Governor in his discretion in any emergency that he may determine re quires expenditures of any part of said fund. Expendi tures from this fund shall be made in accordance with other provisions of State law and the Constitution.

1968-69 ...----------_--..------_------_,,------,,----$ 1,000,000.00

Section 51. In addition to these appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No wholesale distributor of gasoline shall be entitled to a refund covering shrinkage in the process of retailing gasoline as authorized by Act of Georgia General Assem bly of 1947 (Ga. Laws 1947, p. 1115), by virtue of the said wholesale distributor being engaged in retailing gasoline.

1770

JOURNAL OF THE HOUSE,

Section 52. In accordance with the requirements of Article VII, 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 pay ments required to be made in each year, under lease con tracts now in existence or as provided for in this Ap propriations Act between any department, agency or institution of the State, and any authority created and activated at the time of the effective date of the afore said constitutional provision, as amended, or appropriated for the fiscal year beginning July 1, 1968, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year 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 suf ficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropria
tions.

The General Assembly declares that the sums hereby appropriated for lease rentals are to pay the general obligations of the State incurred under valid lease con tracts and such appropriations are to be paid from the General Funds of the State as a first charge upon General Funds.

Section 53. All expenditures and appropriations made and authorized under this Act shall be according to the objects and for the programs and activities as speci fied in the Governor's recommendations contained in the amended Budget Report submitted to the General Assem bly at the regular 1968 session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers with in a budget unit between objects and programs sub ject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appro priation, nor which would require operating funds or capi tal outlay funds beyond the current biennium, and pro vided, further, that no funds whatsoever shall be transfer red without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees of the Senate and House of Representatives 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 Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures of any department, bureau, board, commission, institution, or other agency of the State show transfers made in violation of this

FRIDAY, FEBRUARY 16, 1968

1771

section. In those cases in which the aforesaid Budget Report contains no recommendation by the Governor of expenditures as to objects, the Director of the Budget, except as to the legislative and judicial branches of the government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be submitted and approved in the same manner and under the same conditions provided hereinbefore for transfers.

Section 54. In the event it is determined by the Budget Bureau that the total funds in the State Treasury in the fiscal year in which appropriations are made in the foregoing sections of this Act are to be less than the amount needed to pay in full the specific appropria tions authorized, the Director of the Budget is author ized and is hereby directed to make a pro rata reduction of the amount of each appropriation hereinbefore made, except authority lease rental funds and other constitution ally obligated funds, as provided by Georgia Code Sec tion 40-418 (Ga. Laws 1962, p. 17).

The amount of the appropriations so reduced as directed herein and as determined by the Budget Bureau shall cease to be an obligation of the State. Provided, further, the Budget Bureau is hereby directed to econo mize wherever possible and in the event any part of the appropriations provided in the foregoing sections of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess as determined by the Budget Bureau shall cease to be an obligation of the State.

TOTAL APPROPRIATION

1968-69 -.....-...-..-.-.-----._._._.----._._----...$856,972,411.90.

Section 9. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendments were read and adopted:
Committee of the Whole moves to amend HB 960 Committee Substitute as follows:
By striking "$856,972,411.90" and inserting ": 138,813.90" in Section 54.
Committee of the Whole moves to amend HB 960 Committee Substitute as follows:

1772

JOURNAL OF THE HOUSE,

By striking the appropriation of $7,406,332.00 for the year 1968-69 and inserting in lieu thereof the figure $7,656,332.00 in Section 46G (Gracewood State School and Hospital); and by adding the following:

"Provided that the allocations to objects in the Budget Report shall be changed to read as follows:

Operating Expenses -.-_._._..-....._-.._,,_._._..._-.__._.$ 2,345,302.00"

Committee of the Whole moves to amend HB 960 Committee Substitute as follows:

By striking the appropriation of $28,351,000.00 for the year 1968-69 and inserting in lieu thereof the figure $28,801,000.00 in Section 38B; and by adding the follow ing:
"Provided that the allocations to objects in the Budget Report shall be changed to read as follows:

Authority Lease Rental ___...___.,,_._....._.__...$ 28,801,000.00"

and by striking the figure "$750,000.00" and inserting in lieu thereof the figure "$1,200,000.00"

Committee of the Whole moves to amend HB 960 Committee Substitute as follows:

By adding in Section 38A in the language relative to allocations to objects in the Budget Report, the follow ing:
Capital Outlay ._....____..._._.__....._....._....__ --0--
Maintenance, Operation and Sick Leave ........._..$ 33,800,277.00

Committee of the Whole moves to amend HB 960 Committee Substitute as follows:

By striking from Section 38, Paragraph A, the words "September 1, 1968", and by inserting in lieu thereof the following: "December 1, 1968".
Committee of the Whole moves to amend HB 960 Committee Substitute as follows:
By striking Section 34G (b) which reads as follows:
"(b) Capital Outlay -- Authority Lease Rentals --Annual Lease Payments to Jekyll Island State Parks Authority.
1968-69 .._.._.,,_......._._.._.._.._..._....._._...__._.$ 1,016,000.00",

FRIDAY, FEBRUARY 16, 1968

1773

in its entirety and inserting in lieu thereof a new Section 34G (b) to read as follows:

"(b) Capital Outlay -- Authority Lease Rentals --Annual Lease Payments to Jekyll Island State Parks Authority.

1968-69 ------_---_--_--..--.___.____.__..$ 1,216,000.00

Provided that from the above appropriated amount, $200,000.00 is designated and committed to pay rentals to said Authority to permit the issuance of bonds to finance new projects."

Committee of the Whole moves to amend HB 960 Committee Substitute as follows:

By striking Section 34F (a) which reads as follows:

"(a) Regular Operation

1968-69 ......................................................^ 352,300.00

in its entirety and inserting in lieu thereof a new Sec tion 34F (a) to read as follows:

"(a) Regular Operation 1968-69 -.------------------.--.----$

402,300.00

Provided that of the above appropriation, the amount of $50,000.00 is hereby allocated to implement the pro visions of House Bill No. 969 known as the 'Georgia Sur face Mining Act of 1968', and provided further that rela tive to said Surface Mining Act the allocations to objects in the Budget Report shall not apply, and the Budget Bureau shall determine the allocations to objects, sub ject to approval by the Fiscal Affairs Subcommittees of the Senate and the House of Representatives."
Committee of the Whole moves to amend HB 960 Committee Substitute as follows:
By striking the appropriation of $722,300.00 for the year 1968-69 and inserting in lieu thereof the figure $732,300.00 in Section 28A; and by adding the following:

"Provided that the allocations to objects in the Budget Report shall be changed to read as follows:

Operating Expenses ...............................................^. And by adding:

704,350.00"

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JOURNAL OF THE HOUSE,

"Provided, that of the above amount, $10,000.00 is allocated for the purpose of sending Georgia flags to servicemen overseas."

Committee of the Whole moves to amend HB 960 Committee Substitute as follows:

By striking the figures "1968-69 -- $37,598.00 in Sec tion 12, Sub-section C and inserting in lieu thereof, the following figures:

"1968-69 -...-.....-.-.-..-..-...-.-..-..-.........-...-.....-...--.$ 46,000.00

And by striking the proviso.

Committee of the Whole moves to amend HB 960 Committee Substitute as follows:

By striking Section 8 of Article II in its entirety and inserting in lieu thereof a new Section 8 to read as follows:

"Section 8. Audits, Department of.

1968-69 ________________.._..._______.__.$ 755,000.00"

Committee of the Whole moves to amend HB 960 Committee Substitute as follows:

By striking the appropriation of $2,037,000.00 for the year 1968-69 and inserting in lieu thereof the figure $2,085,000.00 in Section 4; and by adding the following:

"Provided that the allocations to objects in the Budget Report shall be changed to read as follows:

Personal Services ,,_,,_,,_,,,,.___.,,.,,_____,,__.__.___._,,___.,,$ 2,039,000.00"

And by adding: "Provided, that of the above amount, $48,000.00 is allocated to give each Solicitor-General a $1,200.00 increase per annum in contingent expense allow ance."

Committee of the Whole moves to amend HB 960 Committee Substitute as follows:

By striking the figure "$13,334.00" in line 6 of Sec t0i0o.n" 4 and inserting in lieu thereof the figure "$12,000.-

FRIDAY, FEBRUARY 16, 1968

1775

An amendment, offered by Mr. Ballard of the 37th, was read and lost.

An amendment, offered by Messrs. Murphy of the 26th, Rowland of the 48th and others, was read and lost.

An amendment, offered by Mr. Lovell of the 6th, was read and lost.

An amendment, offered by Mr. Richardson of the 116th, was read and lost.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, as amended, was agreed to.

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bostick Bo wen Branch Brantley, H. H. Brantley, H. L. Bray Brown, C. Buck Busbee Caldwell Carnes Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cook

Cooper, B. Cooper, J. R. Cox Crowe, William Dailey Daugherty Davis Dean DeLong Dent Dickinson Dillon Dixon Dodson Dollar Dorminy Doster Douglas
Edwards Egan Fallin Farmer Farrar Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier

Gunter Hadaway Hale Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hood Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambert Lambros

1776
Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Le vitas Lewis Longino Lovell Lowrey Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Melton Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Nash Nessmith

JOUKNAL OF THE HOUSE,
Newton Nimmer Northcutt Odom Oglesby Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Simmons

Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Turner Underwood Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Bond Brown, B. D. Gates

Crowe, W. J. Magoon Tye

Vaughan, D. N. Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 197, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Mr. Magoon of the 19th stated that he had been called from the floor of the House when the roll was called on HB 960, by substitute, as amended, but had he been present would have voted "aye".

Pursuant to SR 231, adopted by the House and Senate, the Speaker an nounced the House adjourned until 10:00 o'clock, Monday morning, February 26th, 1968.

MONDAY, FEBRUARY 26, 1968

1777

Representative Hall, Atlanta, Georgia Monday, February 26, 1968

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

Prayer was offered by Dr. G. Hugh Wamble, Professor of Church History, Midwest Baptist Theological Seminary, Kansas City, Missouri.

By unanimous consent, the call of the roll was dispensed with.

Mr. Black of the 56th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

The following report of the Committee on Rules was read and adopted:

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Monday, February 26, 1968, and submits the following:

HB

514. Income tax, deductions to churches.

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JOURNAL OF THE HOUSE,

HB

974. State Highway Department, transfer duties.

HB 1015. Retirement System, allowances.

HB 1063. Georgia Interdepartmental Council on the Handicapped.

HB 1068. Post Mortem Examination, fees.

HB 1071. City and county sales tax, public conveyances.

HB 1074. Anhydrous ammonia, classification.

HB 1102. Officials and employees, mileage expense.

HB 1165. Non-resident, doing business in State.

HB 1167. Drilling of water wells, control and regulation.

HB 1176. Hospital Authority Law, revenue certificates.

HB 1177. Hospital Authority Law, general funds.

HB 1189. Voting machines, ballots, number.

HB 1221. Attorneys, admission to the Bar.

HB 1235. Pardons and Paroles Board, adopt rules.

HB 1236. State Department of Law, subpoena powers.

HB 1237. Prisons, works camps, etc.

HB 1245. Department of Public Safety, Security Guard.

HB 1260. Family Planning Services, persons eligible for service.

HB 1292. Blood products, remove warranties.

HB 1293. Alligator hunting licenses.

HB 1341. Federal Tax Lien Act of 1966, amend.

HB 1346. Agriculture Commodities, marketing agreements.

HB 1354. Agricultural products, sales promotion.

HB 1360. Insurance, policies cancelled, reason.

HB 1412. Laws, provide effective date and procedure.

HB 1422. Ocmulgee Judicial Circuit, additional Judge.

HR 413- 923. Death penalty, abolish (without Committee recommendation).

HR 414- 923. Create committee, Urban and Municipal Affairs.

HR 451- 994. Interim Study Committee, highways.

HR 493-1063. Convey Property, Fulton County.

HR 498-1089. Convey property, Ira H. Hardin Company.

HR 520-1103. Convey land, Fulton County.

HR 523-1104. Constitutional Revision Commission.

HR 600-1247. Governor, Executive Center, official residence.

MONDAY, FEBRUARY 26, 1968

1779

HR 620-1348. Promotion of agricultural products.

SB

120. Driver intoxicated, change punishment.

SB

151. Municipal primaries, Election Code.

SB

186. Accountants, non-resident.

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Busbee of the 79th, Vice-hairman.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

HB 1491. By Mr. Underwood of the 61st:
A Bill to be entitled an Act creating a new charter for the City of Glenwood, so as to change the qualifications of the mayor and councilmen; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1492. By Mr. Brantley of the 63rd:
A Bill to be entitled an Act relating to nursing homes and personal care homes; to provide for the licensing of nursing home administra tors; to create the Georgia State Board of Nursing Homes, fixing its membership, and prescribing its powers, duties and functions; to provide requirements for licensure as a Nursing Home Administrator; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 1493. By Mr. Underwood of the 61st:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Montgomery County, so as to change the com pensation of the tax commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1494. By Mr. Underwood of the 61st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Mount Vernon in the County of Montgomery, so as

1780

JOURNAL OF THE HOUSE,

to changes the corporate limits of the City of Mount Vernon; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1495. By Mr. Kirksey of the 87th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Donalsonville, so as to change the compensation of the mayor and aldermen of said city; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1496. By Mrs. Merritt of the 68th:
A Bill to be entitled an Act to amend an Act creating the Georgia State Board of Funeral Service and regulating the practice of embalming and funeral directing, so as to increase the Board to seven members; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 1497. By Mr. Tucker of the 36th:
A Bill to be entitled an Act to amend an Act to consolidate, amend, and codify the various Acts incorporating the Town of McDonough, now the City of McDonough, so as to authorize the governing authority to sell, lease or dispose of public recreational facilities; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1498. By Mr. Jones of the 76th:
A Bill to be entitled an Act to provide the procedures under which surplus State property shall be disposed of; and for other purposes.
Referred to the Committee on State Institutions and Property.

HB 1499. By Messrs. Ware and Mullinax of the 42nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hogansville, so as to provide that no public utility owned by said city may be sold, unless such sale is approved by the majority of the registered and qualified voters; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1500. By Mr. Black of the 56th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of the County of Stewart, so as

MONDAY, FEBRUARY 26, 1968

1781

to change the compensation paid to the Commissioner of Roads and Revenues; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1501. By Messrs. Chandler and Harrington of the 47th:
A Bill to be entitled an Act to abolish the present method of compensat ing the tax collector and tax receiver of Baldwin County, known as the fee system, and to provide in lieu thereof an annual salary for such officers; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1502. By Mr. Collins of the 62nd:
A Bill to be entitled an Act to amend an Act incorporating the City of Lyons, so as to change the corporate limits of said city; to provide for certain services to be rendered by the City of Lyons; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1503. By Messrs. Cole, Smith and Leonard of the 3rd:
A Bill to be entitled an Act to change the compensation of the Whitfield County Sheriff, Clerk and Ordinary; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1504. By Messrs. Cole and Smith of the 3rd:
A Bill to be entitled an Act to change the compensation of the Tax Commissioner of Whitfield County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1505. By Messrs. Barfield of the 95th, Lane of the 64th, Crowe of the 1st, Parker of the 54th, Mullinax of the 42nd, Northcutt of the 35th and others:
A Bill to be entitled an Act to provide for the safeguarding of the public health, safety and welfare by controlling and regulating the practice of cosmetology, cosmetologists, cosmetology instructors, in structing (teaching) of cosmetology, cosmetology establishments and schools of cosmetology as hereinafter described; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 1506. By Messrs. Leggett of the 21st, Moore of the 12th, Northcutt of the 25th, Dickinson of the 27th, Nash of the 22nd, Moore of the 20th and Harris of the 118th:
A Bill to be entitled an Act to amend Code Chapter 40-19, relating to the establishment of the office of Supervisor of Purchases, so as to

1782

JOURNAL OF THE HOUSE,

provide for a definition of the words "surplus property"; to provide for the employment of inspectors of certain personal property; to pro vide for determining certain State-owned personal property surplus; and for other purposes.
Referred to the Committee on State Institutions and Property.

HB 1507. By Messrs. Lambros of the 130th, Dillon of the 128th, Townsend of the 141st, Cook of the 123rd, Sims of the 131st and others:
A Bill to be entitled an Act to amend an Act establishing the Criminal Court of Atlanta (now the Criminal Court of Pulton County), so as to provide for a method of trial and corrections of errors in the Court of Appeals and the Supreme Court of Georgia directly from the judg ments of said court; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1508. By Messrs. Hadaway of the 46th, Underwood of the 61st and Jones of the 76th:
A Bill to be entitled an Act to amend an Act providing for the licensing of professional engineers and land surveyors and creating the State Board of Registration for Professional Engineers and Land Surveyors, so as to provide that certain persons shall be issued licenses by the Board; and for other purposes.
Referred to the Committee on Natural Resources.

HB 1509. By Mr. Ballard of the 37th:
A Bill to be entitled an Act to amend an Act repealing an Act incor porating the City of Covington and creating a new charter to the City of Covington, so as to provide certain limitations on the conduct of the members of the council, the mayor, other city officials and employees; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1510. By Messrs. Ware of the 42nd, Dean of the 20th, Stalnaker of the 59th, Hutchinson of the 79th, Hill of the 121st, Gay of the 60th, and others:
A Bill to be entitled an Act to amend an Act known as the "State Department of Air Transportation", so as to provide that the appointive members of the board shall be appointed by their respective appointing officers within a certain period of time; to provide that the Governor shall call the organizational meeting of the board within a certain period of time; and for other purposes.

MONDAY, FEBRUARY 26, 1968

1783

HB 1514. By Messrs. Leggett of the 21st, Moore of the 12th and Laite of the 109th:
A Bill to be entitled an Act to amend an Act entitled the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to strike all sales and use tax exemptions except those relating to charitable institu tions or agencies of State, County or municipal government; and for other purposes.
Referred to the Committee on Ways and Means.

HR 714-1514. By Messrs. Grier of the 132nd, Barber of the 24th, Winkles of the 120th, Lane of the 126th, Adams of the 125th and others:
A Resolution creating an interim committee to study the problem of school drop-outs; and for other purposes.
Referred to the Committee on Education.

HB 1515. By Mr. Roland of the 48th:
A Bill to amend an Act abolishing the fee system of compensation for the clerk of the superior court of Washington County and substituting in lieu thereof an annual salary, so as to change the compensation of the clerk of the superior court of Washington County; and for other purposes.
Referred to the Committee on Local Affairs.

HR 715-1515. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th, and Caldwell of the 51st:
A Resolution authorizing the conveyance of certain real property in Wayne County, Georgia, in exchange for certain other real property located in Wayne County, Georgia; and for other purposes.
Referred to the Committee on State Institutions and Property.

HB 1516. By Mr. Williams of the 16th:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to require that motorcycles must be equipped with certain safety devices; to require persons rid ing on motorcycles to wear certain devices to protect their eyes; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1517. By Mr. Williams of the 16th:
A Bill to be entitled an Act incorporating the Town of Clermont in the County of Hall, so as to provide that beginning on the first Wednesday

1784

JOURNAL OF THE HOUSE,

in December, 1968, that the election for Mayor and five Councilmen of said town shall be held each 4 years and that the Mayor and Couneilmen so elected shall hold office for 4 years and until their successors are elected and qualified; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1518. By Mr. Collins of the 62nd:
A Bill to be entitled an Act to create a new charter for the City of Vidalia in the County of Toombs; and for other purposes.
Referred to the Committee on Local Affairs.

HR 716-1518. By Mr. Busbee of the 79th:
A Resolution proposing an amendment to the Constitution so as to create a committee composed of the Secretary of State, the Chief Jus tice of the Supreme Court, the Chief Judge of the Court of Appeals, the Attorney General and the President of the State Bar of Georgia, which shall nominate three nominees to fill any vacancy on the State Board of Pardons and Paroles; and for other purposes.
Referred to the Committee on Rules.

HB 1519. By Mr. Cole of the 3rd:
A Bill to be entitled an Act to amend an Act creating the Conasauga Judicial Circuit, so as to change the salary of the judge of the Cona sauga Judicial Circuit; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1520. By Mr. Anderson of the 71st:
A Bill to be entitled an Act to amend an Act providing and creating a new charter for the Town of Cochran, and incorporating said town under the corporate name and style "City of Cochran", so as to change the corporate limits of said City; to provide for a referendum; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1521. By Mr. Ross of the 31st:
A Bill to be entitled an Act to amend an Act placing the sheriff, the ordinary and the clerk of the superior court of Wilkes County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the deputy clerk of the superior court; and for other purposes.
Referred to the Committee on Local Affairs.

MONDAY, FEBRUARY 26, 1968

1785

HB 1522. By Mr. Simmons of the 9th:
A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Gilmer County into the office of the tax commis sioner of Gilmer County; and for other purposes.
Referred to the Committee on Local Affairs.

HR 717-1522. By Mr. Simmons of the 9th:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Clerk of the Superior Court of Pickens County; Court of Appeals Reports to the Gilmer County Courthouse Library; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 718-1522. By Mr. Simmons of the 9th:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Clerk o fthe Superior Court of Pickens County; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 719-1522. By Mr. Simmons of the 9th:
A Resolution proposing an amendment to the Constitution so as to provide that the tax commissioner of Gilmer County shall be authorized to collect tax fi. fas. issued by the tax commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

HR 720-1522. By Mr. Paris of the 23rd: A Resolution to compensate Donald L. Wall; and for other purposes.
Referred to the Committee on Appropriations.

HB 1523. By Mr. Newton of the 50th:
A Bill to be entitled an Act to amend an Act establishing a board of commissioners of roads and revenues for the county of Jenkins, so as to increase the number of members of said board; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1524. By Mr. Newton of the 50th:
A Bill to be entitled an Act to create a new Board of Education of Jenkins County; and for other purposes.
Referred to the Committee on Local Affairs.

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JOURNAL OF THE HOUSE,

HB 1525. By Mr. Collins of the 88th:
A Bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Mitchell County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1526. By Mr. Pafford of the 97th:
A Bill to be entitled an Act to amend an Act establishing a Board of Commissioners of Roads and Revenues for Echols County, so as to change the terms of office of the members of the Board; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1527. By Mr. Pafford of the 97th:
A Bill to be entitled an Act to provide a supplementary salary payable from county funds for certain clerks of the superior courts of this State; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1528. By Mr. Pafford of the 97th:
A Bill to be entitled an Act to provide for the election of the members of the Board of Education of Echols County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1529. By Mr. Pafford of the 97th:
A Bill to be entitled an Act to amend an Act creating the County Court of Echols County, so as to change the terms of office of the Judge; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1530. By Messrs. Smith of the 114th, Whaley and Tye of the 115th, Berry and Gignilliat of the 113th and Battle of the 116th:
A Bill to be entitled an Act to establish the Local Government Tax Commission of Chatham County and the Municipalities of Chatham County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1531. By Mr. McCracken of the 49th:
A Bill to be entitled an Act to add two members of the board of educa tion of Jefferson County; and for other purposes.
Referred to the Committee on Local Affairs.

MONDAY, FEBRUARY 26, 1968

1787

HB 1532. By Mr. Collins of the 62nd:
A Bill to be entitled an Act to provide for the election of members of the Board of Education of Toombs County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1533. By Mr. Collins of the 62nd:
A Bill to be entitled an Act to amend an Act providing for grants to certain incorporated municipalities of this state to be used for any public purposes, so as to provide for minimum grants; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1534. By Mr. Ward of the 2nd:
A Bill to be entitled an Act to amend an Act creating a board of utili ties commissioners for Catoosa County, so as to provide for additional powers of said commissioners, including the right of eminent domain; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1535. By Mr. Moore of the 12th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Stephens County upon an annual salary, so as to change the compensa tion of the sheriff; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1536. By Mr. Moate of the 39th:
A Bill to be entitled an Act to amend the original New Charter of the City of Eatonton, so as to provide for an increase in the salaries and compensation of the members of Council; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1537. By Mr. Moore of the 12th:
A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court of Stephens County upon annual salary, so as to in crease the salary of the Clerk of the Superior Court and to increase the allotment of County funds for the purpose of compensating personnel within his office; and for other purposes.
Referred to the Committee on Local Affairs.

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JOURNAL OP THE HOUSE,

HB 1538. By Mr. Moore of the 12th:
A Bill to be entitled an Act to authorize the Stephens County Develop ment Authority to issue revenue bonds; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1539. By Mr. Moore of the 12th: A Bill to be entitled an Act to amend an Act placing the Ordinary of Stephens County upon an annual salary, so as to change the salary of the Ordinary; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1540. By Messrs. Adams of the 125th, Games of the 129th, Dillon of the 128th, Sims of the 131st and others: A Bill to be entitled an Act to amend an Act creating a Civil Service Board in Fulton County, so as to provide that the members of the Civil Service Board shall be paid at the rate of $35.00 per diem for the time actually devoted to the Board; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1541. By Messrs. Scarlett and Harris of the 85th: A Bill to be entitled an Act to amend the Charter of the City of Bruns wick, so as to provide a successful primary candidate shall not be required to file a nominating petition; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1542. By Mr. Malone of the 117th: A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for DeKalb County, so as to increase the compensation of the chairman and members; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1543. By Messrs. Snow and Crowe of the 1st: A Bill to be entitled an Act to provide for the election of the members of the Board of Education of Walker County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1544. By Mr. Lewis of the 50th: A Bill to be entitled an Act to amend an Act abolishing the mode of

MONDAY, FEBRUARY 26, 1968

1789

compensating the sheriff of Burke County, so as to change the com pensation of the sheriff; and for other purposes.
Referred to the Committee on Local Affairs.

HR 722-1544. By Mr. Kaylor of the 4th:
A Resolution proposing an amendment to the Constitution so as to create the City of Blue Ridge Industrial Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1545. By Messrs. Murphy of the 26th and Hale of the 1st:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to change the compensation of the Deputy Director of the Department of Public Safety; and for other purposes.
Referred to the Committee on State Institutions and Property.

By unanimous consent, the rules were suspended in order that the following Bills and Resolutions of the House could be introduced, read the first time and referred to the committees:

HB 1550. By Messrs. Odom of the 79th, Wilson of the 102nd, Paris of the 23rd, Cook of the 123rd, Floyd of the 7th and Pickard of the 112th:
A Bill to be entitled an Act to authorize the insurance of all the State's employees, including employees of Authorities, Commissions, Bureaus, and Boards of the State, for the receipt of benefits as pre scribed by the State's Workmen's Compensation Statutes; and for other purposes.
Referred to the Committee on Appropriations.

HR 724-1550. By Messrs. Turner of the 123rd, Games of the 129th, Adams of the 125th, Dillon of the 128th and others:
A Resolution proposing an amendment to the Constitution so as to declare the acquisition, establishment, operation and administration of public parking facilities in Fulton County to be an essential gov ernmental function and a public purpose, and to authorize the creation of public corporations and authorities for such purposes; and for other purposes.
Referred to the Committee on Local Affairs.

HR 725-1550. By Messrs. Smith of the 54th, Busbee of the 79th, Hale of the 1st, Lambert of the 38th and Jones of the 76th:
A Resolution proposing an amendment to the Constitution so as to provide for an independent General Assembly by electing the members

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JOURNAL OF THE HOUSE,

thereof for 4 year terms at a different General Election from the one at which the Governor is elected; and for other purposes.
Referred to the Committee on Rules.

HB 1575. By Messrs. Longino of the 122nd, Gates of the 123rd, Turner of the 123rd, Cook of the 123rd, Gary, Lee and Northcutt of the 35th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, so as to change the residence qualifica tions for councilmen; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1576. By Mr. Caldwell of the 51st:
A Bill to be entitled an Act to amend an Act authorizing certain coun ties to establish and maintain law libraries to the use of judges, solici tors, ordinaries, and other officers of the Courts of said counties, so as to provide that the funds for the establishment and maintenance of said libraries be limited to the certain criminal and civil actions upon which the Court costs are actually paid; and for other purposes.
Referred to the Committee on Local Affairs.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1470. By Messrs. Cooper and Wood of the 16th, Edwards of the 57th, Ware of the 2nd, Shanahan of the 8th, Knapp of the 109th and others:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt shavings and sawdust from wood when used directly in tilling the soil or animal or poultry husbandry from the tax imposed by said Act; and for other purposes.

HB 1471. By Mr. Black of the 56th:
A Bill to be entitled an Act to change the corporate limits of any municipality in this State having a population of not less than 1,000 nor more than 1,400, located in any county having a population of not less than 7,370 nor more than 7,450; and for other purposes.

HB 1472. By Messrs. Palmer and Malone of the 117th:
A Bill to be entitled an Act to provide that no member, officer or member of the board of trustees or directors of any unincorporated organization or association shall be personally liable for the indebted-

MONDAY, FEBRUARY 26, 1968

1791

ness or obligations of any such organization or association unless such member or officer by his personal participation in the transactions which created such indebtedness or obligations has made himself re sponsible for such debt or obligations; and for other purposes.

HB 1473. By Mr. Leggett of the 21st:
A Bill to be entitled an Act to amend an Act creating the Paulding County Water Authority, so as to grant the Authority power to create and maintain a county-wide sewerage system; and for other purposes.

HR 681-1473. By Mr. Tucker of the 36th:
A Resolution proposing an amendment to Article VII, Section VII, Paragraph I of the Constitution, so as to authorize Henry County to incur an additional indebtedness for water and sewerage purposes and evidence same by the issuance of its general obligation water and sewerage bonds in an amount not to exceed 7% of all property within said county subject to taxation for bond purposes; and for other pur poses.

HR 682-1473. By Messrs. Sullivan, Bennett and Barfield of the 95th:
A Resolution proposing an amendment to Article XI, Section I, Para graph VI of the Constitution so as to delegate to the respective gov erning authorities of the City of Valdosta and County of Lowndes authority to merge and consolidate, by joint resolution, and with or without an enabling act of the General Assembly; and for other pur poses.
HB 1474. By Messrs. Howard and McDaniell of the 101st, Wilson and Henderson of the 102nd, Cooper of the 103rd and others:
A Bill to be entitled an Act to amend an Act creating the Civil and Criminal Court of Cobb County, so as to increase the jurisdiction of said court; to increase the authority and duties of the clerk of said court; and for other purposes.

HB 1475. By Messrs. Howard and McDaniell of the 101st, Wilson and Henderson of the 102nd, and Cooper of the 103rd:
A Bill to be entitled an Act to amend an Act amending, revising, con solidating and superseding the several Acts incorporating the Town of Austell, so as to increase the corporate limits of said city; and for other purposes.

HB 1476. By Mr. Lambros of the 130th:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide that for the purposes of determining income taxes due the State

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of Georgia, that gross income shall not include compensation received by certain enlisted personnel for active service as a member below the grade of commissioned officer in the Armed Forces of the United States for any year; so as to provide that the provisions relating to enlisted personnel in the Armed Forces shall apply to commissioned officers; and for other purposes.

HB 1477. By Messrs. Smith of the 114th, Jones of the 112th, Holder of the 70th, and Levitas of the 118th:
A Bill to be entitled an Act to amend Code Section 38-418, relating to confidential communications, so as to provide that communications between physician and patient shall be privileged; and for other pur poses.
HR 684-1477. By Mr. Dollar of the 89th:
A Resolution proposing an amendment to the Constitution so as to create the Decatur County-Bainbridge Industrial Development Author ity; and for other purposes.

HR 685-1477. By Mr. Hargrett of the 77th: A Resolution compensating Robert M. Fales; and for other purposes.

HR 686-1477. By Messrs. Fleming and Maxwell of the 106th, Sherman and DeLong of the 105th, and Dent and Cheeks of the 104th:
A Resolution proposing an amendment to the Constitution, so as to provide that the General Assembly shall have the power, by local act, to create, designate, vest powers and duties, set terms and com pensation, establish functions, combine and consolidate municipal and county public agencies, departments, and governing authorities within Richmond County; and for other purposes.

HR 687-1477. By Mr. Dickinson of the 27th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Douglas County to establish water, sanitation, sewerage and fire protection districts within the unincorpo rated areas of Douglas County; and for other purposes.

HB 1478. By Mr. Wamble of the 90th:
A Bill to be entitled an Act to impose upon motor carriers a tax for the privilege of using the streets and highways of this State; to define for purposes of this Act "Commissioner", "Motor Carrier", "Motor Fuel", and "Operations"; to provide that the tax shall be equivalent

MONDAY, FEBRUARY 26, 1968

1793

to the then current motor fuel tax per gallon calculated on the amount of motor fuel used by such motor carrier in its operations on the streets and highways of this State; and for other purposes.

HB 1479. By Messrs. Barfield of the 95th, Johnson of the 40th, Harris of the 14th, Cole of the 3rd, Ross of the 31st, Leonard of the 3rd, Ross of the 31st, Anderson of the 71st and others:
A Bill to be entitled an Act to provide for the establishment of stand ards of construction for manufactured homes; and for other purposes.

HR 709-1479. By Mr. Smith of the 54th:
A Resolution approving an amendment dated the 15th day of February, 1968, to the lease contract dated the 12th day of January, 1960, entered into between the Western and Atlantic Railroad Commission and City Center, Incorporated; and for other purposes.

HR 710-1479. By Mr. Ballard of the 37th: A Resolution compensating Irene Thompson; and for other purposes.

HR 711-1479. By Mr. Threadgill of the 32nd:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that the proceeds of a particular tax shall be allocated to counties, municipalities and local school systems; and for other purposes.

HB 1480. By Messrs. Gaynor of the 114th, Funk of the 116th, Richardson of the 116th, Gignilliat of the 113th and Berry of the 113th:
A Bill to be entitled an Act to supplement the salaries of the judges of the superior court of the Eastern Judicial Circuit of Georgia, which lies wholly within the County of Chatham, by an additional sum of $2,400 to be paid by the commissioners of Chatham County in addition to that now provided by the Constitution and laws of this State; and for other purposes.

HB 1481. By Mr. Dodson of the 107th:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Macon, so as to change the time the mayor and aldermen shall take office; and for other purposes.

HB 1482. By Mr. Black of the 56th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Clerk of the Superior Court and the Ordinary in Stewart County,

1794

JOURNAL OF THE HOUSE,

so as to provide that all fees, costs or other emoluments of each of said officers shall become the property of the county; and for other pur poses.

HB 1483. By Mr. Black of the 56th:
A Bill to be entitled an Act to amend an Act completely and exhaus tively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, so as to provide that no person who is 15 years of age or younger shall hunt deer in this State, unless such person is under the direct supervision of an adult; and for other pur poses.

HB 1484. By Mr. Black of the 56th:
A Bill to be entitled an Act to increase the compensation of the tax commissioner of Stewart County to provide that all fees, costs or other emoluments of the tax commissioner shall become the property of the county, with certain exceptions; and for other purposes.

HB 1485. By Mr. Black of the 56th:
A Bill to be entitled an Act to amend an Act abolishing the present method of compensating the Sheriff of Stewart County known as a fee system and providing in lieu thereof an annual salary, so as to change the salary of said Sheriff; and for other purposes.

HB 1486. By Messrs. Johnson of the 40th and Ross of the 31st:
A Bill to be entitled an Act to abolish the present mode of compensating the Solicitor General of the Toombs Judicial Circuit known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HR 712-1486. By Mr. Farmer of the 29th:
A Resolution compensating Miss Marie Yvette Contine; and for other purposes.

HB 1487. By Mr. Smith of the 54th:
A Bill to be entitled an Act to amend amend an Act incorporating the City of Swainsboro, so as to increase the corporate limits, to change the provisions relative to the registration of voters and to change the method of conducting municipal elections; and for other purposes.

HB 1488. By Mr. Smith of the 54th:
A Bill to be entitled an Act to amend an Act incorporating the City of Twin City, so as to change the provisions relative to registration of voters and the conducting of municipal elections; and for other purposes.

MONDAY, FEBRUARY 26, 1968

1795

HB 1489. By Mr. Caldwell of the 51st:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt from the taxes imposed by said Act the sale of commercially raised fry and fingerling channel catfish for the purpose of stocking fish ponds and the sale of feed used exclusively in raising and producing such catfish; and for other purposes.

HB 1490. By Mr. Mullinax of the 42nd:
A Bill to reincorporate the City of LaGrange in the County of Troup; to create a new Charter for said City; to provide its corporate limits; and for other purposes.

HB 1511. By Messrs. Threadgill and Wiggins of the 32nd:
A Bill to be entitled an Act to amend Code Section 67-108, relating to registry of mortgages and security deeds on property of railroads and public utilities, so as to include corporations or entities engaging in the furnishing of telephone service or the production, transmission or distribution of electricity within the provisions of said code section; and for other purposes.

HB 1512. By Messrs. Threadgill and Wiggins of the 32nd:
A Bill to be entitled an Act to amend the "Uniform Commercial CodeSecured Transactions", so as to exempt from the filing provisions of said chapter security interest in property of corporations and other entities engaged in the furnishing of telephone service or the produc tion, transmission or distribution of electricity; and for other purposes.

HR 713-1512. By Mr. Cook of the 123rd:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of the City of Atlanta to establish an historic zone within a. designated area of the city; and for other purposes.
HB 1513. By Mr. Games of the 129th:
A Bill to be entitled an Act to re-establish a Local Education Commis sion in Atlanta and Fulton County to continue the study of the desira bility of combining the school systems of Fulton County and of the City of Atlanta, including the portion thereof lying in DeKalb County; and for other purposes.

SB 282. By Senator Johnson of the 38th:
A Bill to be entitled an Act to fix the compensation of ordinaries in counties having a population of more than 500,000; and for other purposes.

1796

JOURNAL OF THE HOUSE,

SB 312. By Senators Sells of the 37th, Ward of the 39th, Smith of the 34th, and others:
A Bill to be entitled an Act to amend an Act to consolidate the offices of Tax Receiver of Fulton County and of Tax Collector of Fulton County into the office of Tax Commissioner of Fulton County; and for other purposes.

SB 350. By Senator Pennington of the 45th:
A Bill to be entitled an Act to require the manufacturer of any new non-commercial aircraft delivered to a buyer in this State to furnish and install free, within 30 days of notice, equivalent equipment to replace any equipment in such aircraft which has malfunctioned as a result of defective workmanship; and for other purposes.

SB 353. By Senators Johnson of the 42nd, Minish of the 48th, Sells of the 37th, and others:
A Bill to be entitled an Act to amend an Act known as the "Metropoli tan Atlanta Rapid Transit Authority Act of 1965", so as to clarify what costs may be capitalized as costs of a rapid transit system or project; and for other purposes.

SB 360. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend Section 59-106 of the Code of Georgia, relating to the revision of jury lists and the method whereby jury commissioners choose grand and traverse jurors; and for other purposes.

SB 369. By Senators Searcey of the 2nd, Gardner of the 1st, Chapman of the 32nd and others:
A Bill to be entitled an Act to provide that the Director of the Depart ment of Corrections submit a list of prison-made products to the Super visor of Purchases; and for other purposes.

SR 149. By Senator Smith of the 18th:
A Resolution proposing an amendment to the Constitution, so as to authorize the submission of a proposal by the General Assembly for a new Constitution; and for other purposes.

SR 205. By Senator Webb of the llth:
A Resolution proposing an amendment to the Constitution, so as to pro vide for meetings of the General Assembly; and for other purposes.

MONDAY, FEBRUARY 26, 1968

1797

SR 207. By Senator Hall of the 52nd:
A Resolution proposing an amendment to the Constitution so as to pro vide for staggered terms for the members of the County Board of Edu cation of Floyd County; and for other purposes.

SR 209. By Senator Minish of the 48th:
A Resolution proposing an amendment to the Constitution so as to create the Jackson County Industrial Development Authority; and for other purposes.

SB 310. By Senators Sells of the 37th, Ward of the 39th, Smith of the 34th and others:
A Bill to be entitled an Act to amend an Act to require the Tax Re ceiver or Tax Commissioner of Fulton County to receive tax returns for the city of Atlanta for all property taxable in that portion of the city located in Fulton County; and for other purposes.

Mr. Floyd of the 7th District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the follow ing Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 658-1046. Do Pass. HR 457-1013. Do Pass. HR 534-1179. Do Pass. HR 452-999. Do Pass. HR 183-555. Do Pass. HR 428-941. Do Pass. HR 424-941. Do Pass. HR 435-952. Do Pass. HR 499-1089. Do Pass. HR 380-855. Do Pass. HR 500-1089. Do Pass. HR 384-880. Do Pass. HR 429-944. Do Pass. HR 550-1206. Do Pass.

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JOURNAL OF THE HOUSE,

HR 481-1037. Do Pass. HR 410-917. Do Pass. HR 385-880. Do Pass. HR 528-1156. Do Pass. HR 403-912. Do Pass. HR 404-912. Do Pass. HR 605-1295. Do Pass. HR 604-1288. Do Pass. HR 454-1013. Do Pass. HR 482-1037. Do Pass. HR 542-1183. Do Pass. HR 595-1243. Do Pass as Amended. HR 610-1297. Do Pass as Amended. HR 615-1320. Do Pass as Amended. HR 526-1114. Do Pass as Amended. HR 423-932. Do Pass as Amended.
Respectfully submitted, Floyd of the 7th District Chairman

Mr. Murphy of the 26th District, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks and Banking has had under consideration the fol lowing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1241. Do Pass as Amended. HB 1233. Do Pass.
Respectfully submitted, Murphy of the 26th District Chairman

Mr. Harris of the 118th District, Chairman of the Committee on Judiciary submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills

MONDAY, FEBRUARY 26, 1968

1799

and Resolution of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HR

705. Do Pass.

HB 1430. Do Pass.

HB 1511. Do Pass.

HB 1512. Do Pass.

SB

214. Do Pass by Substitute.

SB

360. Do Pass.

HB 1355. Do Pass as Amended.

Respectfully submitted,

Harris of the 118th District

Chairman

Mr. Clarke of the 45th, Chairman of the Committee on Local Affairs, sub mitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me as Chair man, to report the same back to the House with the following recommendations:
HB 1125. Do Pass. HB 1310. Do Pass. HB 1326. Do Pass. HB 1389. Do Pass. HB 1402. Do Pass. HB 1463. Do Pass. HB 1471. Do Pass. HB 1473. Do Pass. HB 1480. Do Pass. HB 1482. Do Pass. HB 1484. Do Pass. HB 1485. Do Pass. HB 1490. Do Pass. HR 679-1465. Do Pass. HR 681-1473. Do Pass. HR 682-1473. Do Pass.

1800

JOURNAL OF THE HOUSE,

HE 684-1477. Do Pass.

HR 686-1477. Do Pass.

HR 687-1477. Do Pass

HB 1323. Do Pass, by Substitute.

HB 1324. Do Pass.

HB 1466. Do Pass, as Amended.

HR 664-1435. Do Pass.

HR 671-1446. Do Pass.

HR 675-1458. Do Pass.

HR 676-1458. Do Pass.

HR 678-1464. Do Pass, as Amended.

HR

706. Do Pass.

HR

702. Do Pass.

HR

704. Do Pass.

SB

272. Reported back without recommendation.

Respectfully submitted, Clarke of the 45th District Chairman

Mr. Williams of the 16th District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

Your Committee on Motor Vehicles has had under consideration the following Bills and Resolution of the House and Senate and has instructed me as Chair man, to report the same back to the House with the following recommendations:

HB

314. Do Not Pass.

HB

492. Do Pass.

HB 1479. Do Pass.

HB

394. Do Not Pass.

HB 1378. Do Not Pass.

SR

187. Do Pass.

SB

322. Do Pass.

HB 1319. Do Pass by Substitute.

MONDAY, FEBRUARY 26, 1968

1801

HB

840. Do Not Pass.

HB 1290. Do Not Pass.

Respectfully submitted, Williams of the 16th District Chairman

Mr. Chandler of the 47th District, Chairman of the Committee on State Insti tutions and Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions and Property has had under considera tion the following Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommen dations :
HB 1118. Do Pass. HB 1374. Do Pass. HR 603-1280. Do Pass. HR 673-1450. Do Pass. HR 709-1479. Do Pass.
Respectfully submitted,
Chandler of the 47th District
Chairman

Mr. McCracken of the 49th District, Chairman of the Committee on State of Republic, submitted the following report:

Mr. Speaker:

Your Committee on State of Republic has had under consideration the follow ing Bill and Resolution of the Senate and House and has instructed me as Chair man, to report the same back to the House with the following recommendations:

SR

205. Do Pass.

HB 1423. Do Pass by Substitute.

Respectfully submitted, McCracken of the 49th District Chairman

1802

JOURNAL OF THE HOUSE,

Mr. Paris of the 23rd District, Chairman of the Committee on Temperance, submitted the following report:

Mr. Speaker:

Your Committee on Temperance has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB

213. Do Pass.

HB

948. Do Pass by Substitute.

HB 1344. Do Pass.

HB 1453. Do Pass.

Respectfully submitted,

Paris of the 23th District

Chairman

Mr. Melton of the 34th District, Chairman of the Committee on Ways & Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 596-1247. Do Pass. HR 598-1247. Do Pass. HR 599-1247. Do Pass. HR 597-1247. Do Pass. HB 1476. Do Pass. HB 1478. Do Pass. HR 537-1179. Do Pass by Substitute.
Respectfully submitted, Melton of the 34th District Chairman

The following message was received from the Senate through Mr. McWhorter the Secretary thereof:
Mr. Speaker:
The Senate has adopted, by substitute, by the requisite constitutional majority the following Resolution of the House, to-wit:

MONDAY, FEBRUARY 26, 1968

1803

HR 577. By Mr. Brown of the 34th: A Resolution praising General Lewis B. Hershey; and for other purposes.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House, to-wit:

HB 1132. By Messrs. McClatchey of the 138th and Busbee of the 79th:
A Bill to amend Georgia Code Section 113-903 (3) by providing that upon the death of a husband intestate leaving a wife and children, it shall be presumed that the wife elects to take a child's part as provided by the section unless she files an application for dower during her life time as by law provided; and for other purposes.

HB 1243. By Messrs. Cooper of the 103rd, Henderson and Wilson of the 102nd, Howard and McDaniell of the 101st:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Cobb County, so as to change the provisions relating to the appointment of certain officers and employees of Cobb County; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:

HB 850. By Messrs. Levitas of the 118th, Egan of the 141st, and McClatchey of the 138th:
A Bill to adopt the Uniform Deceptive Trade Practices Act; and for other purposes.

HB 1023. By Messrs. Wiggins and Threadgill of the 32nd, Underwood of the 61st, and McCracken of the 49th:
A Bill to amend Code Chapter 34-10, so as to provide that all petitions for the nominations of candidates shall be filed with the Ordinary of that county within which the petition was circulated and signatures compiled; and for other purposes.

HB 1067. By Messrs. Adams of the 125th, Winkles of the 120th, Grier of the 132nd and others:
A Bill to provide that in all counties of this State having a population of 500,000 or more, the salary of the Clerk of the Superior Court shall be fixed by the County Commission, or other governing authorities of such counties, when the budget is adopted for the current year in such county, and shall be payable in equal monthly installments throughout said year; and for other purposes.

1804

JOURNAL OP THE HOUSE,

HB 1111. By Messrs. Harrison of the 98th, Scarlett of the 85th, Whaley of the 115th, Colwell of the 5th and others:
A Bill to amend an Act revising, consolidating and superseding the laws of this State relative to game and fish, so as to change the license fees for commercial fishing boats; and for other purposes.

The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate and House, to-wit:
SR 180. By Senators Johnson of the 38th, Maclntyre of the 40th, Smith of the 34th and others:
A Resolution proposing an amendment to Article VII, Section VII, Para graph I of the Constitution, so as to authorize the City of Atlanta to issue bonds without a referendum election under certain conditions; and for other purposes.
SR 184. By Senators Smith of the 34th, Maclntyre of the 40th, Johnson of the 38th and others:
A Resolution proposing an amendment to Article VII, Section VII, Para graph I of the Constitution, so as to authorize the City of Atlanta to issue bonds without a referendum election under certain conditions; and for other purposes.

SR 197. By Senator Kennedy of the 4th:
A Resolution to compensate Honorable Henry C. Kennedy; and for other purposes.

HR 430-952. By Messrs. Brown of the 34th and Melton of the 34th:
A Resolution authorizing the conveyance of certain real estate located in the City of Griffin in Spalding County, Georgia; and for other purposes.

HR 479-1029. By Messrs. Busbee of the 79th, Walling of the 118th, Bostick of the 93rd, and others:
A Resolution adopting the "Report of the Teacher Certification Policies Study Committee"; and for other purposes.

HR 490-1060. By Messrs. McCracken of the 49th, Mixon of the 81st, Wiggins of the 32nd, and others:
A Resolution creating an Election Laws Study Committee; and for other purposes.

MONDAY, FEBRUARY 26, 1968

1805

HR 582. By Mr. Laite of the 109th:
A Resolution relative to safety rules, regulations, procedures and pro grams by the State Department of Parks; and for other purposes.

HR 694. By Mr. Grier of the 132nd: A Resolution commending Dr. Charles F. Golden; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House, to-wit:
SB 236. By Senator Johnson of the 38th: A Bill to provide for the compensation of the Sheriff of certain counties, and the procedure in connection with the payment thereof; and for other purposes.
SB 362. By Senator Kilpatrick of the 44th: A Bill to amend an Act incorporating the City of Lake City in the County of Clayton, so as to change the date of elections in said city; to create and establish a recorder's court in said city; and for other purposes.
SB 363. By Senator Holley of the 22nd: A Bill to amend an Act pertaining to the State Highway Department of Georgia paying or participating in the cost of relocating certain utility lines; and for other purposes.

SB 365. By Senator Hensley of the 33rd:
A Bill to amend an Act creating the Cobb County-Marietta Water Authority, so as to change the rate of interest payable and maturity date on revenue bonds; and for other purposes.

SB 371. By Senator Holloway of the 12th:
A Bill to provide that consensual transactions of minors who are eighteen years of age or older shall be as effective as though such minors were of the age of majority; and for other purposes.

SB 372. By Senator London of the 50th:
A Bill to abolish the present method of compensating the tax collector of Fannin County, known as the fee system; to provide in lieu thereof an annual salary for such office; and for other purposes.

1806

JOURNAL OF THE HOUSE,

HB 860. By Mr. Shuman of the 65th:
A Bill to amend an Act supplementing the compensation received by the Ordinary of Bryan County, so as to change the compensation to be paid to the Ordinary; and for other purposes.

HB 875. By Messrs. Lovell of the 6th, Potts of the 33rd, Smith of the 44th and others:
A Bill to amend an Act known as the "Motor Vehicle Certificates of Title Act", so as to provide that the certificate of title shall contain the certifi cate of origin of the vehicle; and for other purposes.

HB 932. By Messrs. Northcutt, Gary and Lee of the 35th, Parker of the 68th, Wood of the 16th and others:
A Bill to provide for the issuance by the State Revenue Commissioner of special license tags to motor vehicle owners who operate citizens' band radio stations; and for other purposes.

HB 947. By Messrs. Ware of the 42nd, Wood of the 16th, Steis of the 100th, and others:
A Bill to declare the 30th day of May of each year, commonly known as National Memorial Day, to be a public and legal holiday in this State; and for other purposes.
HB 956. By Mr. McClatchey of the 138th:
A Bill to amend an Act known as the Fulton County Employees' Pension Act so as to provide the maximum amount of pension which certain indi viduals may receive under the provisions of this Act; and for other purposes.
HB 1143. By Messrs. Adams of the 125th, Bond of the 136th, Gates of the 123rd and others:
A Bill to provide definite and uniform compensation to be paid to court reporters for the preparation of criminal and civil transcripts in counties of the State having a population of 500,000 or more; and for other purposes.
HB 1158. By Messrs. Adams of the 125th, Daugherty of the 134th, Bond of the 136th and others:
A Bill to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit, so as to provide that the compensation of the first assistant Solicitor-General and Trial Assistant SolicitorsGeneral shall be fixed by the Solicitor-General within specified limits; and for other purposes.

MONDAY, FEBRUARY 26, 1968

1807

HB 1168. By Messrs. Fallin and Matthews of the 94th:
A Bill to amend an Act creating and establishing a new charter for the City of Moultrie, so as to change the time for giving notice to the clerk prior to certain elections; and for other purposes.

HB 1209. By Mr. Bostick of the 93rd:
A Bill to amend an Act creating a board of commissioners of roads and revenues of Tift County, so as to establish the office of Vice Chairman of the board of county commissioners; and for other purposes.

HB 1242. By Mr. Gunter of the llth:
A Bill to amend an Act creating a new charter for the Town of Baldwin, in the counties of Banks and Habersham, so as to change the term of office of the mayor; and for other purposes.

HB 1301. By Messrs. Westlake, Jenkins, Higginbotham and Davis of the 119th, Palmer, Smith, Malone and Vaughn of the 117th and others:
A Bill to amend an Act placing the sheriff of Rockdale County on an annual salary in lieu of the fee system of compensation, so as to increase the number of full-time deputies the sheriff shall be authorized to appoint; and for other purposes.

HB 1307. By Messrs. Fallin and Matthews of the 94th:
A Bill to amend an Act creating and establishing the City Court of Colquitt County in and for the County of Colquitt, so as to change the name of said court to the Civil and Criminal Court of Colquitt County; and for other purposes.

HB 1318. By Mr. Brantley of the 63rd:
A Bill to create a new Board of Education of Candler County; to pro vide for the membership of said Board; to provide for Education Dis tricts; and for other purposes:

HB 1320. By Mr. Doster of the 73rd:
A Bill to amend an Act creating a new charter for the City of McRae so as to establish further election laws for said City and modify other existing laws; and for other purposes.

HB 1331. By Messrs. Lee, Gary and Northcutt of the 35th:
A Bill to authorize the governing authority of Clayton County to adopt ordinances and regulations to regulate and control junkyards along cer tain highways in Clayton County; and for other purposes.

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JOURNAL OP THE HOUSE,

HB 1345. By Mr. Jones of the 76th:
A Bill to amend an Act abolishing the fee system of compensating the clerk of the superior court, sheriff and tax commissioner of Mclntosh County, so as to change the amount of the expense allowance received by the sheriff; and for other purposes.

HB 1350. By Messrs. Howard and McDaniell of the 101st, Cooper of the 103rd, Wilson and Henderson of the 102nd:
A Bill to create a law library for the use of the judges, solicitors, or ordinaries and other officers of Cobb County; and for other purposes.

HB 1358. By Messrs. Matthews and Farmer of the 29th:
A Bill to authorize certain counties in this State to establish and main tain a law library for the use of the judges, solicitors, ordinaries and other officers of the courts of said counties; and for other purposes.

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:

SB 236. By Senator Johnson of the 38th:
A Bill to be entitled an Act to provide for the compensation of the sheriff of certain counties, and the procedure in connection with the pay ment thereof; and for other purposes.
Referred to the Committee on Local Affairs.

SB 362. By Senator Kilpatrick of the 44th:
A Bill to be entitled an Act to amend an Act incorporating the City of Lake City, so as to change the date of elections; and for other purposes.
Referred to the Committee on Local Affairs.

SB 363. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend an Act pertaining to the State Highway Department paying or participating in the payment of the cost of relocating certain utility lines; and for other purposes.
Referred to the Committee on Highways.

SB 365. By Senator Hensley of the 33rd:
A Bill to be entitled an Act to amend an Act creating the Cobb CountyMarietta Water Authority, so as to change the rate of interest payable and maturity date on revenue bonds; and for other purposes.
Referred to the Committee on Local Affairs.

MONDAY, FEBRUARY 26, 1968

1809

SB 371. By Senator Holloway of the 12th:
A Bill to be entitled an Act to provide that consensual transactions of minors who are 18 years of age or older shall be as effective as though such minors were of the age of majority; and for other purposes.
Referred to the Committee on Judiciary.

SB 372. By Senator London of the 50th:
A Bill to be entitled an Act to abolish the present method of compensat ing the tax collector of Fannin County; and for other purposes.
Referred to the Committee on Local Affairs.

SR 180. By Senators Johnson of the 38th, Maclntyre of the 40th, Smith of the 34th and others:
A Resolution proposing an amendment to the Constitution, so as to authorize the City of Atlanta to issue bonds without a referendum elec tion under certain conditions; and for other purposes.
Referred to the Committee on Local Affairs.

SR 184. By Senators Smith of the 34th, Maclntyre of the 40th, Johnson of the 38th and others:
A Resolution proposing an amendment to the Constitution, so as to authorize the City of Atlanta to issue bonds without a referendum elec tion under certain conditions; and for other purposes.
Referred to the Committee on Local Affairs.

SR 197. By Senator Kennedy of the 4th:
A Resolution to compensate Honorable Henry C. Kennedy; and for other purposes.
Referred tothe Committee on Appropriations.

By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 1125. By Messrs. Howard of the 101st, Wilson of the 102nd and Cooper of the 103rd:
A Bill to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, so as to provide that the solicitor general shall not be prohibited from practicing law except in any contested matter in any court in this State; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1810

JOURNAL OP THE HOUSE,

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 1310. By Mr. Murphy of the 26th:
A Bill to be entitled an Act to amend an Act so as to provide that the City of Bremen shall have the power to condemn land lying outside its corporate limits for sewer and water purposes; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.

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

HB 1324. By Messrs. Wiggins and Threadgill of the 32nd: A Bill to be entitled an Act to provide for the appointment of the School Superintendent of Carroll County by the Board of Education of Carroll County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.

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

HB 1326. By Mr. Bostick of the 93rd: A Bill to be entitled an Act to establish an Airport Authority for Tift County to be known as the "Tift County Airport Authority"; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.

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

MONDAY, FEBRUARY 26, 1968

1811

HB 1389. By Mr. Lovell of the 6th:
A Bill to be entitled an Act to amend an Act incorporating the City of Cleveland, so as to change the corporate limits; to change the time for opening and closing of the polls; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 1402. By Messrs. Dollar and Cato of the 89th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Bainbridge, so as to change the number of aldermen; to change the method of electing aldermen; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.

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

HB 1455. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Chattooga County into the office of Tax Commis sioner of Chattooga County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.

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

HB 1456. By Mr. Parrish of the 96th:
A Bill to be entitled an Act to amend an Act changing the mode of com pensating the clerk of the superior court, the ordinary, and the tax

1812

JOURNAL OF THE HOUSE,

commissioner of Cook County from the fee system to the salary system, so as to increase the salary of the ordinary of said county; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 120, nays 0.

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

HB 1457. By Mr. Jordan of the 82nd:
A Bill to be entitled an Act to amend an act abolishing the fee system of compensation for the clerk of the superior court, the ordinary, and the tax commissioner of Coffee County and providing in lieu thereof salaries, so as to change the maximum compensation allowable to the clerk of the Sheriff of Coffee County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.

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

HB 1459. By Messrs. Rowland and Joiner of the 48th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Washington County upon an annual salary, so as to change the compen sation of the sheriff; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 120, nays 0.

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

MONDAY, FEBRUARY 26, 1968

1813

HB 1460. By Mr. Colwell of the 5th:
A Bill to be entitled an Act to change the present method of compensat ing the sheriff of Union County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.

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

HB 1463. By Messrs. Vaughn, Malone and Palmer of the 117th, Harris and Levitas of the 118th, Westlake and Davis of the 119th and Ballard of the 37th:
A Bill to be entitled an Act to provide for a change in the holding of the terms of the Superior Courts of the Stone Mountain Judicial Circuit; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.

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

HB 1464. By Mr. Jordan of the 82nd: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Nicholls, so as to change the maximum amount of com pensation of the Mayor and Aldermen of the City of Nicholls; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.

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

HB 1465. By Messrs. Russell and Oglesby of the 92nd:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Boston in the County of Thomas, so as to

1814

JOURNAL OP THE HOUSE,

provide for a change in the election of a marshal, who shall also be chief of police, from an election by the qualified voters to an election by the mayor and council of the City of Boston; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.

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

HB 1467. By Messrs. Malone, Palmer, Smith and Vaughn of the 117th, Westlake, Higginbotham, Davis and Jenkins of the 119th:
A Bill to be entitled an Act to amend an Act supplementing the existing laws of this State which enable DeKalb County to exercise the powers of planning zoning and rezoning, so as to improve, clarify and make more complete the methods and procedures for the regulation of zoning and ways setting the use to which land and/or the improvements thereon may be lawfully put; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.

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

HB 1468. By Mr. Steis of the 100th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Talbot County, so as to change the compensation of the tax commissioner; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 120, nays 0.

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

MONDAY, FEBRUARY 26, 1968

1815

HB 1469. By Mr. Steis of the 100th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Talbot County upon an annual salary, so as to provide for additional deputies, their compensation and method of payment; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.

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

HB 1227. By Messrs. Caldwell of the 51st, Lee, Gary and Northcutt of the 35th and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to create a new judicial circuit for the State of Georgia, to be called the Griffin Circuit, and to be composed of the counties of Spalding, Pike, Upson, and Fayette", so as to fix the compensation of the Solicitor General of the Griffin Judicial Circuit; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.

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

HB 1323. By Messrs. Wiggins and Threadgill of the 32nd:
A Bill to be entitled an Act to provide for the election of the members of the Board of Education of Carroll County; to provide for numbering positions on the Board; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to provide for the election of the members of the Board of Education of Carroll County; to provide for Education Districts; to provide the manner of electing members to the Board; to provide for qualifications and compensation of the members of the

1816

JOURNAL OF THE HOUSE,

Board; to provide for filling vacancies; to provide for the election of a chairman and other officers of the Board by the members; to provide for the appointment of the county school superintendent of Carroll County by the Board; to provide for his qualifications, compensation, and term of office; to provide for all matters and procedures relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1

The Board of Education of Carroll County shall be composed of five members to be elected as hereinafter provided. For the purpose of elect ing members of the Board of Education of Carroll County, the Carroll County School District shall be divided into five education districts as follows:

Education District No. 1. Education District No. 1 shall be com posed of all territory within Carroll County embraced within G.M.D. No. 714 (Carrollton), except that area within the City of Carrollton.

Education District No. 2. Education District No. 2 shall be com posed of all that territory within Carroll County embraced within G.M.D. No. 642 (Villa Rica) and G.M.D. No. 1542 (Hulett).

Education District No. 3. Education District No. 3 shall be com posed of all that territory within Carroll County embraced within GM.D. 1111 (Bowdon), G.M.D. No. 1527 (Victory) and G.M.D. 1310 (New Mexico).

Education District No. 4. Education District No. 4 shall be com posed of all that territory within Carroll County embraced witihn G.M.D. No. 649 (Temple), G.M.D. No. 1152 (Center Point), G.M.D. No. 1496 (Bowdon Junction) G.M.D. No. 1436 (Flint Corner), G.M.D. No. 1371 (Burwell), G.M.D. 1006 (Kansas) and G.M.D. No. 1240 (Mt. Zion).

Education District No. 5. Education District No. 5 shall be composed of all that territory within Carroll County embraced within G.M.D. No. 682 (Whitesburg), G.M.D. No. 713 (Roopville), G.M.D. No. 729 (Cross Plains), G.M.D. No. 1163 (Lowell), G.M.D. No. 1297 (County Line), G.M.D. No. 1483 (Clem), G.M.D. No. 1541 (Banning), G.M.D. No. 1122 (Sandhill), G.M.D. No. 1533 (Tyus).

SECTION 2
The members of the Board shall be elected by the voters of the Carroll County School District, but candidates shall not offer for election to said Board from any election district other than the district in which their legal residence lies.

MONDAY, FEBRUARY 26, 1968

1817

SECTION 3

No person shall be eligible to represent an election district unless he is at least twenty-five years of age, a freeholder, and has been a resident of the County for two years and a resident of the district from which he offers as a candidate for at least one year immediately preceding the date of the election. In the event a member moves his residence from the district which he represents, his place on the Board shall immediately become vacant.

SECTION 5
At the General Election conducted in 1968 there shall be elected the first members of the Board of Education for Carroll County as hereinbelow provided for. A candidate elected from Education Districts 2 and 3 shall take office on the 1st day of January following the election and shall serve for a term of office for two years each and until their successors are duly elected and qualified. Candidates elected from Dis tricts 1, 4, and 5, at said election shall take office on the 1st day of January following the election and shall serve for a term of office for four years each and until their successors are duly elected and qualified. Thereafter, successors who are elected to the initial members of the Carroll County Board of Education, as provided for herein, shall be elected at the General Election which is conducted in that year in which the respective terms of office shall expire, and they shall take office on the first day of January following their election and serve for a term of four years and until their successors are duly elected and qualified.

SECTION 5
At the first meeting of the Board, which is conducted in January of each year, the Board shall elect one of its members as chairman and such other officers as it shall determine. Three members of the Board shall constitute a quorum for the transaction of any business which may come before the Board. All members of the Board shall be compensated in an amount of $40.00 per month, except the chairman, who shall receive $50.00 per month, payable monthly, plus the necessary expenses incurred in carrying out the official duties.

SECTION 6
Vacancies on the Board which occur within the first two years of a term of office shall be filled by the remaining members of the Board electing a successor from the Education District from which the vacancy occurred to serve until the next General Election, at which time a succes sor shall be elected by the voters of the entire County from the Education District in which the vacancy occurred to serve out the unexpired term of office. In the event the regular term of office in which the vacancy shall occur shall expire within 90 days subsequent to the first general elections which falls after the vacancy shall occur, the member appointed by the Board to fill the vacancy shall serve out the unexpired term of office. Vacancies occurring during the last two years of the term of office shall be filled by the remaining members of the Board electing a successor from the Education District from which the vacancy occurred

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JOURNAL OF THE HOUSE,

to serve out the unexpired term of office. The Carroll County Board of Education created by this Act shall be the successor to all rights, powers, duties and obligations of the old Carroll County Board of Education and shall be subject to all Constitutional and Statutory provisions relating to County Boards of Education.

SECTION 7
The County School Superintendent of Carroll County serving at the time of the approval of this Act shall continue to serve out the term of office to which he was elected. Thereafter, the Board of Education of Carroll County shall appoint the County Superintendent of Carroll County, who shall serve at the pleasure of the Board. The Board shall fix the compensation of the Superintendent. The person appointed to the office of County School Superintendent of Carroll County shall possess the qualifications prescribed for county school superintendents by the laws of this State and such other qualifications as may be pre scribed from time to time by the State Board of Education and by the State and Regional accrediting agencies.

SECTION 8

On a date which shall not be less than thirty days nor more than sixty days of the approval of this Act by the Governor, or after it other wise becomes law, it shall be the duty of the Ordinary of Carroll County to issue the call for an election for the purpose of submitting this Act to the voters of the Carroll County School District for approval or rejection. The Ordinary shall cause the date and purpose of the election to be pub lished once a week for two weeks immediately preceding the date thereof, in the official Organ of Carroll County. The ballots shall have written or printed thereon the words:
"For approval of the Act providing for the election of the Carroll County Board of Education by the people and for the ap pointment of the County School Superintendent of Carroll County by the Board.
"Against approval of the Act providing for the election of the Carroll County Board of Education by the people and for the ap pointment of the County School Superintendent of Carroll County by the Board."
All persons desiring to vote in favor of the Act shall vote for approv al and those persons desiring to vote against or rejection of the Act shall vote against approval. If more than one half of the votes cast on such questions are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expenses of such election shall be borne by Carroll County. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such election on the same laws and rules and regulations as govern Special Elections, except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the results of the election. It shall be his further duty to certify the results thereof to the Secretary of State.

MONDAY, FEBRUARY 26, 1968

1819

SECTION 9

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

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, by substitute, the ayes were 120, nays 0.

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

HB 1454. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Chattooga County upon an annual salary, so as to change the compensation of the chief deputy, one deputy sheriff and the jailer; and for other pur poses.
The following substitute, offered by Mr. Floyd of the 7th, was read and adopted:
A BILL
To be entitled an Act to amend an Act placing the sheriff of Chattooga County upon an annual salary, approved March 18, 1964 (Ga. Laws 1964, p. 2996), as amended by an Act approved March 7, 1966 (Ga. Laws 1966, p. 3325), so as to change the compensation of the chief deputy, one deputy sheriff and the jailer; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
An Act placing the sheriff of Chattooga County upon an annual salary, approved March 18, 1964 (Ga. Laws 1964, p. 2996), as amended by an Act approved March 7, 1966 (Ga. Laws 1966, p. 3325), is hereby amended by striking from Section 2 the words and figures "four thousand eight hundred dollars ($4,800.00)" and inserting in lieu there of the words and figures "five thousand four hundred dollars ($5,400.00)" and by striking the words and figures "three thousand six hundred dollars ($3,600.00)" as it appears in the second sentence and inserting in lieu thereof the words and figures "four thousand eight hundred dollars ($4,800.00)" and by striking the words and figures "three thou sand six hundred dollars ($3,600.00)" as it appears in the third sentence

1820

JOURNAL OP THE HOUSE,

and inserting in lieu thereof the words and figures "four thousand two hundred dollars ($4,200.00)" so that when so amended Section 2 shall read as follows:

"Section 2. The sheriff shall be authorized to appoint one chief deputy to assist him in the performance of his duties and fix the compensation of such deputy not to exceed five thousand four hundred dollars ($5,400.00) per annum, which compensation shall be paid in equal monthly installments from the funds of Chattooga County. He shall also be authorized to employ one additional deputy and fix his compensation at not to exceed four thousand eight hundred dollars ($4,800.00) per annum, which compensation shall be paid in equal monthly installments from the funds of Chattooga County. He is also authorized to employ a jailer and fix his compensation at not to exceed four thousand two hundred dollars ($4,200.00) per annum, which compensation shall be paid in equal monthly installments from the funds of Chattooga County. Said jailer shall act as clerk for the sheriff's office and shall keep complete, adequate and current records for said office and shall submit such records to the governing authority of Chattooga County on a monthly basis."

SECTION 2
All laws and parts of laws in conflict with this Act are hereby repealed.

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, by substitute, the ayes were 120, nays 0.

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

HB 1466. By Messrs. Graves, Lowrey and Starnes of the 13th:
A Bill to be entitled an Act to amend an Act establishing a Merit System for the Government of Floyd County, so as to include certain employees of the Office of the Solicitor General; and for other purposes.

The following amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 1466 as follows:
By adding to Section 2 of said Bill, immediately after sub-para-

MONDAY, FEBRUARY 26, 1968

1821

graph (w) a new sub-paragraph to be identified as sub-paragraph (x) the following:

"(x) The Surplus Food Program Director"

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, as amended, the ayes were 120, nays 0.

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

HR 664-1435. By Mr. Roach of the 15th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Cherokee County to establish and administer fire protection districts in said county; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section IV, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following:
"The governing authority of Cherokee County is hereby au thorized and empowered to establish and administer fire protection districts and sewerage districts in the unincorporated area of the County. The governing authority shall fix the geographical boundaries of any such district and may construct, maintain, ope rate and administer a fire protection system in such district. The governing authority is hereby authorized to levy a tax not to exceed five mills, for such purpose on all property in said district, if the levying of such tax is approved by a majority vote of those quali fied voters of said district voting at a special election to be called and conducted by the ordinary of said county in said district. The governing authority shall set the date for said election, which shall be held and conducted as are other special elections. The governing authority is also authorized to issue revenue bonds for such purposes as authorized by the Constitution and laws of this State. The homestead exemption granted under the Constitution and laws of this State shall not be granted and shall not apply to the levy of any taxes provided for herein."

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JOURNAL OP THE HOUSE,

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to authorize the governing authority of Cherokee County to establish and administer fire protection districts in the
"NO ( ) unincorporated areas of said county and to levy a tax not to exceed five mills conditioned upon approval of the qualified voters of any such district voting in a special election on such question?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K.

Black Blalock Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D.

Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Cheeks Clarke

MONDAY, FEBRUARY 26, 1968

1823

Cole Collins, J. F. Conner Cook Cooper, B. Cooper, J. R. Crowe, William
Dailey Daugherty Davis Dean Dent Dickinson Dillon Dollar Doster Douglas Edwards Egan Fallin Farmer Farrar Floyd Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hall Hamilton Hargrett Harrington Harris, J. R. Harris, R. W. Harrison Higginbotham Holder Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner

Jones, C. M. Jones, M. Jordan, G. K aylor Kirksey Laite Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Magoon M alone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken Melton Miller Mixon Moore, Don C. Moore, J. H. Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Oglesby
Otwell Pafford Palmer Parker, H. W. Parrish

Peterson Potts Ragland Rainey Reaves Richardson Roach Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Starnes Steis Sullivan Thompson, A. W. Thompson, R. Town send Turner
Tye Underwood Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Williams Wilson, J. M. Winkles Wood

Those not voting were Messrs. :

Collins, M. Colwell Cox Crowe, W. J. DeLong Dixon

Dodson Dorminy Fleming Funk Hadaway Hale

Harris, J. F. Henderson Hill Hood Howard Jordan, W. H.

1824
Knapp Leggett McDaniell Merritt Moate Moreland Odom

JOURNAL OF THE HOUSE,

Paris Parker, C. A. Phillips Pickard Poss Ross Stalnaker

Sweat Threadgill Tucker Vaughan, D. N. Wiggins Wilson, R. W. Mr. Speaker

On the adoption of the Resolution, the ayes were 166, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 671-1446. By Mr. Parker of the 55th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize the governing authority of Screven County to levy a tax not to exceed one mill to be set aside and used by the Sylvania-Screven Airport Au thority; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section IV, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The governing authority of Screven County is hereby autho rized to levy a tax on all taxable property therein not to exceed one mill for the purpose of securing a fund to be set aside and used by said authority for the general purposes prescribed in the Act creating said authority."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

MONDAY, FEBRUARY 26, 1968

1825

"YES ( ) Shall the Constitution be amended so as to authorize the governing authority of Screven County to levy
NO ( ) a tax not to exceed one mill for the purpose of secur ing a fund to be set aside and used by the SylvaniaScreven Airport Authority?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates

Cato Chandler Cheeks Clarke Cole Collins, J. P. Conner Cook Cooper, B. Cooper, J. R. Crowe, William Dailey Daugherty Davis Dean Dent Dickinson Dillon Dollar Doster Douglas Edwards Egan Fallin Farmer Farrar

Floyd Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hall Hamilton Hargrett Harrington Harris, J. R. Harris, R. W. Harrison Higginbotham Holder Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M.

1826

JOURNAL OF THE HOUSE,

Jordan, G. Kaylor Kirksey Laite Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken Melton Miller Mixon Moore, Don C.

Moore, J. H. Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Oglesby Otwell Pafford Palmer Parker, H. W. Parrish Peterson Potts Eagland Rainey Reaves Richardson Roach Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman

Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Starnes Steis Sullivan Thompson, A. W. Thompson, R. Townsend Turner Tye Underwood Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Williams Wilson, J. M. Winkles Wood

Those not voting were Messrs.:

Collins, M. Colwell Cox Crowe, W. J. DeLong Dixon Dodson Dorminy Fleming Funk Hadaway Hale Harris, J. F. Henderson

Hill Hood Howard Jordan, W. H. Knapp Leggett McDaniell Merritt Moate Moreland Odom Paris Parker, C. A. Phillips

Pickard Poss Ross Stalnaker Sweat Threadgill Tucker Vaughan, D. N. Wiggins Wilson, R. W. Mr. Speaker

On the adoption of the Resolution, the ayes were 166, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

MONDAY, FEBRUARY 26, 1968

1827

HR 675-1458. By Mr. Floyd of the 7th:

A RESOLUTION
Proposing an amendment to the Constitution, so as to change the manner of election and terms of office of the members of the Board of Education of Chattooga County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VIII, Section V, Paragraph I of the Constitution, as amended by the constitutional amendment ratified at the November, 1960 election and published on page 453 of the Georgia Laws of 1959, is hereby amended by adding a new paragraph at the end of said amendment to read as follows:
"Notwithstanding any other provisions of the Constitution, at the election for members of the Board of Education of Chattooga County held in 1968, the members from Education Districts one and five shall each be elected for a term of four (4) years and until their successors are elected and qualified. The members from Education Districts two, three, and four shall each be elected for a term of two (2) years and until their successors are elected and qualified. Thereafter, all elections for members of the Board of Education shall be held biennially in the General Election. All future members from the five Education Districts shall be elected for terms of four (4) years and until their successors are elected and qualified. Each member elected shall take office on January 1st of the year following his election.
In the event two or more candidates receive the same number of votes for any such office, the ordinary shall conduct a runoff election in the same manner and within the same time limits as for other runoff elections for county officials. Vacancies on the Board shall be filled as previously provided."

SECTION 2

'

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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 staggered terms for the members of the Board of
NO ( ) Education of Chattooga County?"

1828

JOURNAL OF THE HOUSE,

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Cheeks Clarke Cole Collins, J. P.

Conner Cook Cooper, B. Cooper, J. R. Crowe, William Dailey Daugherty Davis Dean Dent Dickinson Dillon Dollar Doster Douglas Edwards Egan Fallin Farmer Farrar Floyd Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hall Hamilton Hargrett

Harrington Harris, J. R. Harris, R. W. Harrison Higginbotham Holder Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Laite Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lovell Lowrey Magoon

MONDAY, FEBRUARY 26, 1968

1829

Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken Melton Miller Mixon Moore, Don C. Moore, J. H. Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Oglesby Otwell Pafford

Palmer Parker, H. W. Parrish Peterson Potts Ragland Rainey Reaves Richardson Roach Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, J. R.

Smith, V. T. Smith, W. L. Snow Starnes Steis Sullivan Thompson, A. W. Thompson, R. Turner Tye Underwood Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Williams Wilson, J. M. Winkles Wood

Those not voting were Messrs.:

Collins, M. Colwell Cox Crowe, W. J. DeLong Dixon Dodson Dorminy Fleming Funk Hadaway Hale Harris, J. F.

Henderson Hill Hood Howard Jordan, W. H. Knapp Leggett McDaniell Merritt Moate Moreland Odom Paris

Parker, C. A. Phillips Pickard Poss Ross Stalnaker Sweat Threadgill Tucker Vaughan, D. N. Wiggins Wilson, R. W. Mr. Speaker

On the adoption of the Resolution, the ayes were 166, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 676-1458. By Mr. Floyd of the 7th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide that the proceeds of ad valorem taxes collected on motor vehicles by Chat-

1830

JOURNAL OF THE HOUSE,

tooga County may be used by the governing authority of said county in the same calendar year in which such taxes are collected; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1

Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"Any provisions of an amendment to the Constitution of 1877, relating to Chattooga County, found in Georgia Laws 1941, p. 35, or of any other provision of this Constitution or any provision of law to the contrary notwithstanding, the proceeds of ad valorem taxes collected on motor vehicles by Chattooga County may be used by the governing authority of said county in the same calendar year in which such taxes are collected and may be used for the same purposes for which other ad valorem taxes collected in the immediately preceding calendar year are used."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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 the proceeds of ad valorem taxes collected on motor vehicles by Chattooga County may be used by the
NO ( ) governing authority of said county in the same cal endar year in which such taxes are collected?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

MONDAY, FEBRUARY 26, 1968

1831

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bo wen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D.
Brown, C. Buck Busbee Caldwell Games Gates Cato Chandler Cheeks Clarke Cole Collins, J. P. Conner Cook Cooper, B. Cooper, J. R. Crowe, William Dailey Daugherty Da vis Dean Dent Dickinson Dillon Dollar

Doster Douglas Edwards Egan Fallin Farmer Farrar Floyd Gary
Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hall Hamilton Hargrett Harrington Harris, J. R. Harris, R. W. Harrison Higginbotham Holder Howell Hutchinson Jenkins Johnson, A. S. Johnson, B.
Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Laite Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard

Levitas Lewis Longino Lovell Lowrey Magoon M alone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken Melton Miller Mixon Moore, Don C. Moore, J. H. Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Oglesby Otwell Pafford Palmer Parker, H. W. Parrish Peterson Potts Ragland Rainey Reaves Richardson Roach Rowland Rush Russell Savage Scarlett Shanahan

1832
Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Starnes

JOURNAL OF THE HOUSE,

Steis Sullivan Thompson, A. W. Thompson, R. Townsend Turner Tye Underwood Vaughn, C. R. Walling Wamble

Ward Ware Wells Westlake Whaley Williams Wilson, J. M. Winkles Wood

Those not voting were Messrs.:

Collins, M. Colwell Cox Crowe, W. J. DeLong Dixon Dodson Dorminy Fleming Funk Hadaway Hale Harris, J. F.

Henderson Hill Hood Howard Jordan, W. H. Knapp Leggett McDaniell Merritt Moate Moreland Odom Paris

Parker, C. A. Phillips Pickard Poss Ross Stalnaker Sweat Threadgill Tucker Vaughan, D. N. Wiggins Wilson, R. W. Mr. Speaker

On the adoption of the Resolution, the ayes were 166, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 678-1464. By Mr. Bowen of the 69th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Dooly County Industrial Development Authority; to provide for pow ers, authority, funds purposes and procedure connected therewith; to provide for issuing revenue bonds and for the validation of such bonds; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section VII, Paragraph V of the Constitution is hereby amended by adding at the end thereof a new Paragraph which shall read as follows:

MONDAY, FEBRUARY 26, 1968

1833

"A. There is hereby created a body corporate and politic in Dooly County, Georgia, to be known as the Dooly County Industrial Development Authority, which shall be an instrumentality of the State of Georgia and a public corporation and which in this amend ment is hereafter referred to as the 'Authority'.

"B. The Authority shall consist of six members to be elected by the Board of Commissioners of Roads and Revenues for the County of Dooly for initial terms of two, four and six years, and thereafter for staggered terms of six years. At the time of election of the first members, the aforesaid Board of Commissioners shall elect two members for a two-year term, two members for a fouryear term, and two members for a six-year term, and thereafter the terms of all members shall be six years. In the event a vacancy occurs for any reason, the aforesaid Board of Commissioners shall promptly elect a person to fill such vacancy for the unexpired term. A majority of the members shall constitute a quorum for the transaction of routine business, but no official action may be taken by the Authority without the affirmative vote of a majority of the membership of the Authority. The Authority shall have power to elect their own Chairman, Assistant Chairman, Treasurer and Secretary from its membership and each other officers as the Au thority deems necessary or desirable. No member of the aforesaid Board of Commissioners may be a member of said Authority and only residents of Dooly County, Georgia shall be eligible members for said Authority.

"C. The power of the Authority shall include, but not be limited to, the power:

1. To sue and be sued; to receive and administer gifts, grants and donations and administer trusts;

2. To borrow money, to issue notes and revenue bonds, to execute trust agreements or indentures, and to sell, convey, lease, encumber, pledge and assign any and all of its funds, property, and income as security therefor;

3. To contract with any political subdivision of the State of Georgia, and with the State of Georgia, and with the United States of America, or with any department or agency of any of them, and with private persons and corporations;

4. To exercise any power granted by the laws of the State of Georgia to any public or private corporation performing similar functions, which is not in conflict with the Constitution and laws of the State of Georgia;

5. To encourage and promote the expansion and development of industrial and commercial facilities in Dooly County, Georgia, so as to relieve insofar as possible unemployment within its boun daries, and to that end to acquire by purchase or gift any building or structure within the limits of said county suitable for and in tended for use as a factory, mill, shop, processing plant, assembly

1834

JOURNAL OF THE HOUSE,

plant, or fabricating plant including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful fur nishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, or buildings or other structures and facilities useful or desirable in connection therewith, including the demolition of existing structures, or through the acquisition of an existing building and remodeling, renovating, reconstructing, furnishing and equipping of such building;

6. No Building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer or possession. The lessee or pur chaser shall be required to pay all cost of operating and maintain ing the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking;

7. To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;

8. To designate officers to sign and act for the Authority generally or in any specific manner;

9. To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated;

10. To appoint and select officers, agents and employees in cluding engineers, architects, builders and attorneys, and to fix their compensation;

11. To adopt, alter or repeal its own bylaws, rules and regula tions governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its busi-

"D. The property obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property obligations and interest on the obligations of Dooly County, Georgia. The exemptions from taxation herein provided shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority.
"E. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds, debentures and revenue bonds for the purpose of paying all or any part of the cost of any project

MONDAY, FEBRUARY 26, 1968

1835

of the Authority. Such revenue bonds may be issued bearing rate or rates of interest and maturing at the years and amounts deter mined by the Authority, and when so authorized, the procedure for validation, inssuance and delivery shall be in all respects in ac cordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended, as if said oligation had been originally authorized to be issued thereunder. The judgement of validation shall be final, con clusive and forever incontestable as to the validity of the bonds and the security for the payment thereof, as well as all other matters, both substantive and procedural, relative to their issuance, and any property real or personal, of the Authority may be pledged, mort gaged, conveyed, assigned, hypothecated or otherwise encumbered, including the creation of any security interest in any equipment or other property of the Authority, as security for any lawful debt of the Authority.

"F. The Authority shall not be empowered or authorized in any manner to create any debt, liability or obligation against the State of Georgia, or County of Dooly.

"G. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Dooly County, Georgia, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time.

"H. This amendment, being for the purpose of developing and promoting the public good and the welfare of Dooly County, Geor gia, and its inhabitants, shall be liberally construed to effect the purposes hereof.

"I. The provisions of this amendment are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.

"J. Any project of the Authority shall be restricted to or with in the limits of Dooly County, Georgia.

"K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within the County of Dooly and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes.

"L. This amendment shall be effective immediately upon pro clamation of its ratification by the Governor and the first members of the Authority shall take office within thirty (30) days after such proclamation.

"M. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise

1836

JOURNAL OF THE HOUSE,

thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to create the Dooly County Industrial Development Authority; to provide for powers, authority, funds, purposes and
NO ( ) procedure connected therewith; to provide for issuing revenue bonds and for the validation of such bonds?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote aginst rati fying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The following amendment was read and adopted:
Messrs. Rainey and Bowen of the 69th move to amend HR 6781464 as follows:
By striking from the sentence immediately preceding the last sentence of quoted paragraph B of Section 1 the word "each" where it appears between the word "and" and the word "other" and inserting in lieu thereof the word "such".
By inserting a comma (,) between the word "property" and the word "obligations" wherever the same appear in quoted paragraph D of Section 1.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, as amended.

MONDAY, FEBRUARY 26, 1968

1837

On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Games Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Conner Cook Cooper, B. Cooper, J. R. Crowe, William Dailey Daugherty Davis Dean Dent Dickinson Dillon Dollar Doster Douglas Edwards Egan

Fallin Farmer Farrar Floyd Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hall Hamilton Hargrett Harrington Harris, J. R. Harris, R. W. Harrison Higginbotham Holder Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Laite Lambert Lambros Land Lane, Dick Lane, W. J.
Lee, W. J. (Bill) Lee, W. S. Leonard Le vitas Lewis Longino Lovell Lowrey Magoon M alone Mason

Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken Melton Miller Mixon Moore, Don C. Moore, J. H. Mullinax Murphy Nash Nessmith Newton Nimmer Northcutt Oglesby Otwell Pafford Palmer Parker, H. W. Parrish Peterson Potts Ragland Rainey Reaves Richardson Roach Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow Starnes Steis

1838

JOURNAL OF THE HOUSE,

Sullivan Thompson, A. W. Thompson, R. Townsend Turner Tye Underwood

Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake

Whaley Williams Wilson, J. M. Winkles Wood

Those not voting were Messrs.:

Collins, M. Colwell Cox Crowe, W. J. DeLong Dixon Dodson Dorminy Fleming Funk Hadaway Hale Harris, J. F.

Henderson Hill Hood Howard Jordan, W. H. Knapp Leggett McDaniell Merritt Moate Moreland Odom Paris

Parker, C. A. Phillips Pickard Poss Ross Stalnaker Sweat Threadgill Tucker Vaughan, D. N. Wiggins Wilson, R. W. Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 166, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
Mrs. Merritt of the 68th stated that she had been called from the floor of the House when the roll calls were ordered on HR 664-1435, HR 678-1464, HR 671-1446, HR 675-1458 and HR 676-1458, but had she been present would have voted "aye".
Mr. Sweat of the 83rd stated that he had been called from the floor of the House when the rolls calls were ordered on HR 664-1435, HR 671-1446, HR 6781464, HR 675-1458 and HR 676-1458, but had he been present would have voted "aye".

The following Resolution of the House was read and adopted:

HR 721. By Mr. Smith of the 54th:
A RESOLUTION
Expressing regrets at the passing of Mr. Roy Clyde Smith; and for other purposes.

MONDAY, FEBRUARY 26, 1968

1839

WHEREAS, Mr. Roy Clyde Smith of Emanuel County passed away on February 17, 1968 at the age of seventy-five; and

WHEREAS, he served as the last elected Treasurer of Emanuel County prior to that elective office being abolished; and

WHEREAS, he was a prominent businessman and was active in the civic and religious affairs of his community; and

WHEREAS, his passing is a great loss to his locality and his State.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby express their sincerest regrets at the passing of Mr. Roy Clyde Smith, and ex tend their deepest sympathy to the members of his family.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to the family of Mr. Smith.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Special Judiciary and referred to the Committee on Local Affairs:

SB 330. By Senators Padgett of the 23rd and Holley of the 22nd:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide for the appointment of and the salary for an Executive Secretary and Calendar Clerk to the Judge or Judges presiding in civil matters, as distinguished from domestic relations and criminal matters"; to repeal conflicting laws; and for other purposes.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Local Affairs and referred to the Committee on Legislative and Congressional Reapportionment:

HB 1327. By Messrs. Howard and McDaniell of the 101st, Wilson and Henderson of the 102nd and Cooper of the 103rd:
A Bill to be entitled an Act to amend Code Section 47-102, so as to include the Mt. Harmony (1900) militia district within the 32nd Senatorial District; and for other purposes.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Local Affairs and referred to the Committee on Ways and Means:

1840

JOURNAL OF THE HOUSE,

HB 1447. By Mr. Games of the 129th:
A Bill to be entitled an Act to amend the "Planning Commissions Au thorized" Act, as amended, so as to grant the same tax exemptions and exclusions from State Sales and Use Taxes to municipal planning com missions, county planning commissions, municipal-county planning com missions and joint planning commissions as are now granted to cities and counties; and for other purposes.

The following message was received from the Senate through Mr. McWhorter the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the follow ing Bill of the House, to-wit:

HB 1164. By Messrs. Snow, Hale and Crowe of the 1st and Ward of the 2nd:
A Bill to amend an Act creating the Lookout Judicial Circuit, so as to increase the compensation of the solicitor general; to increase the compensation which may be paid to the clerk typist of the solicitor general; and for other purposes.

The Senate has adopted by the requisite constitutional majority the follow ing Resolution of the Senate, to-wit:

SR 213. By Senators Pennington of the 45th, McGill of the 24th, Dean of the 6th, and others:
A Resolution proposing an amendment to the Constitution so as to provide that the sale of milk is in the public interest and, as such, may be regulated by the General Assembly; and for other purposes.

By unanimous consent, the following Resolution of the Senate was read the first time and referred to the Committee on Agriculture:

SR 213. By Senators Pennington of the 45th, McGill of the 24th, Dean of the 6th and others:
A Resolution proposing an amendment to the Constitution so as to provide that the sale of milk is in the public interest and, as such, may be regulated by the General Assembly; and for other purposes.

The following Bills and Resolutions of the House were taken up for the pur pose of considering the Senate amendments thereto:

MONDAY, FEBRUARY 26, 1968

1841

HB 981. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A Bill to be entitled an Act to amend an Act entitled "An Act to make it unlawful to park or leave unattended any vehicle upon the right-ofway of any State highway for over 48 hours; and for other purposes.

The following Senate amendment was read:
The Senate Committee on Highways moves to amend HB 981 as follows:
1. By striking from the caption the following language:
"so as to remove the provisions granting sellers of fruits, nuts and/or vegetables an exemption from the operation of this Act;"
and inserting in lieu thereof the following language:
"so as to change from fifteen (15) feet to thirty (30) feet from the edge of the pavement the provisions granting sellers of fruits, nuts and/or vegetables an exemption from the operation of this Act; so as to remove the provisions granting sellers of fruits, nuts and/or vegetables an exemption from the operation of this Act, on the National System of Interstate and Defense Highways;".
2. By striking from Section 1, Section 3 in its entirety and in serting a new Section 3 to read as follows:
"Section 3. It shall be unlawful for any person or persons to sell merchandise, fruits or vegetables or nuts or anything else of value while parked on State right-of-way of the State highways of Georgia, except that the sellers of fruits, nuts and/or vegetables shall be exempt from the provisions of this Act, on all public roads and highways except on roads and highways comprising a part of the National System of Interstate and Defense Highways, provided they display said products no nearer than thirty (30) feet from the edge of the pavement of said highways, so as to allow potential customers room to park on the shoulders on said highways, allowing full clearance of paved sections."

Mr. Williams of the 16th moved that the House disagree to the Senate amendment and the motion prevailed.

The Senate amendment to HB 981 was disagreed to.

HB 843. By Messrs. Williams and Wood of the 16th, Johnson of the 40th, Adams of the 125th and others:
A Bill to be entitled an Act to provide for the use of speed detection devices by counties and municipalities; to provide for permits for the

1842

JOURNAL OF THE HOUSE,

use of such devices from the Department of Public Safety; and for other purposes.

The following Senate amendments were read:
Senate Committee on Public Utilities and Transportation offers the following amendment to HB 843 as follows:
By striking from Section 3 the following:
"This ticket or card shall be printed in duplicate and any per son arrested for violation of the speed limit shall, at the scene of the arrest, be furnished with a copy of the ticket or card which shows the imprint made upon it by the speed detection device, indi cating the speed at which the vehicle was traveling, the date and time of the offense.",
and inserting in lieu thereof the following:
"This ticket or card shall be printed in duplicate and any per son arrested for violation of the speed limit shall, at the scene of the arrest, be furnished with a copy of the ticket or card which shows the imprint made upon it by the speed detection device, in dicating the speed at which the vehicle was traveling."
Committee on Public Utilities and Transportation offers the follow ing amendment to HB 843 as follows:
By striking Section 10 in its entirety and inserting in lieu thereof a new Section 10 to read as follows:
"Section 10. Upon a determination by the Board that a county or municipality against which a complaint has been brought is em ploying such speed detection devices for the collection of revenue rather than for purposes of public safety, the Governor shall issue his executive order directing the Director of Public Safety to revoke the permit of the county or municipality to employ speed detection devices within its jurisdiction, and the Director shall forthwith revoke such permit. It shall be unlawful for such speed detection devices to be used in any municipality or county for which a permit for such use has not been issued, or for which such a permit has been revoked and not reissued, and it shall be unlawful for any official of such county or municipality to order such speed detec tion devices to be used. It shall also be unlawful for any law en forcement officer of any such county or municipality to use any such speed detection devices. Any such official or law enforcement officer violating the aforesaid provisions shall be guilty of a mis demeanor and, upon conviction thereof, shall be punished as for a misdemeanor."
Public Utilities and Transportation Committee moves to amend House Bill No. 843 as follows:

MONDAY, FEBRUARY 26, 1968

1843

By adding at the end of Section 1 the following:

"The provisions of this Act shall not apply to any official receiving a recording fee."

By striking from the end of Section 9 the following:

", who shall be reimbursed for the actual and necessary ex penses pertaining to their services on said Board but".

Mr. Williams of the 16th moved that the House agree to the Senate amend ments.

On the motion, the ayes were 120, nays 2.

The Senate amendments to HB 843 were agreed to.

HB 844. By Mr. Shanahan of the 8th:
A Bill to be entitled an Act to provide for the Gordon County Develop ment Authority, to provide for the members of the Authority, their terms and method of appointment; and for other purposes.

The following Senate amendment was read:
Senator Maclntyre of the 40th District moves to amend HB 844 as follows:
by adding at the end of Section 3, the following:
Any exemption from taxation herein provided shall not include exemption from sales and use taxes.

Mr. Shanahan of the 8th moved that the House agree to the Senate amend ment.

On the motion, the ayes were 103, nays 0.

The Senate amendment to HB 844 was agreed to.

1844

JOURNAL OF THE HOUSE,

HB 850. By Messrs. Levitas of the 118th, Egan of the 141st and McClatchey of the 138th:
A Bill to be entitled on Act to adopt the Uniform Deceptive Trade Prac tices Act; and for other purposes.

The following Senate amendment was read:
Senate Judiciary Committee amendment to HB 850:
The Senate Judiciary Committee moves to amend House Bill 850 by deleting from Section 1, Sub-paragraph (1) the word "ad" and sub stituting in lieu thereof the word "as" so that said sub-paragraph when amended shall read as follows:
"(1) 'article' means a product as distinguished from its trademark, label, or distinctive dress in packaging;"

Mr. Levitas of the 118th moved that the House agree to the Senate amend ment.

On the motion, the ayes were 105, nays 0.

The Senate amendment to HB 850 was agreed to.

HB 1002. By Mr. Jordan of the 78th:
A Bill to be entitled an Act to amend an Act granting a new charter for the City of Leary, so as to change the term of office of the mayor and councilmen; and for other purposes.

The following Senate amendment was read:
Senator Webb of the llth moves to amend HB 1002, Section 3, by
adding thereto the following:
"and by striking from Section 5 the word 'three', and inserting in lieu thereof the word 'six' ",
so that when so amended, Section 5 shall read as follows:
"Section 5. Be it further enacted that all persons qualified to vote for members of the General Assembly in this State, and who

MONDAY, FEBRUARY 26, 1968

1845

have resided in said city six months prior to the election at which they offer to vote, and who shall have registered as required by the registration laws and orders of said city, shall be qualified to vote at any election held under the provisions of this charter."

Mr. Jordan of the 78th moved that the House agree to the Senate amendment.

On the motion, the ayes were 103, nays 0.

The Senate amendment to HB 1002 was agreed to.

HB 1067. By Messrs. Adams of the 125th, Winkles of the 120th, Grier of the 132nd, Egan of the 141st, Hood of the 124th and others:
A Bill to be entitled an Act to provide that in all counties of this State having a population of 500,000 or more, the salary of the Clerk of the Superior Court shall be fixed by the County Commission, or other gov erning authorities of such counties, when the budget is adopted for the current year in such county, and shall be payable in equal monthly installments throughout said year; and for other purposes.

The following Senate amendment was read:
Senator Ward of the 39th moves to amend HB 1067 by striking the figures "16,000.00" in line 1, and inserting in lieu thereof the figures $18,000.00".

Mr. Adams of the 125th moved that the House agree to the Senate amend ment.

On the motion, the ayes were 103, nays 0.

The Senate amendment to HB 1067 was agreed to.

HB 1212. By Mr. Rush of the 75th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Long County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff of Long County; and for other purposes.

1846

JOURNAL OF THE HOUSE,

The following Senate amendment was read:

Senator Adams of the 5th moves to amend HB 1212 as follows:

By striking from Section 2 the words

"The sheriff shall have the authority to appoint one clerk who shall be compensated Two Thousand, Four Hundred ($2,400.00) Dollars per annum, payable in equal monthly installments from funds of Long County."

Mr. Rush of the 75th moved that the House agree to the Senate amendment.

On the motion, the ayes were 103, nays 0.

The Senate amendment to HB 1212 was agreed to.

HB 1226. By Mr. Caldwell of the 51st:
A Bill to be entitled an Act to amend Code Section 47-101, so as to redefine certain representative districts and to reapportion Represen tatives among certain of the districts; and for other purposes.

The following Senate amendment was read:
Committee on Economy, Reorganization and Efficiency In Govern ment offers the following amendment to HB 1226.
SECTION I
By striking from the quoted language of Section 1 all language describing District No. 87, District No. 92 and District No. 93, and substituting in lieu thereof the following:
"District No. 87: That portion of Chatham County within the following boundaries:
Begin at a point at the intersection of the Savannah and Ogeechee Canal with the line dividing Chatham County from Bryan County and run thence in a counterclockwise direction along the meanderings of the Chatham--Bryan line and the southern and eastern boundary lines of Chatham County to its point of the intersection with Green Island Sound; thence north wardly along the centerline of the channels of Green Island Sound and the Vernon River to its intersection with the westerly pro jection of the centerline of Bethesda Road; thence eastwardly along

MONDAY, FEBRUARY 26, 1968

1847

the western projection of the centerline of Bethesda Road to its intersection with the centerline of Whitfield Avenue; thence eastwardly along the centerline of Bethesda Road to its intersection with the centerline of Ferguson Avenue; thence eastwardly along the eastern projection of the centerline of Bethesda Road to the centerline of Shipyard Creek; thence northwardly along the meanderings of Shipyard Creek to the centerline of skidaway Road; thence northwestwardly along the centerline of Skidaway Road to the centerline of Montgomery Cross Road; thence westwardly along the centerline of Montgomery Cross Road to the centerline of Waters Road; thence northwardly along the centerline of Waters Road to the centerline of Stephenson Avenue; thence westwardly along the centerline of Stephenson Avenue to the western line of White Bluff Road at the city limits line of the City of Savannah; thence in a clockwise direction along the meandering of the city limits line of the City of Savannah to the centerline of Interstate Highway 1-16 at its intersection with Endley Street and Seaboard Coastline Railroad; thence westwardly along the centerline of 1-16 to the point of its intersection with the Savannah and Ogeechee Canal; thence southwestwardly along the meanderings of said canal to the point of beginning; all references herein to the city limits lines of the City of Savannah being as they existed on January 1, 1968. - 1 Representative.

"District No. 92: That portion of Chatham County lying within the following boundaries:

Begin at a point at the northern projection of the centerline of West Broad Street with the northern city limits line of the City of Savannah and run thence northwardly along the northern projection of the centerline of West Broad Street to the line of the Savannah River dividing Georgia from South Carolina; thence east wardly along the meanderings of the Georgia - South Carolina line and the northern and eastern boundary lines of Chatham County to its point of intersection with Green Island Sound; thence north wardly along the centerline of the channels of Green Island Sound and the Vernon River to its intersection with the westerly projection of the centerline of Bethesda Road; thence eastwardly along the western projection of the centerline of Bethesda Road to its inter section with the centerline of Whitfield Avenue; thence eastwardly along the centerline of Bethesda Road to its intersection with the centerline of Ferguson Avenue; thence eastwardly along the east ern projection of the centerline of Bethesda Road to the centerline of Shipyard Creek; thence northwardly along the meanderings of Shipyard Creek to the centerline of Skidaway Road; thence north wardly along the centerline of Skidaway Road to the centerline of Montgomery Cross Road; thence westwardly along the centerline of Montgomery Cross Road to the centerline of Waters Road; thence northwardly along the centerline of Waters Road to the centerline of Intermediate Road; thence eastwardly along the centerline of Intermediate Road to the centerline of Thomas Avenue; thence northwardly along the centerline of Thomas Avenue to the southern projection of the centerline of Lovett Drive; thence northwardly along the southern projection of the centerline of Lovett Drive and the centerline of Lovett Drive to the centerline of Bacon Park Drive; thence westwardly along the centerline of Bacon Park Drive

1848

JOURNAL OF THE HOUSE,

to the centerline of the Casey Canal; thence northwardly along the meanderings of the Casey Canal to the centerline of DeRenne Avenue; thence eastwardly along the centerline of DeRenne Avenue to the centerline of Skidaway Road; thence northwardly along the centerline of Skidaway Road to the centerline of Victory Drive; thence eastwardly along the centerline of Victory Drive to the city limits line of the City of Savannah; thence northwardly in a counterclockwise direction along the city limits line to the centerline of the eastern projection of Hayward Court; thence westwardly along the eastern projection of the centerline of Hayward Court and the centerline of Hayward Court to the centerline of Jones Street; thence northwardly along the centerline of Jones Street to the centerline of Liberty Street; thence westwardly along the centerline of Liberty Street to the centerline of Nevada Street; thence northwardly along the centerline of Nevada Street to the centerline of President Street Extension; thence westwardly along the centerline of President Street Extension to the centerline of the Bilbo Canal; thence northwardly along the centerline of the meanderings of the Bilbo Canal to the south bank of the Savannah River; thence along the line of the city limits of the City of Savannah in a counterclockwise direction across the Savannah River and on Hutchinson Island and/or Fig Island to the point of beginning; all references herein to the city limits lines of the City of Savannah being as they existed on January 1, 1968. - 1 Representative.

"District No. 93. That portion of Chatham County lying with in the following boundaries:

Begin at the intersection of the northern projection of the centerline of West Broad Street with the northern city limits line of the City of Savannah and run thence northwardly along the northern projection of the centeriine of West Broad Street to the line of the Savannah River dividing Georgia from South Carolina;
thence westwardly and northwardly along the meanderings of the Georgia - South Carolina line to its point of intersection with the line dividing Chatham County from Effingham County; thence southwardly along the Chatham-Effingham line to the point of intersection of the dividing lines of Chatham, Bryan and Effingham Counties; thence along the meanderings of the Chatham-
Bryan line to its intersection with the Savannah and Ogeechee Canal; thence northeastwardly along the meanderings of said canal to the centerline of Interstate Highway 1-16; thence eastwardly along the centerline of 1-16 to the centerline of the Seaboard Coast line Railroad mainline; thence northwestwardly along the center-
line of the Seaboard Coastline Railroad mainline to the centerline of the Savannah and Ogeechee Canal; thence eastwardly along the meanderings of the S & O Canal to the centerline of Toledo Street; thence northwardly along the centerline of Toledo Street and its northern projection to the centerline of Coner Street; thence eastwardly along the centerline of Coner Street to the centerline of Mclntyre Street; thence northwardly along the centerline of
Mclntyre Street to the centerline of Augusta Avenue; thence east wardly along the centerline of Augusta Avenue to the centerline of Millen Street; thence northwardly along the centerline of Millen Street to the centerline of Bay Street; thence eastwardly along the centerline of Bay Street past East Lathrop Avenue to the city limits

MONDAY, FEBRUARY 26, 1968

1849

line of the City of Savannah, thence along the city limits line of the City of Savannah in a northerly and clockwise direction across the Savannah River and on Hutchinson Island to the point of begin ning; all references herein to the city limits lines of the City of Savannah being as they existed on January 1, 1968. - 1 Representa tive."

Mr. Caldwell of the 51st moved that the House agree to the Senate amend ment.

On the motion, the ayes were 113, nays 0.

The Senate amendment to HB 1226 was agreed to.

HR 377-853. By Mr. Johnson of the 25th:
A Resolution to recreate the Elbert County Industrial Building Au thority, to provide for powers, authority, funds, purposes and procedure connected therewith; and for other purposes.

The following Senate amendment was read:
Senator Maclntyre of the 40th District moves to amend HR 377-853 as follows:
by adding at the end of Paragraph "C", Section 1, the following;
The exemption from taxation herein provided shall not include the exemption from sales and use taxes on property purchased by the Authority or for use by the Authority.

Mr. Johnson of the 25th moved that the House agree to the Senate amend ment.
On the motion, the ayes were 137, nays 0.

The Senate amendment to HR 377-853 was agreed to.

HR 406-912. By Mr. Howell of the 86th:
A Resolution proposing an amendment to the Constitution so as to create the Early County Development Authority; and for other purposes.

1850

JOURNAL OF THE HOUSE,

The following Senate amendment was read:

Senator Maclntyre of the 40th District moves to amend HR 406-912 as follows:

by adding at the end of Paragraph "C", Section 1, the following:

The exemption from taxation herein provided shall not include the exemption from sales and use taxes on property purchased by the Authority or for use by the Authority.

Mr. Howell of the 86th moved that the House agree to the Senate amendment.

On the motion, the ayes were 137, nays 0.

The Senator amendment to HR 406-912 was agreed to.

HR 421-932. By Mr. Dailey of the 66th:
A Resolution proposing an amendment to the Constitution so as to create the Quitman County Industrial Development Authority; and for other purposes.

The following Senate amendment was read:
Senator Maclntyre of the 40th District moves to amend HR 421-932 as follows:
by adding at the end of Paragraph "C", Section 1, the following:
The exemption from taxation herein provided shall not include the exemption from sales and use taxes on property purchased by the Authority or for use by the Authority.

Mr. Dailey of the 66th moved that the House agree to the Senate amendment.

On the motion, the ayes were 137, nays 0.

The Senate amendment to HR 421-932 was agreed to.

HR 453-1002. By Mr. Jordan of th 78th:
A Resolution proposing an amendment to the Constitution, so as to create the Clay County Development Authority; and for other purposes.

MONDAY, FEBRUARY 26, 1968

1851

The following Senate amendment was read:

Senator Maclntyre of the 40th District moves to amend HR 453-1002 as follows:

by adding at the end of Paragraph "C", Section 1, the following:

The exemption from taxation herein provided shall not include the exemption from sales and use taxes on property purchased by the Authority or for use by the Authority.

Mr. Jordan of the 78th moved that the House agree to the Senate amendment.

On the motion, the ayes were 137, nays 0.

The Senate amendment to HR 453-1002 was agreed to.

HR 475-1020. By Mr. Black of the 56th:
A Resolution proposing an amendment to the Constitution, so as to create the Chattahoochee County Industrial Development Authority; and for other purposes.

The following Senate amendment was read:
Senator Maclntyre of the 40th District moves to amend HR 475-1020 as follows:
by adding at the end of Paragraph "L", Section 1, the following:
The exemption from taxation herein provided shall not include the exemption from sales and use taxes on property purchased by the Authority or for use by the Authority.

Mr. Black of the 56th moved that the House agree to the Senate amendment.

On the motion, the ayes were 137, nays 0.

The Senate amendment to HR 475-1020 was agreed to.

1852

JOURNAL OF THE HOUSE,

HR 476-1020. By Mr. Black of the 56th:
A Resolution proposing an amendment to the Constitution, so as to create the Stewart County Industrial Development Authority; and for other purposes.

The following Senate amendment was read:
Senator Maclntyre of the 40th District moves to amend HR 476-1020 as follows:
by adding at the end of Paragraph "L", Section 1, the following:
The exemption from taxation herein provided shall not include the exemption from sales and use taxes on property purchased by the Authority or for use by the Authority.

Mr. Black of the 56th moved that the House agree to the Senate amendment.

On the motion, the ayes were 137, nays 0.

The Senate amendment to HR 476-1020 was agreed to.

HR 484-1037. By Mr. Rush of the 75th:
A Resolution proposing an amendment to the Constitution, so as to create the Tattnall County Industrial Development Authority; and for other purposes.

The following Senate amendment was read:
Senator Maclntyre of the 40th District moves to amend HR 484-1037 as follows:
by adding at the end of Paragraph "M", Section 1, the following:
The exemption from taxation herein provided shall not include the exemption from sales and use taxes on property purchased by the Authority or for use by the Authority.

Mr. Rush of the 75th moved that the House agree to the Senate amendment.

MONDAY, FEBRUARY 26, 1968

1853

On the motion, the ayes were 137, nays 0.

The Senate amendment to HR 484-1037 was agreed to.

HR 485-1050. By Mr. Jordan of the 78th: A Resolution proposing an amendment to the Constitution, so as to create the Calhoun County Development Authority; and for other pur poses.
The following Senate amendment was read:
Senator Maclntyre of the 40th District moves to amend HR 485-1050 as follows:
by adding at the end of Paragraph "C",, Section 1, the following:
The exemption from taxation herein provided shall not include the exemption from sales and use taxes on property purchased by the Authority or for use by the Authority.

Mr. Jordan of the 78th moved that the House agree to the Senate amendment.

On the motion, the ayes were 137, nays 0.

The Senate amendment to HR 485-1050 was agreed to.

HR 487-1050. By Messrs. Pickard, Jones and Buck of the 112th, Thompson and Shields of the lllth, Berry and Thompson of the 110th:
A Resolution proposing an amendment to the Constitution, so as to provide for the creation of the Muscogee County Airport Commission as a constitutional commission; and for other purposes.

The following Senate amendment was read:
Senator Maclntyre of the 40th District moves to amend HR 487-1050 as follows:
by adding at the end of Paragraph 3 on page 4, the following:
Any exemption from taxation herein provided shall not include exemptions from sales and use taxes.

1854

JOURNAL OF THE HOUSE,

Mr. Pickard of the 112th moved that the House agree to the Senate amend ment.

On the motion, the ayes were 137, nays 0.

The Senate amendment to HE 487-1050 was agreed to.

HR 501-1090. By Messrs. Wilson and Henderson of the 102nd, McDaniell and Howard of the 101st and Cooper of the 103rd:
A Resolution proposing an amendment to the Constitution so as to provide that residents of the City of Marietta who are 62 years of age or over, or who are totally disabled, and who have an income from all sources not exceeding $5,000.00 per annum shall be granted a homestead exemption of $2,000.00; and for other purposes.

The following Senate amendment was read:
Senators Hensley of the 33th and Chapman of the 32nd move to amend HR 501-1090 as follows:
By inserting in the quoted language of Section 1, immediately preced ing the sentence which reads as follows:
"The value of the homestead in excess of the above exempted amount shall remain subject to ad valorem taxation by the City of Marietta.",
a new sentence to read as follows:
"Provided, however, under this provision, there shall be no more than one (1) $2,000.00 exemption per homestead."

Mr. Wilson of the 102nd moved that the House agree to the Senate amend ment.
On the motion, the ayes were 137, nays 0.

The Senate amendment to HR 501-1090 was agreed to.

HR 504-1093. By Mr. Shuman of the 65th:
A Resolution proposing an amendment to the Constitution so as to create the Bryan County Industrial Development Authority; and for other purposes.

MONDAY, FEBRUARY 26, 1968

1855

The following Senate amendment was read:

Senator Maclntyre of the 40th District moves to amend HR 504-1093 as follows:

by adding at the end of Paragraph "G", Section 1, the following:

The exemption from taxation herein provided shall not include the exemption from sales and use taxes on property purchased by the Authority or for use by the Authority.

Mr. Shuman of the 65th moved that the House agree to the Senate amendment.

On the motion, the ayes were 137, nays 0.

The Senate amendment to HR 504-1093 was agreed to.

HR 543-1183. By Mr. Holder of the 70th:
A Resolution proposing an amendment to the Constitution so as to create the Dodge County-Eastman Development Authority; and for other purposes.

The following Senate amendment was read:
Senator Maclntyre of the 40th District moves to amend HR 543-1183 as follows:
by adding at the end of Paragraph "C", Section 1, the following:
The exemption from taxation herein provided shall not include the exemption from sales and use taxes on property purchased by the Authority or for use by the Authority.

Mr. Holder of the 70th moved that the House agree to the Senate amendment.

On the motion, the ayes were 137, nays 0.

The Senate amendment to HR 543-1183 was agreed to.

1856

JOURNAL OF THE HOUSE,

HR 545-1196. By Mr. Steis of the 100th:
A Resolution proposing an amendment to the Constitution so as to create the City of Woodland Development Authority; and for other purposes.

The following Senate amendment was read:
Senator Maclntyre of the 40th District moves to amend HR 545-1196 as follows:
by adding at the end of Paragraph "D", Section 1, the following:
The exemption from taxation herein provided shall not include the exemption from sales and use taxes on property purchased by the Authority or for use by the Authority.

Mr. Steis of the 100th moved that the House agree to the Senate amendment.

On the motion the ayes were 137, nays 0.

The Senate amendment to HR 545-1196 was agreed to.

HR 548-1200. By Mr. Ross of the 31st:
A Resolution proposing an amendment to the Constitution to create the Lincolnton and Lincoln County Development Authority; and for other purposes.

The following Senate amendment was read:
Senator Maclntyre of the 40th District moves to amend HR 548-1200 as follows:
by adding at the end of Paragraph "3", Section 1, the following:
The exemption from taxation herein provided shall not include the exemption from sales and use taxes on property purchased by the Authority or for use by the Authority.

Mr. Ross of the 31st moved that the House agree to the Senate amendment.

On the motion, the ayes were 137, nays 0.

The Senate amendment to HR 548-1200 was agreed to.

MONDAY, FEBRUARY 26, 1968

1857

HR 557-1216. By Messrs. Blalock and Potts of the 33rd:
A Resolution proposing an amendment to the Constitution so as to create the Coweta County School System by merging the county school system of Coweta County and the independent school system of the City of Newnan; and for other purposes.

The following Senate amendment was read:
Senator Plunkett of the 30th moves to amend HR 557-1216, as follows:
By inserting immediately before the last paragraph thereof the following:
"The proposed amendment shall be voted upon by such quali fied voters of Coweta County as may desire to, and do, vote. The votes of the qualified voters of Coweta County who desire to, and do, vote who reside in the City of Newnan shall be kept separate from the votes of the qualified voters of Coweta County who desire to, and do, vote who do not reside in the City of Newnan. A separate tabulation shall be made of the votes cast by residents of the City of Newnan and those cast by residents of Coweta County living outside the City of Newnan. If a majority of the votes cast by residents of the City of Newnan is in favor of ratifying the amendment, and a majority of the votes cast by residents of Coweta County living outside of the City of Newnan is in favor of ratifying the amendment, then said amendment shall be deemed to have been ratified; but, if a majority of the votes cast by residents of the City of Newnan is against ratifying the amend ment, or a majority of the votes cast by residents of Coweta County living outside of the City of Newnan is against ratifying the amendment, then the amendment shall be deemed not to have been, ratified."

Mr. Blalock of the 33rd moved that the House agree to the Senate amend ment.

On the motion, the ayes were 137, nays 0.

The Senate amendment to HR 557-1216 was agreed to.

HB 1105. By Mr. Snow of the 1st:
A Bill to be entitled an Act to incorporate the City of Lookout Mountain; and for other purposes.

1858

JOURNAL OF THE HOUSE,

The following Senate amendments were read:

Senator Abney of the 53rd moves to amend HB 1105 as follows:

by striking Section 4.08 as presently written, and substituting there for the following:

"Section 4.08. Property taxes. All tangible property subject to taxation by said city, assessed as of the date of the County of Walker assessment date each year, shall be subject to the property tax levied by the city. The council by ordinance shall use the as sessment set by Walker County, Georgia."

Senator Abney of the 53rd moves to amend Section 1.04 of House Bill 1105 by changing the period at the end of subparagraph 8 to a comma and adding the following:

"insofar as such are not in conflict with the regulation by the Georgia Public Service Commission or other similar state or federal agency having jurisdiction in such matters."

The following amendment was read and adopted:

Mr. Snow of the 1st moves to amend House Bill No. 1105 as amended by the Senate, as follows:
By striking the last sentence in subsection (b) of Section 2.01 of Article II and inserting in lieu thereof the following:
"The two candidates for councilman receiving the next highest number of votes shall take office on the first day of January fol lowing their election and shall serve for a term of one year each and until their successors are duly elected and qualified."
Mr. Snow of the 1st moved that the House agree to the Senate amendments, as amended by the House.
On the motion, the ayes were 103, nays 0.
The Senate amendments to HB 1105 were agreed to, as amended.
The following Bills of the House were taken up for the purpose of con sidering the Senate substitutes thereto:

MONDAY, FEBRUARY 26, 1968

1859

HB 1132. By Messrs. McClatchey of the 138th and Busbee of the 79th:
A Bill to be entitled an Act to amend Ga. Code Sec. 113-903 (3) by providing that upon the death of a husband intestate leaving a wife and children or representatives of deceased children, it shall be pre sumed that the wife elects to take a child's part as provided by the section unless she files an application for dower as by law provided during her lifetime; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend Section 113-903 of the Code of Georgia of 1933, which establishes rules of inheritance, by more clearly defining the rights of the wife upon the death of the husband inter state; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. That Section 113-903 of the Code of Georgia of 1933, which establishes rules of inheritance, be amended by striking subparagraph (3) thereof, and inserting in lieu of the subparagraph so stricken, a new subparagraph (3), as follows:
"(3) If, upon the death of the husband there are children, or representatives of deceased children, the wife shall have a child's part, unless the shares exceed five in number, in which case the wife shall have one-fifth part of the estate. No election by the wife shall be necessary to entitle her to such portion of the hus band's estate, but she shall be entitled thereto as a matter of law, unless she shall, within twelve months from the death of the husband, notify the administrator that she elects to take her dower, or, if there be no administrator, file such notice in the office of the Ordinary of the County. If such notice is given, the wife shall have no interest in the realty beyond her dower rights, but such election shall not affect her rights under this Section with respect to the personal property of the decedent."
Section 2. That all laws or parts of laws in conflict with this Act are hereby repealed.

Mr. McClatchey of the 138th moved that the House agree to the Senate sub stitute.
On the motion, the ayes were 115, nays 0.

The Senate substitute to HB 1132 was agreed to.

1860

JOURNAL OP THE HOUSE,

HB 1243. By Messrs. Cooper of the 103rd, Henderson and Wilson of the 102nd, Howard and McDaniell of the 101st:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Cobb County, so as to change the provisions relating to the appointment of certain officers and employees of Cobb County; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Cobb County, Georgia, approved June 19, 1964 (Ga. Laws 1964 Ex. Sess., p. 2075), as amended, by an Act approved March 5, 1965 (Ga. Laws 1965, p. 2192), by an Act approved February 28, 1966 (Ga. Laws 1966, p. 2070), by an Act ap proved March 31, 1967 (Ga. Laws 1967, p. 2350), and by an Act ap proved April 18, 1967 (Ga. Laws 1967, p. 3182), so as to provide for the selection of a Chairman pro tern; to change the provisions relating to the appointment of certain officers and employees of Cobb County; to provide that the Chairman shall have the authority to appoint and fix the compensation of such officers and employees subject to approval or rejection by the Commission by a majority vote thereof; to provide that the Commission may remove from office or employment certain officers and employees of Cobb County by majority vote; to change the provisions relating to the qualifications of the executive assistant to the Chairman; to provide for the selection of a Chairman pro tern; to provide the procedures connected with the foregoing; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. An Act creating a Board of Commissioners of Roads and Revenues for Cobb County, Georgia, approved June 19, 1964 (Ga. Laws 1964, Ex. Sess., p. 2075), as amended, by an Act approved March 5, 1965 (Ga. Laws 1965, p. 2192), by an Act approved February 28, 1966 (Ga. Laws 1966, p. 2070), by an Act approved March 31, 1967 (Ga. Laws 1967, p. 2350), and by an Act approved April 18, 1967 (Ga. Laws 1967, p. 3182), is hereby amended by adding a new Section between Sections 10 and 11 to be designated Section 10A and to read as follows:
"Section 10A. The Board of Commissioners of Roads and Revenues shall elect from one of its members a Chairman Pro-Tern who, in the absence or incapacity of the Chairman, shall serve in his stead and while acting shall exercise all rights and privileges con ferred on the Chairman. In the event of death of the Chairman, the Chairman Pro-Tern shall act as Chairman until a successor is duly elected and qualified."
Section 2. Said Act is further amended by striking Section 13 in its entirety and substituting in lieu thereof a new Section 13 to read as follows:

MONDAY, FEBRUARY 26, 1968

1861

"Section 13. (a) The Chairman shall have exclusive authority to appoint and fix the compensation of the appointive officers and employees of Cobb County subject to the following limitations and requirements:

(1) The person appointed as an officer or employee shall have the qualifications that the office or position calls for when so specified in this Act.

(2) The compensation fixed by the Chairman shall be within budgetary provisions subject to approval or rejection by a majority of the Board of Commissioners in each and every case.

(3) All appointments shall be in accordance with the civil service merit system laws of Cobb County which may now be in force or which may hereafter be adopted, when such laws are applicable to such appointments.

(4) As to Department Heads, the person appointed and the amount of compensation fixed by the Chairman shall be subject to approval or rejection by a majority vote of the Commission, which may be the Chairman and any two mem bers, or any three members of the Commission.

(b) The Commission, by majority vote, which may be the Chairman and any two members, or any three members of the
Commission, may remove from office or employment any Depart ment Head of Cobb County, provided the removal of such Depart ment Head is not otherwise provided for by the civil service merit system laws of Cobb County which may now be in force or which
may hereafter be adopted. At any time the Chairman may discharge any employee other than a Department Head, and the Chairman may suspend any Department Head, but such suspension shall be
confirmed or rejected by a majority vote of the Board of Com missioners of Roads and Revenues at the next regular or special called meeting, unless action is continued by the Board. Confirma tion of the Chairman's suspension shall constitute discharge of the Department Head.

(c) The provisions of subsections (a) and (b) of this Section shall not be construed to apply to members of boards and commis sions, and positions of employment in connection therewith, when such boards and commissions were created by law, nor to the elective county officers of Cobb County and employees under their super vision and control.

(d) It is specifically provided that the elective county officers of Cobb County shall have the sole authority to appoint the per sonnel employed within their respective offices, subject to the civil service and merit system laws of Cobb County which may now be in force or which may hereafter be adopted, when applicable to such personnel, but the Commission, by majority vote, which may be the Chairman and any two members, or any three members of

1862

JOURNAL OF THE HOUSE,

the Commission, shall have the authority to approve or reject the salary recommended for each such employee."

Section 3. Said Act is further amended by striking Section 15 in its entirety and substituting in lieu thereof Section 15, which shall read as follows:

"Section 15. Executive Assistant to Chairman. The chair man shall appoint an executive assistant to the chairman. His compensation shall be approved by the Board of Commissioners of Roads and Revenues, which shall be spread upon the minutes of the Board of Commissioners of Roads and Revenues. Said executive assistant shall, in general exercise such routine duties of the chair man as shall be delegated to him by the chairman. The executive assistant shall have successfully completed formal training in business administration, engineering or public administration or shall have had at least two years' experience in one or more of the three fields. The executive assistant shall serve at the pleasure of the chairman or may be discharged by a majority vote of the Board of Commissioners. The chairman shall be authorized and empowered from time to time to increase, diminish, alter or modify the duties of the executive assistant, according to his dis cretion. Such authority shall be effective as of January 1, 1967."

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Cooper of the 103rd moved that the House agree to the Senate sub stitute.

On the motion, the ayes were 103, nays 0.

The Senate substitute to HB 1243 was agreed to.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 281. By Messrs. Starnes of the 13th and Bennett of the 95th:
A Bill to be entitled an Act to amend Code Chapter 26-11 relating to the crimes of abortion, foeticide and infanticide, so as to provide for the additional exceptions where such acts are undertaken or accom plished by physicians; and for other purposes.

MONDAY, FEBRUARY 26, 1968

1863

The following report of the Committee of Conference was read:

CONFERENCE COMMITTEE REPORT ON HOUSE BILL NO. 281

Mr. President:

Mr. Speaker:

Your Conference Committee on House Bill No. 281 has met and submits the following reports:

1. That the House and Senate recede from their positions.

2. That the Senate Judiciary Committee Substitute to HB 281 be adopted with the following changes:

(a) By striking in its entirety the last sentence of subsection (a) of quoted Section 26-1101 of Section 1 which reads as follows:

"It shall not be necessary in order to commit a criminal abortion that the woman be pregnant and that a termination of the preg nancy be accomplished."

(b) By adding in quoted Section 26-1106 (a) of Section 1 after the words "pursuant to Chapter 84-9" the words "or Chapter 84-12".

(c) By adding a new paragraph at the end of subsection (b) of quoted Section 26-1106 of Section 1 to be designated paragraph (9) and to read as follows:

"(9) All written opinions, statements, certificates and con currences filed and maintained pursuant to paragraphs (7) and (8) of this subsection shall be confidential records and shall not be made available for public inspection at any time."

Respectfully submitted,

FOR THE SENATE
Smalley of the 28th Johnson of the 42nd Hall of the 52nd
FOR THE HOUSE
Starnes of the 13th Jones of the 112th Murphy of the 26th

Mr. Starnes of the 13th moved that the report of the Committee of Conference be adopted.

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JOURNAL OF THE HOUSE,

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

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Barber Barfield Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Branch Bray Buck Busbee Caldwell Games Cato Chandler Cheeks Cole Collins, J. F. Collins, M. Conner Cooper, B. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean Dent Dillon Dixon Dodson
Dorminy
Doster
Douglas
Fallin
Farrar
Fleming
Funk
Gay
Gaynor
Gignilliat
Grahl
Graves

Grier Gunter Hadaway Hall Hamilton Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, W. H. Kaylor Kirksey Knapp Laite Lambert Land Lane, Dick Lee, W. S. Leonard Levitas Lewis Lowrey Magoon Malone
Mason
Mauldin
Maxwell
McClatchey
McCracken
McDaniell
Merritt
Mixon
Moate
Moore, Don C.
Moore, J. H.
Moreland

Mullinax Nash Newton Odom Oglesby Otwell Pafford Palmer Parker, H. W. Parrish Peterson Potts Reaves Richardson Roach Ross Rowland Rush Russell Scarlett Shanahan Sherman Shields Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Starnes Sweat Thompson, R. Threadgill Townsend Tucker Turner
Tye
Underwood
Vaughan, D. N.
Vaughn, C. R.
Walling
Wamble
Ward
Ware
Wells
Williams
Winkles
Wood

MONDAY, FEBRUARY 26, 1968

1865

Those voting in the negative were Messrs.:

Ballard Battle DeLong Egan

Gary Jordan, G. Lee, W. J. (Bill) Longino

Nimmer Rainey Steis Whaley

Those not voting were Messrs.:

Bostick Bo wen Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Gates Clarke Colwell Cook Cooper, J. R. Dickinson Dollar Edwards Farmer Floyd

Hale Harris, J. R. Hood Howard Howell Lambros Lane, W. J. Leggett Lovell Matthews, C. Matthews, D. R. Melton Miller Murphy Nessmith Northcutt

Paris Parker, C. A. Phillips Poss Ragland Savage Shuman Snow Stalnaker Sullivan Thompson, A. W. Westlake Wiggins Wilson, J. M. Wilson, R. W. Mr. Speaker

On the motion, the ayes were 144, nays 12.

The report of the Committee of Conference was adopted.

Messrs. Fleming of the 106th and Cheeks of the 104th stated that they had inadvertantly voted "aye" but intended to vote "nay" on the adoption of the report.

Mr. Harris of the 118th stated that he had been called from the floor of the House when the roll was called on the adoption of the report of the Committee of Conference on HB 281, but had he been present would have voted "aye".

The following Bill of the House was taken up for the purpose of considering the Senate's insistence in amending the same:

HB 1055. By Messrs. McCracken of the 49th, Wiggins of the 32nd, Maxwell of the 106th, Lambert of the 38th and Underwood of the 61st:
A Bill to be entitled an Act to amend Code Chapter 34-7, relating to election districts and polling places, so as to provide that no election district shall contain more than 2,000 electors if at the last general election all persons desiring to do so had not completed voting one hour following the closing of the poll; and for other purposes.

1866

JOURNAL OF THE HOUSE,

Mr. Wiggins of the 32nd moved that the House insist on its position in disagreeing to the Senate amendment and that a Committee of Conference be appointed on the part of the House to confer with a like Committee on the part of the Senate.

The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Messrs. McCracken of the 49th, Wiggins of the 32nd and Lambert of the 38th.
Under the general order of business established by the Committee on Rules, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time:

HB 1360. By Mr. Shanahan of the 8th:
A Bill to be entitled an Act to amend Code Chapter 56-24, so as to provide the circumstances under which certain policies may be cancelled; and for other purposes.

The following amendment was read and adopted:
The Committee on Insurance moves to amend House Bill No. 1360, as follows:
By striking from the title thereof the following:
"to provide a means whereby the insured may be given reasons for the failure of the insurance to renew certain policies;".
By striking from subsection (C) of Code Section 56-2430.1, which Code Section is quoted in Section 1 of said bill, the following:
"Unless the reason or reason for the failure to renew or con tinue the policy accompany or are included in the notice of intention not to renew, the notice shall state or be accompanied by a state ment that upon written request of the named insured, mailed or delivered not less than 10 days prior to the effective date of the expiration of the policy, the insurer will specify the reason or reasons for the failure to renew or continue the policy. The reason or reasons shall be mailed or delivered to the insured after receipt of such request."

MONDAY, FEBRUARY 26, 1968

1867

By inserting at the end of Code Section 56-2430.1, which Code Section is quoted in Section 1 of said bill, the following:

"(G) This Code Section shall not apply to any policy which has been in effect less than 60 days at the time notice of cancel lation is mailed or delivered by the insurer unless it is a renewal of a policy."

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, as amended, the ayes were 117, nays 0.

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

HR 620-1348. By Messrs. Nessmith of the 64th, Matthews of the 94th, Lowrey of the 13th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide that programs for the promotion of agri cultural products including provisions for quality and/or product control may be instituted, continued or terminated in accordance with the results of referendums conducted among the producers of the product or pro ducts affected and to provide that the General Assembly may delegate to instrumentalities, public corporations, authorities and commissions created by it the right to impose, raise, lower or repeal assessments, fees or other charges upon the sale or processing of affected products and to collect the same after approval by the producers of such products in a referendum; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section II, Paragraph I-A of the Constitution is here by amended by striking said Paragraph in its entirety and inserting in lieu thereof a new Paragraph I-A to read as follows:
"Paragraph I-A. Promotion of Agricultural and other products; Financing; Disposition of Funds.--Any other provision of this Constitution to the contrary notwithstanding, the General Assembly may provide for the promotion of the production, marketing, sale, use and utilization, processing and improvement of any one or all

1868

JOURNAL OF THE HOUSE,

of the agricultural products including, but not limited to, livestock and livestock products, poultry and poultry products, timber and timber products, fish and sea food and the products of the farms and forests of this State. The General Assembly may provide for the promotion of such products individually, collectively, or in any combination thereof. The General Assembly may provide that such a program including provisions for quality and/or product control may be instituted, continued or terminated by a specified vote of the producers of the product or products affected participating in a referendum submitting such proposal for their approval. The General Assembly may create instrumentalities, public corporations, authorities and commissions, to administer such programs and may provide a means of financing any such promotion by authorizing such bodies to impose, raise, lower or repeal assessments, fees or other charges upon the sale or processing of the affected products, and to collect the same, after approval by a specified vote of the producers of the affected product in a referendum and may au thorize the acceptance of gifts and donations, and may provide for the disposition of any funds arising under any such program with out the necessity of such funds being placed in the State Treasury or being appropriated by the General Assembly. The General As sembly may provide for the supervision of any such program by the Department of Agriculture. The uniformity requirement of this Constitution shall be satisfied by the application of the program upon the affected products."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945,
as amended.

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

"YES NO

( ) Shall the Constitution be amended so as to authorize the General Assembly to provide that programs for the promotion of agricultural products including provisions for quality and/or product control may be instituted, continued or terminated in accordance with the results of a referendum conducted among the producers of the product or products affected and
( ) to provide that the General Assembly may delegate to instrumentalities, public corporations, authorities and commissions created by it the right to impose, raise, lower or repeal assessments, fees or other charges upon the sale or processing of affected products and to collect the same after approval by the producers of such products in a referendum?"

All persons desiring to vote in favor of ratifying the proposed

MONDAY, FEBRUARY 26, 1968

1869

amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

An amendment, offered by Mr. Douglas of the 60th, was read and lost.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Battle Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Branch Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Conner Cook Cooper, J. R. Cox

Crowe, William Crowe, W. J. Dailey Daugherty Dean DeLong Dent Dickinson Dillon Dixon Dodson Dorminy Doster Douglas Fallin Floyd Funk
Gay Gaynor Gignilliat Giaves Gunter Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Hill

Holder Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Kaylor Knapp Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Longino Lovell Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey

1870
McCracken Melton Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Mullinax Nash Nessmith Newton Nimmer Odom Oglesby Otwell Pafford Palmer Parker, C. A. Parker, H. W. Parrish Peterson Phillips

JOURNAL OF THE HOUSE,

Pickard Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Savage Scarlett Shanahan Sherman Shilds Shuman Simmons Sims Smith, G. W. Smith, J. R. Smith, V. T. Smith, W. L. Snow

Stalnaker Starnes Steis Sullivan Sweat Thompson, R. Tucker Turner
Tye Underwood Vaughan, D. N. Vaughn, C. R. Ward Ware Wells Westlake Wbaley Wiggins Williams Wilson, R. W. Winkles Wood

Those voting in the negative were Messrs.:

Cato Davis

Dollar Gary

Jordan, G.

Those not voting were Messrs.:

Barfield Bennett Bo wen Brantley, H. H. Colwell Cooper, B. Edwards Egan Farmer Farrar Fleming Grahl

Grier Hadaway Hale Higginbotham Hood Howard Jordan, W. H. Kirksey Laite Lambert McDaniell Moreland

Murphy Northcutt Paris Poss Russell Thompson, A. W. Threadgill Townsend Walling Wamble Wilson, J. M. Mr. Speaker

On the adoption of the Resolution, the ayes were 164, nays 5.

The Resolution, having received the requisite frvo-thirds constitutional ma jority, was adopted.

HB 1189. By Mr. Funk of the 116th:
A Bill to be entitled an Act to ameid Code Section 34-1208, so as to require that the designating letter or number of the counter on vot-

MONDAY, FEBRUARY 26, 1968

1871

ing machines shall be printed on the opposite side of the ballot label upon which the names of candidates, groups of candidates, political parties or bodies, or questions are printed; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Anderson Ballard Barber Battle Berry, C. E. Berry, J. K. Black Blalock Bostick Bo wen Branch Brantley, H. L. Bray Brown, C. Buck Caldwell Games Gates Cato Chandler Cheeks Cole Collins, J. F. Colwell Conner Cooper, B. Crowe, William Crowe, W. J. Dailey Davis Dean Dent Dickinson Dillon Dixon Dollar Doster Douglas Edwards Fallin

Farrar Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Gunter Hall Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Henderson Hill Holder Howell Hutchinson Jenkins Johnson, A. S. Jones, M. Jordan, G. Kirksey Knapp Laite Lambert Land Lane, Dick Lane, W. J. Lee. W. J. (Bill) Lee, W. S. Leggett Leonard Lewis Lovell Lowrey Malone Mason

Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken Merritt Miller Mixon Moate Moore, Don C. Moreland Mullinax Murphy Nash Nessmith Newton Oglesby Otwell Pafford Palmer Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rush Russell Savage Scarlett Shgnahan Sherman Shields Shuman

1872
Simmons Sims Smith, J. R. Smith, V. T. Snow Starnes Steis Sullivan Sweat

JOURNAL OF THE HOUSE,

Thompson, R. Threadgill Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Wamble Ward

Ware Wells Westlake Whaley Wiggins Williams Wilson, R. W.

Those voting in the negative were Messrs.:

Alexander Barfield Bennett Bond

Brown B. D. Daugherty Grier Hood

Jones, C. M. Levitas Odom Turner

Those not voting were Messrs.:

Brantley, H. H. Busbee Clarke Collins, M. Cook Cooper, J. R.
Cox DeLong Dodson Dorminy Egan Farmer Fleming Hadaway Hale

Hamilton Harris, J. R. Higginbotham Howard Johnson, B. Joiner Jordan, W. H. Kaylor Lambros Longino Magoon Maxwell McDaniell Melton Moore, J. H.

Nimmer Northcutt Paris Parker, C. A. Rowland Smith, G. W. Smith, W. L. Stalnaker Thompson, A. W. Townsend Walling Wilson, J. M. Winkles Wood

On the passage of the Bill, the ayes were 148, nays 12.

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

SB 151. By Senators Coggin of the 35th and Bateman of the 27th: A Bill to be entitled an Act to amend the Georgia Election Code, as the same is codified in Title 34 of the Code of Georgia; and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act to amend the Code of Georgia of 1933, as amended, so as to insert following Title 34, relating to elections, a new

MONDAY, FEBRUARY 26, 1968

1873

Title to be designated as Title 34A; to prescribe procedures and require ments for the conduction of certain aspects of municipal election process es; to set forth the application of Title 34A and the Georgia Municipal Election Code; to define certain terms; to provide for the construction of the Code; to provide for the computation of time in certain cases; to pro vide that certain subversive persons shall not be nominated or elected; to provide that certain persons shall not be eligible for nomination or elec tion to municipal offices; to make provisions for municipal primary and election records; to provide for the preservation of said records; to pro vide that the State Election Board shall exercise certain powers and duties in relation to municipal primaries and elections; to set forth the powers and duties of the governing authorities of municipalities in rela tion to primaries and elections; to provide for the powers and duties of municipal election superintendents; to provide for poll officers; to pro vide for registration of municipal electors; to provide for municipal registrars; to provide for the changing of elector's lists; to provide for the preparation of elector's lists; to provide for the challenging of per sons listed on elector's lists; to provide that certain persons shall vote only if their names appear upon the elector's lists; to provide for election districts and polling places; to provide for the creation of new election districts; to provide how polling places may be selected; to provide for the equipment and arrangement of polling places; to provide for notice of municipal primaries, elections, special elections and bond elections; to make provisions relative to municipal political parties and bodies; to pro vide for the nomination of candidates; to provide for substituted nomina tions; to provide for qualification fees; to provide for the nomination of party candidates by primaries; to provide for the nomination of candi dates by petition; to provide for nonpartisan primaries; to make provi sion for ballots; to provide the form of the official primary ballot; to pro vide the form of the official nonpartisan ballot; to provide the form of the official election ballot; to make provisions relative to voting machines and vote recorders for use in municipal elections; to prescribe how pri maries and elections shall be conducted; to provide for the conduct of spe cial elections; to provide where electors shall vote; to provide for the preservation of elector's lists; to provide the procedure for conducting elections in districts using paper ballots; to provide for the counting of ballots; to provide the procedures for conducting elections in districts using voting machines; to provide the procedure for conducting elections in districts using vote recorders; to provide for absentee voting; to provide the procedures relative to the returns of primaries and elections; to provide that municipal charters shall govern the vote required for municipal runoff primaries and elections; to provide for automatic recounts; to provide for special elections; to provide the procedures for contesting primaries and elections; to provide for penalties; to repeal certain specific acts in conflict with the provisions of the Municipal Election Code; to provide the procedures connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other
purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:

Section 1. The Code of Georgia of 1933, as a mended, is hereby amended by inserting between Titles 34 and 35, relating to elections and eleemosynary institutions, respectively, a new title to be known as Title 34A and to read as follows:

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JOURNAL OF THE HOUSE,

"TITLE 34A. MUNICIPAL ELECTION CODE.

Chapter 34A-1. Preliminary Provisions.
Section 34A-101. Short Title.--This Title may be cited as the 'Georgia Municipal Election Code' and references to the term 'Code' are used within this Title shall be deemed to refer to the Georgia Municipal Election Code and Title 34A of the Code of Georgia of 1933.

Section 34A-102. Application of Code.--This Code shall apply to any general or special election in every municipal corporation of this State to fill any municipal office, and to any general or special municipal primary, if any, to nominate candidates for any such office, to any election to submit a question to the people, and to any other municipal election or primary for any purpose whatsoever. Except as specifically provided in this Code, its provisions shall take precedence over municipal charter provisions which are in conflict herewith.
Section 34A-103. Definitions.--The following words, when used in this Code, shall have the following meanings, unless otherwise clearly apparent from the context:
(a) The word 'ballot' shall mean an official ballot;

(b) The words 'ballot card' shall mean the tabulating or punch card upon which an elector records his vote by the use of a vote recorder;

(c) The words 'ballot labels' shall mean the cards, paper or other material placed on the front of a voting machine or vote re corder containing the names of offices and candidates and state ments of questions to be voted on;

(d) The word 'custodian' shall mean the person charged with the duty of testing and preparing the voting machine or vote re corder for the primary or election and instructing the poll officers
in the use of same;

(e) The word 'election' shall mean any general or special munici pal election and shall not include a municipal primary;

(f) The words 'election district' or 'precinct' shall mean a dis trict, established in accordance with the provisions of this Code, within which all electors vote at one polling place;

(g) The word 'elector' shall mean any person who shall possess all of the qualifications for voting now or hereafter prescribed by the laws of this State including applicable charter provisions and who shall have registered in accordance with the provisions of this
Code;

MONDAY, FEBRUARY 26, 1968

1875

(h) The words 'general election' shall mean an election recur ring at stated intervals fixed by the respective municipal charters for the purpose of electing municipal officials;

(i) The word 'independent' shall mean a person unaffiliated with any political party or body;

(j) The word 'managers' shall mean the chief manager and the assistant managers required to conduct municipal primaries and elections in any election district or precinct in accordance with the provisions of this Code;

(k) The word 'municipality' shall mean an incorporated munici pality;

(1) The word 'nomination' shall mean the selection, in accords ance with the provisions of this Code, of a candidate for municipal office authorized to be voted for at a municipal election;

(m) The word 'oath' shall include affirmation and the word 'swear' shall include affirm;

(n) The words 'official ballot' shall be deemed to include the list of offices and candidates, and the statements of questions on the voting machine or vote recorder;

(o) The words 'paper ballot' shall not include a ballot card;

(p) The words 'party nomination' shall mean the selection by a political party, in accordance with the provisions of this Code, of a candidate for a municipal office authorized to be voted for at a municipal election;

(q) The words 'political body' or 'body' shall mean any political organization other than a political party;

(r) The words 'political organization' shall mean an affiliation of electors organized for the purpose of influencing or controlling the policies and conduct of government through the nomination of candidates for public office and, if possible, the election of its can didates to public office; except that the words 'political organiza tion' shall not include 'subversive organization' as defined in the Sedition and Subversive Activities Act of 1953, approved February 25, 1953 (Ga. Laws, 1953, Jan.-Feb. Sess., p. 216), as amended by an Act, approved December 12, 1953 (Ga. Laws, 1953, Nov.-Dec. Sess., p. 73), or as the said Act may hereafter be amended;

(s) The words 'political party' or 'party' shall mean any politi cal organization which at the preceding (i) gubernatorial election nominated a candidate for Governor, and whose candidate for Gov ernor at such election polled at least twenty per cent of the total vote cast in the State for Governor, or (ii) presidential election nominated a candidate for President of the United States, and whose

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candidates for presidential electors at such election polled at least twenty per cent of the total vote cast in the Nation for that office;

(t) The words 'poll officers' shall mean the chief manager, assistant managers and clerks required to conduct municipal pri maries and elections in any election district or precinct in accord ance with the provisions of this Code;

(u) The words 'polling place' shall mean the room provided in each election district or precinct for voting at a municipal primary or election;

(v) The word 'primary' shall mean any election held for the purpose of electing party officers or nominating candidates for municipal offices to be voted for at a municipal election;

(w) The words 'municipal office' shall include every municipal office to which persons can be elected by a vote of the electors under the laws of this State and the respective municipal charters;

(x) The word 'question' shall mean a brief statement of such charter amendment or other proposition as shall be submitted to a popular vote at any municipal election;

(y) The word 'residence' shall mean domicile;

(z) Th words 'special election' shall mean a municipal election that arises from some exigency or special need outside the usual routine; and the words 'special primary' shall mean a municipal primary that arises from some exigency or special need outside the usual routine;

(aa) The word 'superintendent' shall mean (i) the municipal executive committee of the political party holding the primary with in a municipality (or its agent), or if none, the county executive committee of the political party (or its agent), in the case of a primary, and (ii) the person appointed by the governing authority pursuant to authority granted in Section 34B-201 (c) of this Act in the case of a municipal election;

(ab) The words 'tabulating machine' shall mean any data processing machine used in counting ballot cards and tabulating votes thereon;

(ac) The words 'vote recorder' shall mean a device into which a ballot card may be inserted so that an elector may record his vote for any candidate and for or against any question by punching or marking the ballot card;

(ad) The words 'voting machine' shall not include a vote re corder or tabulating machine;

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(ae) The words 'write-in ballot' shall mean the paper or other material on which a vote is cast for persons whose names do not appear on the ballot labels;

(af) The words 'governing authority' shall mean the governing authority of a municipality; and

(ag) The words 'registration officers', when used in this Code, shall mean, unless otherwise clearly apparent from the context, one or more municipal registrars or one or more deputy municipal regis trars or any combination thereof, as may be determined by the governing authority; and

(ah) The word 'registrar' shall mean, unless otherwise clearly apparent from the context, the municipal registrar.

Section 34A-104. Construction.--The provisions of this Code, so far as they are the same as those of existing laws, are intended as a continuation of such laws, and not as new enactments. The pro visions of this Code shall repeal any existing provision or provisions of any municipal act in conflict hereto. The repeal by this Code of any act of the General Assembly or any municipal corporation, or any part thereof, shall not revive any act, or part thereof, heretofore repealed or superseded. The provisions of this Code shall not affect any act done, liability or penalty incurred, right accrued or vested, or nomination made prior to the taking effect of this Code, nor shall they affect any suit or prosecution then pending or to be instituted to enforce any right or penalty then accrued or to punish any offense theretofore committed.

Section 34A-105. Computation of time in certain cases.--When a number of days is prescribed in this Code as a deadline for the exercise of any privilege or the discharge of any duty and such num ber of days is modified by the words 'at least', then the full number of such days shall intervene between the last day on which such privilege may be exercised or duty discharged and the subsequent event; and if the last day shall fall on a Sunday or a legal holiday, then the next preceding business day shall be considered as the last day for the exercise of such privilege or the discharge of such duty.

Section 34A-106. Subversive person not to be nominated or elected.--No person shall be nominated or elected in accordance with the provisions of this Code who has been adjudged a 'subversive person' as defined in the Sedition and Subversive Activities Act of 1953, approved February 25, 1953 (Ga. Laws, 1953, Jan.-Feb. Sess., p. 216), as amended by an Act, approved December 12, 1953 (Ga. Laws, 1953, Nov.-Dec. Sess., p. 73), or as the said Act may hereafter be amended.

Section 34A-107. Person convicted of certain crimes not to be eligible for nomination or election to municipal office or serve as municipal primary or election official.--No person shall be eligible for party nomination for or election to municipal office or shall per form any of the official acts or duties set forth in this Code in con-

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nection with any election or primary held under the provisions hereof as a superintendent, registrar, deputy registrar, poll officer or party officer, who has been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, felony or crime involving moral turpitude, under the laws of this State, or any other State or of the United States, unless on appeal such conviction shall have been set aside or unless such person shall have been pardoned.

Section 34A-108. Right of electors to inspect and copy municipal primary and election records.--Except when otherwise provided by law or court order, the primary and election records of each govern ing authority, superintendent, registrar and committee of a political party or body, including registration statements, nomination peti tions, affidavits, certificates, tally papers, returns, accounts, con tracts, reports and other documents in custody, shall be open to public inspection and may be inspected and copied by any elector during usual business hours at any time when they are not neces sarily being used by the custodian, or his employees having duties to perform in reference thereto; provided, however, that such public inspection thereof shall only be in the presence of the custodian, or his employee, and shall be subject to proper regulations for the safekeeping of such documents.

Section 34A-109. Preservation of records.--Each primary or election document on file in the office of a governing authority, superintendent, registrar, committee of a political party or body, or other officer, shall be preserved therein for a period of one year and then the same may be destroyed.

Section S4A-110. Powers and duties of State Election Board.-- The State Election Board shall exercise the same powers and duties over municipal primaries and elections as over general primaries and elections as set forth in Chapter 34-2 of the Georgia Election Code (1964), or as it may hereinafter be amended.

Chapter 34A-2. Governing Authority.

Section 34A-201. Powers and duties of Governing Authority.-- The Governing Authority shall exercise all the powers granted it by this Code, and shall perform all the duties imposed upon it by this Code, which shall include the following:

(a) To budget and appropriate annually, and from time to time, the funds that it shall deem necessary for the conduct of elections in such municipality and for the performance of other duties under this Code, including the payment: of the compensation of the super intendent, the registrars, the poll officers, custodians and other
assistants and employees herein provided for; for the purchase or printing of all ballots and other election supplies required by this Code; for the maintenance of voting machines, vote recorders and of all other election equipment required by this Code; and for all other expenses arising out of the performance of election duties under this Code.

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(b) To provide, if required by charter or ordinance, by pur chase or rental, the necessary number of voting machines, tabulating machines and vote recorders;

(c) To select the superintendent, registrars, deputy registrars, poll officials and other employees as provided herein;

(d) To designate the polling places for all primaries and elections;

(e) To designate voting districts or precincts for primaries and elections and to alter said districts or precincts as necessary;

(f) To make and issue such rules, regulations and instructions, consistent with law (including the rules and regulations promul gated by the State Election Board), as it may deem necessary for the guidance of the superintendent, registrars, poll officers, cus todians and electors in elections; such rules and regulations to be adopted by ordinance and a copy filed with the city clerk promptly after enactment or revision.

(g) To furnish the proper election officials all blank forms, including tally and return sheets, for use in all municipal elections, and such forms shall have printed thereon appropriate instructions for their use;

(h) To furnish upon request a certified copy of any document in its custody by virtue of the provisions of this Code and to fix, and charge a fee to cover the cost of furnishing same;

(i) To exercise supervisory control over superintendents and election poll officers in the performance of their duties under the provisions of this Code;

(j) To prepare and publish, in the manner provided by this Code, all notices and advertisements in connection with the conduct of elections, which may be required by law;

(k) To receive registration statements from political parties and bodies and to determine their sufficiency prior to filing in accordance with the provisions of this Code and to settle any dis putes concerning such statements; and

(1) To perform such other duties as may be prescribed by law.

Chapter 34A-3. Municipal Superintendents.

Section 34A-301. Powers and duties of Municipal Superintend ents.--Each municipal superintendent, within his municipality shall exercise all the powers granted to him by this Code and by the governing authority pursuant to this Code, which shall include the following:

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(a) To instruct poll officers and other in their duties, calling them together in meeting whenever deemed advisable, and to inspect systematically and thoroughly the conduct of elections in the elec tion districts or precincts of his municipality to the end that elections may be honestly, efficiently and uniformly conducted;

(b) To receive from poll officers the returns of all elections, to canvass and compute the same, and to certify as soon as practicable following the election the results thereof to such authorities as may be prescribed by law;
(c) To publicly announce by posting in his office the results of all elections held in his municipality;
(d) To equip polling places for use in primaries and elections in accordance with the provisions of this Code; and
(e) To determine the forms of nomination petitions, ballots and other forms it is required to determine under the provisions of this Code;
(f) To receive and determine the sufficiency of nomination petitions of candidates filing notice of their candidacy in accordance with the provisions of this Code; and
(g) To conduct all elections in such manner as to guarantee the secrecy of the ballot, and to perform such other duties as may be prescribed by law.
Section 34A-302. Municipal elections.--The municipal super intendent shall conduct, in accordance with the provisions of this Code, all municipal elections held within his municipality. The municipal superintendent shall be a person or committee selected in the manner prescribed by the governing authority of the municipal ity. The compensation of the municipal superintendent shall be fixed and paid by the governing authority of the municipality from municipal funds.
Chapter 34A-4. Poll Officers.
Section 34A-401. Managers.--All primaries and elections shall be conducted in each election district or precinct by a chief manager and assistant managers, assisted by clerks as hereinafter provided. The managers of each election district or precinct shall be appointed by the governing authority for each primary and election, and by the superintendent for each primary.

Section 34A-402. Clerks.--Prior to the opening of the polls in each district at each election, the governing authority shall appoint a sufficient number of clerks to serve therein at such election. In a primary, the superintendent shall appoint such clerks.

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Section 34A-403. Qualifications of poll officers.--Poll officers shall be judicious, intelligent and upright electors of the municipal ity in which they are appointed and shall be able to read, write and speak the English language. No poll officer shall be eligible to any nomination or public office to be voted for at a primary or election at which he shall serve.

Section 34A-404. Poll officers to be sworn.--All managers and clerks shall, before entering upon their duties at any primary or election, be duly sworn in the presence of each other.

Section 34A-405. Power of managers to administer oaths.-- Each of the managers shall have the power to administer oaths to any person claiming the right to vote or in any matter or thing required to be done or inquired into by them under this Code.
Section 34A-406. Compensation of poll officers.--The com pensation of managers and clerks serving in elections shall be fixed and paid by the governing authority. Compensation for such poll officers serving in a primary shall be fixed and paid by the super intendent.
Section 34A-407. Instruction of poll officers in voting machine and and vote recorder districts; unqualified officers not to serve.-- In districts or precincts in which voting machines or vote recorders are to be used, the superintendent, or qualified poll officer, shall instruct in the use of the voting machines or vote recorders, and in their duties in connection therewith, all poll officers who are to serve at the primary or election, and who have not been previ ously instructed and found qualified. The superintendent shall give to each poll officer, who has received such instruction and is found qualified to conduct such primary or election with the voting ma chine or vote recorder, a certificate to that effect. No poll officer shall serve at any primary or election at which a voting machine or vote recorder is used, unless he shall have received a certificate of qualification. This shall not prevent the appointment of a poll officer to fill a vacancy arising on the day of a primary or election or on the preceding day.

Section 34A-408. Identification badges for poll officers.-- Each poll officer, while in the performance of his duty, shall dis play conspicuously upon his person a badge showing his name and office, and such badge shall be supplied by the superintendent.

Chapter 34A-5. Registration of Electors.
Section 34A-501. Elector's qualifications; electors not required to re-register.-- (a) No person shall vote in any primary or elec tion unless he shall be: (i) registered as an elector in the manner prescribed by law; (ii) a citizen of this State and of the United States, (iii) at least eighteen years of age; (iv) a resident of this State at least one year next preceding the date of such primary or election, and of the county in which he seeks to vote at least six months Jiext preceding the date of such primary or election, and of

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the municipality in which he seeks to vote at least ninety days next preceding the date of such primary or election, notwithstanding any provision of any municipal charter to the contrary; and (v) possessed of all other qualifications prescribed by law. Notwith standing any other provision of this Chapter, any person who was qualified and registered to vote at the time of the adoption of this Code shall not be required to re-register under the terms of this Chapter unless such person shall have become or becomes disquali fied to vote by reason of having been purged from the list of elec tors or for any other reason whatsoever, in which event, such per son shall, in order to become registered to vote, re-register under the terms of this Chapter.

(b) The governing authority of any municipality may elect either to maintain its own registration or to provide for the regis tration of electors by resolution, or other appropriate measure, stating that any person who is a resident of the municipality and who is registered as an elector with the board of registrars of the county and meets the municipal residency requirement, shall be eligible to vote in a primary or election. If the municipality elects
to maintain its own registration list and does not require prior registration with the county as a prerequisite to municipal regis tration, then the municipality shall use the form of the registration card and the questions to be propounded to an applicant as pre scribed in Section 34-609 of the 'Georgia Election Code'. The quali fications of a person seeking to vote in a municipal primary or
election shall be determined by the provisions of this Code and of the State Constitution.

Section 34A-502. Registrars; designation; terms of office; compensation; duties of chief registrars; deputy registrars.-- (a) The governing authority shall appoint registrars as necessary and the appointments shall be entered on the minutes of the governing authority. The governing authority shall designate one of the regis trars as chief registrar. The chief registrar will serve as such dur ing his term of office and such designation shall likewise be entered on the minutes of the government authority. Such registrars shall serve at the pleasure of the governing authority, and compensation of the registrars shall be fixed by the governing authority. Any registrar shall have the right to resign at any time by submitting a resignation to the governing authority. In the event of such removal or resignation of any registrar, his duties and authority as such shall terminate instanter. Successors shall be appointed by the governing authority. Each appointment or change in desig nation shall be entered on the minutes of the governing authority
and certified as herein provided. The first appointments in any
such municipality under the provisions of this Chapter shall be
made in the year 1968 and the persons appointed shall assume
office January 1, 1969. The persons presently serving as registrars
in any such municipality shall continue to serve through the term
of their current appointment and until their successors are ap
pointed and qualified. The governing authority may furnish such
employees and facilities as they deem necessary for the operation
of the office and the affairs of the registrars.

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1883

(b) The chief registrar shall serve as the chief administrative officer of the board of registrars and shall generally supervise and direct the administration of the affairs of the board of regis trars.
(c) The governing authority may appoint deputy registrars and hire clerical help to aid the registrars in the performance of their duties as necessary. The terms of office and compensation shall be fixed by the governing authority. Compensation shall be provided from municipal funds.

Section 34A-503. Qualifications of registrars and deputy regis trars.--Registrars and deputy registrars shall be judicious, intelli gent and upright electors of the municipality in which they are appointed and shall be able to read, write and speak the English language.
Section 34A-504. Oath of registration officers.--Before enter ing upon his duties, each registrar and deputy registrar shall be sworn in by some officer authorized to administer oaths under the laws of this State.

Section 34A-505. Registration cards; form; supply; use.--The form of municipal registration shall be specified by the governing authority, except that if a municipality does not require as a con dition for municipal registration the electors' prior registration with the county, the form of the registration cards must comply with the provisions of Section 34-609 of the Georgia Election Code.

Section 34A-506. Keeping of registration cards and other pa pers; voter registration places; office hours.-- (a) In those munici palities electing to use the county registration system, the county registrar shall carry out the functions necessary for municipal registration and shall maintain all registration cards, and his office shall be deemed the main registration office.

(b) In those municipalities electing to maintain their own registration system, the registrars shall keep the completed regis tration cards and their other papers in the main office of the munici pal registrars which shall be in the city hall or other public build ing. If no such office exists, the registrars shall keep the completed registration cards and their other papers in the office of the city clerk, and such office shall be deemed the main office of the board of registrars. For the purpose of taking applications for registra tion and for the purpose of registering electors, such number of registrars or deputy registrars as shall be designated by the chief registrar shall be stationed at such main office where the completed registration cards are kept at such times as the office is open dur ing regular office hours. The governing authority in addition to the main office, may designate other places in the municipality to be used for the purpose of receiving applications for registration and for the registration of electors.

(c) The main office of the board of registrars in each munici pality shall remain open for business during regular office hours

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on each business day. The board of registrars may enlarge such minimum office hours and may open the offices at any time in order to suit the convenience of the public.

Section 34A-507. Applications for registration; registration deadline.-- (a) Registration for municipalities electing to use coun ty registration lists shall be as follows:

(i) The county registrar shall cease taking applications for registration from persons desiring to vote in municipal primaries
or elections thirty (30) days prior to such primary or election.

(ii) The county registrar shall cease taking applications for registration from persons desiring to vote in a special primary or election on the close of the registrars' business on the fifth day after the call of such special primary or election.

(iii) The municipal registrar shall, upon receipt of the county registration list, or as soon as practicable thereafter but in no event later than three (3) days prior to such primary or election, purge such list of the names of all persons who will not be qualified to vote at such primary or election. The registrar shall certify the list and file a copy with the city clerk showing the names of elec tors entitled to vote at such primary or election. Any person whose name appears upon such list may vote at such primary or election subject to the limitations prescribed in the proviso contained in the first sentence of Section 34A-517.

(b) Registration for municipalities maintaining their own registration lists shall be as follows:

(i) If any person whose name is not on the municipal regis tration list desires to vote at any primary or election, he shall at
least fifteen (15) days prior to the primary or election at which he desires to vote, or at such other time as designated by charter or ordinance, apply to be registered as an elector. The registrars shall, at least fifteen (15) days but not more than fifty (50) days prior to such primary or election, cease taking applications to qualify persons to vote in such primary or election.

(ii) Any person who has registered for a general municipal primary or election, if otherwise qualified to vote at any special primary or election occurring before the next general election shall be listed and entitled to vote at such special primary or election. At the close of the registrars' business on the fifth day (if a Sunday or a legal holiday, then on the the next following business day) after the call of such special primary or election, the regis trars shall cease taking applications from persons desiring to register to vote therein.

(iii) The registrar shall, no later than three (3) days prior to such primary or election, pass upon the electors' qualifications and file with the city clerk a certified list showing the names of those electors entitled to vote at such primary or election. Any person

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1885

whose name appears upon such list may vote at such primary or election, subject to the limitations prescribed in the proviso con tained in the first sentence of Section 34A-517. The registrars shall purge such list before filing it of the names of all persons who will not be qualified to vote at such primary or election.

Section 34A-508. Administration and attestation of oath re quired on application for registration.--On completion of the appli cation form the officer shall administer the oath to the applicant and then have him sign it (either by signature or mark), and the officer shall then attest it.

Section 34A-509. Failure of applicant to give information or giving of false information.--The failure on the part of the appli cant to disclose information sought by a direct question of the registration officers in connection with the taking of the applica tion or at subsequent proceedings, or the giving of false informa tion, shall result in the application being rejected by the registra tion officers, and shall also be a cause for challenge, which, if sus tained, shall result in the elector's name being removed from the list.

Section 34A-510. Appeals from decisions denying or allowing registrations.--Any person to whom the right of registration is denied by the registration officers shall have the right to take an appeal to the superior court of the county, and any elector may enter an appeal to such court from the decision of the registration officers allowing any person to register. All appeals must be filed in writing with the chief registrar within ten (10) days from the date of the decision complained of, and shall be returned by the chief registrar to the office of the clerk of such court to be tried, de novo, as are appeals from the Court of Ordinary. Pending an appeal and until the final judgment of the case, the decision of the registration officer shall remain in full force.

Section 34A-511. Storage and destruction of records of rejected applicants.--In the event an applicant is refused registration by the registration officers, the application of such person and other material and records relative thereto shall be placed on file with the other registration records of the board of registrars for at least one year from the date of refusal.

Section 34A-512. Qualification tests to be applied by registra tion officers.--Registrars of municipalities that elect to maintain their own registration lists and do not require prior registration with the county as a requirement for municipal registration shall use the qualification test set forth in Sections 34-617 and 34-618 of the Georgia Election Code (1964) for registration of voters.

Section 34-513. Absentee registration.--Municipalities that elect to maintain their own registration lists and do not require prior registration with the county as a requirement for municipal registration shall require that the applicant for municipal regis tration apply in person before the registrar.

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Section 34A-514. Permanency of registration; re-registration. --Municipalities that elect to maintain their own registration lists and do not require prior registration with the county as a require ment for municipal registration shall require the following:

(a) The electors who have qualified shall not thereafter be required to register or further qualify, except as provided by law. No person shall remain a qualified voter who does not vote in at least one general or special election or primary in a three-year period, unless he shall specifically request continuation of his registration as specified in Section 34A-515(b) of this Code.

(b) Any elector whose registration has been thus cancelled may re-register in the manner provided for original registration in this Code. No person shall remain an elector longer than he shall retain the qualifications under which he is registered.

Section 34A-515. Purging of electors list.-- (a) The registrar in municipalities maintaining their own registration system shall purge the list of electors as follows:

(i) At least every two years the registrar shall examine the list of electors and remove therefrom any electors that have not voted in at least one general or special election or primary in the preceding three years or have not specifically requested a continua tion of their registration.

(ii) At least sixty (60) days before any general election ob tain each month from the clerk of the superior court of the county a list of persons residing in the county who appear to be disquali fied from voting by reason of having been convicted of a crime since the last general election, the penalty of which is disfranchisement unless such person has been pardoned and the right of sufferage restored to him. Any of these persons on the municipal electors list shall be removed.

(iii) At least sixty (60) days before any general election obtain each month from the ordinary of the county a list of all persons residing in the county who appear to be disqualified from voting by reason of an adjudication of idiocy or insanity since the last gen eral election. Any of these persons on the municipal electors list shall be removed.

(iv) At least sixty (60) days before any general election ob tain from the local registrar of vital statistics of each county a list of those persons who have died since the last general election. Any of these persons listed on the municipal electors list shall be re moved.

(b) Voters disqualified by reason of (a) (i) above shall be given notice by first class mail within ten (10) days after removal of their name and shall be given twenty (20) days from removal date to request a continuance of their registration. The registrar shall remove those who do not so apply within the time allotted.

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Section 34A-516. Preparation of electors list.-- (a) The regis trars in municipalities electing to maintain their own registration lists shall prepare for use in all primaries and elections true and correct lists of the electors of their municipality, placing thereon only those persons found to be qualified to vote.

(b) If the municipality elects to use the county registration list, the county board of registrars shall deliver upon a basis mutually agreed upon between the governing authority of the county and of the municipality a copy of the electors list to be used in each pri mary or election to the designee of the governing authority of the municipality. Such list shall be delivered at least fourteen (14) days prior to each primary or election for the purpose of permitting the designee to check the accuracy of the list and to challenge the disqualified.

Section 34A-517. Filing of certified lists with superior court clerk; arrangement of names; appearance of name on list as a prerequisite to voting.--At least three (3) days prior to the pri mary or election, the registrar shall file a certified copy of a list containing the names of all the electors fund to be qualified with the city clerk of the municipality. The list shall be alphabetically arranged by election districts or precincts and it shall be the list of electors for the municipal election to be held in such year. No person whose name does not appear on such list shall vote at such municipal election except as hereinafter provided.

Section 34A-518. Right of electors named on list to vote; con solidation of lists.--Each elector whose name appears on such list, and who is not found to be disqualified subsequent to the filing of such list, shall be entitled to vote in any primary or election held during the period subsequent to the filing of such list and before the filing of the next such list; provided, however, that an elector, voting in the primary or primaries held by a single party for the nomination of candidates to seek municipal offices to be filled in an election, shall not vote in a primary held by any other party for the nomination of candidates to seek municipal offices to be filled in the same such election. It shall be the duty of the regis trars to consolidate such list and any such supplemental list for any such primary or election and to make certain that no person is listed more than once.

Section 34A-519. Right of registrars to re-examine qualifica tions of electors listed; subpoenaing of documents and witnesses; notice of hearing to elector whose right to remain on list is ques tioned.-- (a) The board of registrars of each municipality shall have the right and shall be charged with the duty of examining from time to time the qualifications of each elector whose name is entered upon the list of electors, and shall not be limited or estopped by any action previously taken.

(b) For the purpose of determining the qualification or dis qualification of applicants and electors, the registrars may, upon at least five (5) days' notice, require the production of books, papers and other material, and upon like notice may subpoena wit-

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nesses. The registrars may swear any witness appearing before them.
(c) If the right of any person to remain on the list of electors, whose name appears thereon, is questioned by the registrars, they shall give such person written notice of the time and place of a hearing to determine such right which shall be sent by first class mail to the person's last known address.

Section 34A-520. Challenge of listed persons by other electors; proceedings upon challenge.--Any elector of the municipality shall be allowed to challenge the right of registration of any person whose name appears upon the electors list. The governing authority shall by ordinance provide for the procedure for deciding such chal lenges.
Section 34A-521. Voting only from lists.--All persons whose names appear on the list of electors placed in the possession of the managers in each election district or precinct, and no others, shall be allowed to deposit their ballots according to law, at the election district or precinct, but not elsewhere, except as hereinafter pro vided in this Code.

Section 34A-522. Change of residence of elector.--In the event any elector moves to a residence within the municipality, which has a different address from the address contained on such person's registration card, it shall be his duty to notify the board of regis trars of such fact, and the board shall place such person's name on the proper list of electors. If the board, of its own knowledge, knows of such move, it may make the proper changes.

Section 34A-523. Rules for determining residence.--In deter mining the residence of a person desiring to register to vote, the rules as set forth in Section 34-632 of the 'Georgia Election Code' shall be followed.

Section 34A-524. Lists and registration cards open to public inspection; hearings and performance of all duties by registrars to be public.--The lists of electors and registration cards shall be open at all times to the reasonable inspection of any citizen of the municipality, but shall not be removed for such inspection from the custody of the officer in charge. All the duties herein required of the registrars and all hearing of evidence upon the qualifica tions of electors shall be discharged in public.

Chapter 34A-6. Election Districts or Precincts and Polling Places.

A. Election Districts or Precincts.

Section 34A-601. Election districts or precincts.--Each munici pal voting precinct now existing shall constitute a separate election district, unless divided into two or more, or consolidated into one or more, election districts, as hereinafter provided. Insofar as practicable the districts shall be the same as those for county and state elections.

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Section 34A-602. Creation of new election districts.--Subject to the provisions of Section 34A-601, the governing authority of the municipality in which the same are located, may divide or redivide any election district into two or more election districts of compact and contiguous territory, or alter the bounds of any elec tion district, or form an election district out of two or more adjoin ing districts or parts of districts, or consolidate adjoining election districts, so as to suit the convenience of the electors and to pro mote the public interests. The bounds of an election district shall not be altered on a day in which a primary or election is held, or during the period of sixty (60) days prior to any general primary or election, or during the period of thirty (30) days prior to any special primary or election. The governing authority shall promptly notify the board of registrars of any change in the bounds of elec tion districts.

Section 34A-603. Cost of proceedings.--In all cases of the di vision, redivision, alteration, formation or consolidation of elec tion districts, the costs of the proceedings shall be paid by the governing authority.

B. Polling Places.
Section 34A-604. Polling places to be selected by governing authority.-- (a) The governing authority shall select and fix the polling place within each election district. Insofar as practicable the same polling places shall be used as are used in county and state elections. Except in case of an emergency or unavoidable event occurring within ten (10) days of a primary or election, which renders any polling place unavailable for use at such primary or election, the governing authority shall not change any polling place until at least ten days after notice of the proposed change shall have been posted on the existing polling place and at three other places in the immediate vicinity thereof.
Section 34A-605. Public buildings to be used where practicable; portable polling places.-- (a) In selecting polling places, the govern ing authority shall, wherever practicable, select schoolhouses, mu nicipal buildings or rooms, or other public buildings for that pur pose. School, county, municipal or other governmental authorities shall, upon request of the municipal governing authority, make arrangements for the use of their property for polling places; pro vided, however, that such use shall not substantially interfere with the use of such property for the purpose for which it is primarily intended.

(b) The governing authority in its discretion, may procure and provide portable or movable polling facilities of adequate size for any election district.

Section 34A-606. Equipment and arrangement of polling places; guard rail; number of voting compartments or voting machines.-- (a) The governing authority shall provide and the superintendent shall cause all rooms used as polling places to be suitably pro-

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vided with heat and light, and, in districts in which ballots are used, with a sufficient number of voting compartments or booths with proper supplies, in which electors may conveniently mark their ballots, with a curtain, screen or door in the upper part of the front of each compartment or booth so that in the marking there of they may be screened from the observation of others. When practicable, every polling place shall consist of a single room, every part of which is within the unobstructed view of those present therein, and shall be furnished with a guard rail or barrier enclos ing the inner portion of such room, which guard rail or barrier shall be so constructed and placed that only such persons as are inside such rail or barrier can approach within six feet of the bal lot box and voting compartments, or booths, or voting machines, as the case may be. The ballot box and voting compartments or booths shall be so arranged in the voting room within the enclosed space as to be in full view of those persons in the room outside the said guard rail or barrier. The voting machine or machines shall be so placed in the voting rooms within the enclosed space that, unless its construction shall otherwise require, the ballot labels on the machine can be plainly seen by the poll officers when the machine is not occupied by an elector.

Section 34A-607. Compensation for rent, heat and light.--The governing authority shall fix the compensation for rent, heat, light and janitorial services to be paid for the use of polling places for primaries and elections; provided, however, that no compensation for rent, heat or light shall be paid in the case of schoolhouses, municipal buildings or rooms, or other public buildings used as polling places.

Chapter 34A-7. Dates of Primaries and Elections.

Section 34A-701. Municipal primary; notice.--Whenever any political party shall hold a municipal primary to nominate candi dates for offices to be filled in the ensuing municipal election, the same shall be held at least four (4) weeks prior to the general municipal election. Notice of such primary shall be publicly issued by the municipal or other appropriate party executive committee at least twenty (20) days prior to such primary.

Section 34A-702. Municipal election; notice.--The date of the municipal election shall be specified by the charter of the munici pality or by municipal ordinance. Public notice of such election shall be published by the governing authority in a newspaper ol general circulation in the municipality at least thirty (30) days prior to the election.

Section 34A-703. Special primary; notice.--Whenever any po litical party shall hold a special primary to nominate candidates for offices to be filled in the ensuing special election, the same shall be held two weeks prior to the special election. Notice of such primary shall be publicly issued by the municipal or other appro priate party executive committee at least fifteen (15) days prior to such special primary.

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Section 34A-704. Special election; notice.--The date of a spe cial election shall be no earlier than thirty (30) days and no later than sixty (60) days after the call of such special election, such call to be published promptly in a newspaper of general circulation in the municipality.

Section 34A-705. Bond election.-- (a) The date of municipal bond election shall be specified by the governing authority of the municipality. Such date shall not be less than thirty (30) days after call of such bond election.

(b) The governing authority of a county, municipality or po litical division desiring to incur bonded debt in accordance with the provisions of the State Constitution shall call a special election to be held on a certain day for the purpose of submitting to the electorate the question of whether such bonded debt shall be in curred. The governing authority shall publish notice of such elec tion once a week for a period of four weeks immediately preceding the day of the election in a newspaper which publishes the sheriff's advertisements for the county containing all or the largest part of the area of the county, municipality or political division in volved. Such notice shall specify: (i) the date of the election and the question to be submitted to the electorate; and (ii) the princi pal amount of bonds to be issued, the purpose for which such bonds are to be issued, the interest rate or rates such bonds are to bear and the amount of principal to be paid in each year during the life of such bonds; provided, however, that the governing authority, in lieu of specifying the rate or rates of interest which such bonds are to bear, may specify in the notice that such bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest as stated in the notice or that, in the event such bonds are to bear different rates of interest for different maturity dates, that none of such rates will exceed the maximum rates stated in the notice. Nothing contained in this Section shall pro hibit the issuer from selling such bonds at a discount, even if in so doing the effective interest cost resulting therefrom would ex ceed the maximum per annum interest rate specified in the notice of the election.

Chapter 34A-8. Political Parties and Bodies.

Section 34A-801. Registration of municipal executive commit tees with the city clerk.-- (a) The chief executive officer of each municipal political executive committee already having filed with the Secretary of State as a political party or body shall, within sixty (60) days after the effective date of this Code, file with the city clerk of the municipality a registration statement setting forth:
(i) Its name and certified copies of its charter, bylaws, rules and regulations, and other documents of like dignity governing its organization and operation;

(ii) The address of its principal office;

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(iii) The names of its members, home addresses and titles of the persons composing its governing committee and executive of ficers.

(b) Within thirty (30) days after the occurrence of a change in the information contained in any registration statement, or prior amendment thereto, the chief executive officer of the party or body filing such statement shall file an amendment thereto set ting forth the information necessary to maintain the currency of such statement.

(c) A political party or body failing to file a registration statement as required by Subsection (a) above shall not have its name or the names of its candidates placed on any nomination petition, ballot or ballot label.

Section 34A-802. Committees of political parties; authority to adopt rules and regulations.--Whenever a municipal executive com mittee of a political party is established, such committee shall formu late, adopt and promulgate rules and regulations, consistent with law and the rules and regulations of the State Election Board and the State executive committee, governing the conduct of primaries, conventions and other party affairs within the municipality. No such rule and regulation shall be effective until copies thereof, certified by the chairman, have been filed with the city clerk of the municipality.

Section 34A-803. Supersedure power of State executive com mittee.--The State executive committee shall have the same power over municipal party executive committees as it has over county party executive committees as set forth in Chapter 34-9 of the Georgia Election Code.

Chapter 34A-9. Nomination of Candidates.

A. In General.

Section 34A-901. Filing notice of candidacy.--Each candidate desiring to have his name placed on the ballot for an office to be filled in a municipal general election shall file notice of candi dacy in the following manner:

(a) Each candidate, or his agent, shall file notice of his candi dacy in the office of the municipal superintendent of his munici pality at least fifteen (15) but not more than forty-five (45) days prior to the election in the case of a general election and at least ten (10) but not more than thirty (30) days prior to the election in the case of a special election. The closing date shall be as set forth in the municipal charter or ordinance as may now be in force or hereafter enacted. If a runoff primary is held, each candidate nominated therein, or his agent, shall file notice of his candidacy with the municipal superintendent within three days after the hold ing of such primary, irrespective of such three-day period's exceed ing a qualification deadline hereinabove prescribed.

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(b) Each candidate, who is a nominee of his political party or body, or such party or body, shall accompany his notice of candi dacy with a certificate of nomination by his party or body stating that he is the duly qualified and nominated candidate of his party or body for the public office he is seeking. Every such certificate of nomination shall be sworn to by the chairman and secretary of the municipal or other appropriate executive committee (designated by the party or body) before an officer qualified to administer oaths. The certificate of nomination shall contain such other infor mation as may be prescribed by the officer with whom the candi date files his notice of candidacy. A certificate of party or body nomination shall not be filed if such party or body has not previ ously registered with the Secretary of State as required by Chap ter 34-9 of the Georgia Election Code and with the city clerk as required by Section 34B-801 of this Code.

(c) Each candidate described in Subsection (a) shall accom pany his notice of candidacy with an affidavit stating: (i) his residence, with street and number, if any, and his post office ad dress; (ii) his professional, business or occupation, if any; (iii) the name of his election district; (iv) that he is an elector of the municipality of his residence eligible to vote in the election in which he is a candidate; (v) the name of the office he is seeking; (vi) that he is eligible to hold such office; and (vii) that he will not knowingly violate any provisions of this Code or of rules and regulations adopted thereunder. The affidavit shall contain such other information as may be prescribed by the officer with whom the candidate files his notice of candidacy.

(d) Candidates may also be required to accompany notice of candidacy with a nominating petition if the charter of the munici pality now or as it may be amended in the future so requires.

Section 34A-902. Candidate required to designate specific office sought in certain cases.--In the case of a candidate seeking one of two or more public offices each having the same title and to be filled at the same election by the vote of the same electors, charter or ordinance provisions now in effect or hereinafter enacted shall govern whether such candidate shall designate the specific office he is seeking. If required to designate the specific office, the candi date shall name his incumbent or give other appropriate designa tion. Such designation shall be entered on the ballot and ballot labels in such manner that in the ensuing primary or election such candi date shall only oppose the other candidate or candidates, if any, designating the same specific office.

Section 34A-903. Substituted nominations by parties and bodies.-- (a) Any vacancy happening in any party nomination (filled by primary) for a municipal office by reason of the death or withdrawal of any candidate after nomination may be filled by a substituted nomination made by the municipal or other appro priate party executive committee unless the municipal charter or ordinance shall provide for the holding of another primary for the purpose of filling such vacancy.

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(b) Any vacancy happening in any party nomination (filled by means other than by primary) or body nomination, by reason of the death or withdrawal of any candidate after nomination, may be filled by a substituted nomination made by such committee as is authorized by the rules and regulations of the party or body to make nominations in the event of vacancies on the party or body ticket.
(c) Upon the making of any such substituted nomination, in the manner prescribed in this Section, it shall be the duty of the chairman and secretary of the convention or committee making the nomination to file with the municipal superintendent a nomination certificate which shall be signed by such chairman and secretary. Every such certificate of nomination shall be sworn to by the chairman and secretary before an officer qualified to administer oaths.

Section 34A-904. Qualification fees.--The governing authority of any municipality, at least two weeks prior to the closing of qualifications for a special or general municipal election shall fix and publish a qualification fee, if any, to be paid by candidates seeking election in any such special or general election. Such fee shall be paid to the municipal superintendent at the time a candi date files his notice of candidacy.

B. Nomination of Party Candidates by Primaries.

Section 34A-905. Primaries to be conducted only by political parties; conduct of primaries.--Either a political party as defined in this Code or a nonpartisan municipal executive committee duly registered with the city clerk may conduct a municipal primary for the purpose of electing its own officials or nominating candidates for municipal elections. Every primary held for such purpose shall be presided over and conducted in the manner prescribed by the rules and regulations of such party not inconsistent with the law and the rules and regulations of the State Election Board; however, all such primaries must be conducted in such manner as to guaran tee the secrecy of the ballot.

Section 34A-906. Qualification of candidates; automatic nomi nation of unopposed candidates.-- (a) Unless otherwise provided by law, all candidates for party nomination in a primary shall qualify as such candidates in accordance with the rules of their party. In the case of a general primary the candidates shall qualify at least fifteen (15) days prior to the date of such primary, but not more than forty-five (45) days prior to the date of such primary. In the case of a special primary, the candidates shall qualify at least ten (10) days prior to such primary, but not more than thirty (30) days prior to the date of such primary. The Executive Committee or other rule-making body of the party shall fix the qualifying date within the limitations provided in this Section.

(b) After the expiration of the applicable qualification dead line prescribed in Subsection (a) above, each candidate for nomi nation to a municipal office, having no opposing candidates within

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his own political party, shall automatically become the nominee of his party for such office, if the applicable city charter or ordinance does not provide to the contrary. The name of such an unopposed candidate and the title of the nomination he is seeking shall not be placed upon the primary ballots or ballot labels. The proper officials of his political party shall certify him as the party nomi nee for the office involved for the purpose of having his name placed upon the election ballots or ballot labels. In applying the provisions of Sections 34A-901, 34A-903 and 34A-904, such an un opposed candidate shall be deemed to have been nominated in a primary held by his political party.

Section 34A-907. Polling places and poll officers to be used.-- A political party, in nominating a candidate for public office in a primary, shall use and provide poll officers for each polling place in each election district in the area wherein the electors reside who shall elect the person to fill such public office in the next election therefor.

Section 34A-908. Ballots; ballot boxes; voting machines, vote recorders and other supplies for primaries.--Ballots and ballot boxes, or voting machines or vote recorders where used, and other supplies for primaries shall be prepared, provided and delivered to the poll officers, in accordance with the provisions of this Code, insofar as they are applicable to primaries. In municipalities where the governing authority possesses voting machines or vote record ers, it shall rent or furnish free of charge a sufficient number of voting machines or vote recorders to a political party or parties requesting same for use in a primary. When rental is required, such rental shall be fixed at an amount not in excess of the lowest reasonable amount necessary to pay the cost of the municipality in renting the voting machines or vote recorders, and such rental shall be equally divided among the parties jointly using same. A party which is unable or unwilling to pay its share of such rental shall not participate in the use of the voting machines or vote recorders.

Section 34A-909. Primary expenses.--The expenses of a pri mary shall be borne by the political party holding such primary; except that the expenses of providing polling places on public premises and electors lists shall be paid by the respective munici palities.

C. Nomination of Candidates by Petition.
Section 34A-910. Nomination petitions.-- (a) In addition to the party nominations made at primaries, nominations of candi dates for public office may also be made by nomination petitions if the municipality's charter so provides. Such petitions shall be in the form prescribed by the officers with whom they are filed, and no other forms than the ones so prescribed shall be used for such purposes. A nomination petition of a candidate shall be signed by the number of electors prescribed by municipal charter or ordinance.

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(b) Each person signing a nomination petition shall declare therein that he is a duly qualified and registered elector of the municipality entitled to vote in the next election for the filling of the office sought by the candidate supported by the petition, and shall add to his signature his residence address, giving munici pality with street and number, if any. No person shall sign the same petition more than once. Each petition shall support the can didacy of only a single candidate. A signature shall be stricken from the petition when the signer so requests prior to the presen tation of the petition to the appropriate officer for filing, but such a request shall be disregarded if made after such presenta tion.

(c) A nomination petition shall be on one or more sheets of uniform size and different sheets must be used by signers resident in different counties. The upper portion of each sheet, prior to being signed by any petitioner, shall bear the name and title of the officer with whom the petition will be filed, the name of the candidate to be supported by the petition, his profession, business or occupation, if any, his place of residence with street and num ber, if any, his political party or body affiliation, if he is its nomi nee for the office he is seeking, and the name and date of the election in which the candidate is seeking election. If more than one sheet is used, they shall be bound together when offered for filing if they are intended to constitute one nomination petition, and each sheet shall be numbered consecutively, beginning with number one, at the foot of each page. Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet, setting forth: (i) that the affiant is a duly qualified and registered elector of the municipality entitled to vote in the next election for the filling of the office sought by the candidate supported by the petition; (ii) his residence address, giving municipality with street and number, if any; (iii) that each signer manually signed his own name with full knowledge of the contents of the nomination petition; (iv) that each signature on such sheet was signed within one hundred and eighty (180) days of the last day on which such petition may be filed; and (v) that, to the best of affiant's knowl edge and belief, the signers are registered electors of the munici pality qualified to sign the petition, that their respective residences are correctly stated in the petition, and that they all reside in the municipality named in the affidavit.

(e) No nomination petition shall be circulated prior to one hundred and eighty (180) days before the last day on which such petition may be filed, and no signature shall be counted unless it was signed within one hundred and eighty (180) days of the last day for filing the same.

(f) A nomination petition shall not be amended or supple mented after its presentation to the appropriate officer for filing.

Section 34A-911. Examination of nomination petitions; judicial review.-- (a) When any nomination petition is presented in the office of the superintendent for filing within the period limited by this Code, it shall be the responsibility of such officer to examine

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the same to the extent necessary to determine if it complies "with the law. If the petition complies with the law, it shall be granted and the candidate named therein shall be notified in writing. If the petition fails to comply with the law, it shall be denied and the candidate named therein shall be notified of the cause for such denial by letter directed to his last known address. In neither case shall the petition be returned to the candidate.

(b) The decision of the officer denying a nomination petition may be reviewed by the superior court of the county containing the office of such officer upon an application for a writ of man damus to compel the granting of such petition, and the decision of the officer granting a nomination petition may be reviewed by such superior court upon an application for a writ of injunction to restrain the honoring of such petition. The application for such writ of mandamus or injunction shall be made within five (5) days of the time when the petitioner is notified of such decision. Upon the application being made, a judge of such court shall fix a time and place for hearing the matter in dispute as soon as prac ticable, and notice thereof shall be served with a copy of such application upon the officer with whom the nomination petition was filed. From any decision of the superior court an appeal may be taken to the appropriate appellate court as is usual in such

D. Nomination of Candidates by Nonpartisan Primaries.
Section 34A-912. Nonpartisan primaries; calling and holding.-- The governing authority of any municipality may call and hold a nonpartisan primary for the purpose of nominating candidates to seek municipal office in a subsequent election. If held, such a nonpartisan primary shall be held at least fifty (50) but not more than sixty (60) days prior to the date of the election for which nominations are to be made, and the call for such primary shall be publicly issued at least sixty (60) days prior to the date of hold ing the primary. The provisions of this Code which apply to the preparation for and conduct of primaries of political parties shall also apply to the preparation for and conduct of municipal nonpartisan primaries to the extent practicable.
Section 34A-913. Qualification of candidates.--Each candidate for nomination to a municipal office in a municipal nonpartisan primary shall qualify as such candidate by personally filing notice of his candidacy, or by his duly authorized agent, in the office of the municipal superintendent of his municipality at least fortyfive (45) days prior to the date of the primary in accordance with the provisions of the municipal charter and ordinances not in consistent with the requirements of this Code.
Section 34A-914. Primary expenses.--The expenses of a munici pal nonpartisan primary may be paid by the municipality calling and holding such primary; except that the expenses of providing polling places on public premises and electors lists shall be paid by the municipality.

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Chapter 34A-10. Ballots.

Section 34A-1001. Official ballots to be used.--All primaries and elections shall be conducted by ballot, except when voting ma chines or vote recorders are used as provided by law. All ballots used in any primary or election shall be provided by the superin tendent in accordance with the provisions of this Chapter, and only official ballots furnished by the superintendent shall be cast or counted in any primary or election in any district in which ballots are used.

Section 34A-1002. Form of official primary ballot.-- (a) In each primary separate official ballots shall be prepared by the political party holding the primary. At the top of each ballot shall be printed in prominent type the words 'OFFICIAL PRIMARY BALLOT OF__..__....__.__........_.__.PARTY FOR' followed by the desig nation of the election district for which it is prepared and the name and date of the primary.

(b) Immediately under this caption, the following directions shall be printed: 'Place a cross (X) or check (V) mark in the square opposite the name of each candidate for whom you choose to vote. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.'
(c) Immediately under the directions, the names of all candi dates, who have qualified in accordance with the rules of the party, except unopposed candidates in municipal primaries where the municipal charter or ordinance does not prohibit the omission of such candidates' names from the ballot, shall be printed on the ballots and the names of the candidates shall in all cases be ar ranged under the title of the office for which they are candidates, and be printed thereunder in alphabetical order. The incumbency of a candidate seeking party nomination for the public office he then holds shall be indicated on the ballots. Under the title of each office shall be placed a direction as to the number of candidates to be voted for.
(d) If at any primary a political party shall submit to its members any matter or question to be voted upon, the party shall also have printed on the ballots the necessary language to guide the elector in the expression of his choice as to such a matter or question.
(e) The ballots shall vary in form only as the names of elec tion districts, offices, candidates or the provisions of this Code may require.
Section 34A-1003. Form of official nonpartisan primary bal lot.--The form of the official nonpartisan primary ballot shall conform insofar as practicable to the form of the official primary ballot as detailed in Section 34A-1002, except that: (i) the fol lowing shall be printed at the top of each ballot in prominent type: 'OFFICIAL NONPARTISAN PRIMARY BALLOT OF_-____._____

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..._'; and (ii) there shall be no name or (Name of Municipality) designation of any political organization nor any words, desig nation or emblems descriptive of a candidate's political affiliation printed under or after any candidate's name which is printed on the ballot.

Section 34A-1004. Form of official election ballot.-- (a) At the top of each ballot for an election shall be printed in prominent type the -words 'OFFICIAL BALLOT' followed by the designation of the election district for which it is prepared and the name and date of the election.

(b) Immediately under this caption on a ballot presenting the names of candidates for election to office, the following directions shall be printed, insofar as the same may be appropriate for the election involved:

To vote a straight party ticket, mark a cross (X) or check (V) in the square in the party column, opposite the name of the party of your choice. If you do not desire to vote a party ticket, then place a cross (X) or check (V) mark in the square opposite the name of each candidate for whom you choose to vote. To vote for a person whose name is not on the ballot, manually write his name, accompanied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.

The names of person inserted on the ballot by the elector shall be manually written only within the write-in column and the insertion of such name outside such column or by the use of a sticker, paster, stamp or other printed or written matter is prohibited.

(c) Immediately under the directions, the names of all can didates, who have been nominated in accordance with the require ments of the Code, shall be printed on the ballot and the names of the candidates shall in all cases be arranged under the titles of the respective offices they are seeking. The names of candidates who are nominees of a political party shall be placed under the name of their party. The columns of political parties shall be printed on the ballot, beginning on the left side thereof, and shall be arranged from left to right in the descending order of the totals of votes cast for candidates of the political parties for Gover nor at the last gubernatorial election. The columns of parties, having no candidate for Governor on the ballot at the last guberna torial election, shall be arranged alphabetically, according to the party name, to the right of the columns of the parties so repre sented. The columns of political bodies shall be arranged alpha betically, according to the party name, to the right of the columns of the parties so represented. The columns of political bodies shall be arranged alphabetically according to the body name, to the right of the party columns. The names of all independent candidates shall be printed on the ballot in a column or columns under the heading "Independent", which shall be placed to the right of the political body columns. In the case of two or more independent

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candidates seeking the same office, their names shall be arranged under the title of the office in alphabetical order. The names of candidates seeking the same office shall be printed horizontally opposite one another in their respective columns and such columns shall be of sufficient length to permit such an arrangement. To the right of the independent column or columns, shall be printed a sufficient blank column for the insertion of write-in votes. At the left of the name heading every column on the ballot and at the left of the name of every candidate thereon shall be a square of sufficient size for the convenient insertion of a cross (X) or check (V) mark.

(d) When proposed questions are submitted to a vote of the electors, each question so submitted may be printed upon the ballot to the right of or below the groups of candidates for the various offices. To the left of each question there shall be placed the words 'yes' and 'no', together with appropriate squares to the left of each for the convenient insertion of a cross (X) or check (V) mark.

(e) The ballots shall vary in form only as the names of elec tion districts, offices, candidates or the provisions of this Code may require.

Section 34A-1005. Superintendent to cause ballots to be print ed; record of ballots to be kept.--In any primary or election, the superintendent shall cause the ballots to be printed in the form prescribed by this Code. He shall be responsible for the safekeeping of the same while in his possession or that of his agent, and shall keep a record of the number of official ballots printed and furnished to each election district at each primary and election, and the num ber of stubs, unused ballots, and cancelled ballots subsequently returned therefrom.

Section 34A-1006. Form of ballots; stubs; numbers.--All bal lots for use in the same election district at any primary or election shall be alike and shall contain only the names of the candidates and issues to be voted on in such district. They shall be at least six inches long and four inches wide, and shall have a margin ex tending beyond any printing thereon. They shall be printed with the same kind of type (which shall not be smaller than the size known as 'brevier' or 'eight point body') upon white paper of uni form quality, without any impression or mark to distinguish one from another, and with sufficient thickness to prevent the printed matter from showing through. Each ballot shall be attached to a name stub, and all the ballots for the same election district shall be bound together in books of fifty (50) or one hundred (100), in such manner that each ballot may be detached from its stub and removed separately. The ballots for each party to be used at a pri mary shall be bound separately. The name stubs of the ballots shall be consecutively numbered, and in the case of primary bal lots, the number shall be preceded by an initial or abbreviation designating the party name. The number and initial or abbreviation which appears upon the stub shall also be printed in the upper por tion of the front of the ballot, separated from the remainder of the ballot by a horizontal perforated line so as to constitute a

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number strip and so prepared that the upper portion of the front of the ballot containing the number may be detached from the ballot before it is deposited in the ballot box. The number strip on the ballot shall also have the following words printed thereon: 'Tear off before depositing ballot in ballot box.'

Section 34A-1007. Candidates with similar surnames; occupa tion to be printed.--If two or more candidates for the same nomi nation or office shall have the same or similar surnames, the of ficial with whom such candidate qualified, shall, upon the request of any such candidate filed in writing not later than two (2) days after the last day for qualifying as a candidate in the primary or election involved, print or cause to be printed the occupation or residence of any such candidate, so filing a request, on the bal lot under his name. Upon receiving any such request, said official shall determine whether the surnames of the candidates are of such a similar nature as to warrant printing the occupation or residence of any such candidate on the ballot, and the decision of such official shall be conclusive.
Section 34A-1008. Names of substituted candidates to be print ed on ballots. As soon as any substituted candidate shall have been duly nominated by his political party or body, at any time prior to the day on which the printing of ballots is started, his name shall be substituted in place of that of the candidate who has died or has withdrawn.
Section 34A-1009. Number of ballots to be printed.--The super intendent shall provide for each election district in which a pri mary or election is to be held a sufficient number of ballots for use by the electors who offer to vote in the district.
Section 34A-1010. Forms of ballots on file and open to public inspection.--The superintendent shall have on file in his office, at least three (3) days prior to the day of holding each primary and election, open to public inspection, forms of the ballots, with the names and such statements and notations as may be required by the provisions of this Code, printed thereon, which shall be used in each election district within the municipality.

Section 34A-1011. Correction of mistakes appearing on ballot. --When it is shown by affidavit that mistake or omission has oc curred in the printing of official ballots for any primary or elec tion, the superior court of the proper county, may upon the application of any elector of the municipality, require the super intendent to correct the mistake or omission, or to show cause why he should not do so.

Chapter 34A-11. Voting Machines and Vote Recorders.

A. Voting Machines.

Section 34A-1101. Definitions.--The following words, when used in this Chapter, shall have the following meanings, unless otherwise clearly apparent from the context:

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(a) The words 'candidate counters' and 'question counters' shall mean the counters on which are registered numerically the votes cast for candidates and on questions, respectively;

(b) The word 'diagram' shall mean an illustration of the offi cial ballot showing the names of the parties, bodies, offices and candidates, and statements of the questions, in their proper places, together with the voting devices therefor;

(c) The words 'protective counter' shall mean a counter or pro tective device or devices that will register each time the machine is operated, and shall be constructed and so connected that it cannot be reset, altered or operated, except by operating the machine;

(d) The words 'public counter' shall mean a counter or other device which shall, at all times, publicly indicate how many times the machine has been voted on at an election;

(e) The words "registering counter' shall not include a protec tive counter; and

(f) The words 'vote indicator' shall mean those devices with which votes are indicated for candidates, or for or against questions.

Section 34A-1102. Authorization of voting machines without referendum.--The governing authority of any municipality may at any regular meeting or at a special meeting called for the purpose by a majority vote, authorize and direct the use of voting machines for recording and computing the vote at all elections held in the municipality, and thereupon the governing authority shall purchase, lease, rent or otherwise procure voting machines conforming to the requirements of this Chapter.

Section 34A-1103. Referendum on question of adopting voting machines.-- (a) The governing authority of any municipality may, upon its own motion or upon the receipt of a petition signed by at least ten per cent of the electors who voted in such municipality at the preceding general election, submit to the electors of the munici pality, at an election, the question, 'Shall voting machines be used in the municipality of ._,,_......._._,,_._._....._..._..._._......,,..__,,..?'

(b) The election on such question shall be conducted by the poll officers, at the places, during the hours, and under the regulations, provided by law for the holdings of general elections. Returns shall be computed and certified in the same manner as prescribed in this Code for general elections.

(c) If necessary in order to provide funds for the purchase of such voting machine, the question of whether the indebtedness of the municipality shall be increased shall be submitted to a role of the electors of the municipality at the same time as the question of whether voting machines shall be used.

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(d) If a majority of the electors voting on such question or questions shall vote in the affirmative, the governing authority of such municipality shall purchase, lease or rent voting machines, con forming to the requirements of this Chapter, for recording and computing the vote at all elections held in such municipality.

Section 34A-1104. Installation, custody and repair of voting machines.-- (a) When the use of voting machines has been author ized in the manner prescribed by either Section 34A-1102 or Section 34A-1103, such voting machines shall be installed, either simultane ously or gradually, within the municipality. Upon the installation of voting machines in any election district, the use of paper ballots therein shall be discontinued, except as otherwise provided by this Code.

(b) In each election district in which voting machines are used, the governing authority shall provide at least one voting machine for each six hundred electors, or fraction thereof, therein.

(c) Voting machines of different kinds may be used for differ ent districts in the same municipality.

(d) The governing authority shall provide voting machines in good working order and of sufficient capacity to accommodate the names of a reasonable number of candidates for all party offices and nominations and public offices which, under the provisions of existing laws and party rules, are likely to be voted for at any future primary or election.

Section 34A-1105. Examination and approval of voting ma chines by Secretary of State.--The examination and approval of voting machines by the Secretary of State shall apply to municipali ties as prescribed for counties in Section 34-1205 of the Georgia Election Code.

Section 34A-1106. General requirements as to voting machines. --The general requirements as to voting machines shall apply as prescribed in Section 34-1206 of the Georgia Election Code.

Section 34A-1107. Payment for voting machines.--The govern ing authority of any municipality which adopts voting machines in a manner provided for by this Chapter, shall, upon the purchase thereof, provide for payment therefor by the municipality. Bonds or other evidence of indebtedness may be issued in accordance with the provisions of law relating to the increase of indebtedness of municipalities, to meet all or any part of the cost of the voting machines.

Section 34A-1108. Form of ballot labels on voting machines.-- (a) The ballot labels shall be printed in black ink, upon clear white material, of such size as will fit the ballot frame, and in plain clear type so as to be easily readable by persons with normal vision.

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(b) If the construction of the machine shall require it, the ballot label for each candidate, group of candidates, political party or body, or question, to be voted on, shall bear the designating letter or number of the counter on the voting machine which will register or record votes therefor. Each question to be voted on shall appear on the ballot labels, in brief form, of not more than seventy-five (75) words, to be determined by the governing authority in the case of questions to be voted on by the electors of the municipality.

(c) The ballot label for each candidate or group of candidates, nominated by a party or body, shall contain the name or designation of the party or body.

(d) The titles of offices may be arranged horizontally or verti cally, with the names of candidates for an office arranged trans versely under or opposite the title of the office.

(e) The names of all candidates, nominated by a party or body, shall appear in adjacent rows or columns containing generally the names of candidates nominated by such party or body.

(f) The form and arrangement of ballot labels shall be p"re-y pared by the superintendent.

(g) The names of all candidates of a party or body shall appear in the same row or column, and no other names shall appear in the same row or column, to the left or top of which shall be a straight party or body lever by means of which an elector may, in one opera tion, vote for all the candidates of that party or body for every office to be voted for. The names of such candidates and independent candidates shall be arranged under or opposite the title of the office for which they are candidates and shall appear in the order pre scribed by Subsection (c) of Section 34A-1003. The rows or columns occupied by the candidates of political parties and bodies shall be arranged according to the priority prescribed by Section 34A1003 (c).

(h) In primaries, the ballot labels, containing the names of candidates seeking nomination by a political party, shall be segre gated on the face of the machine in adjacent rows or columns by parties, the priority of such political parties on the ballot labels to be determined in the order prescribed by Section 34A-1003(c).

(i) In primaries, if it shall be impracticable to place on the ballot labels of one machine the names of all candidates seeking nomination in all political parties, the municipal superintendent may arrange for each election district the names of the candidates on separate voting machines; provided, however, that the names of all the candidates seeking nomination in any one political party shall appear on one machine.

Section 34A-1109. Preparation of voting machines by municipal superintendents; duties of custodians and deputy custodians.-- (a) The municipal superintendent of each municipality shall cause the

MONDAY, FEBRUARY 26, 1968

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proper ballot labels to be placed on each voting machine which is to be used in any election district within such municipality; and shall cause each machine to be placed in proper order for voting; shall examine each machine before it is sent out to a polling place; shall see that each registering counter on each machine is set at zero; shall lock each machine so that the counting machinery cannot be operated, and shall seal each machine with a numbered seal. The municipal superintendent or his agent shall adjust each machine to be used at a primary, so that the poll officers may lock it on primary day, in such a way that each elector can vote only for the candidates seeking nomination by the political party in whose primary he is then voting and so that no elector can vote for the candidates seek ing nomination by any political party in whose primary he is not then voting.

(b) The governing authority shall appoint one custodian of voting machines, and such deputy custodians as may be necessary, whose duty it shall be to prepare the machines to be used in the municipality at the primaries and elections to be held therein. Each custodian and deputy custodian shall receive from the municipality. Such custodian shall, under the direction of the municipal superin tendent, have charge of and represent the municipal superintendent during the preparation of the voting machines as required by this Code. Each custodian shall take an oath of office framed by the governing authority which shall be filed with the city clerk.

(c) On or before the twentieth day preceding a primary or election, the municipal superintendent shall mail to the chairman of the municipal or other appropriate executive committee of each political party having candidates in the primary or election, and to each candidate who shall be entitled to have his name placed on the primary or election ballot a written notice stating the times when and the place or places where preparation of the machines for use in the several election districts in the municipality will be started. Notice shall also be placed in a newspaper of general circulation in the municipality at least five (5) days prior to the preparation of the machines. Interested parties may be present and shall be afforded every facility for the examination of all registering counters, protec tive counters, and public counters of each and every voting machine. However, such parties shall not interfere with the preparation of the machines, and the municipal superintendent may make such reasonable rules and regulations governing the conduct of such
interested parties.

(d) The custodian and deputy custodians of voting machines shall make an affidavit, which each shall sign, and each person pres ent at the preparation shall have the opportunity to attest, and which shall be filed with the city clerk stating: (i) the identifying number or other designation of the voting machine; (ii) that each registering counter of the machine was set at zero; (iii) the number registered on the protective counter or other device of the machine; and (iv) the number on the seal with which the machine is sealed.

Section 34A-1110. Payment for ballot labels and supplies.-- (a) In the case of an election, the governing authority shall furnish, at

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the expense of the municipality, all ballot labels, forms of certifi cates, and other papers and supplies, required under the provisions of this Code.

(b) In the case of a primary, ballot labels and other materials necessary for the preparation of the voting machines shall be fur nished free of charge to the municipal superintendent by the political party conducting such primary.

Section 34A-1111. Delivery of voting machines and supplies by municipal superintendent to poll officers.-- (a) The municipal superintendent shall deliver the proper voting machine or voting machines, properly furnished with ballot labels, to the polling places of the respective election districts, at least one hour before the time set for opening the polls at each primary or election, and shall cause each machine to be set up in the proper manner for use in voting. Each machine shall then remain sealed until the examination immediately preceding the opening of the polls prescribed by this
Code.

(b) The municipal superintendent shall provide ample protec tion against molestation of an injury to the voting machine, and, for that purpose, shall call upon any law enforcement officer to furnish such assistance when so requested by the municipal superintendent.

(c) The municipal superintendent shall furnish for each voting machine at least one hour before the opening of the polls:

(i) A lamp which shall give sufficient light to enable electors, while in the voting machine booth, to read the ballot labels, and suit able for the use of poll officers in examining the counters; and the lamp shall be prepared and in good order for use before the open ing of the polls;

(ii) Two diagrams, of suitable size, representing such part of the face of such voting machine as will be in use in the primary or election, and accompanied by directions for voting on the machine; and such diagrams shall be posted prominently outside the enclosed space within the polling place; and

(iii) A seal, for sealing the machine after the polls are closed; and envelope lor the return of the keys, if the construction of the voting machine shall permit their separate return; and such other election materials and supplies as may be necessary, or as may be required by law.

Section 34A-1112. Delivery of voting machine keys to chief manager.--The municipal superintendent shall deliver the keys, which unlock the operating mechanism and the registering counters or counter compartment of the voting machine, to the chief man ager, not later than one hour before the time set for the opening of the polls, and shall take his receipt therefor. The keys shall be en closed in a sealed envelope, on which shall be written or printed, (a) The number of the voting machine; (b) the designation of the

MONDAY, FEBRUARY 26, 1968

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election district; (c) the number of the seal; (d) the number regis tered on the protective counter or device as reported by the cus todian; provided, however, that if the type of voting machine used requires the simultaneous use of three keys to unlock the registering counters or counter compartment, only two of the said keys shall be enclosed in such sealed envelope, the third key being retained by the custodian of the municipal superintendent.

Section 34A-1113. Instruction of electors before primary or election.-- (a) During the five days next preceding a general pri mary or election, or during the three (3) days next preceding a special primary or election, the municipal superintendent shall place on public exhibition, in such public places, and at such times as he may deem most suitable for the information and instruction of the electors, one or more voting machines, containing the ballot labels, and showing the offices and questions to be voted upon, the names and arrangements of parties and bodies, and, so far as practicable, the names and arrangements of the candidates to be voted for. Such machine or machines shall be under the charge and care of a person competent as custodian and instructor. No voting machine, which is to be assigned for use in a primary or election, shall be used for such public exhibition and instruction, after having been prepared and sealed for the primary or election.

(b) Prior to any primary or election, the municipal superin tendent may cause copies of any diagram or diagrams, required to be furnished with voting machines at polling places, to be made, either in full size or in reduced size, and to be posted, published, advertised or distributed among the electors in such manner as he may deem desirable.

Section 34A-1114. Voitng by ballot.--If, for any reason, at any primary or election the use of voting machines wholly or in part is not practicable, the municipal superintendent may arrange to have the voting for such candidates or offices or for such questions con ducted by paper ballots.

Section 34A-1115. Unofficial ballot labels; repair of machine or use of paper ballots.-- (a) If ballot labels for an election district, at which a voting machine is to be used, shall not be delivered to the poll officers as required by this Code, the chief manager of such district shall cause other labels to be prepared, printed or written, as nearly in the form of official ballot labels as practicable, and the poll officers shall cause the labels, so substituted, to be used at the primary or election, in the same manner, as near as may be, as the official labels. Such labels, so substituted, shall be known as unof ficial ballot labels.
(b) If any voting machine shall become out of order during a primary or election, and repair or substitution cannot be made, paper ballots, printed or written, and of any suitable form, may be used for the taking of votes.
Section 34A-1116. Custody of voting machines and keys.--The governing authority shall designate person or persons who shall

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have the custody of the voting machines of the municipality, and the keys therefor, when the machines are not in use at a primary or election, and shall provide for his compensation and for the safe storage and care of the machines and keys.

B. Vote Recorders.

Section 34A-1117. Authorization of vote recorders.--The gov erning authority of any municipality may at any regular meeting called for the purpose, by a majority vote, authorize and direct the use of vote recorders for recording and computing the vote at elec tions held in the municipality, and thereupon the governing authority shall purchase, lease, rent or otherwise procure vote recorders con forming to the requirements of this Chapter.

Section 34A-1118. Installation, custody and repair of vote re corders.-- (a) When the use of vote recorders has been authorized in the maner herein prescribed, such vote recorders shall be installed, either simultaneously or gradually within the municipality. Upon the installation of vote recorders in any election district, the use of paper ballots therein shall be discontinued, except as otherwise pro vided by this Code.

(b) In each election district in which vote recorders are used, the governing authority shall provide at least one vote recorder for each three hundred electors, or fraction thereof, therein.

(c) Vote recorders of different kinds may be used for different districts in the same municipality.

(d) The governing authority shall provide vote recorders in good working order and of sufficient capacity to accommodate the names of a reasonable number of candidates for all party offices and nominations and public offices which, under the provisions of existing laws and party rules, are likely to be voted for at any future primary or election.

Section 34A-1119. Examination and approval of vote recorders by Secretary of State.--The examination and approval of vote re corders by the Secretary of State shall apply to municipalities as prescribed for counties in Section 34-1218 of the Georgia Election
Code.

Section 34A-1120. General requirements as to vote recorders. The general requirements as to vote recorders shall be as prescribed in Section 34-1220 of the Georgia Election Code.

Section 34A-1121. Payment for vote recorders.--The governing authority of any municipality, which adopts vote recorders in the manner provided for by this Chapter, shall, upon the purchase there of, provide for payment therefor by the municipality. Bonds or other evidence of indebtedness may be issued in accordance with the provisions of law relating to the increase of indebtedness of munici palities to meet all or any part of the cost of the vote recorders.

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Section 34A-1122. Form of ballot labels on vote recorders.-- (a) The ballot labels shall be printed in black ink, upon clear white material, of such size and arrangement as will suit the construction of the vote recorder, and in plain clear type so as to be easily read able by persons with normal vision.

(b) The arrangement of offices, names of candidates and ques tions upon the ballot labels shall conform as nearly as practicable to the provisions of this Code for the arrangement of same on paper ballots; provided, however, that such form may be varied in order to present a clear presentation of candidates and questions to the elec tors. In the event that there are more candidates for any office than can be placed upon one page, the label shall be clearly marked to indicate that the names of candidates for the office are continued on the following page.

(c) The form and arrangement of ballot labels shall be prepared by the superintendent.

(d) In primaries, separate vote records may be used for each political party. If the same vote recorder is used for two or more political parties on the same day, the ballot cards of each party shall be clearly identified and so designed that only votes cast for candi dates of that party will be counted by the tabulating machine.

Section 34A-1123. Form of ballot cards for vote recorders.-- Ballot cards shall be of suitable design, size and stock to permit processing by tabulating machine. A serially numbered stub and strip shall be attached to each ballot card in a manner and form similar to that prescribed in this Code for paper ballots.

Section 34A-1124. Write-in ballots.--In elections, a write-in ballot envelope shall be provided to permit an elector to vote for per sons whose names do not appear on the ballot labels. The write-in ballot may be printed on a separate paper or card which shall be inserted into such envelope with the ballot card before being de posited in the ballot box. The design of the ballot card and the write-in ballot shall permit the managers in counting the write-in votes to readily determine whether an elector has cast any write-in vote not authorized by law.

Section 34A-1125. Preparation of vote recorders by municipal superintendents; duties of custodians and deputy custodians.-- (a) The municipal superintendent of each municipality shall cause the proper ballot labels to be placed on each vote recorder which is to be used in any election district within such municipality and shall cause each vote recorder to be placed in proper order for voting.

(b) The governing authority shall appoint one custodian of vote recorders, and such deputy custodians as may be necessary, whose duty it shall be to prepare the vote recorders to be used in the munici pality at the primaries and elections to be held therein. Each cus todian and deputy custodian shall receive from the municipality such compensation as shall be fixed by the governing authority.

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Such custodian shall, under the direction of the municipal superin tendent during the preparation of the vote recorders as required by this Code. Each custodian shall take an oath of office framed by the governing authority, which shall be filed with the city clerk.

(c) On or before the third day preceding a primary or election, the municipal superintendent shall have the tabulating machines tested to ascertain that they will correctly count the votes cast for all offices and on all questions. Public notice of the time and place of the test shall be made at least five days prior thereto. Representaitves of political parties and bodies, candidates, news media, and the public shall be permitted to observe such tests. The test shall be conducted by processing a pre-audited group of ballot cards so punched or marked as to record a pre-determined number of valid votes for each candidate and on each question, and shall include for each office one or more ballot cards which have votes in excess of the number allowed by law in order to test the ability of the tabu lating machine to reject such votes. The tabulating machine shall not be approved unless it produces an errorless count. If any error is detected, the cause therefor shall be ascertained and corrected, and an errorless count shall be made before the machine is approved. The same test shall be repeated immediately before the start of the official count of the ballot cards and at the conclusion of such count. The municipal superintendent or custodian shall also prepare the vote recorders for voting at the various polling places to be used in the primary or election. In preparing the vote recorders, he shall arrange the recorders and the ballot labels so that they meet all requirement of voting and counting at such primary or election, thoroughly inspect and test the vote recorders, and file a certificate in the office of the city clerk that the recorders are in proper order with correct ballot labels.

(d) No municipal superintendent, nor custodian, nor other employee of the municipal superintendent shall, in any way, prevent free access to and examination of all vote recorders, which are to be used at the primary or election, by any interested persons.

Section 34A-1126. Payment for ballot labels and supplies.-- (a) In the case of an election, the municipal superintendent shall furnish at the expense of the municipality, all ballot labels, forms or certificates, and other papers and supplies, required under the provisions of this Code.

(b) In the case of a primary, ballot labels and other materials necessary for the preparation of the vote recorders shall be fur nished free of charge to the municipal superintendent by the politi cal party conducting such primary.

Section 34A-1127. Delivery of vote recorders and supplies by municipal superintendent.-- (a) The municipal superintendent shall
deliver the proper vote recorder or vote recorders, properly fur nished with ballot labels, to the polling places at least one hour before the time set for opening the polls at each primary or election, and shall cause each vote recorder to be set up in the proper manner for use in voting. The municipal superintendent shall place each vote

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1911

recorder in a voting booth so that the ballot labels on the recorder can be plainly seen by the poll officers when not being voted on.

(b) The municipal superintendent shall provide ample protec tion against molestation of and injury to the vote recorder, and, for that purpose, shall call upon any law enforcement officer to furnish such assistance as may be necessary, and it shall be the duty of the law enforcement officer to furnish such assistance when so requested by the municipal superintendent.

(c) The municipal superintendent shall furnish for each vote recorder at least one hour before the opening of the polls:

(i) A lamp which shall give sufficient light to enable electors, while in the voting booth, to read the ballot labels, and suitable for the use of poll officers in examining the vote recorder; and the lamp shall be prepared and in good order for use before the opening of the polls;
(ii) Two sample ballots printed on a single sheet of white paper or a number of sheets stapled together which shall be a reasonable facsimile of the ballot labels as will be in use in the primary or elec tion, and accompanied by directions for voting on the vote recorder; and such sample ballots shall be posted prominently outside the enclosed space within the polling place; and
(iii) A seal, for sealing the vote recorder after the polls are closed and such other materials and supplies as may be necessary, or as may be required by law.
Section 34A-1128. Instruction of electors before primary or election.--During the five (5) days next preceding a general pri mary or election, or during the three (3) days next preceding a spe cial primary or election, the municipal superintendent shall place on public exhibition, in such public places, and at such times as he may deem most suitable for the information and instruction of the elec tors, one or more vote recorders, containing the ballot labels, and showing the office and questions to be voted upon, the names and arrangements of parties and bodies, and, so far as practicable, the names and arrangements of the candidates to be voted for. Such recorder or recorders shall be under the charge and care of a person competent as custodian and instructor.
Section 34A-1129. Voting by paper ballot.--If, for any reason, at any primary or election the use of vote recorders wholly or in part is not practicable, the municipal superintendent may arrange to have the voting for such candidates or offices or for such questions conducted by paper ballots.

Section 34A-1130. Unofficial ballot labels; repair of vote re corder or use of paper ballots.-- (a) If ballot labels for an election district, at which a vote recorder is to be used, shall not be delivered to the poll officers as required by this Code, the chief manager of such district shall cause other labels to be prepared, printed or

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written, as nearly in the form of official ballot labels as practicable, and the poll officers shall cause the labels, so substituted, to be used at the primary or election, in the same manner, as near as may be as the official labels. Such labels, so substituted, shall be known as unofficial ballot labels.

(b) If any vote recorder shall become out of order during such primary or election, and repair or substitution cannot be made, paper ballots, printed or written, and of any suitable form, may be used for the taking of votes.

Section 34A-1131. Custody of vote recorders.--The governing authority shall designate a person or persons who shall have the custody of the vote recorders of the municipality when they are not in use at a primary or election, and shall provide for his compensa tion and for the safe storage and care of the vote recorders.

Chapter 34A-12. Preparation for and Conduct of Primaries and Elections.
A. General Provisions.

Section 34A-1201. Cards of instructions and supplies.--Prior to each primary and election the superintendent shall have printed instruction cards which shall contain full instructions for the guid ance of electors. The superintendent shall also have printed and furnish blank forms of oaths of poll officers, affidavits of challenged electors, tally sheets, return sheets, and other forms and supplies required by this Code for use in each election district of the munici pality. All such forms shall have printed thereon appropriate instructions.
Section 34A-1202. Voter's certificates.-- (a) At each primary and election each superintendent shall prepare a suitable number of voter's certificates which shall be substantially the following form:

VOTER'S CERTIFICATE

I hereby certify that I am qualified to vote at the (Primary or Election) held on --------,,------------_------------, 19--------, and that I have not and will not vote elsewhere in this (Primary or Election).

Signature Name or initials of poll officer receiving voter's certificate:
In case of physical disability or illiteracy, fill out the following:

I hereby certify that the voter is unable to sign his or her name by reason of the following: .------..------._.__--------.__--_------

Signature of poll officer
Number of stub of ballot or number of admission to voting machine---------.

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(h) Notwithstanding any other provision of this Code, the superintendent may cause such form of voter's certificate to be printed on the ballot stubs when ballots are used and, when voting machines are used, the superintendent may cause such form of certi ficate to be printed on the slip containing an elector's number in the order of his admission to the voting machines.

Section 34A-1203. Delivery of ballots and supplies to managers. -- (a) The cards of instruction, return sheets, tally sheets, oaths of poll officers, affidavits, and other forms and supplies required for use in each election district, and in districts in which ballots are used, the official ballots prepared for use therein, shall be packed by the superintendent in separate sealed packages for each election district, marked on the outside so as to crearly designate the districts for which they are intended, and, in the case of districts in which ballots are used, the number of ballots enclosed. They shall be de livered by the superintendent, together with the ballot box which shall bear the designation of the election district, to the managers in the several election districts, prior to the hour appointed for opening the polls. The managers of the respective election districts, shall, on delivery to them such packages, return receipts therefor to the superintendent, who shall keep a record of the time when and the manner in which the several packages are delivered. The super intendent may, in his discretion, require the managers of the respec tive districts to call at his office to obtain such packages.

(b) The registrars shall, prior to the hour appointed for open ing the polls, place in the possession of the managers in each election district, a sufficient number of copies of the list of electors for such district, such list to contain all the information required by law. The list shall not contain the name of any elector who has been mailed or delivered an absentee ballot. The list for a given election district may be divided into as many sections as there are ballot boxes, voting machines or vote recorders in such district. Such list of electors shall be authenticated by the signatures of at least two of the registrars. The managers of the respective districts shall, on delivery to them of such electors lists, return receipts therefor to the registrars, who shall keep a record of the time when and the manner in which the electors lists are delivered. The registrars may, in their discretion, require the managers of the respective districts to call at their
office to obtain such lists.

Section 34A-1204. Time for opening and closing polls.--At all primaries and elections the polls shall be opened at seven o'clock A.M. local time and shall remain open continuously until seven o'clock P.M. local time, at which time they shall be closed.

Section 34A-1205. Correction of errors in electors lists.--The registrars shall meet at their main office during each primary or election for the purpose of considering the qualification of electors whose names may have been omitted by inadvertance or mistake from the list of electors. The registrars shall be authorized to place the names of such electors on the registration list.

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Section 34A-1206. No campaign activities within two hundred and fifty feet of polling place.-- (a) No person, with the exception of candidates, shall solicit votes in any manner or by any means or
method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind in support of any person, party, body, or proposition on any primary or election day within two hundred and fifty feet (250') of any polling place or of the outer edge of any building within which such polling place is established, whichever distance is greater.

Section 34A-1207. Meeting of poll officers on day of primary or election; duties of poll officers.-- (a) The poll officers shall meet in the respective places appointed for holding the primary or elec tion in each election district at least thirty minutes before the hour for opening the polls on the day of each primary or election. They shall thereupon, in the presence of each other, take and subscribe in duplicate the oaths required by this Code.

(b) If any chief manager shall not appear at the polling place by seven o'clock A.M. on the day of any primary or election, the assistant managers shall appoint a chief manager, who is qualified under the provisions of this Code. If any assistant manager shall not appear at such hour, the chief manager shall appoint an assistant manager, who is qualified under the provisions of this Code. If, for any reason, any vacancy in the office of manager shall not have been filled, as aforesaid, by seven thirty A.M., the electors of the district, present at such time, shall elect a qualified person to fill such vacancy. If any clerk shall not appear by seven o'clock A.M., the chief manager shall fill such vacancy by appointing a qualified person therefor. Any person, thus appointed or elected to fill a vacancy, shall take and subscribe in duplicate to the appropriate
oath required by this Code.

(c) After the poll officers of a district have been organized, the chief manager shall assign duties to the assistant managers and clerks.

Section 34A-1208. Duties of primary and election officials per formed in public.--Superintendents, poll officers and other officials, engaged in the conduct of primaries and elections held under the provisions of this Code, shall perform their duties in public.

Section 34A-1209. Poll Watchers.-- (a) In a primary each can didate entitled to have his name placed on the primary ballot may submit the name of one poll watcher for each election district in which he wishes an observer to the Chairman or Secretary of the municipal or other appropriate party executive committee at least
ten (10) days prior to such primary. The municipal or other appro priate party executive committee shall designate at least three (3) days prior to such primary, no more than two poll watchers for each election district, such poll watchers to be selected by the committee from the list submitted by party candidates. Official poll watchers will be given a letter signed by the party chairman and secretary and containing the following information: name of official poll

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1915

watcher, address, precinct in which he shall serve, and name and date of primary.

(b) In an election each political party shall be entitled to desig nate two official poll watchers for each precinct, such poll watchers to be selected by the municipal or other appropriate party executive committee as set forth in Section 34A-1209(a) above. Each inde pendent candidate shall be entitled to designate one poll watcher in each election district. Each such poll watcher shall be given a letter signed by the appropriate political party chairman and secretary, if a party designates same, or by the independent candidate, if named by him. Such letter shall contain the following information: name of official poll watcher, address, precinct in which he shall serve, and date of election.

(c) Notwithstanding any other provisions of this Code, a poll watcher may be permitted behind the enclosed space for the pur pose of observing the conduct of the election and the counting and recording of votes. Such poll watcher shall in no way interfere with the conduct of the election, and the poll manager may make reason able regulations to avoid such interference. If a poll watcher persists in interfering with the conduct of the election, after being duly warned by the poll manager of superintendent, he may be removed by such official. Any infractions or irregularities observed by poll watchers shall be reported directly to the superintendent, not to the poll manager.

Section 34A-1210. Instructions of electors. If any elector, before or after entering the voting booth, shall ask for instructions con cerning the manner of voting, a poll officer may give him such instructions, but no person giving an elector such instructions shall in any manner request, suggest or seek to persuade or induce any such elector to vote any particular ticket or for any particular candi date or for or against any particular question. After giving such instructions, and before the elector closes the booth or votes, the poll officer shall retire, and the elector shall forthwith vote.

Section 34A-1211. Assistance in voting.-- (a) No elector shall receive any assistance in voting at any primary or election: unless he is unable to read the English language; or can prove to the satis faction of the poll officers that he has a physical disability which renders him unable to see or mark the ballot or operate the voting machine or vote recorder, or to enter the voting compartment or booth without assistance. Before an elector shall be permitted to receive assistance, he shall take an oath which shall be administered to him and placed in writing by a manager, giving the reason why he requires assistance. The name of each person assisting the elector shall be endorsed on the oath.

(b) Any elector who is entitled to receive assistance in voting under the provisions of this Section shall be permitted by the man agers to select (i) any elector, except a poll officer, who is resident of the election district in which the elector requiring assistance is attempting to vote; or (ii) the mother, father, sister, brother, spouse or child of the elector entitled to receive assistance, to enter the

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voting compartment or booth with him to assist him in voting, such assistance to be rendered inside the voting compartment or booth. No person shall assist more than five (5) such electors in any pri mary or election.

(c) The oaths of assisted electors shall be returned by the chief manager to the superintendent who shall deliver same to the regis trars. If such physical disability was acquired after the time of reg istration and if it appears to be permanent, the registrars shall record the need for voting assistance on subsequent electors lists for so long as the disability shall continue. The oaths of assisted electors shall be available for public inspection.
Section 34A-1212. Regulations in force at polling places.-- (a) No elector shall be allowed to occupy a voting compartment or voting machine booth already occupied by another, except when giving assistance as permitted by this Code.
(b) No elector shall remain in a voting compartment or voting machine booth an unreasonable length of time, and if he shall refuse to leave after such period, he shall be removed by the poll officers.

(c) No elector, except a poll officer, shall re-enter the enclosed space after he has once left it, except to give assistance as provided by this Code.
(d) No person, when within the polling place, shall electioneer or solicit votes for any political party or body or candidate or ques tion, nor shall any written or printed matter be posted up within the said room, except as required by this Code.

(e) All persons, except poll officers, persons in the course of voting, poll watchers, persons lawfully giving assistance to electors, and peace officers, when necessary for the preservation of order, must remain outside the enclosed space during the progress of the voting.
(f) When the hour for closing the polls shall arrive, all electors who have already qualified, and are inside the enclosed space, shall be permitted to vote; and, in addition thereto, all electors who are then in the polling place outside the enclosed space, or then in line outside the polling place, waiting to vote, shall be permitted to do so, if found qualified, but no other persons shall be permitted to vote.

(g) It shall be the duty of the chief manager to secure the observance of the provisions of this Section, to keep order in the polling place, and to see that no more persons are admitted within the enclosed space than are permitted by this Chapter.

Section 34A-1213. Conduct of special elections.--Every special election for the purpose of electing municipal officials or on a ques tion, to be voted on by the electors of the municipality at large, or by the electors of any political subdivision, shall be held and conducted

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in all respects in aceordnace with the provisions of this Code relating to general elections, and the provisions of this Code relating to gen eral elections shall apply thereto, insofar as practicable, and not inconsistent with any other provisions of this Code. All such special elections shall be conducted by the poll officers, by the use of the same equipment and facilities, so far as practicable, as are used for such general elections.

Section 34A-1214. Voting in district of residence only.--Except as provided in Chapter 34A-13, no person shall vote at any primary or election in any polling place outside the election district in which he resides, nor shall he vote in the election district in which he resides, unless he has been registered as an elector and his name appears on the electors list of such election district.

Section 34A-1215. Voters' certificates and electors list to be preserved and open for public inspection.--The voters' certificates shall constitute the official list of electors voting at a primary or election. All voters' certificates prepared by persons applying to vote whose applications to vote are refused by the poll officers shall be separately preserved and returned to the superintendent with the other election papers. After their return by the superintendent and city clerk to the registrars, the voters' certificates and electors lists shall be open for public inspection for a period of one year, after
which they may be destroyed.

B. Procedure for Conducting Elections in Districts Using Paper Ballots.

Section 34A-1216. Opening of polls; posting cards of instruc tions and notices of penalties.-- (a) In districts in which ballots are used, the poll officers shall, after taking the oath, publicly open the ballot boxes which have been furnished to them, and shall, prior to opening of the polls, totally destroy any ballots and other papers which they may find therein which are not intended for use in such primary or election. When the polling place is opened, the ballot box shall be securely locked, and shall not be opened until the close of the polls, as provided in Section 34B-1222. At the opening of the polls the seals of the packages furnished by the superintendent shall be pub licly broken, and such packages shall be opened. The cards of instruc tion shall be immediately posted in each voting compartment, and not less than three (3) such cards and notices of penalties, shall be immediately posted in or about the voting room outside the enclosed
space.

Section 34A-1217. Manner of applying to vote; voter's certifi cates; entries to be made on voter's certificates; numbered lists of voters.-- (a) At every primary and election, each elector who desires to vote shall first execute a voter's certificate and hand the same to the poll officer in charge of the electors list. When an elector has been found entitled to vote, the poll officer who examined his voter's certificate shall sign his name or initials on the voter's certificate, and shall, if the voter's signature is not readily legible, print such voter's name under his signature, and the number of the stub of the ballot issued to him, or his number in the order of admission to the

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voting machines, shall also be entered by a poll officer upon the electors list. As each elector is found to be qualified and votes, the poll officers shall check off the elector's name from the electors list, and shall enter the number of the stub of the ballot issued to him, or
his number in the order of admission to the voting machines, on the voter's certificate of such elector. As each elector votes, his name in the order of voting shall be recorded in the numbered list of voters provided for that purpose.

(b) Any elector who for reason of illiteracy or physical disabil ity is unable to sign his name shall not be required to sign a voter's certificate, but a certificate shall be prepared for him by a poll of ficer, upon which the facts as to such disability shall be noted and attested by the signature of such poll officer.

Section 34A-1218. Admission of voters within enclosed space; procuring of ballot; challenged and spoiled ballots.-- (a) No elector shall enter the enclosed space until he is found entitled to vote.

(b) As soon as an elector has been admitted within the enclosed space, the poll officer having charge of the ballots shall detach a ballot from the stub and give it to the elector, first folding it so that the words and figures printed on the face shall not be visible, and no ballots shall be deposited in the ballot box unless folded in the same manner. If an elector's right to vote has been challenged for cause under the provisions of Section 34B-520 the poll officer shall write the word 'Challenged' and the alleged cause of challenge on the back of the ballot. Not more than one ballot shall be detached from its stub in any book of ballots at any one time. Not more than one ballot shall be given to an elector, but if an elector inadvertently spoils a ballot, he may obtain another upon returning the spoiled one. The ballots thus returned shall be immediately cancelled and at the close of the polls shall be enclosed in an envelope, sealed and returned to the superintendent.

Section 34A-1219. Method of marking and depositing of ballots. -- (a) The elector, after receiving his ballot, shall retire to one of
the voting compartments, and draw the curtain or shut the screen or door, and shall then prepare his ballot.

(b) At primaries, the elector shall prepare his ballot in the following manner: He shall vote for the candidates of his choice for nomination or election, according to the number of persons to be voted for by him, for each office, by making a cross (X) or check (V) mark in the square opposite the name of each candidate. No elector shall be permitted to cast a write-in ballot in a primary.
(c) At elections, the elector shall prepare his ballot in the follow ing manner: He may vote for the candidates of his choice for each office to be filled according to the number of persons to be voted for by him for each office, by making a cross (X) or check (V) mark in the square opposite the name of the candidate, or he may write, in the blank space provided therefor, any name not already printed on the ballot, and such insertion shall count as a vote without the marking of a cross (X) or check (V) mark. If he desires to vote

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1919

for every candidate of a political party or body, he may make a cross (X) or check (V) mark in the square opposite the name of the party or body of his choice in the party or body column on the left of the ballot, and every such cross (X) or check (V) mark shall be equivalent to and be counted as a vote for every candidate of a party or body so marked. In case of a question submitted to the vote of the electors, he may make a cross (X) or check (V) mark in the appropriate square opposite the answer which he desires to give.

(d) Before leaving the voting compartment, the elector shall fold his ballot, without displaying the markings thereon, in the same way it was folded when received by him, and he shall then leave the compartment and exhibit the numbered strip to a poll officer who shall ascertain by an inspection of the number appearing there on whether the ballot so exhibited to him is the same ballot which the elector received before entering the voting compartment. If it is the same, the poll officer shall direct the elector, without unfolding the ballot, to remove the perforated portion containing the number, and the elector shall immediately deposit the ballot in the ballot box. If the ballot is marked 'Challenged', the numbered perforated portion shall not be removed and the ballot shall be deposited with it attached. Any ballot, other than one marked "Challenged", de posited in a ballot box at any primary or election without having such number removed shall be void and shall not be counted.

Section 34A-1220. Ballots to be issued by poll officers only; ballots not to be removed; official ballots only to be deposited or counted.--No official ballot shall be taken or detached from its stub in any book of ballots, except by a poll officer when a person desir ing to vote has been found to be an elector entitled to vote. No per son other than the poll officers shall take or remove any ballot from the polling place. Only official ballots shall be deposited in the ballot box and counted, except as herein otherwise provided. If any ballot appears to have been obtained otherwise than from the super intendent as provided by this Chapter, the same shall not be counted, and the chief manager shall transmit such ballot to the solicitor general without delay, together with whatever information he may have regarding the same.

Section 34A-1221. Duties of poll officers after the close of the polls.--After the polls are closed and the last elector has voted the poll officers shall remain within the enclosed space. Before the ballot box is opened, the number of ballots issued to electors, as shown by the stubs, and the number of ballots, if any, spoiled and returned by electors and cancelled, shall be announced to all present in the voting room, and entered on the returns of votes cast at such primary or election. The poll officers shall then compare the number of electors voting as shown by the stubs with the number of names shown as voting by the electors list, voter's certificates, and the
numbered list of voters, and shall announce the result, and shall
enter on the returns the number of electors who have voted, as
shown by the voter's certificates. If any differences exist, they shall
be reconciled, if possible, otherwise they shall be noted on the
returns.

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Section 34A-1222. Count and return of votes.-- (a) After the polls close at 7:00 P.M. and as soon as all the ballots have been properly accounted for, and all void and unused ballots sealed in separate envelopes, the poll officers shall count the ballots in such manner as to assure that all ballots are tallied by at least two persons. All ballots, after being removed from the box, shall be kept within the unobstructed view of all persons in the voting room until replaced in the box and shall not be removed from the polling place until the counting is completed and the returns made.

(b) When all the ballots shall have been counted and tallied, the poll officers shall certify to the number of votes cast for each person and question, and shall prepare in ink in triplicate a return, showing the official count as to all offices and questions, the total number of ballots received from the superintendent, the number of ballots cast, the number of ballots declared void, and the number of ballots spoiled and cancelled, and any blank ballots cast.
(c) In returning any votes cast for any person whose name is not printed on the ballot, the poll officers shall record any such names exactly as they were written on the ballot.
Section 34A-1223. What ballots shall be counted; manner of counting; defective ballots.-- (a) Any ballot marked so as to iden tify the voter shall be void and not counted, except a ballot cast by a challenged elector whose name appears on the electors list; such challenged vote shall be counted as prima facie valid but may be voided in the event of an election contest. Any ballot marked by anything but pen or pencil shall be void and not counted. Any erasure, mutilation or defect in the vote for any candidate shall render void the vote for such candidate, but shall not invalidate the votes cast on the remainder of the ballot, if otherwise properly marked. If an elector shall mark his ballot for more persons for any nomination or office than there are candidates to be voted for for such nomination or office, or if, for any reason, it may be impossible to determine his choice for any nomination or office, his ballot shall not be counted for such nomination or office, but the ballot shall be counted for all nominations or offices for which it is properly marked. Ballots not marked, or improperly or defectively marked, so that the whole ballot is void, shall be set aside and shall be preserved with the other ballots.
(b) Any ballot marked by any other mark than a cross (X) or check (V) mark in the spaces provided for that purpose shall be void and not counted; provided, however, that no vote recorded thereon shall be declared void because a cross (X) or check (V) mark thereon is irregular in form. Notwithstanding any other pro visions of this Code to the contrary, if the voter has marked his ballot in such a manner that he has indicated clearly and without question the candidate which he desires to receive his vote, his ballot shall be counted and such candidate shall receive his vote, notwith standing the fact that the ballot may have been marked in a manner other than as prescribed by this Code.

(c) At elections, a cross (X) or check (V) mark in the square opposite the name of a political party or body in the party or body

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1921

column shall be counted as a vote for every candidate of that party or body so marked Any erasure, mutilation or defective marking of the straight party or body column at general elections shall render the entire ballot void, unless the elector has properly indicated his choice for candidates in any other column, in which case the vote or votes for such candidates only shall be counted. At elections, a ballot indicating a write-in vote for any person whose name is not printed on the ballot, shall be counted as a vote for such person, if written in the proper space or spaces provided for that purpose, whether or not a cross (X) or check (V) mark is placed before the name of such person.

Section 34A-1224. Signing and disposition of returns, electors list and voter's certificates; posting; return of ballot boxes.-- (a) Immediately after the vote has been counted the returns shall be signed by the poll officers. If any poll officer shall refuse to sign or certify the returns, he shall write his reasons therefor upon the return sheets.

(b) One counterpart of such returns shall be immediately posted outside of the polling place for the information of the public. This counterpart shall be removed on the afternoon of the following day and filed in the office of the superintendent.

(c) A second counterpart of such returns, together with the used, unused and void ballots and the stubs of all the ballots used, the tally papers, oaths of poll officers, the electors list, and num bered list of voters, shall be sealed in a separate envelope addressed to the city clerk and bearing a list of its contents on the outside. The electors list shall be returned to the registrars at the time the ballots, unused and void ballots, tally papers and stubs are destroyed by the city clerk. This envelope, together with an unsealed third counter part of such returns, the ballot boxes and other election supplies, shall be immediately delivered by the managers into the custody of the superintendent.

(d) The voter's certificates, rejected voter's certificates and oaths of assisted voters shall be sealed in a separate envelope addressed to the registrars and bearing a list of its contents on the outside. This envelope shall be immediately delivered by the man agers into the custody of the superintendent.

C. Procedures for Conducting Elections in Districts Using Voting Machines.

Section 34A-1225. Opening of polls; examination of voting ma chines.-- (a) (i) In districts in which voting machines are used, at the opening of the polls, the seals of the package furnished by the superintendent shall be publicly broken, and such package shall be opened by the chief manager. Not less than three cards of instruc tion and notices of penalties, and not less than two diagrams of the face of the machine shall be immediately posted in or about the voting room outside the enclosed space. Thereupon the managers, before opening the envelope containing the keys which unlock the

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operating mechanism and registering counters or counter compart ment of the voting machine, shall examine the number of the seal on the machine and the number registered on the protective counter or device, and shall see whether they are the same as the numbers writ ten on the envelope containing the keys. If either number shall be found not to agree, the envelope shall remain unopened until the poll officers shall have notified the proper custodian of voting machines, or the superintendent shall have presented himself at the polling place for the purpose of re-examining the machine, and shall have certified that it is properly arranged. But if the numbers on the seal and the protective counter or device shall both be found to agree with the numbers on the envelope, the envelope shall be opened, and where the voting machine provided is not equipped with mechanism for printing paper proof sheets, the poll officers shall examine the registering counters, and, for that purpose, shall open the doors concealing such counters, if the construction of the voting machine shall so require, and, before the polls are opened, each manager shall carefully examine every counter, and shall see that it registers zero (000). When the voting machine provided is equipped with mecha nism for printing paper proof sheets, and requires the simultaneous use of three keys to unlock the registering counters or counter com partment, the chief manager shall deliver one of the two keys, aforesaid, to an assistant manager to be retained by him as herein after provided, and shall then print at least two proof sheets, one of which each manager shall carefull examine to ascertain whether every counter registers zero (000), and shall then preserve such proof sheets to be signed by them and returned to the superinten dent, with the return sheet, and shall sign and post the other proof sheet upon the wall of the polling place, where it shall remain until the polls are closed. The key delivered by the chief manager to such assistant manager as aforesaid, shall be retained by him until the polls have been closed, and the voting and counting mechanism of the machine shall have been locked and sealed against voting, and shall then be returned to the chief manager, for return by him to the superintendent as hereinafter provided.

(ii) If the ballot labels containing the names of officers, politi cal parties and bodies, candidates and questions, shall not be in their proper places on the voting machine, the poll officers shall immedi ately notify the proper custodian of voting machines, or the super intendent, and the machine shall not be used until the custodian, or some other person authorized by the superintendent, shall have supplied ballot labels, as herein prescribed. If the ballot labels for a voting machine shall not be delivered at the time required, or if after delivery, they shall be lost, destroyed or stolen, the superintendent or custodian shall cause other ballot labels to be prepared, printed or written, as nearly in the form of the official ballot labels as prac ticable, and shall cause such ballot labels to be used in the same man ner, as nearly as may be, as the official ballot labels would have been used.

(iii) The managers shall sign a certificate showing: (1) the identifying number or other designation of the voting machine; (2) the delivery of the keys in a sealed envelope; (3) the number on the seal upon the machine; (4) the number registered on the protective counter or device; (5) that all of the counters were set at zero

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1923

(000) ; and (6) that the ballot labels are properly placed in the machine, which certificate shall be returned by the chief manager to the superintendent with the other certificates, as hereinafter provided.

(iv) The machine shall remain locked against voting until the polls are opened, and shall not be operated except by electors in voting. If any counter is found not to register zero (000), the poll officers shall immediately notify the custodian, or the superinten dent who shall, if practibale, adjust or cause the counters to be adjusted at zero (000), but, if it shall be found impracticable for the custodian or other person authorized by the superintendent to arrive in time so to adjust such counters before the time set for opening the polls, the poll officers shall immediately make a written record of the designation or designating letter or number of such counter, together with the number registered thereon (herein below called the initial number) and shall sign and post the same upon the wall of the polling place, where it shall remain until the polls are closed; pro vided, however, that if the voting machine used is equipped with mechanism for printing paper proof sheets, in any case where any counter is shown by such proof sheet not to register zero (000), if it shall be found impracticable to have such counter adjusted before the time set for opening the polls, the poll officers shall sign such printed proof sheet and post the same upon the wall of the polling place where it shall remain until the polls are closed; and, in filling out the returns of the election, if the final number of such counter is greater than the initial number the poll officers shall subtract the initial number from the final number, and enter the difference on the returns as the vote for the candidate or on the question repre sented by such counter; if the final number of such counter is less than the initial number, the poll officers shall add one thousand to the final number and shall subtract the initial number from the sum so ascertained, and shall enter upon the returns as the vote for the candidate or on the question represented by such counter the final number plus one thousand less the initial number.

(v) The exterior of the voting machine, and every part of the polling place, shall be in plain view of the poll officers. The voting machine shall be located at the polling place, at least six feet back of the guard rail or barrier, in such a position that, unless its con struction shall require otherwise, the ballot labels on the face of the machine can be seen plainly by the poll officers when the machine is not occupied by an elector.

(vi) The poll officers shall not themselves be, nor allow any other person to be, in any position that will permit any one to see or ascertain how an elector votes, or how he has voted. A poll officer shall inspect the face of the machine at frequent intervals to see that the ballot labels are in their proper places, and that the machine has not been injured of tampered with.

(vii) During a primary or election, the door, or other covering of the compartment containing the counters of the machine shall not be unlocked or opened, or the counters exposed, except by action of the proper custodian of voting machines, for good and sufficient

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reason, a statement of which shall be made in writing and signed by him and attested by the signatures of the poll officers, or except upon the written order of the ordinary, for good and sufficient reason, which shall be stated in the order.

Section 34A-1226. Manner of applying to vote; voter's certifi cates; entries to be made on voter's certificates; numbered list of voters.-- (a) At every primary and election, each elector who desires to vote shall first execute a voter's certificate and hand the same to the poll officer in charge of the electors list. When an elector has been found entitled to vote, the poll officer who examined his voter's certificate shall sign his name or initials on the voter's certificate, and shall, if the voter's signature is not readily legible, print such voter's name under his signature, and the number of the stub of the ballot issued to him, or his number in the order of admission to the voting machines, shall also be entered by a poll officer upon the electors list. As each elector is found to be qualified and votes, the poll officers shall check off the elector's name on the electors list, and shall enter the number of the stub of the ballot issued to him, or his number on ithe order of admission to the voting machines, on the voter's certificate of such elector. As each elector votes, his name in the order of voting shall be recorded in the numbered list of voters provided for that purpose.

(b) An elector who for reason of illiteracy or physical disability is unable to sign his name shall not be required to sign a voter's certificate, but a certificate shall be prepared for him by a poll officer, upon which the facts as to such disability shall be noted and attested by the signature of such poll officer.

Section 34A-1227. Admission of voters within enclosed space; challenged ballot; instructions for voting in primaries and elections; write-in votes.-- (a) No elector shall enter the enclosed space until he is found entitled to vote, after which he shall be admitted to the voting machine booth as soon as it is vacant, and shall be permitted to vote.
(b) If an elector's right to vote has been challenged pursuant to Section 34A-520, the elector shall not be permitted to vote on the voting machine, but shall vote by ballot in the manner prescribed by this Code.
(c) At primaries, before an elector is admitted to the voting machine, it shall be adjusted by the poll officer in charge thereof, so that such elector will only be able to vote for the candidates of the party in whose primary he is then participating.

(d) At primaries, he shall vote for each candidate individually by operating the key, handle, pointer or knob, upon or adjacent to which the names of candidates of his choice are placed. At election, he may vote for each candidate individually by operating the key, handle, pointed or knob, upon or adjacent to which the names of candidates of his choice are placed, or he may vote a straight politi cal party or body ticket in one operation by operating the straight

MONDAY, FEBRUARY 26, 1968

1925

political party or body lever of the political party or body of his choice. He may also, after having operated the straight party or body lever, and before recording his vote, cancel the vote for any candidate of such political party or body by replacing the individual key, handle, pointer or knob of such candidate, and may thereupon vote for a candidate of another party or body for the same office by operating the key, handle, pointer or knob, upon or adjacent to which the name of such candidate appears. In the case of a question submitted to the vote of the electors, the elector shall operate the key, handle, pointer or knob corresponding to the answer which he desires to give.

(e) An elector may, at any election, vote for any person for any office, for which office his name does not appear upon the voting machine as a candidate, by a write-in ballot, containing the name of such person, deposited, written or affixed (but not by the use of a sticker or paster) in or upon the appropriate receptacle or device provided in or on the machine for that purpose, and in no other manner. Where two or more persons are to be elected to the same office, and the name of each candidate is placed upon or adjacent to a separate key, handle, pointer or knob, and the voting machine requires that all write-in ballots voted for that office be deposited, written or affixed in or upon a single receptacle or device, an elector may vote in or by such receptacle or device for one or more persons whose names do not appear upon the machine, with or without the name of one or more persons whose names do so appear. With these exceptions, no write-in ballot shall be cast on a voting machine for any person for any office, whose name appears on the machine as a candidate for that office, and any ballot so cast shall be void and not counted.

(f) As soon as the elector has adjusted the voting machine so that it will record his choice for the various candidates to be voted for, and his answers to the various questions submitted he shall operate the recording mechanism, and immediately leave the voting machine booth.
Section 34A-1228. Duties of poll officers after the close of the polls.--As soon as the polls are closed and the last elector has voted, the poll officers shall immediately lock and seal the operating lever or mechanism of the machine, so that the voting and counting mecha nism will be prevented from operation, arid they shall then sign a certificate stating: (i) that the machine has been locked against voting and sealed; (ii) the number, as shown on the public counter; (iii) the number on the seal which they have placed upon the ma chine; (iv) the number registered on the protective counter or device; and (v) the number or other designation of the voting machine, which certificate shall be returned by the chief manager to the superintendent with the other certificates, as herein provided. The poll officers shall then compare the number, as shown by the public counter of the machine, with the number of names appearing on the numbered list of voters, the electors list and voter's certifi cates.
Section 34A-1229. Canvass and return of votes in districts in which voting machines are used.-- (a) If the type of voting machine

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provided shall require the counters to be seen in order to enable the poll officers to canvass the vote, the poll officers, in the presence of all persons within the polling place, shall then unlock the doors or other covering and make visible the registering counters. If the voting machine is equipped with mechanism for printing proof sheets, the poll officers shall forthwith print not less than four proof sheets. The chief manager and an assistant manager shall then, under the scrutiny of the other assistant manager, and in the order of the officers as their titles are arranged on the machine, read from the counters or from one of the proof sheets, as the case may be, and announce, in distinct tones, the designation or designating number and letter on each counter for each candidate's name, the result as shown by the counter numbers, the votes recorded for each office for persons other than nominated candidates, and the designation or designating numbers and letters on each counter, and the results as shown by the counter numbers for and against each question voted on.

(b) The official count for all offices and all questions shall be entered by the poll officers, in ink, in triplicate, on return sheets. There shall also be entered on the return sheet the number of elec tors who have voted, as shown by the numbered list of voters, elec tors list, and voter's certificates, and the number on each machine, as shown by the public counters, and also the number registered on the protective counter or device on each machine immediately prior to the opening of the polls and immediately after the closing thereof and sealing of the machine. The number or other designation of each machine used shall also be entered thereon. In the case of primaries, return sheets shall be prepared as for other elections. The registering counters of the voting machine or the paper proof sheets, as the case may be, shall remain exposed to view until the said returns, and all other reports have been fully completed and checked by the poll officers. During such time, any candidate or his representative who may desire to be present shall be admitted to the polling place.
(c) The proclamation of the result of the votes cast shall be announced distinctly and audibly by a poll officer who shall read the name of each candidate, the designation of designating numbers and letters of his counters, and the vote registered on each counter, also the vote cast for and against each question submitted. After any necessary corrections shall have been made by poll officers, the doors or other cover of the voting machine shall be closed and locked. The chief manager shall promptly deliver to the superintendent, or his representative, the keys of the voting machine, enclosed in a sealed envelope, if the construction of the voting machine shall permit their separate return. Such envelope shall have endorsed thereon a certificate of the poll officers, stating the number of the machine, the election district where it has been used, the number on the seal, and the number on the protective counter or device at the close of the polls.
(d) The poll officers, on the foregoing returns, shall record any votes which have been cast by means of a write-in ballot for a person whose name is not printed on the ballot labels, such names to be recorded exactly as written.

MONDAY, FEBRUARY 26, 1968

1927

(e) After the canvass is completed, the return sheets shall be signed by the poll officers. If any poll officer shall refuse to sign or certify the return sheets, he shall write his reasons therefor upon such sheets.

Section S4A-1230. Disposition of returns, elector's list, voters certificates and other papers; posting.--The return sheets shall be printed to conform with the type of voting machine used, and in form approved by the governing authority. The designating number and letter, if any, on the counter for each candidate, shall be printed thereon opposite the candidate's name.

(b) One counterpart of the district returns shall be immediately posted out side of the polling place for the information of the public. If the type of voting machine used in the district is equipped with mechanism for printing paper proof sheets, one of such proof sheets shall also be posted outside of the polling place. The counterpart of the returns and the paper proof sheet, if any, shall be removed on the afternoon of the following day and filed in the office of the superintendent.

(c) A second counterpart of the district returns, together with the write-in ballots, one or more of the paper proof sheets (if the type of voting machine used is equipped with mechanism for print ing them) oaths and certificates of poll officers, the electors list, and the numbered list of voters, shall be sealed in a separate envel ope addressed to the city clerk and bearing a list of its contents on the outside. The envelope, together with an unsealed third counter part of such returns and other election supplies, shall be immediately delivered by the managers into the custody of the superintendent. The electors list shall be returned to the registrar at the time the other election return sheets, numbered list of voters, and oaths are destroyed by the city clerk.

(d) The voter's certificates, rejected voter's certificates and oaths of assisted voters shall be sealed in a separate envelope addressed to the board of registrars and bearing a list of its contents on the outside. This envelope shall be immediately delivered by the managers into the custody of the superintendent.

Section 34A-1231. Removal and storage of voting machines.-- As soon as possible after the completion of the count in districts in which voting machines are used, the superintendent shall have the voting machines removed to the place of storage. The voting ma chines shall remain locked against voting for the period of ten (10) days next following each primary and election, and as much longer as may be necessary or advisable because of any existing or threat ened contest over the result of the primary or election, with due regard for the date of the next following primary or election, except that they may be opened and all the data and figures therein exam ined under the provisions of this Code, by order of any superior court of competent jurisdiction, and such data and such figures shall be examined by such committee in the presence of the officer having the custody of such machines.

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D. Procedures for Conducting Elections in Districts Using Vote Recorders.

Section 34A-1232. Opening of polls; manner of voting; spoiled ballots; challenged ballot; inspection of ballot labels; damaged re corders.-- (a) In districts in which vote recorders are used, the procedure for opening the polls and for an elector to obtain a ballot card, to record his vote thereon, and to deposit his ballot card in the ballot box, shall conform to the procedure herein prescribed for paper ballots insofar as practicable.

(b) If an elector spoils or defaces a ballot card or write-in ballot, he shall place it in the envelope and return it to the managers and receive another. A manager shall immediately cancel the spoiled ballot card by writing the word 'spoiled' across the envelope in ink, and shall place the envelope, with the ballot card inside, in the con tainer for spoiled ballots.

(c) After marking the ballot card, the elector shall then leave the compartment and exhibit his ballot card number strip to a poll officer. The elector, unless his vote is 'challenged', shall remove the number strip in the presence of a poll officer before depositing the ballot card in the ballot box. If the vote is 'challenged', then the ballot card with the number strip attached shall be placed in an envelope provided for that purpose which envelope shall be marked 'challenged'.
(d) The poll officers shall, from time to time, inspect the face of each vote recorder and the ballot labels to determine that the recorder and the ballot labels have not been damaged or tampered with.
(e) If any vote recorder becomes damaged so as to render it inoperative in whole or in part, the chief manager shall promptly notify the superintendent or custodian, who shall have such vote recorder repaired or replaced.

Section 34A-1233. Duties of poll officers after the close of the polls in districts in which vote recorders are used.--As soon as the polls are closed and the last elector has voted in election districts in which vote recorders are used, the poll officers shall:

(a) Place the vote recorders under lock or seal;

(b) Count and record on return sheets, in ink, in triplicate, the

number of persons voting as shown on the numbered list of voters,

the number of ballots unused, the number of ballots issued to elec-

;

tors as shown by the stubs, and the number of ballots spoiled and

returned by electors and cancelled. If any differences exist, they

shall be reconciled if possible; otherwise, they shall be noted on the

returns.

(c) As soon as all votes have been accounted for, the unused and void, spoiled, or cancelled ballots shall be sealed in separate envel opes with number noted on outside.

MONDAY, FEBRUARY 26, 1968

1929

(d) Open each ballot box and count the number of ballots cast;

(e) Examine the ballot cards and separate the write-in ballots for later counting;

(f) Place ballot cards in the ballot container to be taken to the tabulating machine center or centers as designated by the super intendent ;

(g) Record in ink the designation of the polling place and a serial number on all write-in ballots, starting with the number one, and place the same number on the ballot card voted by the same elector, so that write-in ballots may be identified with the corres ponding ballot cards;

(h) Examine each write-in vote to ascertain whether it is valid by checking with the vote cast on the ballot card by the same elector; and if any vote cast on the write-in ballot, in combination with the vote cast for the same office on the ballot card, exceeds the allowed number for the office, the entire vote cast for that office shall be marked void and shall not be counted; and the ballot card of such elector shall be returned to the envelope, on which shall be written a notation that the vote or votes cast for the office concerned are invalid because they exceed the number allowed by law; and the write-in ballot and the ballot card of such elector shall be returned with the defective ballot cards to the tabulating machine center, where a duplicate ballot card shall be made on which any invalid vote shall be omitted;

(i) After the write-in ballots have been counted and the returns prepared, the write-in ballots shall be placed in an envelope marked 'Write-in Ballots' and the designation of the polling place and the number of write-in ballots contained therein shall be placed on such envelope, which shall be sealed and signed by the managers; and such envelope shall then be placed in the ballot container with the other ballot cards;

(j) Any ballot card that is so torn, bent or mutiliated that it may not be counted by the tabulating machine, shall be placed in an envelope marked 'Defective Ballots' and placed in the container with other ballot cards; and

(k) In the event that paper ballots are used in conjunction with ballot cards, the counting of the paper ballots shall be con ducted as provided by this Code.

Section 34A-1234. Return in districts in which vote recorders are used.-- (a) Upon completion of the count of write-in votes, the managers shall prepare and sign a return, in triplicate, showing: (i) the number of valid ballot cards, including any that are dam aged; (ii) the number of write-in ballots voted, and the tally of the write-in votes; (iii) the number of spoiled and invalid ballot cards; and (iv) the number of unused ballot cards; the votes cast as listed in Section 34A-1233 (b) of this Code.

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(b) One counterpart of such returns shall be immediately posted outside of the polling place for the information of the public. This counterpart shall be removed on the afternoon of the following day and filed in the office of the superintendent.

(c) A second counterpart of the district returns, together with the used, unused and invalid ballot cards and the stubs of all ballot cards used, the write-in ballots, tally papers, oaths of poll officers, the electors list, and the numbered list of voters, each enclosed in separate envelopes (except that the tally papers, oaths and lists may be enclosed in the same envelope), shall be placed in the ballot card container which shall be sealed and signed by the managers so that it cannot be opened without breaking the seal. The ballot card con tainer and other election supplies, shall be immediately delivered by the managers to the tabulating machine center, or other place desig nated by the superintendent, who shall receive a receipt therefor. The superintendent shall be responsible for the return of the vote recorders to the custodian as soon as practicable.

(d) The voter's certificates, rejected voter's certificates and oaths of assisted voters shall be sealed in a separate envelope addressed to the board of registrars and bearing a list of its con tents on the outside. This envelope shall be immediately delivered by the managers into the custody of the superintendent.

Section 34A-1235. Procedures at the tabulating center.-- (a) (i) In primaries and elections in which vote recorders have been used, the ballot cards shall be counted at one or more tabulating machine centers under the direction of the superintendent. All per sons who perform any duties at the tabulating machine center shall be deputized by the superintendent, and only persons so deputized shall touch any ballot card, container, paper, or machine utilized in the conduct of the count, or be permitted to be inside the area designated for officers deputized to conduct the count. All proceed ings at a tabulating machine center shall be open to the view of the public, but no person except one employed and designated for the purpose by the superintendent or his authorized deputy shall touch any ballot cards or ballot card container.

(ii) At the tabulating machine center the seal on each con tainer of ballot cards shall be inspected and certified that it has not been broken before the container is opened. The ballot cards and other contents of the container shall then be removed, and the ballot cards shall be prepared for processing by the tabulating machine. The ballot cards of each polling place shall be plainly identified and not comingled with the ballot cards of other polling places.

(iii) If it appears that a ballot card is so torn, bent, or other wise defective that it cannot be processed by the tabulating ma chine, the officer in charge of the tabulating machine shall have a true duplicate copy prepared for processing with the ballot cards of the same polling place, which shall be verified in the presence of a witness. All duplicate cards shall be clearly labeled by the word 'Duplicate' and shall bear the designation of the polling place and

MONDAY, FEBRUARY 26, 1968

1931

a serial number, which shall also be recorded on the defective card. Any ballot card returned by the managers with the notation that the votes cast for a particular office are invalid shall, after in spection, be duplicated in the same manner, except that the invalid vote shall not be recorded on the duplicate ballot.

(iv) The official returns of the votes cast on ballot cards at each polling place shall be printed by the tabulating machine, to which shall be added the votes of absentee electors and write-in votes. The returns thus prepared shall be certified and promptly posted as provided by this Code for paper ballots. The official re turns for the primary or election may be printed by the tabulating machine, to which are added the tally of write-in and absentee votes, and shall be canvassed and certified as provided by this Code. The ballot cards, write-in ballots, spoiled, defective and in valid ballot cards and returns shall be filed and retained in the same manner as provided by this Code for paper ballots.

Chapter 34A-13. Absentee Voting.

Section 34A-1301. Application.--The provisions of this Chapter shall apply to municipal primaries, elections or bond elections if the governing authority elects to use absentee ballots.
Section 34A-1302. Definition of 'absentee elector'.--The words 'absentee elector', when used in this Chapter, shall mean, unless otherwise clearly apparent from the context, an elector of the municipality who is required to be absent from said municipality during the time of the primary or election in which he desires to vote or who because of physical disability will be unable to be present at the polls on the day of such primary or election.
Section 34A-1303. Appointment of absentee ballot clerk.--The governing authority of a municipality electing to use absentee bal lots shall appoint an absentee ballot clerk, who may be the county registrar, municipal registrar, or any other designated official and who shall perform duties set forth in this Code.

Section 34A-1304. Application for ballot; time limitation on application.-- (a) Any absentee elector or, upon satisfactory proof of relationship, his mother, father, aunt, uncle, sister, brother, spouse, or daughter or son of the age of eighteen or over, may make an application to the absentee ballot clerk for an official bal lot of the elector's district to be voted at such primary or election. The application shall be in writing and shall contain the name and residence address of the elector, the address to which he desires to have the ballot mailed, the identity of the primary or election in which he desires to vote, and such other information as the absentee ballot clerk may require. In the case of an elector in the active armed forces of the United States, his rank, branch of service and serial number shall also be included in the application.

(b) An elector applying for an absentee ballot on the ground of his physical disability shall accompany his application with a

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certificate of a licensed attending physician, hospital administrator or a Christian Science practitioner to the fact that such elector because of physical disability will be unable to be present at the polls on the day of primary or election.

(c) A ballot shall not be mailed to an applicant whose applica tion is received within a period of five (5) days prior to the primary or election and whose mailing address is located over three hundred (300) miles from the main office of the absentee ballot clerk; and provided further, that no absentee ballot shall be mailed by the absentee ballot clerk on the day prior to a primary or elec tion. The date a ballot is mailed or delivered to an elector and the date it is returned shall be entered on the application therefor.

Section 34A-1305. Official absentee ballots and envelopes; affidavit and jurat.-- (a) The ballots shall be marked 'Official Absentee Ballot' and shall be in substantially the form for ballots required by Chapter 34A-10, which form shall be determined and prescribed by the superintendent.

(b) The superintendent shall provide two additional envelopes for each official absentee ballot, the smaller of which shall have printed thereon the words 'Official Absentee Ballot', and nothing else. On the back of the larger envelope shall be printed the form of affidavit of the elector, together with the form of jurat of the person in whose presence the ballot is marked and before whom the affidavit is made, and on the fact of such envelope shall be printed the name and address of the absentee ballot clerk. The mail ing envelope addressed to the elector shall contain the two afore mentioned envelopes, the official absentee ballot, the uniform in structions for the manner of preparing and returning the ballot, in form and substance as provided by the superintendent, and nothing else.

(c) The affidavit and jurat referred to in Subsection (b) shall be in substantially the following form:

I, the undersigned, do swear (or~^ affirm) that I am a citizen of the United States and of the State of Georgia; that my residence

address is _........._._._...________________._.__._., _._..___...._..,,.......,,.,

(street and number)

(municipality)

Georgia, that I possess the qualifications of an elector required by the laws of the State of Georgia; that I am entitled to vote in the election district containing my residence in the primary or election in which this ballot is to be cast; that I am eligible to vote by absentee ballot; that I have not marked or mailed any other absentee ballot, nor will I mark or mail another absentee ballot, for voting in such primary or election, nor shall I vote therein in person; and that I have read and understood the instruc tions accompanying this ballot and that I have carefully complied with such instructions in completing this ballot.

Signature of Affiant

MONDAY, FEBRUARY 26, 1968

1933

Sworn to and subscribed before me this day. I hereby certify that I have read and understand the instructions accompanying this ballot and that the above affiant and I have carefully complied with such instructions in preparing the enclosed ballot; and that the affiant was not solicited or advised by me to vote for or against any candidate or question.

This, the ___.._.... day of _,,,,-,,_-.._..,,,,_......__.,,_........, 19 ______

Signature of official

Official title.
Section 34A-1306. Duties of superintendent and absentee ballot clerk; mailing or delivery of ballot; master list for public inspec tion.-- (a) The superintendent shall, as soon as practicable prior to each primary or election, prepare and deliver an adequate supply of official absentee ballots, envelopes and other supplies as required by this Chapter, to the absentee ballot clerk for use in the primary or election.
(b) The absentee ballot clerk, upon receipt of a timely applica tion, shall enter thereon the date received and shall determine if the applicant is eligible to vote in the primary or election involved. If found eligible, the absentee ballot clerk shall grant the applica tion and mail or deliver the ballot as hereinafter provided. If found ineligible, the absentee ballot clerk shall deny the application and promptly notify the applicant in writing of the ground of his ineligibility.
(c) Each absentee ballot clerk shall maintain for public in spection a master list, arranged by election districts, setting forth the name and residence of every elector to whom an official absentee ballot has been sent.
Section 34A-1307. Voting by absentee electors.-- (a) At any time after receiving an official absentee ballot, but before the day of the primary or election, the elector, for the purpose of voting, may appear: (i) while within the confines of a post office, before a postmaster of the United States or a postal employee designated by a postmaster; (ii) before any commissioned officer of the active armed services of the United States if the elector is a member of such service or if the elector is the spouse or dependent of a mem ber of such service; (iii) before any consul of the United States or his assistant; (iv) before a registrar or deputy registrar of the county or municipality of the elector's residence; or (v) be fore the registrar or any authorized deputy registrar of any col lege or university. The elector shall first display the ballot to such person as evidence that the same is unmarked, and then shall pro ceed to mark the ballot with pen or pencil, in the presence of such person, but in such manner that the person administering the oath is unable to see how the same is marked, and then fold the ballot,

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enclose and securely seal the same in the envelope on which is printed 'Official Absentee Ballot'. This envelope shall then be placed in the second one, on which is printed the form of affidavit of the elector, the form of jurat of the person before whom the elector appears, and the address of the elector's absentee ballot clerk. The elector shall then fill out, subscribe and swear to the affidavit printed on such envelope, and the jurat shall be subscribed
and dated by the person before whom the affidavit was taken. Such envelope shall then be securely sealed and the elector shall then mail or personally deliver same to the absentee ballot clerk.

(b) A physically disabled elector may receive assistance in the preparing and mailing of his ballot from the person administer ing the oath when the disability makes such assistance necessary. An illiterate elector may also receive such assistance.

(c) Anything in this Code to the contrary notwithstanding, a physically disabled elector may appear before any notary public of the State of Georgia for the purpose of voting an absentee ballot which he has received on the ground of physical disability.

Section 34A-1308. Keeping and depositing ballots.-- (a) The ab sentee ballot clerk shall keep safely and unopened all official ab sentee ballots received from absentee electors prior to the closing of the polls on the day of the primary or election. Upon receipt of
each ballot, the absentee ballot clerk shall write the day and hour of the receipt of the ballot on its envelope. All absentee ballots returned to the clerk after the closing of the polls on the day of primary or election shall be safely kept unopened by the clerk for the period of time required for the preservation of ballots used at the primary or election, and shall then without being opened, be destroyed in like manner as the used ballots of the primary or election.

(b) After the close of the polls on the day of the primary or election the absentee ballot clerk shall deliver the official ab
sentee ballot of each elector to the managers in charge of the poll ing place designated by the superintendent.

Section 34A-1309. Examination of affidavit and jurat by poll managers; rejected ballots; challenged ballots.-- (a) The poll man agers shall examine the affidavit and jurat of each envelope. If the managers are satisfied that the affidavit and jurat are sufficient and that the absentee elector is otherwise qualified to vote, the managers shall record on their numbered list of votes the name of the elector having so voted. A manager shall then open the envelope in such manner as not to destroy the affidavit and jurat printed thereon and shall deposit the inner envelope, marked "Of ficial Absentee Ballot', in a ballot box reserved for absentee ballots.

(b) If the managers shall find that the affidavit or jurat is insufficient or that the absentee elector is otherwise disqualified to vote, the envelope shall not be opened and a poll officer shall write across the face of the envelope, 'Rejected', giving the reason

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1935

therefor, and the absentee ballot clerk promptly notify the elector of such rejection.
(c) If an absentee elector's right to vote has been challenged for cause, a poll officer shall open the envelope and write 'Chal lenged', the elector's name and the alleged cause of challenge on the back of the ballot, without disclosing the markings on the face thereof, and shall deposit the ballot in the ballot box. The absentee ballot clerk shall promptly notify the elector of such challenge.

Section 34A-1310. Ballots of deceased electors.--Whenever it shall be made to appear by due proof to the managers that an ab sentee elector who has marked and forwarded or delivered his ballot as provided in this Chapter has died prior to the opening of the polls on the day of the primary or election, then the ballot of such deceased elector shall be returned by the managers in the same manner as provided for rejected ballots.

Section 34A-1311. Cancellation of ballots of electors present during primaries and elections.--Whenever an elector (other than one whose physical disability prevents his attendance at the polls) is present in the municipality during the time the polls are open in any primary or election for which he has returned an absentee ballot for voting, such elector shall immediately appear in person before the absentee ballot clerk and shall request in writing that the envelope containing his absentee ballot be marked 'Cancelled'. The absentee ballot clerk, after having satisfied himself as to the identity of such elector, shall thereupon grant the request and shall notify the managers of his election district as to such action so as to permit him to vote in person in his district. Canceled absentee ballots shall remain sealed in their envelopes and shall be disposed of in the same manner as Section 34B-1308 (a) provides for ab sentee ballots returned too late to be cast.

Section 34A-1312. Postage; air mail.--The postage required for mailing ballots to absentee electors, as provided in this Chapter, shall be paid by the municipality, except in cases where free mail delivery is furnished by the Federal Government. The absentee ballot clerk shall employ air mail in cases where it will facilitate voting by absentee electors.

Section 34A-1313. Custody of records; disposition of unused ballots and envelops.--All official absentee ballots, applications for such ballots, and envelopes on which the forms of affidavits and jurats appear, shall be delivered to the city clerk upon the conclu sion of the primary or election and safety kept by him for the period required by law and then shall be destroyed. On the day fol lowing the primary or election, the absentee ballot clerk shall de stroy all unused absentee ballots and shall return to the superin tendent all unused envelopes for transmitting such ballots.

Chapter 34A-14. Returns of Primaries and Elections.

Section 34A-1401. Office of superintendent to remain open dur ing primaries and elections and until receipt of ballots from pre-

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cinct.--Each superintendent shall cause his office to remain open during the entire duration of each primary and election, and after the close of the polls, until all the ballot boxes and returns have been received in the office of the superintendent, or received in such other place as has been designated by him.

Section 34A-1402. Returns to be open to public inspection; exceptions.--The returns from the various districts which have been returned unsealed shall be open to public inspection at the office of the superintendent as soon as they are received from the chief managers. None of the envelopes sealed by poll officers and en trusted to the chief manager for delivery to the superintendent shall be opened by any person, except by the order of the superintendent, or of a court of competent jurisdiction.

Section 34A-1403. Place of meeting for computation of votes; notice; papers to be prepared; assistants to be sworn.--The super intendent shall arrange for the computation and canvassing of the returns of votes cast at each primary and election at his office or at some other convenient public place in the municipality. An inter ested candidate or his representative shall be permitted to keep or check his own computation of the votes cast in the several elec tion districts as the returns from the same are read. The superin tendent shall give at least one week's notice prior to the primary or election by publishing same in a conspicuous place in the city hall, of the time and place when and where he will commence and hold his sessions for the computation and canvassing of the re turns, and keep copies of such notice posted in his office during such period. The assistants of the superintendent in the computa tion and canvassing of the votes shall be first sworn by the super intendent to perform their duties impartially and not read, write, count or certify any return or vote falsely or fraudulently.

Section 34A-1404. Computation of returns by superintendent; certification.-- (a) The superintendent shall, at or before noon on the day following the primary or election, publicly commence the computation and canvassing of the returns, and continue the same from day to day until completed, in the manner hereinafter pro vided. Upon the completion of such computation and canvassing, the superintendent shall tabulate the figures for the entire munici pality and sign, announce and attest the same.

(b) The superintendent, before computing the votes cast in any election district, shall compare the registration figure with the certificates returned by the poll officers showing the number of persons who voted in each district or the number of ballots cast. It shall be the responsibility of the superintendent to record the number of votes cast, unused ballots, spoiled ballots, cancelled bal lots and ballot stubs. If in dispute or error, it shall also be his responsibility to investigate and to make a determination as to the validity of the votes cast. Such investigation shall be made in the presence of representatives of each party, body and candi dates interested. The superintendent shall make a report of the facts of the case to the solicitor general where such action appears to be warranted.

MONDAY, FEBRUARY 26, 1968

1937

(c) If discrepancies are discovered in any district which cannot de corrected by investigation of the return sheets, tally sheets, vot ing machine proof sheets, computer tabulation sheets or other papers of the election district, the superintendent may order a recount of the votes cast for that district. Such recount shall be in the presence of interested candidates or their representatives, and if the recount shall not be sufficient to correct the error, the supertendent may summon the poll officers to appear forthwith with all election papers in their possession. In districts using voting ma chines, such recount or recanvass shall comply with the procedures set forth in Section 34-1504 of the Georgia Election Code.

(d) When the returns from the various election districts which are entitled to be counted shall have been duly recorded they shall be added together, to which shall be added the votes of absentee electors and write-in votes. The results shall then be announced and attested by the assistants who made and computed the entries respectively, and signed by the superintendent. Immediately after the completion of the computation of votes, the superintendent shall certify the returns so computed in the manner required by the
Code.

Section 34A-1405. Manner of computing write-in votes.--The superintendent, in computing the votes cast at any election, shall compute and certify write-in votes exactly as such names were written on the ballot, or deposited or affixed in or on receptacles for that purpose, and as they have been so returned by the poll officers.

Section 34A-1406. Copy of certified returns to be filed; pri mary returns.-- (a) After the certification of the returns of any primary or election, as provided by Section 34A-1404, the supertendent shall retain in his office one copy of the returns so certi fied.
(b) In the case of a primary, each party superintendent shall make the return required by the rules of its party.

(c) In the cast of an election, the superintendent shall make the return of the election to the governing authority of the munici pality.
Section 34A-1407. Municipal Charter to govern vote required for nomination; runoff primary or election.-- (a) If the municipal charter or ordinance, as now existing or as amended subsequent to the effective date of this Subsection, provides that a candidate may be nominated or elected by a plurality of the votes cast to fill such nomination or public office, such provision shall prevail. Otherwise, no candidate shall be nominated for public office in any primary or elected to public office in any election unless such candidate shall have received a majority of the votes cast to fill such nomination or public office.

(b) In instances where no candidate receives a majority of the votes cast and the municipal charter or ordinance does not pro-

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vide for nomination or election by a plurality vote, a runoff pri mary or election shall be held, between the two candidates receiving the highest number of votes. Such runoff shall be held on the fourteenth day after the day of holding the first primary or election, unless such runoff date is postponed by court order. Only the electors entitled to vote in the first primary or election shall be entitled to vote in any runoff primary or election resulting therefrom; provided, however, that no elector shall vote in a run off primary in violation of Section 34A-518. The candidate receiv ing a majority of the votes cast in such runoff primary or election to fill the nomination or public office he seeks shall be declared the winner. The runoff primary or election shall be a continuation of the first primary or election and only those votes cast for the two candidates receiving the highest number of votes in the first primary or election shall be counted.

Section 34A-1408. Automatic recounts.--Whenever the differ ence between the number of votes received by a candidate who has been declared nominated for an office in a primary election or who has been declared elected to an office in a general election and the number of votes received by any other candidate or candidates not declared so nominated or elected shall be not more than two per cent of the total votes which were cast for such office therein, the losing candidate, within a period of five (5) days following certification of the election results to the governing authority, shall have the right to a recount of the votes cast if such request be made in writing. The superintendent shall order a recount of such votes to be made forthwith.

Section 34A-1409. Special election on failure to nominate or elect or on death or withdrawal of officer elect. --Whenever any primary or election shall fail to fill a particular nomination or office and such failure cannot be cured by a runoff primary or election, or whenever any person elected to public office shall die or withdraw prior to taking office, then the authority, with whom the candidates for such nomination or office filed their notice of candidacy, shall thereupon call a special primary or election to fill such position.

Section 34A-1410. Delivery of ballots and other documents to

the city clerk.--Immediately upon completing the returns required

by this Chapter, the superintendent shall deliver in sealed con

tainers to the city clerk the used, unused and void ballots and the

stubs of all ballots used, and one copy of each elector's list, num

bered list of voters, tally papers, voting machine paper proof sheet,

and return, involved in the primary or election. Such ballots and

other documents shall be preserved under seal in the office of the

city clerk for at least two weeks, and then they may be destroyed

unless otherwise provided by order of the Mayor and Council if a

contest has been filed, or by court order, except that the elector's

list shall be returned to the county or municipal registrar as

appropriate.

^

Chapter 34A-15. Contested Primaries and Elections.
Section 34A-1501. Contest procedure.--A contest case govern ed by the provisions of this Chapter shall be tried and determined

MONDAY, FEBRUARY 26, 1968

1939

in the county in which the city hall is located. A petition to contest the results of a primary or election shall he filed in writing with the city clerk within five (5) days after the results of the election are certified to the governing authority. Upon the filing of the con test petition, a hearing shall be set before the Mayor and Council. The final determination of the Mayor and Council may be appealed to the Superior Court in the manner of appeal from a Court of the Ordinary, except that appeals shall be made within ten (10) days after determination of the contest by the Mayor and Council. Any Mayor or member of the city council concerned in the contest shall disqualify himself from judging the contest.

Chapter 34A-16. Penalties.

Section 34A-1601. Any person violating any of the provisions of this Title shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor."

Section 2. The Code of Georgia of 1933, as amended is further amended by deleting in their entirety Code Section 69-9901, relating to penalties for illegal voting in municipal elections, and Code Section 69-9902, relating to prohibition of city employees and officials from acting as managers of any election for mayor or alderman.
Section 3. The provisions of this Act shall become effective on September 1, 1968.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendments to the Committee substitute were read and adopted:
Mr. McCracken of the 49th moves to amend Committee Substitute to Senate Bill 151, as follows:
By inserting in Section 34A-103 subsection (af) between subsections (h) and (i).
By inserting subsection (w) between subsections (k) and (1).
By inserting subsections (ah) and (ag) between subsections (x) and (y).
By relettering subsections (h) through (ah) according to the re arrangement above set forth so that said subsections shall be rearranged in alphabetical order.
Mr. McCracken of the 49th moves to amend Committee Substitute to Senate Bill No. 151, as follows:

1940

JOURNAL OF THE HOUSE,

By striking in its entirety subsection (aa) of Section 34A-103 and substituting in lieu thereof a new subsection (aa) to read as follows:

"(aa) The word 'superintendent' shall mean (i) the municipal executive committee of the political party holding the primary within a municipality (or its agent), or if none, the county execu tive committee of the political party (or its agent), in the case of a primary, (ii) the person appointed by the proper municipal executive committee in the case of a nonpartisan primary, and (iii) the person appointed by the governing authority pursuant to authority granted in Section 34B-201(c) of this Act in the case of a municipal election;".

By striking in Section 34A-104 the phrase:

"suit of prosecution"

and substituting in lieu thereof the following:

"suit or prosecution".

By inserting between the words "designate" and "voting" as they appear in subsection (e) of Section 34A-201 the following:

"by ordinance or resolution".

By striking from the last sentence of Section 34A-401 the words "primary and".

By striking from subsection (a) of Section 34A-502 as they appear in the next to the last sentence thereof the following:

"1968" and "January"

and substituting in lieu thereof the following:

"1969" and "July";

and by striking from the last sentence of said subsection the words "they deem", and substituting in lieu thereof the following:

"it deems".

By striking in its entirety Section 34A-504 and substituting in lieu thereof a new Section 34A-504 to read as follows:

"Section 34A-504. Oaths of registration officers.--Before en tering upon his duties, each registrar and deputy registrar shall swear to faithfully perform his duties, which oath shall be ad ministered by some officer authorized to administer oaths under the laws of this State.".

MONDAY, FEBRUARY 26, 1968

1941

By adding at the end of the first sentence of subsection (b) of

Section 34A-506 the following:

"designated by the governing authority.".

By striking from subsection (ii) of Section 34A-515 the words: "each month",
and by striking therefrom the word: "conficted"

and substituting in lieu thereof the word:
"convicted".
By striking from subsection (iii) of Section 34A-515 the words:
"each month".
By striking the title of Section 34A-517 and substituting in lieu thereof the following title:
"Section 34A-517. Filing of certified lists with city clerk; ar rangement of names; appearance of name on list as a prerequisite to voting.".
By striking from Section 34A-913 the word:
"municipal".
By striking in its entirety Section 34A-1124 and substituting in lieu thereof a new Section 34A-1124 to read as follows:

"Section 34A-1124. Write-in ballots, in elections, electors shall be permitted to cast write-in votes. The design of the ballot card shall permit the managers in counting the write-in votes to readily determine whether an elector has cast any write-in vote not au thorized by law. The Secretary of State in specifying the form of the ballot, and the State Election Board in promulgating rules and regulations respecting the conduct of elections, shall provide for ballot secrecy in connection with write-in votes.".
By striking from subsection (iv) of Section 34A-1225 the word:
"then"

and substituting in lieu thereof the word:

"than" (appears in the second line of p. 80).

By striking subsection (b) of Section 34A-1232 and substituting in lieu thereof a new subsection (b) to read as follows:

"(b) If an elector spoils or defaces a ballot card or write-in ballot, he shall return it to the managers and receive another. A

1942

JOURNAL OP THE HOUSE,

manager shall immediately cancel the spoiled ballot by writing the word 'spoiled' across said ballot, and shall place it in the container for spoiled ballots."

By striking from subsection (h) of Section 34A-1233 the words:

"shall be returned to the envelope" and substituting in lieu thereof:

"shall be kept with the write-in ballot".

By adding at the end of subsection (b) of Section 34A-1304 the following sentence:

"If a physician certifies that an elector is permanently disabled, the registrar shall keep such certification on file, and such elector shall not be required to furnish additional certificates for subse quent elections.".

By striking from subsection (a) of Section 34A-1307 the following:
"or (v) before the registrar or any authorized deputy registrar of any college or university."

and substituting in lieu thereof the following:
"or (v) before the registrar of any college or university or any employee thereof who has been designated by the registrar.".

By striking from Section 34A-1311 as it appears in the second sentence thereof the word:

"identify" and substituting in lieu thereof the word:

"identity".

By striking from Section 34A-1501 as they appear in the fourth sentence thereof the words:

"appeared" and "appears"

and substituting in lieu thereof the words:

"appealed" and "appeals",

respectively.

MONDAY, FEBRUARY 26, 1968

1943

The Committee substitute, as amended, was adopted.

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, by substitute, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Berry, C. E. Berry, J. K. Black Bond Branch Brantley, H. H. Bray Brown, B. D. Brown, C. Buck Caldwell Games Cato Chandler Cheeks Cole Collins, J. F. Collins, M. Conner Cook Cooper, J. R. Crowe, William Crowe, W. J. Dailey Daugherty Dean DeLong Dent Dillon Dixon Dollar Dorminy Doster Douglas Edwards Egan Fallin

Farmer
Farrar Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Hale Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris^ R. W. Harrison Henderson Holder Hood Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Lambert Land Lane, Dick Lane, W. J. Lee, W. J. (Bill)
Leggett Leonard

Le vitas Lewis Longino Lovell Lowrey Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken Melton Merritt Mixon Moate Moore, Don C. Moreland Mullinax Murphy Nash Newton Nimmer Northcutt Oglesby Otwell Pafford Palmer Paris Parker, H. W. Parrish Peterson Phillips Poss Potts Rainey Reaves Richardson
Roach Rowland

1944
Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Simmons Smith, J. R. Smith, V. T. Smith, W. L.

JOURNAL OF THE HOUSE,

Snow Stalnaker Starnes Steis Sullivan Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Turner

Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Wiggins Williams Wood

Those voting in the negative were Messrs.

Battle Cooper, B. Davis Dodson Hill Knapp

Lambros Lee, W. S. Miller Odom Ragland Smith, G. W.

Westlake Whaley Wilson, J. M. Wilson, R. W. Winkles

Those not voting were Messrs.:

Barfield Bennett Blalock Bostick Bowen Brantley, H. L. Busbee Gates Clarke Colwell

Cox Dickinson Gunter Hadaway Higginbotham Howard Howell Jordan, W. H. Laite

Magoon McDaniell Moore, J. H. Nessmith Parker, C. A. Pickard Ross Sims Mr. Speaker

On the passage of the Bill, by substitute as amended, the ayes were 160, nays 17.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Mr. Lambros of the 130th stated that he had inadvertanly voted "nay" but intended to vote "aye" on the passage of SB 151, by substitute, as amended.

The Speaker announced the House recessed until 1:15, o'clock, P. M.

MONDAY, FEBRUARY 26, 1968

1945

AFTERNOON SESSION

The Speaker called the House to order.

Under the general order of business established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for considera tion and read the third time:

HR 493-1063. By Mr. Vaughn of the 117th:
A Resolution authorizing the conveyance of certain real property in Fulton County in exchange for slope easements and certain other real property located in Fulton County; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 131, nays 0.

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

HR 498-1089. By Messrs. Vaughn of the 117th and Wood of the 16th:
A Resolution authorizing the conveyance of a certain tract of land located in DeKalb County, Georgia; and for other purposes.

The following substitute, offered by Messrs. Vaughn of the 117th and Wood of the 16th, was read and adopted:
A RESOLUTION
Authorizing the conveyance of a certain tract of land located in DeKalb County, Georgia; and for other purposes.
WHEREAS, a certain tract of land located in DeKalb County was acquired by the State of Georgia from a predecessor in title of Ira H. Hardin Company for the purposes of utilization as a right-of-way for a portion of the public highway system; and
WHEREAS, said tract is more fully described as follows: All that tract or parcel of land lying and being in Land Lot 313 of the 18th

1946

JOURNAL OF THE HOUSE,

District of DeKalb County, Georgia, being more particularly described as follows:

BEGINNING at the intersection of a line which is fifty (50) feet northeast of and parallel to the center line of Oakcliff Road with a line which is thirty (30) feet northwest of and parallel to the center line of Oakcliff Road; running thence N 42-53' along said 30-foot parallel line fifty-nine and eight-tenths (59.8) feet to a point; thence N 3-10'W along a straight line eighty-seven and sixty-eight hundredths (87.68) feet to a concrete monument; thence N 63-10'W along a straight line three hundred twenty-eight and two tenths (328.2) feet to said 50-foot parallel line; thence south easterly along said 50-foot parallel line back to the point of begin ning. Containing 0.37 acres, more or less; and

WHEREAS, due to a change in the location of the proposed public road, said tract of land is no longer of any use to the Highway Depart ment or any other agency of the State government, and is, therefore, surplus property.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Properties Control Commis sion is hereby authorized and directed to advertise and accept bids for the sale of said tract of land to the highest responsible bidder; provided, however, the Commission shall have the right to reject any and all bids for said tract of land.

BE IT FURTHER RESOLVED that the Governor, acting for and on behalf of the State of Georgia, is hereby authorized to convey said tract of land to said highest responsible bidder, as determined by the State Properties Control Commission, and the consideration for said conveyance shall be the amount of said highest responsible bid.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute.

On the adoption of the Resolution, by substitute, the ayes were 143, nays 0.

The Resolution, having received the requisite constitution, was adopted, by substitute.
HR 520-1103. By Mr. Vaughn of the 117th: A Resolution authorizing the conveyance of a certain tract of land, with improvements thereon, in Fulton County; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

MONDAY, FEBRUARY 26, 1968

1947

On the adoption of the Resolution, the ayes were 141, nays 0.

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

HB 1412. By Mr. Busbee of the 79th: A Bill to be entitled an Act to provide the dates on which laws shall become effective; to provide the procedure connected therewith; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Alexander Ballard Barber Battle Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Carnes Gates Cato Chandler Cheeks Clarke Collins, J. F. Colwell Conner Cooper, J. R.

Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis Dean Dent Dickinson Dillon Dixon Dodson Dollar Dorminy Doster Douglas
Edwards Egan Fallin Fleming Floyd Funk Gay Gaynor Gignilliat Grahl Graves Grier Gunter

Hadaway Hale Hall Hargrett Harrington Harris, J. R. Harris, R. W. Harrison Higginbotham Hill Holder Hood Jenkins Johnson, A. S. Joiner Jones, C. M. Jordan, G. Jordan, W. H. Kaylor Kirksey Knapp Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. S. Leggett Lewis

1948
Longino Lowrey Malone Mason Matthews, C. Matthews, D. R. Mauldin McClatchey McCracken Melton Merritt Miller Mixon Moate Moore, Don C. Mullinax Murphy Nash Nessmith Newton Nimmer Odom Otwell Pafford Paris

JOURNAL OF THE HOUSE,

Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland Rainey Reaves Richardson Rowland Rush Russell Savage Scarlett Shanahan Shields Shuman Simmons Smith, G. W. Smith, W. L. Snow Stalnaker

Starnes Steis Sweat Thompson, A. W. Thompson, R. Threadgill Townsend Tucker Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Williams Wilson, R. W. Winkles Wood

Those voting in the negative were Messrs.:

Farmer

Roach

Those not voting were Messrs.:

Adams Anderson Barfield Bennett Caldwell Cole Collins, M. Cook Cooper, B. DeLong Farrar Gary Hamilton Harris, J. F.

Henderson Howard Howell Hutchinson Johnson, B. Jones, M. Laite Lee, W. J. (Bill) Leonard Levitas Lovell Magoon Maxwell McDaniell

Moore, J. H. Moreland Northcutt Oglesby Palmer Ross Sherman Sims Smith, J. R. Smith, V. T. Sullivan Wiggins Wilson, J. M. Mr. Speaker

On the passage of the Bill, the ayes were 161, nays 2.

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

MONDAY, FEBRUARY 26, 1968

1949

Mr. Levitas of the 118th stated that he had been called from the floor of the House when the roll was called on HB 1412, but had he been present would have voted "aye".

HB 1236. By Messrs. Murphy of the 26th, Lane of the 64th, Paris of the 23rd and Caldwell of the 51st:
A Bill to be entitled an Act to amend an Act reorganizing the State Department of Law, so as to provide additional subpoena powers for the office of the Attorney General; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act To amend an Act reorganizing the State Department of Law, approved February 18, 1943 (Ga. Laws 1943, p. 284), as amended, so as to provide additional subpoena powers for the Office of the Attorney General; to provide additional powers for the enforce ment of subpoenas to provide a jurisdiction where such subpoenas may be enforced; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
An Act reorganizing the State Department of Law, approved Feb ruary 18, 1943, (Ga. Laws 1943, p. 284), as amended, is hereby amended by adding a new paragraph at the end of Section 5 to read as follows:
"The Attorney General shall have the power to enforce sub poenas issued pursuant to this Section by filing a motion for such purpose, which motion shall be filed in the Superior Court of Fulton County. The Superior Court of the county of the residence of the person subpoenaed shall have the power to enforce such subpoena in the same manner as subpoenas may be enforced pursuant to an Act approved March 15, 1966 (Ga. Laws 1966, p. 502), and sub poenaed persons shall have the rights guaranteed them in said Act, except that any such subpoena may be served at any place within the State; Subpoenas may be enforced by attachment for contempt, and by fine not exceeding $300.00 and by imprisonment not exceed ing 20 days."
SECTION 2
All laws and parts of laws in conflict with this Act are hereby re pealed.

1950

JOURNAL OF THE HOUSE,

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, by substitute, the ayes were 123, nays 15.

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

Due to mechanical failure, the roll call on HB 1236 could not be verified.

HB 1237. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Bill to be entitled an Act to comprehensively and exhaustively revise, supersede and consolidate the laws relating to the State Board of Corrections, and to prisons, public works campus and prisoners; and for other purposes.

The following amendment was read and adopted:
Judiciary Committee moves to amend HB 1237 in the following manner:
1. By adding in the ninth line of quoted Section 33.10 (a) on page 2 of the printed Bill between the words "prosecuting officer and" and "the appropriate Court" the words "the Clerk of"
2. By striking subsection (c) of quoted Section 33.10 on page 2 of the printed Bill and substituting in lieu thereof a new subsection (c) to read as follows:
"(c) The warden, superintendent or other official having phy sical custody of the inmate shall within fifteen (15) days inform him of the source and furnish him with a copy of the contents of any detainer filed against him and shall also inform him of his right to make a request for a final disposition of the indictment, accusation or information upon which the detainer is based."
3. By deleting subsection (a) of quoted Section 33.11 on page 3 of the printed Bill in its entirety and by renumbering (b) as (a).
4. By striking from subsection (b) of quoted Section 33.12 on page 4 the words "upon demand."
5. By striking Section 2 of the Bill in its entirety and substituting in lieu thereof a new Section 2 to read as follows:

MONDAY, FEBRUARY 26, 1968

1951

"SECTION 2

"This Act shall become effective on July 1, 1968. A copy of this Act shall be sent by the State Board of Corrections to all authorities to whom this Act is applicable. On January 1, 1969, the State Board of Corrections shall strike and dismiss from its records all detainers filed by authorities of the State of Georgia or of any political sub division thereof which do not conform to the provisions of this Act."

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, as amended, the ayes were 168, nays 0.

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

HB 1235. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st: A Bill to be entitled an Act to amend an Act creating the State Board of Pardons and Paroles, so as to provide a procedure for the promulgation and adoption of Rules by the State Board of Pardons and Paroles; and for other purposes.
The following amendment was read and adopted:
Judiciary Committee moves to amend HB 1235 as follows:
1. By adding in the fourth line of Subparagraph A (3) of quoted Section 35 in Section 1 of the printed Bill following the word "com mutation" the word "remission".
2. By deleting from the end of the second line of Subparagraph A (4) (e) of quoted Section 35 in Section 1 of the printed Bill the word "of" and substituting in lieu thereof the word "by" .
3. By adding in the fifth line of Subparagraph F (4) of quoted Section 35 in Section 1 of the printed Bill following the word "judges" the words "and Solicitors General".
4. By deleting from Subparagraph C (3) of quoted Section 35 in Section 1 of the printed Bill the last sentence of such Subparagraph.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

1952

JOURNAL OF THE HOUSE,

On the passage of the Bill, as amended, the ayes were 171, nays 0.

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

HB 1245. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, to establish within the Department of Public Safety a Division to be known as the Security Guard Division; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Battle Bennett Berry, C. E. Berry, J. K. Black Bond Bostick Branch Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Chandler Cheeks Clarke Cole
Collins, J. F.

Collins, M. Colwell Conner Cook Cooper, B. Cox Crowe, W. J. Dailey Daugherty Dean DeLong Dent Dickinson Dillon Dixon Dollar Dorminy Doster Douglas Edwards Egan Fallin Farmer Fleming Floyd Funk
Gary

Gay Gaynor Gignilliat Grahl Graves Gunter Hadaway Hale Hall Hamilton Hargrett Harrington Harris, J. P. Harris, J. R. Harris, R. W. Harrison Henderson Hill Holder Howard Howell Jenkins Johnson, A. S. Jones, C. M. Jones, M. Kaylor

MONDAY, FEBRUARY 26, 1968

1953

Kirksey Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Lowrey Magoon Malone Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken Merritt Miller Mixon Moate Moore, Don C. Mullinax Murphy

Nash Nessmith Newton Nimmer Northcutt Odom Otwell Pafford Palmer Paris Parker, H. W. Parrish Peterson Phillips Poss Rainey Reaves Richardson Roach Ross Rush Russell Savage Scarlett Shanahan Sherman Shuman

Sims Smith, G. W. Smith, J. R. Smith, W. L. Snow Stalnaker Starnes Steis Sweat Threadgill Townsend Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Whaley Wiggins Williams Wilson, J. M. Winkles Wood

Those voting in the negative were Messrs.:

Blalock Cato Cooper, J. R. Dodson

Knapp Leonard Potts Ragland

Simmons Tucker

Those not voting were Messrs.:

Barfield Bo wen Brantley, H. H. Crowe, William Davis Farrar Grier Higginbotham Hood Hutchinson Johnson, B. Joiner

Jordan, G. Jordan, W. H. Laite Longino Lovell Mason McDaniell Melton Moore, J. H. Moreland Oglesby Parker, C. A.

Pickard Rowland Shields Smith, V. T. Sullivan Thompson, A. W. Thompson, R. Westlake Wilson, R. W. Mr. Speaker

On the passage of the Bill, the ayes were 161, nays 10.

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

1954

JOURNAL OF THE HOUSE,

HB 1260. By Mr. Henderson of the 102nd:
A Bill to be entitled an Act to amend an Act known as the "Family Planning Services Act", so as to change the classification of persons to whom family planning services may be offered; and for other pur poses.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Battle Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Branch Brantley, H. L. Bray Brown, B. D. Brown, C. Busbee Caldwell Carnes Gates Cato Cheeks Cole Collins, J. F. Colwell Conner Cook Cooper, B. Cooper, J. E. Cox Crowe, William Crowe, W. J. Dailey Davis Dean Dent

Dickinson Dillon Dodson Dollar Dorminy Doster Douglas Fallin Farmer Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Gunter Hadaway Hale Hall
Hamilton Hargrett Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Higginbotham Hill Holder Howard Howell Jenkins Johnson, A. S. Joiner

Jones, M. Jordan, G. Kaylor Knapp Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Le vitas Lewis Longino Lovell Lowrey Magoon Malone Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McDaniell Melton Merritt Miller Mixon Moate Moore, J. H. Mullinax Murphy Nessmith Newton Nimmer Northcutt

Odom Oglesby Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Potts Rainey Reaves Richardson Ross Rush Russell

MONDAY, FEBRUARY 26, 1968

1955

Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Sweat Thompson, A. W. Thompson, R. Threadgill Townsend

Tucker Turner Tye Underwood Vaughan, D. N. Walling Wamble Ward Ware Wells Whaley Wiggins Wilson, J. M. Wilson, R. W. Winkles Wood

Those voting in the negative were Messrs.:

Bennett

Steis

Williams

Those not voting were Messrs.:

Barfield Bowen Brantley, H. H. Buck Chandler Clarke Collins, M. Daugherty DeLong Dixon Edwards Egan Farrar Grier

Harrington Hood Hutchinson Johnson, B. Jones, C. M. Jordan, W. H. Kirksey Laite Lambert Mason McCracken Moore, Don C. Moreland

Nash Otwell Poss Ragland Roach Rowland Smith, G. W. Smith, J. R. Sullivan Vaughn, C. R. Westlake Mr. Speaker

On the passage of the Bill, the ayes were 163, nays 3.

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

HB 1074. By Messrs. Dollar and Cato of the 89th, Cox of the 127th, Jordan of the 78th, Howell of the 86th, Vaughn of the 117th and others:
A Bill to be entitled an Act to amend an Act creating the office of Georgia Safety Fire Commissioner, so as to change the classification

1956

JOURNAL OF THE HOUSE,

of anhydrous ammonia from the category of a highly flammable sub stance to the proper classification of hazardous substance; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1102. By Messrs. Lewis and Newton of the 50th, Parker of the 55th, Black of the 56th, Moate of the 39th:
A Bill to be entitled an Act to amend Code Section 40-2002, so as to increase the mileage expense allowance authorized to State officials and employees; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 129, nays 0.

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

HB 1176. By Messrs. Hale of the 1st and Jones of the 76th:
A Bill to be entitled an Act to amend the Act of the General Assembly known as the "Georgia Health Code", by deleting from Section 88-1809 of the Chapter referred to therein as "Hospital Authorities Law" the provision limiting the interest rates of revenue certificates of hospital authorities to 6 per centum per annum; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 171, nays 0.

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

MONDAY, FEBRUARY 26, 1968

1957

HB 1177. By Messrs. Hale of the 1st and Jones of the 76th:
A Bill to be entitled an Act to amend the Act of the General Assembly known as the "Georgia Health Code", by deleting Section 88-1812 of the Chapter referred to therein as "Hospital Authorities Law" and inserting in lieu thereof a new Section 88-1812, so as to provide for the use of general funds or tax revenues derived from the levy of an ad valorem tax not exceeding 7 mills by cities; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 161, nays 0.

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

HB 1346. By Messrs. Nessmith of the 64th, Matthews of the 94th, Lowrey of the 13th, Newton of the 50th, Jordan of the 78th and others:
A Bill to be entitled an Act to amend an Act known as the "Georgia Agricultural Commodities Promotion Act" approved March 30, 1961 (Ga. Laws 1961, Vol. 1, page 301), as amended; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, nays 0.

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

HR 523-1104. By Messrs. Murphy of the 26th, Caldwell of the 51st, Paris of the 23rd and Lane of the 64th:
A RESOLUTION
Creating a Constitution Revision Commission; and for other pur poses.
WHEREAS, the present Constitution of the State of Georgia, adopted in 1945, has been amended 549 times; and
WHEREAS, many of the amendments to the Constitution have been local in nature, applicable only to a particular city, county, or local political subdivision; and

1958

JOURNAL OF THE HOUSE,

WHEREAS, many amendments to the Constitution have been hastily prepared during busy sessions of the General Assembly and have altered one paragraph of the Constitution without regard to other provisions thereof on the same subject; and

WHEREAS, the flood of amendments has resulted in ambiguity and confusion in many paragraphs of the Constitution, thus under mining its value as the fundamental law of the State.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

1. That there is hereby created a Constitution Revision Commis sion to be composed of the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, five members of the House of Representatives to be appointed by the Speaker, five members of the Senate to be appointed by the President, a Justice of the Supreme Court to be designated by the Court, a Judge of the Court of Appeals to be designated by the Court, the Attorney General, the Legislative Counsel, the State Auditor, and two Judges of the Superior Court, three Attorneys-at-Law, and three laymen to be appointed by the Governor;

2. That the Commission shall be initially called together by the Governor for the purpose of electing officers and perfecting its orga nization, and that thereafter it shall meet at such times and places and conduct its work in such manner as it shall deem appropriate;

3. That the Commission shall conduct a thorough study of the Constitution and related matters with reference to a revision thereof, and shall revise the present Constitution, either by amendments there to, a new Constitution, or in such manner as the Commission shall decide;

4. That the Commission shall be assigned suitable quarters in the State Capitol or elsewhere, that the Commission and committees thereof be authorized to hold hearings, that the Chairman of the Commission, acting upon the advice and consent of a majority of the members there of, be authorized to employ clerical, professional, legal, and other per sonnel as shall be deemed necessary and to fix their compensation, and to procure materials, supplies, and equipment for carrying out the pur poses of this Resolution;

5. That the Chairman of the Commission is authorized to cause its final report to be printed and copies thereof distributed to members of the General Assembly and made available to the press and to the public generally; and

6. That the Governor shall submit to the General Assembly, meet ing either in regular session or in special session, the final report of the Commission, and no proposed revision or amendment to the existing Constitution shall be submitted to a vote of the people for ratification or rejection until the same shall have been agreed to by-two-thirds of the members elected to each of the two houses of the General As sembly;

MONDAY, FEBRUARY 26, 1968

1959

7. That the Governor, Lieutenant Governor, the Speaker of the House of Representatives, the Justice of the Supreme Court designated by the Court, the Judge of the Court of Appeals designated by the Court, the Attorney General, the Legislative Counsel, and the State Auditor shall receive no additional compensation for their services to the Commission but shall be reimbursed for all expenses in carrying out their duties relative to the Commission from funds appropriated to or otherwise available to the Executive Department and same shall be paid from said funds regardless of any other provisions of any other law to the contrary. The members of the Commission appointed by the President of the Senate and the Speaker of the House of Representatives shall receive the allowances authorized for legislative members of in terim legislative committees which shall be paid from funds appropri ated to or otherwise available to the legislative branch of government. The remaining members of the Commission shall be compensated in an amount equal to the allowances authorized by law for legislative mem bers of interim legislative committees which shall be paid from funds appropriated to or otherwise available to the Executive Department and this provision shall apply to any of such remaining members who might be officials or employees of any branch of government, provided, however, that same shall be paid from said funds regardless of any other provisions of any other law to the contrary. All other funds, except as provided herein, which are necessary to effectuate and carry out the purposes of this Resolution shall come from funds appropriated to or otherwise available to the Executive Department.

The following substitute, offered by Messrs. Egan of the 141st and Levitas of the 118th, was read:
A RESOLUTION
Creating the Constitution Revision Study Committee; and for other purposes.
WHEREAS, the Constitution of Georgia is manifestly in need of revision and there are a number of ways by which Constitution revision may be accomplished; and
WHEREAS, the end product of a revision of the Constitution will depend, in large part, upon the method chosen for such revision; and
WHEREAS, several Resolutions have been offered to the 1968 session of the General Assembly pertaining to Constitutional revisions; and
WHEREAS, a number of other states have attempted Constitution revision in recent years with varying degrees of success and failure, and there is doubt as to which is the best method to use in revising the Georgia Constitution.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

1960

JOURNAL OP THE HOUSE,

Section 1. There is hereby created the Constitution Revision Study Committee which shall be composed of thirteen members as follows: five members to be appointed by the Governor, four persons to be appointed by the President of the Senate, at least two of whom shall be Senators, and four persons to be appointed by the Speaker of the House of Representatives, at least two of whom shall be Representatives. At least two of the persons appointed by the Governor, one of the persons appointed by the President, and one of the persons appointed by the Speaker shall not hold any public office.

Section 2. The members of the Committee shall be appointed with in thirty days from the date this Resolution becomes law, and an organizational meeting shall be held within thirty days after all mem bers have been appointed. The date, time and place of such meeting shall be fixed by the Governor. The Committee shall elect a chairman, a vice-chairman and a secretary, and shall adopt procedures for its operation which shall include the fixing of a quorum for the transaction of business. The Committee is authorized to hold hearings at such times and places, both within and without the State, and in such manner as it deems advisable.

Section 3. The Committee shall conduct a study of various methods for revising the Constitution of Georgia, including an evaluation of the Resolutions pertaining thereto offered to the 1968 General Assembly and a study of the methods used in other states in recent years. It shall submit a report of its findings and recommendations before the General Assembly convenes at the regular session in 1969 and the Committee shall stand abolished at that time. Such report shall in clude, but not be limited to, the following:

(a) Recommendations as to whether a new Constitution should be submitted, or whether the various Articles and provisions should be revised separately and submitted at the same general election or at different general elections.

(b) Recommendations as to whether a Constitution Revision Com mission should be created to submit proposals to the General Assembly or to a Constitutional Convention which, in turn, would be submitted to the people and, if so, how such a Commission should be constituted.

(c) Recommendations as to whether the Constitution Convention method should be used and, if so, how the Convention should be con stituted and how the delegates should be elected.

(d) Recommendations as to a method for obtaining public support for any proposals submitted to the people.

(e) Recommendations for procedures to determine and conform statutory law to any revised Constitutional provisions.

Section 4. The Committee is hereby authorized to procure materials, supplies and equipment necessary to carry out its duties and functions. The Legislative Counsel shall assist the Committee in the performance of its duties. The members of the Committee shall receive the same

MONDAY, FEBRUARY 26, 1968

1961

allowances authorized by law for legislative members of interim legisla tive committees, and any provision of any other law to the contrary notwithstanding, the members shall receive the same from the funds appropriated to and available to the legislative branch of government. Any other funds necessary to effectuate the purpos'es of this Resolution shall come from the same funds.

The following amendment to the floor substitute was read and adopted:

Mr. Ployd of the 7th moves to amend the floor substitute to HR 523-1104 as follows:
by deleting Section 1 and substituting therefor a new Section 1 as follows:
Section 1. There is hereby created the Constitution Revision Study Committee which shall be composed of 15 members as follows: five members to be appointed by the Governor, five persons to be appointed by the President of the Senate, at least three of whom shall be Senators, and five persons to be appointed by the Speaker of the House of Repre sentatives, at least three of whom shall be Representatives. At least two of the persons appointed by the Governor, one of the persons ap pointed by the President, and one of the persons appointed by the Speaker shall not hold any public office.

On the adoption of the substitute, as amended, the ayes were 34, nays 140.

The substitute, as amended, was lost.

Due to mechanical failure, the roll call on the floor substitute, as amended, could not be verified.
The following amendment was read and adopted:
Mr. Walling of the 118th moves to amend HR 523-1104 as follows:
By striking Section 5 and substituting in lieu thereof the following:
"5. That the Chairman of the Commission shall cause its final report to be printed and copies thereof distributed to members of the General Assembly, no later than 35 days before the beginning of the session to which it is submitted for approval, and made available to the press and to the public generally; and"

1962

JOURNAL OF THE HOUSE,

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 as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Barfield Battle Bennett Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Branch Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Caldwell Carnes Gates Cato Chandler Cheeks Clarke
Cole
Collins, J. F. Conner Cook Cooper, B. Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Dean Dent Dickinson Dillon Dixon

Dodson Dollar Dorminy Doster Douglas Edwards Egan Farmer Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Gunter Hadaway Hale Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Hill Holder Howard Howell Hutchinson Jenkins Johnson, A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Knapp Lambert Lambros

Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Lewis Longino Lovell Lowrey Malone Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Merritt Miller Mixon Moate Moore, Don C. Moore, J. H. Mullinax Murphy Nessmith Newton Nimmer Northcutt Otwell Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Phillips Poss Potts Rainey Reaves Richardson

Roach Ross Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, J. R.

MONDAY, FEBRUARY 26, 1968

1963

Smith, V. T. Smith, W. L. Snow Stalnaker Starnes Steis Sweat Thompson, A. W. Thompson, R. Threadgill Tucker Turner Tye Underwood

Vaughan, D. N. Walling Wamble Ward Ware Wells Westlake Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those voting in the negative were Messrs.:

Davis Higginbotham

Joiner Levitas

Oglesby Whaley

Those not voting were Messrs.

Bo wen Collins, M. Colwell DeLong Fallin Farrar Grier Hood

Jordan, W. H. Laite Magoon Mason Melton Moreland Nash Odom

Pickard Ragland Rowland Sullivan Town send Vaughn, C. R. Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 176, nays 6.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.

Mr. Hutchinson of the 79th stated that he had been called from the floor of the House when the roll was called on HR 523-1104, but had he been present would have voted "Aye".

The following Resolution of the House, having been reported from the Committee on Judiciary without recommendation, was taken up for consideration:

HR 413-923. By Mr. Daugherty of the 134th:
A Resolution proposing a constitutional amendment to provide that punishment by death is cruel and unusual punishment and shall not be inflicted upon any person in the State of Georgia; and for other purposes.

1964

JOURNAL OP THE HOUSE,

The Speaker resolved the House into a Committee of the Whole to consider HR 413-923, designating Mr. Hale of the 1st Chairman thereof.

The Committee of the Whole arose and through its chairman reported HR 413-239 back to the House with the recommendation that the same Do Not Pass.

Mr. Busbee of the 79th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

TUESDAY, FEBRUARY 27, 1968

1965

Representative Hall, Atlanta, Georgia Tuesday, February 27, 1968

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

Prayer was offered by Rev. C. E. Vaughan, Pastor, Grace Baptist Church, Gainesville, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Mr. Black of the 56th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

The following report of the Committee on Rules was read and adopted:

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Tuesday, February 27, 1968, and submits the following:

HB

514. Income tax, deductions to churches

HB

974. State Highway Department, transfer duties

1966

JOURNAL OF THE HOUSE,

HB 1015. Retirement System, allowances

HB 1063. Georgia Interdepartmental Council on the Handicapped

HB 1068. Post Mortem Examination, fees

HB 1071. City and county sales tax, public conveyances

HB 1165. Non-resident, doing business in State

HB 1167. Drilling of water wells, control and regulation

HB 1221. Attorneys, admission to the Bar

HB 1292. Blood products, remove warranties

HB 1293. Alligator hunting licenses

HB 1341. Federal Tax Lien Act of 1966, amend

HB 1354. Agricultural products, sales promotion

HB 1422. Ocmulgee Judicial Circuit, additional Judge

HR 414- 923. Create Committee, Urban and Municipal Affairs

HR 451- 994. Interim Study Committee, highways

HR 600-1247. Governor, Executive Center, official residence

SB

120. Driver intoxicated, change punishment

SB

186. Accountants, non-resident

ALL COMPENSATION BILLS

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, George D. Busbee of the 79th Vice-Chairman

The following subsequent report of the Committee on Rules was read and adopted:

Mr. Speaker:

Your Committee on Rules met and amended the calendar for today's business, Tuesday, February 27, 1968, by adding the following:

HB

862. Grants to municipalities

(Reconsidered)

HB

869. Counties, grants, State disburse

(Reconsidered)

HB

930. Judge or Clerk, grant order of service

TUESDAY, FEBRUARY 27, 1968

1967

HB

939. Banking law, common stock

HB

948. Alcoholic beverages, fixtures, contraband

HB

958. First bail, matter of right

HB

975. Motor vehicles, certain weight

HB

978. Highway Department, obligations and claims

HB

990. Highway Board, report to Governor

HB 1118. Prisons, inmates, sale of certain goods

HB 1119. Board of Corrections, hiring of prisoners

HB 1121. Prison Industries Administration

HB 1300. Person wilfully making false report, crimes

HB 1302. Wildlife, ownership control

HB 1340. Superior and City Courts, microfilm matters

HB 1342. License plates by mail, fees

HB 1355. Solicitors-General, expense allowance

HB 1375. State Board of Education, persons enter contracts

HB 1405. Minors, insane persons, legal guardians

HB 1438. Firearms and Weapons Act, possession of

HB 1511. Mortgage and security deeds, telephone and electric service

HB 1512. Security interest, telephone and electric service

HR 399- 912. Development Authorities, create

HR 524-1104. Ad valorem taxes, public utilities' property

HR 537-1179. Ad valorem taxes, persons exempt

HR 608-1295. Teachers' Retirement, retirement allowances

HR 609-1296. State officials, elections

HR 658-1406. Appropriations, annually

HR 661-1420. Study Committee, law enforcement

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, George D. Busbee of the 79th Vice-Chairman
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

1968

JOURNAL OF THE HOUSE,

HB 1546. By Mr. Shuman of the 65th:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Guyton, so as to change the qualifications for voters and time of holding elections; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1547. By Messrs. Colwell of the 5th, Moore of the 12th, Steis of the 100th and Wells of the 30th:
A Bill to be entitled an Act to provide that the governing authorities of the various counties shall have the authority to employ personnel to assist the various county officers, officials and departments in discharging the responsibilities of their respective offices; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1548. By Mrs. Merritt of the 68th and Mr. Parker of the 68th:
A Bill to be entitled an Act to amend an Act creating the City Court of Americus, so as to change the compensation of the Judge of the City Court of Americus; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1549. By Mr. Conner of the 91st:
A Bill to be entitled an Act to amend Code Section 56-1310 (2) relating to the power of municipal corporations to impose and collect a tax on gross direct premiums of life insurance companies, so as to provide that such tax shall be based solely upon such gross direct premiums as are received during the preceding calendar year from policies insuring persons residing within the corporate limits of such municipal corpora tions; and for other purposes.
Referred to the Committee on Insurance.

HR 723-1549. By Mr. Jones of the 76th: A Resolution proposing an amendment to the Constitution so as to create the Mclntosh County Industrial Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1551. By Messrs. Chandler and Harrington of the 47th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Milledgeville, so as to authorize the Mayor and Aldermen of the City of Milledgeville to provide and furnish sewerage and

TUESDAY, FEBRUARY 27, 1968

1969

sanitary services in any area of Baldwin County where like services are not being furnished by the governing authority of said county; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1552. By Messrs. Snow, Crowe and Hale of the 1st:
A Bill to be entitled an Act to amend an Act creating the Walker County Rural Water and Sewer Authority, so as to change the pro visions relating to the appointment of members of the Authority; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1553. By Messrs. Matthews and Farmer of the 29th:
A Bill to be entitled an Act to amend an Act fixing the compensation of the judge of the Juvenile Court of Clarke County, so as to change the compensation of the judge; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1554. By Mr. Bostick of the 93rd:
A Bill to be entitled an Act to amend an Act known as the "Unemploy ment Compensation Law", so as to provide for a reduction in the con tribution rates; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 1555. By Messrs. Barfield of the 95th, Odom and Lee of the 79th, Magoon of the 19th, Bostick of the 93rd, Bennett of the 95th and Mixon of the 81st:
A Bill to be entitled an Act to amend Code Chapter 84-4, relating to barbers and manicurists, barber shops, barber schools and barber col leges and creating a Georgia State Board of Barbers, so as to provide that no barber shop can train more than 2 apprentices at any one time; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 1556. By Messrs. Gary, Northcutt and Lee of the 35th:
A Bill to be entitled an Act to amend an Act incorporating the City of Riverdale, so as to delete provisions thereof prohibiting increases of the salaries and compensation of the mayor and council and other officers, agents and employees during their respective terms of office; and for other purposes.
Referred to the Committee on Local Affairs.

1970

JOURNAL OF THE HOUSE,

HE 726-1556. By Messrs. Chandler and Harrington of the 47th:
A Resolution proposing an amendment to the Constitution so as to provide that the governing authority of Baldwin County shall be au thorized to levy an annual registration tax on no more than two motor vehicles in the county owned by any individual or firm on the first day of January of each year; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1557. By Mr. Hadaway of the 46th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues for Jones County, so as to provide for commissioner posts; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1558. By Mr. Hadaway of the 46th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Jones County on an annual salary in lieu of the fee system of com pensation, so as to provide for the appointment of two additional deputies; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1559. By Mr. Hadaway of the 46th:
A Bill to be entitled an Act to amend an Act providing for the licensing of professional engineers and land surveyors and creating the State Board of Registration for Professional Engineers and Land Surveyors, so as to provide that certain persons shall be issued licenses by the Board; and for other purposes.
Referred to the Committee on Natural Resources.

HB 1560. By Mr. Hadaway of the 46th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Jasper County, so as to provide for commission posts; and for other purposes.
Referred to the Committee on Local Affairs.

HR 727-1560. By Mr. Steis of the 100th:

~

A Resolution proposing an amendment to the Constitution so as to create the Town of Waverly Hall Development Authority; and for other purposes.

Referred to the Committee on Local Affairs.

TUESDAY, FEBRUARY 27, 1968

1971

HB 1561. By Messrs. Poss of the 17th and Ross of the 31st:
A Bill to be entitled an Act to amend an Act creating the State Board of Registration for Foresters, so as to provide that certain persons shall be eligible for licenses as registered foresters under certain conditions; and for other purposes.
Referred to the Committee on Natural Resources.

HB 1562. By Messrs. Nessmith and Lane of the 64th:
A Bill to be entitled an Act to amend an Act creating the City Court of Statesboro, so -as to change the name of the City Court of Statesboro to the "Civil and Criminal Court of Bulloch County"; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1563. By Messrs. Nessmith and Lane of the 64th:
A Bill to be entitled an Act to amend an Act fixing the compensation of the Clerk of the Superior Court of Bulloch County, so as to change the compensation of said Clerk of the Superior Court; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1564. By Messrs. Nessmith and Lane of the 64th:
A Bill to be entitled an Act to amend an Act providing that the Ordinary of Bulloch County be placed on a salary basis in lieu of a fee basis, so as to change the compensation of the ordinary; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1565. By Messrs. Nessmith and Lane of the 64th:
A Bill to be entitled an Act to amend an Act changing the compensation of the Sheriff of Bulloch County from a fee system to a salary system, so as to change the compensation of the sheriff; and for other pur poses.
Referred to the Committee on Local Affairs.

HB 1566. By Messrs. Nessmith and Lane of the 64th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues for Bulloch County, so as to change the compensation of the Chairman of the Board of Commissioners; and for other purposes.
Referred to the Committee on Local Affairs.

1972

JOURNAL OP THE HOUSE,

HB 1567. By Messrs. Nessmith and Lane of the 64th:
A Bill to be entitled an Act to amend an Act consolidating1 the offices of tax receiver and tax collector of Bulloch County into the one office of tax commissioner, so as to change the provisions relating to the compensation of the assistants for the tax commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1568. By Messrs. Lane and Nessmith of the 64th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Statesboro, so as to provide that candidates for Mayor and Councilmen shall be required to qualify within a certain length of time before elections; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1569. By Messrs. Lane and Nessmith of the 64th, Parker of the 55th, Shuman of the 65th, Newton of the 50th and Lewis of the 50th:
A Bill to be entitled an Act to change the terms of Superior Courts of the Ogeechee Judicial Circuit; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1570. By Messrs. Nessmith and Lane of the 64th:
A Bill to be entitled an Act to amend an Act incorporating the town of Brooklet in Bulloch County, so as to change the provisions relating to fines for violations of ordinances, charter provisions and by laws; and for other purposes.
Referred to the Committee on Local Affairs.

HR 728-1570. By Mr. Clarke of the 45th:
A Bill to be entitled an Act to amend a resolution authorizing the disposal of that tract of land which is presently located the Governor's Mansion in Ansley Park, Atlanta, Georgia, so as to name the grantee; to specify the sale price; and for other purposes.
Referred to the Committee on State Institutions and Property.

HB 1571. By Mr. Dean of the 20th:
A Bill to be entitled an Act to require the board of commissioners of roads and revenues of Polk County, to conduct an annual audit of finances, financial records and books of Polk County; and for other purposes.
Referred to the Committee on Local Affairs.

TUESDAY, FEBRUARY 27, 1968

1973

HB 1572. By Mr. Dean of the 20th:
A Bill to be entitled an Act to amend an Act placing certain officers of Polk County on a salary basis, so as to change the salary of the sheriff; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1573. By Mr. Dean of the 20th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues in and for the County of Polk, so as to authorize the Board to employ and fix the compensation of additional employees for other county offices under certain conditions; and for other purposes.
Referred to the Committee on Local Affairs.
HB 1574. By Mr. Dean of the 20th:
A Bill to be entitled an Act to provide that in certain counties the governing authorities thereof shall adopt a uniform central accounting and bookkeeping system; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1577. By Messrs. Jenkins of the 119th, Walling, Harris, Levitas, Farrar of the 118th and Vaughn of the 117th:
A Bill to be entitled an Act to amend an Act providing that the salary of the judges of the Superior Court of the Stone Mountain Circuit shall be supplemented by payments to be made from the county treasuries of the various counties composing the Circuit; and for other purposes.
Referred to the Committee on Judiciary.

HB 1578. By Messrs. Wilson and Henderson of the 102nd, McDaniell of the 101st:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Marietta, so as to change the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1579. By Messrs. Wilson and Henderson of the 102nd, Cooper of the 103rd, and McDaniell of the 101st:
A Bill to be entitled an Act to amend an Act creating the Cobb CountyMarietta Water Authority, so as to change the rate of interest payable and maturity date of revenue bonds; and for other purposes.
Referred to the Committee on Local Affairs.

1974

JOURNAL OF THE HOUSE,

HB 1580. By Messrs. Harris and Scarlett of the 85th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Glynn County on a salary basis in lieu of a fee basis, so as to authorize the sheriff to employ additional deputies; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1581. By Messrs. Scarlett and Harris of the 85th:
A Bill to be entitled an Act to amend an Act creating the City Court of Brunswick, so as to authorize the sheriff to employ additional deputies; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1582. By Mr. Conner of the 41st:
A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Bacon County into the office of Tax Commissioner; and for other purposes.
Referred to the Committee on Local Affairs.

HR 729-1582. By Messrs. Johnson of the 40th and Anderson of the 71st:
A Resolution creating the Governor's Traffic Safety Study Committee; and for other purposes.
Referred to the Committee on Motor Vehicles.

By unanimous consent, the following Bills of the House were introduced, read the first time, ordered engrossed and referred to the committees:

HB 1583. By Messrs. Steis of the 110th, Sherman of the 105th and Miller of the 108th:
A Bill to be entitled an Act to amend an Act known as "An Act to promote temperance and prosperity for Georgia people; to foster and encourage the growing of grapes, fruits and berries on Georgia farms;" so as to authorize the sale, storage and distribution of wines within the boundaries of airports owned or operated, or both, by counties or municipalities, and to authorize the regulation and taxation thereof; and for other purposes.
Referred to the Committee on Temperance.

HB 1584. By Messrs. Steis of the 100th, Sherman of the 105th and Miller of the 108th:
A Bill to be entitled an Act to amend an Act known as "An Act to provide for license and excise taxes upon the business of dealing in

TUESDAY, FEBRUARY 27, 1968

1975

malt beverages", so as to authorize the sale, storage and distribution of malt beverages as that term is defined, within the boundaries of airports owned or operated, or both, by counties or municipalities; and for other purposes.
Referred to the Committee on Temperance.

HB 1585. By Messrs. Steis of the 100th, Sherman of the 105th and Miller of the 108th:
A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to authorize the sale, storage and distribution of alcoholic beverages, including spirituous liquors, distilled spirits and alcohol as those terms are defined, within the boundaries of airports owned or operated, or both, by counties or municipalities; and for other purposes.
Referred to the Committee on Temperance.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

HR 730-1585. By Messrs. Dixon and Sweat of the 83rd:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the modification or for the abolishment and consolidation into a single countywide gov ernment of the existing governments of Ware County and the City of Waycross and for all matters relative thereto, provided any law enacted pursuant to such authority is submitted to the people for approval or rejection; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1586. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th and Caldwell of the 51st:
A Bill to be entitled an Act to amend Code Chapter 88-13, relating to radiation control, so as to authorize the Department of Public Health to purchase, lease, accept or acquire a suitable site or sites for the concentration and storage of radioactive wastes; and for other pur poses.
Referred to the Committee on State Institutions and Property.

HB 1587. By Mrs. Hamilton of the 137th, Messrs. Egan of the 141st, Brown of the 135th, Townsend of the 140th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to the governing authority vested in mayor and board of aldermen; and for other purposes.
Referred to the Committee on Local Affairs.

1976

JOURNAL OF THE HOUSE,

HB 1588. By Mr. Pafford of the 97th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues in the County of Atkinson, so as to create a Board of Commissioners of Roads and Revenues composed of three members, each to be elected from one of the 3 militia districts in Atkinson County; and for other purposes.
Referred to the Committee on Local Affairs.

HB 1589. By Mr. Pafford of the 97th:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the sheriff of Clinch County and providing a salary system in lieu thereof, so as to change the compensation of the sheriff; and for other purposes.
Referred to the Committee on Local Affairs.

HR 731-1589. By Messrs. McClatchey of the 138th, Daugherty of the 134th, Townsend of the 140th, Lambros of the 130th, Winkles of the 120th and others:
A Resolution proposing an amendment to the Constitution so as to provide that after the ratification of the amendment the fiscal au thorities of Fulton County shall be prohibited from continuing to levy, make, assess or collect any tax from the inhabitants of any subdivision whether located wholly or partly within Fulton County; and for other purposes.
Referred to the Committee on Local Affairs.

By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the committee:

HB 1612. By Messrs. Douglas of the 60th and Rowland of the 48th:
A Bill to be entitled an Act to amend the Uniform Commercial Code, so as to amend Code Section 109A-9-307 relating to the protection of buyers of goods so as to provide that a commission merchant, auctioneer or other agent, who, without actual knowledge, shall sell goods for another for a fee or commission, shall not be liable to the holder of a security interest created by the seller of the goods where the sale is made in the ordinary course of business; and for other purposes.
Referred to the Committee on Special Judiciary.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

TUESDAY, FEBRUARY 27, 1968

1977

HB 1491. By Mr. Underwood of the 61st:
A Bill to be entitled an Act creating a new charter for the City of Glenwood, so as to change the qualifications of the mayor and councilmen; and for other purposes.

HB 1492. By Mr. Brantley of the 63rd:
A Bill to be entitled an Act relating to nursing homes and personal care homes; to provide for the licensing of nursing home administrators; to create the Georgia State Board of Nursing Homes, fixing its member ship, and prescribing its powers, duties and functions; to provide re quirements for lieensure as a Nursing Home Administrator; and for other purposes.

HB 1493. By Mr. Underwood of the 61st:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Montgomery County, so as to change the compensation of the tax commissioner; and for other purposes.

HB 1494. By Mr. Underwood of the 61st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Mount Vernon in the County of Montgomery, so as to change the corporate limits of the City of Mount Vernon; and for other purposes.

HB 1495. By Mr. Kirksey of the 87th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Donalsonville, so as to change the compensation of the mayor and aldermen of said city; and for other purposes.

HB 1496. By Mrs. Merritt of the 68th:
A Bill to be entitled an Act to amend an Act creating the Georgia State Board of Funeral Service and regulating the practice of embalm ing and funeral directing, so as to increase the Board to seven members; and for other purposes.

HB 1497. By Mr. Tucker of the 36th:
A Bill to be entitled an Act to amend an Act to consolidate, amend, and codify the various Acts incorporating the Town of McDonough, now the City of McDonough, so as to authorize the governing authority to sell, lease or dispose of public recreational facilities; and for other purposes.

1978

JOURNAL OP THE HOUSE,

HB 1498. By Mr. Jones of the 76th:
A Bill to be entitled an Act to provide the procedures under which surplus State property shall be disposed of; and for other purposes.

HB 1499. By Messrs. Ware and Mullinax of the 42nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hogansville, so as to provide that no public utility owned by said city may be sold, unless such sale is approved by the majority of the registered and qualified voters; and for other purposes.

HB 1500. By Mr. Black of the 56th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of the County of Stewart, so as to change the compensation paid to the Commissioner of Roads and Revenues; and for other purposes.

HB 1501. By Messrs. Chandler and Harrington of the 47th:
A Bill to be entitled an Act to abolish the present method of com pensating the tax collector and tax receiver of Baldwin County, known as the fee system, and to provide in lieu thereof an annual salary for such officers; and for other purposes.

HB 1502. By Mr. Collins of the 62nd:
A Bill to be entitled an Act to amend an Act incorporating the City of Lyons, so as to change the corporate limits of said city; to provide for certain services to be rendered by the City of Lyons; and for other purposes.

HB 1503. By Messrs. Cole, Smith and Leonard of the 3rd:
A Bill to be entitled an Act to change the compensation of the Whitfield County Sheriff, Clerk and Ordinary; and for other purposes.

HB 1504. By Messrs. Cole and Smith of the 3rd:
A Bill to be entitled an Act to change the compensation of the Tax Commissioner of Whitfield County; and for other purposes.

HB 1505. By Messrs. Barfield of the 95th, Lane of the 64th, Crowe of the 1st, Parker of the 54th, Mullinax of the 42nd, Northcutt of the 35th and others:
A Bill to be entitled an Act to provide for the safeguarding of the public health, safety and welfare by controlling and regulating the prac-

TUESDAY, FEBRUARY 27, 1968

1979

tice of cosmetology, cosmetologists, cosmetology instructors, instructing (teaching) of cosmetology, cosmetology establishments and schools of cosmetology as hereinafter described; and for other purposes.

HB 1506. By Messrs. Leggett of the 21st, Moore of the 12th, Northcutt of the 35th, Dickinson of the 27th, Nash of the 22nd, Moore of the 20th and Harris of the 118th:
A Bill to be entitled an Act to amend Code Chapter 40-19, relating to the establishment of the office of Supervisor of Purchases, so as to provide for a definition of the words "surplus property"; to provide for the employment of inspectors of certain personal property; to pro vide for determining certain State-owned personal property surplus; and for other purposes.
HB 1507. By Messrs. Lambros of the 130th, Dillon of the 128th, Townsend of the 141st, Cook of the 123rd, Sims of the 131st and others:
A Bill to be entitled an Act to amend an Act establishing the Criminal Court of Atlanta (now the Criminal Court of Fulton County), so as to provide for a method of trial and correction of errors in the Court of Appeals and the Supreme Court of Georgia directly from the judgments of said court; and for other purposes.
HB 1508. By Messrs. Hadaway of the 46th, Underwood of the 61st and Jones of the 76th:
A Bill to be entitled an Act to amend an Act providing for the licensing of professional engineers and land surveyors and creating the State Board of Registration for Professional Engineers and Land Surveyors, so as to provide that certain persons shall be issued licenses by the Board; and for other purposes.

HB 1509. By Mr. Ballard of the 37th:
A Bill to be entitled an Act to amend an Act repealing an Act incorpo rating the City of Covington and creating a new charter to the City of Covington, so as to provide certain limitations on the conduct of the members of the council, the mayor, other city officials and employees; and for other purposes.

HB 1510. By Messrs. Ware of the 42nd, Dean of the 20th, Stalnaker of the 59th, Hutchinson of the 79th, Hill of the 121st, Gay of the 60th, and others:
A Bill to be entitled an Act to amend an Act known as the "State Department of Air Transportation", so as to provide that the appointive members of the board shall be appointed by their respective appointing officers within a certain period of time; to provide that the Governor shall call the organizational meeting of the board within a certain period of time; and for other purposes.

1980

JOURNAL OF THE HOUSE,

HB 1514. By Messrs. Leggett of the 21st, Moore of the 12th and Laite of the 109th:
A Bill to be entitled an Act to amend an Act entitled the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to strike all sales and use tax exemptions except those relating to charitable institutions or agencies of State, County or municipal government; and for other purposes.

HR 714-1514. By Messrs. Grier of the 132nd, Barber of the 24th, Winkles of the 120th, Lane of the 126th, Adams of the 125th and others:
A Resolution creating an interim committee to study the problem of school drop-outs; and for other purposes.

HB 1515. By Mr. Roland of the 48th:
A Bill to be amend an Act abolishing the fee system of compensation for the clerk of the superior court of Washington County and substitut ing in lieu thereof an annual salary, so as to change the compensation of the clerk of the superior court of Washington County; and for other purposes.

HR 715-1515. By Messrs. Murphy of the 26th, Paris of the 23rd, Lane of the 64th, and Caldwell of the 51st:
A Resolution authorizing the conveyance of certain real property in Wayne County, Georgia, in exchange for certain other real property located in Wayne County, Georgia; and for other purposes.

HB 1516. By Mr. Williams of the 16th:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to require that motor cycles must be equipped with certain safety devices; to require persons riding on motorcycles to wear certain devices to protect their eyes; and for other purposes.

HB 1517. By Mr. Williams of the 16th:
A Bill to he entitled an Act incorporating the Town of Clermont in the County of Hall, so as to provide that beginning on the first Wednesday in December, 1968, that the election for Mayor and five Councilmen of said town shall be held each 4 years and that the Mayor and Coun cilmen so elected shall hold office for 4 years and until their successors are elected and qualified; and for other purposes.

HB 1518. By Mr. Collins of the 62nd:
A Bill to be entitled an Act to create a new charter for the City of Vidalia in the County of Toombs; and for other purposes.

TUESDAY, FEBRUARY 27, 1968

1981

HR 716-1518. By Mr. Busbee of the 79th:
A Resolution proposing an amendment to the Constitution so as to create a committee composed of the Secretary of State, the Chief Jus tice of the Supreme Court, the Chief Judge of the Court of Appeals, the Attorney General and the President of the State Board of Georgia, which shall nominate three nominees to fill any vacancy on the State Board of Pardons and Paroles; and for other purposes.

HB 1519. By Mr. Cole of the 3rd:
A Bill to be entitled an Act to amend an Act creating the Conasauga Judicial Circuit, so as to change the salary of the judge of the Cona sauga Judicial Circuit; and for other purposes.

HB 1520. By Mr. Anderson of the 71st:
A Bill to be entitled an Act to amend an Act providing and creating a new charter for the Town of Cochran, and incorporating said town under the corporate name and style "City of Cochran", so as to change the corporate limits of said City; to provide for a referendum; and for other purposes.
HB 1521. By Mr. Boss of the 31st:
A Bill to be entitled an Act to amend an Act placing the sheriff, the ordinary and the clerk of the superior court of Wilkes County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the deputy clerk of the superior court; and for other purposes.

HB 1522. By Mr. Simmons of the 9th: A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Gilmer County into the office of the tax commis sioner of Gilmer County; and for other purposes.
HR 717-1522. By Mr. Simmons of the 9th: A Resolution authorizing and directing the State Librarian to furnish certain volumes of the Georgia Supreme Court Reports and the Georgia Court of Appeals Reports to the Gilmer County Courthouse Library; and for other purposes.
HR 718-1522. By Mr. Simmons of the 9th: A Resolution authorizing and directing the State Librarian to furnish certain law books to the Clerk of the Superior Court of Pickens County; and for other purposes.

1982

JOURNAL OF THE HOUSE,

HR 719-1522. By Mr. Simmons of the 9th:
A Resolution proposing an amendment to the Constitution so as to provide that the tax commissioner of Gilmer County shall be authorized to collect tax fi. fas. issued by the tax commissioner; and for other purposes.

HR 720-1522. By Mr. Paris of the 23rd: A Resolution to compensate Donald L. Wall; and for other purposes.

HB 1523. By Mr. Newton of the 50th:
A Bill to be entitled an Act to amend an Act establishing a board of commissioners of roads and revenues for the county of Jenkins, so as to increase the number of members of said board; and for other purposes.

HB 1524. By Mr. Newton of the 50th:
A Bill to be entitled an Act to create a new Board of Education of Jenkins County; and for other purposes.

HB 1525. By Mr. Collins of the 88th:
A Bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Mitchell County; and for other purposes.

HB 1526. By Mr. Pafford of the 97th:
A Bill to be entitled an Act to amend an Act establishing a Board of Commissioners of Roads and Revenues for Echols County, so as to change the terms of office of the members of the Board; and for other purposes.

HB 1527. By Mr. Pafford of the 97th:
A Bill to be entitled an Act to provide a supplementary salary payable from county funds for certain clerks of the superior courts of this State; and for other purposes.

HB 1528. By Mr. Pafford of the 97th:
A Bill to be entitled an Act to provide for the election of the members of the Board of Education of Echols County; and for other purposes.

HB 1529. By Mr. Pafford of the 97th:
A Bill to be entitled an Act to amend an Act creating the County Court of Echols County, so as to change the term of office of the Judge; and for other purposes.

TUESDAY, FEBRUARY 27, 1968

1983

HB 1530. By Messrs. Smith of the 114th, Whaley and Tye of the 115th, Berry and Gignilliat of the 113th and Battle of the 116th:
A Bill to be entitled an Act to establish the Local Government Tax Commission of Chatham County and the Municipalities of Chatham County; and for other purposes.

HB 1531. By Mr. McCracken of the 49th: A Bill to be entitled an Act to add two members of the board of edu cation of Jefferson County; and for other purposes.
HB 1532. By Mr. Collins of the 62nd: A Bill to be entitled an Act to provide for the election of members of the Board of Education of Toombs County; and for other purposes.

HB 1533. By Mr. Collins of the 62nd:
A Bill to be entitled an Act to amend an Act providing for grants to certain incorporated municipalities of this state to be used for any public purposes, so as to provide for minimum grants; and for other purposes.

HB 1534. By Mr. Ward of the 2nd:
A Bill to be entitled an Act to amend an Act creating a board of utili ties commissioners for Catoosa County, so as to provide for additional powers of said commissioners, including the right of eminent domain; and for other purposes.

HB 1535. By Mr. Moore of the 12th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Stephens County upon an annual salary, so as to change the com pensation of the sheriff; and for other purposes.

HB 1536. By Mr. Moate of the 39th:
A Bill to be entitled an Act to amend the original New Charter of the City of Eatonton, so as to provide for an increase in the salaries and compensation of the members of Council; and for other purposes.

HB 1537. By Mr. Moore of the 12th:
A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court of Stephens County upon annual salary, so as to in crease the salary of the Clerk of the Superior Court and to increase the allotment of County funds for the purpose of compensating per sonnel within his office; and for other purposes.

1984

JOURNAL OP THE HOUSE,

HB 1538. By Mr. Moore of the 12th:
A Bill to be entitled an Act to authorize the Stephens County Develop ment Authority to issue revenue bonds; and for other purposes.

HB 1539. By Mr. Moore of the 12th:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Stephens County upon an annual salary, so as to change the salary of the Ordinary; and for other purposes.

HB 1540. By Messrs. Adams of the 125th, Carnes of the 129th, Dillon of the 128th, Sims of the 131st and others:
A Bill to be entitled an Act to amend an Act creating a Civil Service Board in Fulton County, so as to provide that the members of the Civil Service Board shall be paid at the rate of $35.00 per diem for the time actually devoted to the Board; and for other purposes.

HB 1541. By Messrs. Scarlett and Harris of the 85th:
A Bill to be entitled an Act to amend the Charter of the City of Bruns wick, so as to provide a successful primary candidate shall not be required to file a nominating petition; and for other purposes.

HB 1542. By Mr. Malone of the 117th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for DeKalb County, so as to increase the compensation of the chairman and members; and for other purposes.

HB 1543. By Messrs. Snow and Crowe of the 1st:
A Bill to be entitled an Act to provide for the election of the members of the Board of Education of Walker County; and for other purposes.

HB 1544. By Mr. Lewis of the 50th:
A Bill to be entitled an Act to amend an Act abolishing the mode of compensating the sheriff of Burke County, so as to change the com pensation of the sheriff; and for other purposes.

HR 722-1544. By Mr. Kaylor of the 4th:
A Resolution proposing an amendment to the Constitution so as to create the City of Blue Ridge Industrial Development Authority; and for other purposes.

TUESDAY, FEBRUARY 27, 1968

1985

HB 1545. By Messrs. Murphy of the 26th and Hale of the 1st:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to change the compensation of the Deputy Director of the Department of Public Safety; and for other purposes.

HB 1550. By Messrs. Odom of the 79th, Wilson of the 102nd, Paris of the 23rd, Cook of the 123rd, Floyd of the 7th and Pickard of the 112th:
A Bill to be entitled an Act to authorize the insurance of all the State's employees, including employees of Authorities, Commissions, Bureaus, and Boards of the State, for the receipt of benefits as pre scribed by the State's Workmen's Compensation Statutes; and for other purposes.

HR 724-1150. By Messrs. Turner of the 123rd, Carnes of the 129th, Adams of the 125th, Dillon of the 128th and others:
A Resolution proposing an amendment to the Constitution so as to declare the acquisition, establishment, operation and administration of public parking facilities in Fulton County to be an essential govern mental function and a public purpose, and to authorize the creation of public corporations and authorities for such purposes; and for other purposes.

HR 725-1550. By Messrs. Smith of the 54th, Busbee of the 79th, Hale of the 1st, Lambert of the 38th and Jones of the 76th:
A Resolution proposing an amendment to the Constitution so as to provide for an independent General Assembly by electing the members thereof for 4 year terms at a different General Election from the one at which the Governor is elected; and for other purposes.

HB 1575. By Messrs. Longino of the 122nd, Gates of the 123rd, Turner of the 123rd, Cook of the 123rd, Gary, Lee and Northcutt of the 85th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, so as to change the residence qualifications for councilmen; and for other purposes.

HB 1576. By Mr. Caldwell of the 51st:
A Bill to be entitled an Act to amend an Act authorizing certain coun ties to establish and maintain law libraries to the use of judges, solici tors, ordinaries, and other officers of the Courts of said counties, so as to provide that the funds for the establishment and maintenance of said libraries be limited to the certain criminal and civil actions upon which the Court costs are actually paid; and for other purposes.

1986

JOURNAL OF THE HOUSE,

SB 236. By Senator Johnson of the 38th:
A Bill to be entitled an Act to provide for the compensation of the Sheriff of certain counties, and the procedure in connection with the payment thereof; and for other purposes.

SB 362. By Senator Kilpatrick of the 44th:
A Bill to be entitled an Act to amend an Act incorporating the City of Lake City, so as to change the date of elections; and for other pur poses.

SB 363. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend an Act pertaining to the State Highway Department paying or participating in the payment of the cost of relocating certain utility lines; and for other purposes.

SB 365. By Senator Hensley of the 33rd:
A Bill to be entitled an Act to amend an Act creating the Cobb CountyMarietta Water Authority, so as to change the rate of interest payable and maturity date on revenue bonds; and for other purposes.

SB 371. By Senator Holloway of the 12th:
A Bill to be entitled an Act to provide that consensual transactions of minors who are 18 years of age or older shall be as effective as though such minors were of the age of majority; and for other purposes.

SB 372. By Senator London of the 50th:
A Bill to be entitled an Act to abolish the present method of compensat ing the tax collector of Fannin County; and for other purposes.

SR 180. By Senators Johnson of the 38th, Maclntyre of the 40th, Smith of the 34th and others:
A Resolution proposing an amendment to the Constitution, so as to authorize the City of Atlanta to issue bonds without a referendum election under certain conditions; and for other purposes.

SR 184. By Senators Smith of the 34th, Maclntyre of the 40th, Johnson of the 38th and others:
A Resolution proposing an amendment to the Constitution, so as to authorize the City of Atlanta to issue bonds without a referendum election under certain conditions; and for other purposes.

TUESDAY, FEBRUARY 27, 1968

1987

SR 197. By Senator Kennedy of the 4th:
A Resolution to compensate Honorable Henry C. Kennedy; and for other purposes.

SR 213. By Senators Pennington of the 45th, McGill of the 24th, Dean of the 6th and others:
A Resolution proposing an amendment to the Constitution so as to provide that the sale of milk is in the public interest and, as such, may be regulated by the General Assembly; and for other purposes.

Mr. Rainey of the 69th, Chairman of the Committee on Game & Fish, sub mitted the following report:
Mr. Speaker:
Your Committee on Game & Fish has had under consideration the following Bills and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1483. Do Pass. HB 1193. Do Pass by Substitute. HR 655. Do Pass.
Respectfully submitted, Rainey of the 69th, Chairman.
Mr. Conner of the 91st, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 747. Do Pass. SB 320. Do Pass.
Respectfully submitted, Conner of the 91st, Chairman.

1988

JOURNAL OP THE HOUSE,

Mr. Clarke of the 45th, Chairman of the Committee on Local Affairs, sub mitted the following report:

Mr. Speaker:

Your Committee on Local Affairs has had under consideration the follow ing Bills and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recom mendations :

HB

581. Do Pass.

HB

582. Do Pass by Substitute.

HB

765. Do Pass by Substitute.

HB

835. Do Pass.

HB 1258. Do Pass.

HB 1368. Do Pass.

HB 1475. Do Pass.

HB 1487. Do Pass by Substitute.

HB 1488. Do Pass by Substitute.

HB 1491. Do Pass.

HB 1493. Do Pass.

HB 1494. Do Pass.

HB 1495. Do Pass.

HB 1497. Do Pass.

HB 1499. Do Pass.

HB 1500. Do Pass.

HB 1501. Do Pass.

HB 1502. Do Pass.

HB 1503. Do Pass.

HB 1504. Do Pass.

HB 1509. Do Pass.

HB 1515. Do Pass.

HB 1517. Do Pass.

HB 1518. Do Pass.

HB 1519. Do Pass.

HB 1520. Do Pass.

HB 1521. Do Pass.

HB 1522. Do Pass

TUESDAY, FEBRUARY 27, 1968

1989

HB 1523. Do Pass.

HB 1524. Do Pass.

HB 1525. Do Pass.

HB 1526. Do Pass.

HB 1528. Do Pass.

HB 1529. Do Pass.

HB 1531. Do Pass.

HB 1532. Do Pass.

HB 1534. Do Pass.

HB 1535. Do Pass.

HB 1537. Do Pass.

HB 1538. Do Pass.

HB 1539. Do Pass.

HB 1541. Do Pass.

HB 1544. Do Pass.

HR 719-1522. Do Pass.

SB

372. Do Pass

SR

193. Do Pass

Respectfully submitted, Clarke of the 45th, Chairman.

Mr. Dorminy of the 72nd, Chairman of the Committee on Natural Resources, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources has had under consideration the fol lowing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1377. Do Pass. HB 1396. Do Pass by Substitute.
Respectfully submitted, Dorminy of the 72nd, Chairman.

1990

JOURNAL OP THE HOUSE,

Mr. Steis of the 100th, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the fol lowing Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1153. Do Pass. SB 332. Do Pass. SB 265. Do Pass. SB 276. Do Pass. HB 1115. Do Pass. HB 1116. Do Pass.
Respectfully submitted,
Steis of the 100th,
Chairman.

Mr. McCracken of the 49th, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the fol lowing Bills and Resolution of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recom mendations :
HB 1246. Do Pass. HR 426-941. Do Pass by Substitute. SB 359. Do Pass as Amended.
Respectfully submitted,
McCracken of the 49th,
Chairman.

Mr. Melton of the 34th, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the follow-

TUESDAY, FEBRUARY 27, 1968

1991

ing Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 314. Do Pass by Substitute. HB 1059. Do Not Pass. HB 1489. Do Pass.
Respectfully submitted, Melton of the 34th, Chairman.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has disagreed to the House amendment to the following Bill of the Senate, to-wit:

SB 210. By Senator Minish of the 48th:
A Bill to amend Code Section 74-111, relating to reports of cruel treat ment of children, so as to include dentists among those parties permitted to report cases of cruel treatment of children with immunity from civil or criminal liability; to repeal conflicting laws; and for other purposes.

The Senate has adopted the report of the Committee of Conference on the following Bill of the House, to-wit:

HB 281. By Messrs. Starnes of the 13th, and Bennett of the 95th:
A Bill to amend Code Chapter 26-11 relating to the crimes of abortion, foeticide and infanticide, so as to provide for the additional exceptions where such acts are undertaken or accomplished by physicians; to pro vide the circumstances when such acts shall be lawful; to repeal con flicting laws; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:

SB 246. By Senators Webb of the llth, Smith of the 18th and Smalley of the 28th:
A Bill to be entitled an Act to amend an Act providing retirement benefits for the clerks of the superior courts of Georgia; to repeal con flicting laws; and for other purposes.

1992

JOURNAL OF THE HOUSE,

SB 364. By Senators McGill of the 24th, Fincher of the 51st, Carter of the 14th and others:
A Bill to provide a salary payable from State funds for each solicitor general effective at the beginning of the next term of office of each solicitor general; to repeal conflicting laws; and for other purposes.

SB 366. By Senator Stephens of the 36th:
A Bill to provide that no person, firm or corporation shall employ or use juveniles for the purposes of soliciting money or objects of value without first filing letters containing certain information; to repeal conflicting laws; and for other purposes.

The Senate has agreed to the House amendment to the following Bill of the Senate:
SB 234. By Senators Eldridge of the 7th, Flowers of the 10th, Young of the 13th and others: A Bill to establish the State Department of Air Transportation; and for other purposes.

The Senate has agreed to the House amendment to the Senate amendment to the following Bill of the House, to-wit:

HB 1105. By Mr. Snow of the 1st:
A Bill to incorporate the City of Lookout Mountain; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:

SB 241. By Senator Johnson of the 38th:
A Bill to amend an Act approved December 23, 1953, for the protection of pension rights of county employees; to repeal conflicting laws; and for other purposes.

SB 242. By Senator Johnson of the 38th:
A Bill to amend an Act approved August 13, 1924, providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000; to repeal conflict ing laws; and for other purposes.

TUESDAY, FEBRUARY 27, 1968

1993

SB 243. By Senator Johnson of the 38th:
A Bill to amend the Act approved August 20, 1927, providing that cities having a population of more than 150,000 shall furnish pensions to officers and employees; and for other purposes.

SB 274. By Senator Johnson of the 38th:
A Bill to amend an Act entitled "An Act to amend an Act entitled 'An Act to establish the Criminal Court of Atlanta'" pertaining to the offices of Judge and Solicitor General of the Criminal Court of Fulton County; to repeal conflicting laws; and for other purposes.

SB 277. By Senators Johnson of the 38th, Sells of the 37th, Ward of the 39th, and others:
A Bill to amend an Act entitled "An Act to carry into effect in the City of Atlanta the provisions of the amendment to Paragraph 1, Sec tion 7, of Article 6 of the Constitution of the State of Georgia" per taining to the office of Judge of the Civil Court of Fulton County; to repeal conflicting laws; and for other purposes.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:

SB 241. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act approved December 23, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 3000) for the protection of pension rights of county employees; and for other purposes.
Referred to the Committee on Local Affairs.

SB 243. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act providing that cities hav ing a population of more than 150,000 shall furnish pensions to officers and employees; and for other purposes.
Referred to the Committee on Local Affairs.

SB 274. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act to establish the Criminal Court of Atlanta, pertaining to the offices of Judge and Solicitor General of the Criminal Court of Fulton County; and for other pur poses.
Referred to the Committee on Local Affairs.

1994

JOURNAL OF THE HOUSE,

SB 277. By Senators Johnson of the 38th, Sells of the 37th, Ward of the 39th, and others:
A Bill to be entitled an Act to amend an Act to carry into effect in the City of Atlanta the provisions of the amendment to Paragraph 1, Section 7, of Article 6 of the Constitution of the State of Georgia, pertaining to the office of Judge of the Civil Court of Fulton County; and for other purposes.
Referred to the Committee on Local Affairs.

SB 242. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000; and for other purposes.
Referred to the Committee on Local Affairs.

SB 246. By Senators Webb of the llth, Smith of the 18th, and Smalley of the 28th:
A Bill to be entitled an Act to amend an Act providing retirement bene fits for the clerks of the superior courts of Georgia; and for other purposes.
Referred to the Committee on State of Republic.

SB 364. By Senators McGill of the 24th, Fincher of the 51st, Carter of the 14th and others:
A Bill to be entitled an Act to provide a salary payable from State funds for each solicitor general effective at the beginning of the next term of office of each solicitor general; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 366. By Senator Stephens of the 36th:
A Bill to be entitled an Act to provide that no person, firm, or corpora tion shall employ or use juveniles for the purposes of soliciting money or objects of value without first filing letters containing certain in formation; and for other purposes.
Referred to the Committee on Industry.

By unanimous consent, the following Bill of the House was recommitted to the Committee on State of Republic for further study:

HB 1020. By Mr. Steis of the 100th:
A Bill to be entitled an Act to amend an Act establishing an Employees Retirement System of Georgia, so as to provide that the phrase "in-

TUESDAY, FEBRUARY 27, 1968

1995

voluntary separation from employment without prejudice" shall include in its definition the failure in an election of an elective official; and for other purposes.

By unanimous consent, the Clerk was directed to request the following Bill of the Senate be returned to the House for the purpose of amending the same:

SB 234. By Senators Eldridge of the 7th, Flowers of the 10th, Young of the 13th and Rowan of the 8th:
A Bill to he entitled an Act to establish the State Department of Air Transportation; and for other purposes.

By unanimous consent, the following Bill of the Senate was recommitted to the Committee on Local Affairs for further study:

SB 272. By Senators Kilpatrick of the 44th, Searcey of the 2nd, Knight of the 16th and Plunkett of the 30th:
A Bill to he entitled an Act to amend an Act providing for the annexa tion of areas contiguous to incorporated municipalities by petition and providing procedures therefor, so as to change the percentages; and for other purposes.

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

HB 1159. By Messrs. Williams of the 16th, Johnson of the 40th and others:
A Bill to be entitled an Act to amend an Act so as to change the number of chains or cables which secure pulpwood to the vehicles on which it is being transported; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act providing for the chaining or cabling of loads of pulpwood, logs and lumber transported on the public highways of this State, approved March 13, 1957 (Ga. Laws 1957, p. 379), so as to change the number of chains or cables which secure pulpwood to the vehicle on which it is being transported; to pro vide for the size of chains or cables which secure logs and lumber to the vehicle on which it is being transported; to provide the chains or cables shall be secured by a tightening device; to repeal conflicting laws; and for other purposes.

1996

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:

Section 1. An Act providing for the chaining or cabling of loads of pulpwood, logs and lumber transported on the public highways of this State, approved March 13, 1957, (Ga. Laws 1957, p. 379), is hereby amended by striking Sections 1 and 2 in their entirety and substituting in lieu thereof new Sections 1 and 2 to read as follows:

"Section 1. Each load of pulpwood transported on any vehicle with fixed metal standards upon any public road or highway in this State shall be secured with no less than one binder chain at least 5/16 of an inch in size or a cable equivalent to the strength of such chain (to be located approximately in the center of the load) around each frame if loaded as separate units and each chain shall be equipped with a tightening device. The driver shall be required to check to be sure that these chains or cables are tight and secure before departing the point of origin and again before entering any State or Federal highways. Each load of pulpwood transported on any vehicle with movable or wood standards upon any public road or highway in this State shall be secured with not less than two binder chains of at least 5/16 of an inch in size or cables equiva lent to the strength of the chains. The binder chains or cables shall be secured by a tightening device to the frame of the vehicle trans porting the pulpwood at the front and rear of the load.

"Section 2. Each load or unit of logs or lumber transported upon any public road in this State shall be securely chained or cabled together with not less than two (2) chains at least 5/16 of an inch in size or cable equivalent thereto."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Williams of the 16th moved that the House disagree to the Senate substitute.

The motion prevailed, and the House disagreed to the Senate substitute to HB 1159.

By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 1471. By Mr. Black of the 56th:
A Bill to be entitled an Act to change the corporate limits of any municipality in this State having a population of not less than 1,000 nor more than 1,400, located in any county having a population of not less than 7,370 nor more than 7,450; and for other purposes.

TUESDAY, FEBRUARY 27, 1968

1997

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1473. By Mr. Leggett of the 21st:
A Bill to be entitled an Act to amend an Act creating the Paulding County Water Authority, so as to grant the Authority power to create and maintain a county-wide sewerage system; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1480. By Messrs. Gaynor of the 114th, Funk and Richardson of the 116th and Gignilliat and Berry of the 113th:
A Bill to be entitled an Act to supplement the salaries of the Judges of the superior court of the Eastern Judicial Circuit of Georgia, which lies wholly within the County of Chatham, by an additional sum of $2,400 to be paid by the commissioners of Chatham County in addition to that now provided by the Constitution and laws of this State; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1482. By Mr. Black of the 56th:
A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court and the Ordinary in Stewart County, so as to provide that all fees, costs or other emoluments of each of said officers shall become the property of the county; and for other pur poses.

1998

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1484. By Mr. Black of the 56th:
A Bill to be entitled an Act to increase the compensation of the tax commissioner of Stewart County to provide that all fees, costs or other emoluments of the tax commissioner shall become the property of the county, with certain exceptions; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 122, nays 0.

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

HB 1485. By Mr. Black of the 56th:
A Bill to be entitled an Act to amend an Act abolishing the present method of compensating the Sheriff of Stewart County known as a fee system and providing in lieu thereof an annual salary, so as to change the salary of said Sheriff; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 112, nays 0.

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

HB 1490. By Mr. Mullinax of the 42nd:
A Bill to reincorporate the City of LaGrange in the County of Troup; to create a new Charter for said City; to provide its corporate limits; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

TUESDAY, FEBRUARY 27, 1968

1999

On the passage of the Bill, the ayes were 112, nays 0.

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

HR 681-1473. By Mr. Tucker of the 36th:
A RESOLUTION
Proposing an amendment to Article VII, Section VII, Paragraph I of the Constitution so as to authorize Henry County to incur an addi tional indebtedness for water and sewerage purposes and evidence same by the issuance of its general obligation water and sewerage bonds in an amount not to exceed seven per centum (7%) of all property within said County subject to taxation for bond purposes, which debt limita tion shall be in addition to and separate and distinct from the seven per centum (7%) debt limitation now imposed by the Constitution; to authorize the County to levy taxes without limitation to rate or amount sufficient to pay the principal of and interest on said bonds as same mature; to authorize the levy of taxes to operate and maintain said water and sewerage system; to provide for the submission of this amendment for ratification or rejection, and for other purposes:
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
*
SECTION 1
Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following:
"Anything in this Constitution to the contrary notwithstand ing, Henry County is hereby authorized to incur an additional in debtedness for water and sewerage purposes and evidence the same by the issuance, from time to time, of its direct general obligation water and sewerage bonds, but the aggregate principal amount of such general obligation bonds outstanding at any one time shall not exceed seven per centum (7%) of the assessed value of all taxable property within the County subject to taxation for bond purposes. Said debt limitation shall be in addition to and separate from the seven per centum (7%) debt limitation now imposed by Article VII, Section VII, Paragraph I of the Constitution. Nothing herein contained shall limit or otherwise affect the amount of bonds Henry County may issue under said Article VII, Section VII, Paragraph I of the Constitution for other purposes. Said County is hereby authorized to levy taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as same mature. The issuance or non-issuance of said water and sewerage bonds shall be submitted to the registered, qualified voters of the County for their determination as provided under Article VII, Section VII, Paragraph I of the Constitution and the

2000

JOURNAL OP THE HOUSE,

laws of this State. In addition to the foregoing, the governing authority of Henry County is hereby authorized to levy taxes to pay the cost of operating, maintaining, repairing or otherwise improv ing the water and sewerage system of said County. The provisions of this amendment are cumulative and are in addition to all other rights and authority which have heretofore been conferred or may hereafter be conferred upon Henry County, under the Constitution and laws of the State of Georgia, including, but not limited to, the right and authority of said County to issue its water and sewerage revenue bonds under the Constitution and the Revenue Bond Law (Ga. Laws 1957, p. 36 et. seq., as amended) amending the law for merly known as the Revenue Certificate Law (Georgia Laws 1937, p. 761 et seq., as amended). This amendment is self-enacting and does not require any enabling legislation for it to become effec tive; provided, however, the General Assembly may by law grant further and additional powers to the County not inconsistent with the provisions of this amendment."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to authorize Henry County to issue its general obligation water and sewerage bonds and to incur an additional bonded
NO ( ) indebtedness for such purpose not to exceed seven per centum (7%) of the assessed value of taxable prop erty thereon subject to taxation for bond purposes, which debt limitation shall be in addition to the seven per centum (7%) debt limitation now imposed by this Constitution and to levy taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as same mature and to levy taxes to pay the cost of operating, maintaining, re pairing and improving the water and sewerage sys tem of said County?"

All persons desiring to vote in favor of adopting the proposed amendment shall do so by voting "Yes" as to the question propounded and all persons desiring to vote against the adoption of the proposed amendment shall do so by voting "Yes" as to the question propounded

If such amendment shall be ratified as provided in said Article XIII, Section I, Paragraph I of the Constitution, as amended, it shall become a part of the Constitution of this State. The returns of the

TUESDAY, FEBRUARY 27, 1968

2001

election shall be made in like manner as returns for elections for mem bers of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Battle Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bo wen Branch Brantley, H. H. Bray Brown, B. D. Brown, C. Buck Carnes Gates Cato Chandler Cheeks Cole Collins, J. F. Collins, M. Colwell Conner Cook Cooper, J. R. Cox Crowe, W. J. Dailey Daugherty Davis DeLong Dent

Dickinson Dillon Dodson Dollar Doster Douglas Edwards Egan Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Gunter Hadaway Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham Holder Hood Hutchinson Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Laite

Lambert Lambros Land Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Le vitas Lewis Longino Lovell Lowrey Malone Mason Matthews, C. Mauldin Maxwell McClatchey Melton Miller Mixon Moore, Don C. Moore, J. H. Moreland Mullinax Nash Newton Nimmer Northcutt Otwell Pafford Palmer Parker, C. A. Parker, H. W. Parrish Peterson Phillips

2002
Pickard Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Savage Scarlett Shanahan

JOURNAL OF THE HOUSE,

Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, V. T. Smith, W. L. Stalnaker Starnes Steis Thompson, R. Townsend Tye

Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Westlake Whaley Williams Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Barfield Bennett Brantley, H. L. Busbee Caldwell Clarke Cooper, B. Crowe, William Dean Dixon Dorminy Fallin Farmer Farrar Grier Hale Henderson

Hill Howard Howell Jenkins Johnson, A. S. Johnson, B. Jordan, W. H. Knapp Lane, W. J. Magoon Matthews, D. R. McCracken McDaniell Merritt Moate Murphy Nessmith

Odom Oglesby Paris Russell Smith, J. R. Snow Sullivan Sweat Thompson, A. W. Threadgill Tucker Turner Wells Wiggins Wilson, J. M. Mr. Speaker

On the adoption of the Resolution, the ayes were 155, nays 0.

The Resolution, having received the requisite two-thirds constitutional maity, was adopted.
HR 682-1473. By Messrs. Sullivan, Bennett and Barfield of the 95th:
A RESOLUTION
Proposing an amendment to Article XI, Section I, Paragraph VI of the Constitution of Georgia, so as to delegate to the respective governing authorities of the City of Valdosta and County of Lowndes authority to merge and consolidate, by joint resolution, and with or without an enabling act of the General Assembly of Georgia, the offices, officers and functions of the City of Valdosta and of the County of Lowndes

TUESDAY, FEBRUARY 27, 1968

2003

relating to the time, manner and method for the return, collection, prop erty assessment, notice of property assessment, hearing, appeal, arbitra tion or review of property assessment, lien, priority of lien and collection of ad valorem taxes levied by the City of Valdosta, County of Lowndes and State of Georgia and respecting any and all other matters relating or incident to the same; 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 XI, Section I, Paragraph VI of the Constitution of Georgia is hereby amended by adding at the end thereof a new paragraph to read as follows:

"Provided, however, that notwithstanding any provision of law or of this Constitution to the contrary, the respective governing authorities of the City of Valdosta and the County of Lowndes may, solely by their joint resolution, consolidate, merge and combine the offices, officers and functions of the City and of the County relating to the time, manner and method for the return, collection, property assessment, notice of property assessment, hearing, appeal, arbitra tion or review of property assessment, lien, priority of lien and collection of ad valorem taxes levied by the City of Valdosta and County of Lowndes and State of Georgia, and respecting any and all other matters relating or incident to the same, to specify and pro vide for the time, method and manner of performing any and all such matters and functions, and, without limitation of the foregoing gen erality, including the retention, release, or combination of present offices and officers, positions and employees, the election or selec tion of officers and employees to perform such consolidated and combined tax functions, the compensation and tenure of office and employment of such officers and employees, their classification as officers or employees of either the City or County or both for pur poses of compensation coverage and retirement, pension and old-age benefits, the designation of the place or places for the performance of the services and duties connected with or incident to the consoli dated and combined tax function between the City and County, and all other related or incident matters; provided, further, however, that the Tax Commissioner of the County of Lowndes, as elected from time to time pursuant to law applicable to such office, shall be in charge of such combined and consolidated tax office and function, subject, however, to such limitations upon his authority and power as may be imposed by said joint resolution, and such Tax Commis sioner shall, except as to matters relating to ad valorem taxation, additionally perform the duties of this office as Tax Commissioner as required by law applicable to that office; provided, further, that in the performance of any and all of the matters herein authorized and relating to ad valorem taxation, due process of law shall be afforded and the right of any person homestead exemptions as pro vided by law and as related to ad valorem taxes due to the State of Georgia and County of Lowndes shall not be affected hereby or hereunder; provided, further, that the powers herein delegated may

2004

JOURNAL OF THE HOUSE,
be exercised from time to time and either together, separately or in any combination of the same. Provided, however, that such action may be changed, superseded, or revoked by legislative action which Act shall be binding on the City and County until subsequently changed by the General Assembly; and provided further nothing herein shall be construed to authorize any change in the ad valorem tax millage limitation prescribed by any legislative Act."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to delegate to the respective governing authorities of the City of Valdosta and County of Lowndes authority to merge and consolidate, by joint resolution, and with or with out an enabling act of the General Assembly of Georgia, the offices, officers and functions of the City of Val dosta and the County of Lowndes relating to the time,
NO ( ) manner and method for the return, collection, property assessment, notice of property assessment, hearing, appeal, arbitration or review of property assessment, lien, priority of lien and collection of ad valorem taxes levied by the City of Valdosta, County of Lowndes and State of Georgia and respecting any and all other mat ters relating or incident to the same?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

TUESDAY, FEBRUARY 27, 1968

2005

Those voting in the affirmative were Messrs.

Adams Alexander Anderson Ballard Barber Battle Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen Branch Brantley, H. H. Bray Brown, B. D. Brown, C. Buck Carnes Gates Cato Chandler Cheeks Cole, Collins, J. F. Collins, M. Colwell Conner Cook Cooper, J. R. Cox Crowe, W. J. Dailey Daugherty Davis DeLong Dent Dickinson Dillon Dodson
Dollar
Doster
Douglas
Edwards
Egan
Fleming
Floyd
Funk
Gary
Gay
Gaynor

Gignilliat Grahl Graves Gunter Hadaway Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Higginbotham Holder Hood Hutchinson Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Laite Lambert Lambros Land Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Longino Lovell Lowrey Malone Mason Matthews, C. Mauldin
Maxwell
McClatchey
Melton
Miller
Mixon
Moore, Don C.
Moore, J. H.
Moreland
Mullinax
Nash
Newton

Nimmer Northcutt Otwell Pafford Palmer Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, V. T. Smith, W. L. Stalnaker Starnes Steis Thompson, R. Townsend Tye Underwood Vaughan, D. N. Vaughn, C. R.
Walling
Wamble
Ward
Ware
Westlake
Whaley
Williams
Wilson, R. W.
Winkles
Wood

2006

JOURNAL OP THE HOUSE,

Those not voting were Messrs.:

Barfield Bennett Brantley, H. L. Busbee Caldwell Clarke Cooper, B. Crowe, William Dean Dixon Dorminy Fallin Farmer Farrar Grier Hale Henderson

Hill Howard Howell Jenkins Johnson, A .S. Johnson, B. Jordan, W. H. Knapp Lane, W. J. Magoon Matthews, D. R. McCracken McDaniell Merritt Moate Murphy Nessmith

Odom Oglesby Paris Russell Smith, J. R. Snow Sullivan Sweat Thompson, A. W. Threadgill Tucker Turner Wells Wiggins Wilson, J. M. Mr. Speaker

On the adoption of the Resolution, the ayes were 155 nays 0.

The Resolution, having received the requisite two-thirds constitutional major ity, was adopted.

HR 684-1477. By Mr. Dollar of the 89th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Decatur County-Bainbridge Industrial Development Authority; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section VII, Paragraph V of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic to be known as the 'Decatur County-Bainbridge Industrial Development Authority', which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and by that name, style and title said body may contract and be contracted with, sue and be sued, plead and be impleaded, and complain and defend in all courts of law and equity.

TUESDAY, FEBRUARY 27, 1968

2007

"B. The Authority shall be composed of twelve (12) members, two of whom shall be appointed by the Commissioners of Roads and Revenues of Decatur County, two of whom shall be appointed by the Mayor and Council of the City of Bainbridge, two of whom shall be appointed by the Chairman of the Committee of One-Hundred, two of whom shall be appointed by the Chamber of Commerce of the City of Bainbridge, two of whom shall be appointed by the Junior Chamber of Commerce of the City of Bainbridge, and one of whom shall be appointed by the Citizens Bank and Trust Company, and one of whom shall be appointed by the First State National Bank. The members of the Authority shall be appointed for a term of one year. In the event a vacancy occurs on the Authority for any reason, the appointing Authority shall appoint a member to serve the unexpired term. The Authority is hereby empowered to elect its own Chairman and Vice-Chairman and Secretary from its member ship. The members of the Authority shall receive no compensation for their service on the Authority.

"C. As used in this amendment, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context:

(1) The word 'Authority' shall mean the Decatur CountyBainbridge Industrial Development Authority.

(2) The word 'Project' shall he deemed to mean and include the acquisition of lands, properties and improvements for de velopment, expansion and promotion of jobs and payrolls in industry, commerce, agriculture, and natural resources; the construction of buildings and plants or the acquisition of equip ment for the purpose of selling, leasing or renting such struc tures or equipment to private persons, firms or corporations.

(3) The term 'cost of project' shall embrace the cost of con struction, the cost of all lands, properties, easements, rights and franchises acquired, the cost of machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction, cost of engineer ing, architectural and legal expenses, and plans and specifica tions and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or inci dent to the financing herein authorized, the construction of any project and placing the same in operation. The funds the Authority may borrow and the interest paid thereon, for interim or temporary financing for any of the above named items for the use of a designated project, pending the issue and validation of revenue anticipation bonds for such project, shall be consid ered a 'cost of project' which may be paid or repaid from the proceeds of the revenue anticipation bonds authorized herein in paragraph G.

"D. The County of Decatur, the City of Bainbridge, the State of Georgia and any political subdivision thereof are expressly

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authorized to enter into contracts with the Authority as a public corporation.

"E. Any seven (7) members shall constitute a quorum for the transaction of the ordinary business of the Authority; however, any action with respect to any project of the Authority must be approved by not less than seven (7) affirmative votes.
"F. The Authority shall have powers:

(1) To have a seal and alter the same at pleasure.

(2) To acquire, hold, and dispose of personal property, including the stock of other corporation, for its corporate purposes.

(3) To enter into contracts for periods of time not in excess of fifty (50) years.

(4) To acquire in its own name by purchase, on such terms and conditions, and in such manner as it may deem proper, real property or liens or easements therein or franchises necessary or convenient for its corporate purposes, and to use the same, and to lease or make contracts with respect to the use of same or to dispose of same in any manner the Authority deems to its best advantage. If the Authority shall deem it expedient to con struct any project or use any project already constructed on lands, the title to which shall then be in the County of Decatur or the City of Bainbridge, the governing authority of the County of Decatur or the City of Bainbridge is authorized in its discretion to convey title to such lands, including any improve ments thereon, to the Authority.

(5) To appoint and select officers, agents, and employees, including engineers, architects, builders, and attorneys, and to fix their compensation.

(6) To make contracts, and to execute all instruments necessary or convenient, including contracts for construction of projects and leases and rental and sale of projects, or contracts with respect to the use of projects, which it erects or acquires.

(7) To construct, erect, acquire, own, repair, remodel, maintain, extend, improve, sell, equip, expand and to operate and manage projects and to pay the cost of any such project from the proceeds of revenue anticipation certificates or bonds or any other income of the Authority, or from any contribution or loans by persons, firms, or corporations, all of which the Authority is hereby authorized to receive and accept and use.

(8) To borrow money for any of its corporate purposes and to execute notes, mortgages, deeds to secure debt, trust deeds and such other instruments as may be necessary or con venient to evidence and secure such borrowing. It is specifically

TUESDAY, FEBRUARY 27, 1968

2009

provided that in addition to the pledge of revenue from any project for the payment of revenue anticipation bonds and for the benefit of the bondholders, the Authority is authorized to execute mortgages, deeds, to secure debts, trust deeds and such other instruments as may be necessary or convenient covering the property of any particular project as additional security for the bondholders of such project.

(9) To exercise any power granted by the laws of the State of Georgia to public or private corporations, performing similar functions, which is not in conflict with the Constitution and laws of the State of Georgia.

(10) To do all things necessary or convenient to carry out the powers expressly conferred by this amendment.

(11) To adopt, alter or repeal its own bylaws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitat ing its business.

"G. In addition to the purposes for which Revenue Bonds are now permitted by this Constitution to be issued, the Authority, in order to carry out public purposes of this amendment, is hereby authorized to issue Revenue Bonds bearing rate or rates of interest and maturity at the years and amounts determined by the Author ity, and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as heretofore or hereafter amended, Ga. Code Ann. Supp. Charter 87.8, as if said obligations had been originally author ized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, con veyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as pro vided herein, and such trust agreement or indenture may provide for foreclosure, or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any terms or condition under which such bonds are issued.

"H. The Authority is hereby specifically authorized to pur chase or otherwise acquire land and to improve and develop same so as to make said land more desirable for industrial purposes. Such land acquisition and development may be undertaken by the Authority at any time whether or not there is at such time a propective industry considering the purchase or lease of an indus trial site in Decatur County. Such land and improvements may be held by the Authority for any length of time it deems desirable, but any sale, lease or other disposition of same when made, shall be subject to the provisions of Paragraph J hereof.
"I. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or

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corporations shall at any time be used for entertainment or other promotional expenses.

"J. All projects of the Authority shall be on a self-liquidating basis, and the Authority shall not make gifts, directly or indirectly, to any person, firm or corporation.

"K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to the County of Decatur or the City of Bainbridge in proportion to their respective interests therein, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time.
"L. All lands and improvements and personal property, the title to which is vested in the Authority, and all debentures, notes, bonds, and revenue anticipation certificates issued by the Authority shall be exempt from State and local taxation.
"M. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia, the County of Decatur, or City of Bainbridge.
"N. This amendment, being for the purpose of developing and promoting the public good and the welfare of the County of Decatur and its inhabitants, shall be liberally construed to effect the purposes hereof.

"0. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within the County of Decatur and City of Bainbridge and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes.

"P. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict same, and may likewise further regulate the management and conduct of the Authority; provided, however, nothing herein shall be construed so as to authorize the General Assembly to provide by law that the gov erning authority of the County of Decatur or City of Bainbridge may levy an ad valorem tax to carry out the purposes of this
amendment."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided

TUESDAY, FEBRUARY 27, 1968

2011

in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to create the Decatur County-Bainbridge Industrial Development
NO ( ) Authority?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Battle Berry, C. E. Berry, J. K. Black Blalock Bond Bostick Bowen
Branch Brantley, H. H. Bray
Brown, B. D. Brown, C. Buck Carnes Gates

Cato Chandler Cheeks Cole Collins, J. F. Collins, M. Colwell Conner Cook Cooper, J. R. Cox Crowe, W. J. Dailey
Daugherty Davis DeLong
Dent Dickinson Dillon Dodson Dollar

Doster Douglas Edwards Egan Fleming; Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves
Gunter Hadaway Hall
Hamilton Hargrett Harrington Harris, J. F. Harris, J. R.

2012

JOURNAL OF THE HOUSE,

Harris, R. W. Harrison Higginbotham Holder Hood Hutchinson Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Laite Lambert Lambros Land Lane, Dick Lee, W. J. (Bill)
Lee, W. S. Leggett Leonard Levitas Lewis Longino Lovell Lowrey Malone Mason Matthews, C. Mauldin Maxwell

McClatchey Melton Miller Mixon Moore, Don C. Moore, J. H. Moreland Mullinax Nash Newton Nimmer Northcutt Otwell Pafford Palmer Parker, C. A. Parker, W. H. Parrish Peterson Phillips Pickard Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush

Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, V. T. Smith, W. L. Stalnaker Starnes Steis Thompson, R. Townsend Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Westlake Whaley Williams Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Barfield Bennett Brantley, H. L. Busbee Caldwell Clarke Cooper, B. Crowe, William Dean Dixon Dorminy Fallin Farmer Farrar Grier Hale Henderson

Hill Howard Howell Jenkins Johnson, A. S. Johnson, B. Jordan, W. H. Knapp Lane, W. J. Magoon Matthews, D. R. McCracken McDaniell Merritt Moate Murphy Nessmith

Odom Oglesby Paris Russell Smith, J. R. Snow Sullivan Sweat Thompson, A. W. Threadgill Tucker Turner Wells Wiggins Wilson, J. M. Mr. Speaker

On the adoption of the Resolution, the ayes were 155, nays 0.

TUESDAY, FEBRUARY 27, 1968

2013

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 686-1477. By Messrs. Fleming and Maxwell of the 106th, Sherman and DeLong of the 105th and Dent and Cheeks of the 104th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide that the General Assembly shall have the power, by local act, to create, desig nate, vest powers and duties, set terms and compensation, establish functions, combine and consolidate municipal and county public agen cies, departments, boards, bureaus, commissions, and governing authori ties within Richmond County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article XI, Section I, Paragraph VII, of the Constitution, relating to counties and municipal corporations, is hereby amended by adding a new Paragraph to said Section as follows:
"Any other provision of this Constitution notwithstanding the General Assembly shall have power, by local act or acts, to create, designate, vest powers and duties, set terms and compensation, establish other and different municipal, county or combined gov ernments, governing authorities, political subdivisions, public agen cies, courts, offices, officers, boards, bureaus, departments, com missions, and authorities within the limits of Richmond County; to abolish municipal county or combined governments, governing authorities, political subdivisions, public agencies, courts, offices, officers, boards, bureaus, and authorities now or hereafter existing within the limits of Richmond County; to create, transfer or com bine and consolidate any or all of the several powers, authorities, duties, liabilities and functions, which now or hereafter by the Constitution of Georgia or by other provisions of law, may be vested in any municipal or county or combined government, governing authority, political subdivision, public agency, court, office, officer, board, bureau, department, commission or authority now or here after existing within the limits of Richmond County; to create two or more taxing districts within the limits of Richmond County so as to permit different rates of taxation where services rendered in such districts vary; to authorize the transfer of government property to any combined or consolidated government; to provide for the preservation of all existing civil service, pension and re tirement rights, to provide for the assumption of obligations in cluding any bonded indebtedness and any indebtedness under the Georgia Revenue Bond Law outstanding against any existing gov ernment, governing authority, political subdivision or public agency within Richmond County by any appropriate successor; and to pro vide for methods and procedures to effectuate the same."

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Provided however, nothing herein contained shall be construed as authorizing the General Assembly to:

1. Abolish any State or County court or the office of Sheriff of Richmond County; or

2. Alter the status of the Richmond County Board of Educa tion or any constitutional provision by which any such named agency was authorized or preserved.

3. Impair or diminish any civil service pension and retirement rights existing at the time of the ratification of this amendment.

4. Impair or diminish any homestead or other exemptions from taxation now or hereafter specified in this Constitution.

Provided, however, that none of the foregoing limitations ap plicable to the designated courts, offices, officers, boards and com missions which are presently serving the entire area shall be con strued as prohibiting the General Assembly from adding to or in creasing the functions of the public offices, officers or agencies herein next above described, nor from merging the functions and jurisdiction of municipal courts and state courts nor from exercis ing any legislative control with respect thereto which existed prior to the adoption of this paragraph.

Provided, further, that any new combined or consolidated gov ernment shall continue to be eligible to have, hold, enjoy and be entitled to any assistance, credits, benefits, monies, grants, grants in aid, funds, loans, aid, appropriations and matching funds to the same extent that any municipality or county of the State of Georgia now or may hereafter enjoy or possess under the Constitution and laws of the State of Georgia or by other provisions of law or under any present or future State or Federal programs.

The General Assembly in enacting legislation under this au thority, shall make the effectiveness thereof contingent upon its approval by a majority of the qualified voters of the unincorporated areas of Richmond County who are affected thereby and a majority of the qualified voters of the unincorporated areas of Richmond County affected thereby who vote at public referenda to be held as shall in such legislation be prescribed.
The powers herein granted to the General Assembly:
1. Are remedial and shall be liberally construed to effectuate their purpose.
2. May be exercised by it notwithstanding any other provision of this Constitution or of law.
3. Shall not be exhausted by their initial exercise, but may be exercised from time to time as said General Assembly may determine.

TUESDAY, FEBRUARY 27, 1968

2015

4. Are cumulative of all other powers not held by the General Assembly, and are not in lieu thereof.

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended to provide that the General Assembly shall have the power, by local act, to create, designate, vest powers and duties, set
NO ( ) terms and compensation, establish functions, combine and consolidate municipal and county public agencies, departments, boards, bureaus, commissions, and gov erning authorities within Richmond County?"

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

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 returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson
Ballard Barber Battle

Berry, C. E. Berry, J. K. Black
Blalock Bond Bostick

Bowen Branch Brantley, H. H.
Bray Brown, B. D. Brown, C.

2016
Buck Games Gates Cato Chandler Cheeks Cole Collins, J. F. Collins, M. Colwell Conner Cook Cooper, J. R. Cox Crowe, W. J. Dailey Daugherty Da vis DeLong Dent Dickinson Dillon Dodson Dollar Doster Douglas Edwards Egan Fleming Floyd Funk Gary Gay Gay nor Gignilliat Grahl Graves Gunter Hadaway Hall Hamilton Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W.

JOURNAL OP THE HOUSE,

Harrison Higginbotham Holder Hood Hutchinson Joiner Jones, C. M. Jones, M. Jordan, G. Kaylor Kirksey Laite Lambert Lambros Land Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Longino Lovell Lowrey Malone Mason Matthews, C. Mauldin Maxwell McClatchey Melton Miller Mixon Moore, Don C. Moore, J. H. Moreland Mullinax Nash Newton Nimmer Northcutt Otwell Pafford Palmer Parker, C. A.

Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, V. T. Smith, W. L. Stalnaker Starnes Steis Thompson, R. Townsend Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Westlake Whaley Williams Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Barfield Bennett
Brantley, H. L. Busbee Caldwell Clarke

Cooper, B. Crowe, William
Dean Dixon Dorminy Fallin

Farmer Farrar Grier Hale Henderson Hill

TUESDAY, FEBRUARY 27, 1968

2017

Howard Howell Jenkins Johnson, A .S. Johnson, B. Jordan, W. H. Knapp Lane, W. J. Magoon Matthews, D. R. McCracken

McDaniell Merritt Moate Murphy Nessmith Odom Oglesby Paris Russell Smith, J. R. Snow

Sullivan Sweat Thompson, A. W. Threadgill Tucker Turner Wells Wiggins Wilson, J. M. Mr. Speaker

On the adoption of the Resolution, the ayes were 155, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 687-1477. By Mr. Dickinson of the 27th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Douglas County to establish water, sanita tion, sewerage and fire protection districts within the unincorporated areas of Douglas County and within the corporate limits of the munici palities located in said county with the approval of the governing authorities of said municipalities; to provide that said governing au thority may administer water, sanitation, sewerage and fire protection system in said districts; to provide that said governing authority may levy taxes, issue bonds and revenue bonds to operate, maintain and administer such districts and systems; to provide what property shall be taxed for such purposes; to provide for the right of eminent domain; to provide for the submission of this amendment for ratification or rejection; and for other purposes
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The governing authority of Douglas County is hereby given the authority and power to establish and administer within the unincorporated areas of Douglas County, and within the corporate limits of the municipalities located within said county, as here inafter provided, water, sanitation, sewerage and fire protection districts, each of which shall have such areas as may be found by said governing authority to be desirable; and may therein create,

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construct, maintain and operate a system, or systems, lor said pur poses; and provided that a district created for any system may include an area of another district or districts created for the same or other systems or purposes and for said purposes shall have the power to make necessary plans and surveys; to hire necessary em ployees ; to levy taxes or assessments on all property in said district or districts therefor; to issue bonds and revenue bonds for the construction and maintenance of said system; to enter into contracts with private persons, firms, partnerships, public corporations, cor porations and municipal corporations. Taxes may be levied therefor on all property in said districts upon the vote of the majority of the qualified voters of said districts voting at a special election to be called by the ordinary of said county, and to be held in said dis trict upon said question; provided that such taxes shall not exceed five mills upon the valuation of the property located in any such district. Bonds may be issued for such purposes and, if issued, shall be authorized in all respects as provided by Article VII, Section VII, Paragraph I of the Constitution at an election called and held by the governing authority of Douglas County, and only those voters residing in such district shall participate in such election held for that purpose. Any other provision of this Constitution to the con trary notwithstanding, the governing authority of said county may issue bonds in an amount up to seven percent (7%) of the assessed valuation of the property located therein subject to taxation for bond purposes and any such bonds issued in and for any such dis trict shall not affect the amount of bonds Douglas County may issue under Article VII, Section VII, Paragraph I of the Constitu tion for other purposes. Provided further, that the homestead ex emption granted by Article VII, Section I, Paragraph IV of the Constitution, and the statutes enacted pursuant thereto, shall not be granted and shall not apply to the levy of the taxes herein authorized and provided for, either for the operation and main tenance of the systems or for debt service. Provided further, that for the purposes hereinabove enumerated Douglas County shall have the power of eminent domain and may exercise same upon the pay ment of just and adequate compensation as provided by this Con stitution and the laws of this State. The planning, construction and establishing of any such system or systems may be financed in whole or in part by the issuance of revenue bonds, and any revenue bonds issued hereunder shall be issued and validated pursuant to the provisions of the Revenue Bond Law, approved March 31, 1937 (Ga. Laws 1937, p. 761), as the same is now or may hereafter be amended.
"Subject to the approval of the governing authority of any incorporated municipality located within Douglas County, the water, sanitation, sewerage and fire protection districts authorized to be created, as hereinabove provided, may be created within the cor porate limits of any such municipality, and if such districts are created within such municipalities, all provisions relating to the creation of such districts within the unincorporated areas of said County, as herein above provided, shall apply to the districts created within the corporate limits of such municipalities."
SECTION 2
When the above proposed amendment to the Constitution shall have

TUESDAY, FEBRUARY 27, 1968

2019

%.

been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to authorize the governing authority of Douglas County to estab lish water, sanitation, sewerage and fire protection districts within the unincorporated areas of Douglas County and within the corporate limits of the munici-
NO ( ) palities located in said County within the approval of the governing authorities of said municipalities to provide that said governing authority may administer water, sanitation, sewerage and fire protection sys tems in said districts; to provide that said governing authority may levy taxes, issue bonds and revenue bonds to operate, maintain and administer such dis tricts and systems; to provide what property shall be taxed for such purposes; to provide for the right of eminent domain?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber

Battle Berry, C. E. Berry, J. K. Black Blalock

Bond Bostick Bowen Branch Brantley, H. H.

2020
Bray Brown, B. D. Brown, C. Buck Carnes Gates Cato Chandler Cheeks Cole Collins, J. P. Collins, M. Colwell Conner Cook Cooper, J. R. Cox Crowe, W. J. Dailey Daugherty Davis DeLong Dent Dickinson Dillon Dodson Dollar Doster Douglas Edwards Egan Fleming Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Gunter Hadaway Hall Hamilton Hargrett Harrington Harris, J. F.

JOURNAL OF THE HOUSE,

Harris, J. R. Harris, R. W. Harrison Higginbotham Holder Hood Hutchinson Joiner Jones, C. M. Jones, M. Jordan, G. K aylor Kirksey Laite Lambert Lambros Land Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Levitas Lewis Longino Lovell Lowrey Malone Mason Matthews, C. Mauldin Maxwell McClatchey Melton Miller Mixon Moore, Don C. Moore, J. H. Moreland Mullinax Nash Newton Nimmer Northcutt Otwell Pafford Palmer

Parker, C. A. Parker, H. W. Parrish Peterson Phillips Pickard Poss Potts Ragland Rainey Reaves Richardson Roach Ross Rowland Rush Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, G. W. Smith, V. T. Smith, W. L. Stalnaker Starnes Steis Thompson, R. Town send Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Westlake Whaley Williams Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Barfield Bennett Brantley, H. L. Busbee Caldwell

Clarke
Cooper, B. Crowe, William Dean Dixon

Dorminy Fallin Farmer Farrar Grier

TUESDAY, FEBRUARY 27, 1968

2021

Hale Henderson Hill Howard Howell Jenkins Johnson, A. S. Johnson, B. Jordan, W .H. Knapp Lane, W. J. Magoon

Matthews, D. R. McCracken McDaniell Merritt Moate Murphy Nessmith Odom Oglesby Paris Russell Smith, J. R.

Snow Sullivan Sweat Thompson, A. W. Threadgill Tucker Turner Wells Wiggins Wilson, J. M. Mr. Speaker

On the adoption of the Resolution, the ayes were 155, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

Mr. Nessmith of the 64th stated that he had been called from the floor of the House when the rolls were called on HR 681-1473, HR 682-1473, HR 684-1477, HR 686-1477 and HR 687-1477, but had he been present would have voted "aye".

Under the general order of business established by the Committee on Rules, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

HR 183-555. By Mrs. Merritt of the 68th:
A Resolution compensating Mr. Lee Wisham, doing business as Wisham's Garage; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 172, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
HR 380-855. By Mr. Gaynor of the 114th: A Resolution compensating Mr. Joseph E. Hinely, Jr.; and for other purposes.

2022

JOURNAL OP THE HOUSE,

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 172, nays 0.

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

HR 384-880. By Mr. Chandler of the 47th: A Resolution compensating Mr. Alton Brown; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 172, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
HR 385-880. By Mr. Colwell of the 5th: A Resolution compensating Clyde Ravan, doing business as Community Grocery; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 172, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
HR 403-912. By Mr. Douglas of the 60th: A Resolution compensating Mr. James C. Lord; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

TUESDAY, FEBRUARY 27, 1968

2023

On the adoption of the Resolution, the ayes were 172, nays 0.

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

HR 404-912. By Mr. Douglas of the 60th:
A Resolution compensating Mr. Miles A. Jones, Jr.; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 172, nays 0.

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

HR 410-917. By Mr. Wamble of the 90th: A Resolution compensating Mr. E. C. White; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 172, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
HR 424-941. By Mr. Floyd of the 7th: A Resolution compensating Mr. Robert A. Housch; and for other pur poses.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 172, nays 0.

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JOURNAL OF THE HOUSE,

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

HR 428-941. By Messrs. Rowland and Joiner of the 48th:
A Resolution compensating Mrs. Geneva J. Harrison; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 172, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
HR 429-944. By Mr. Lambros of the 130th: A Resolution to compensate William Frank Horton; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 172, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
HR 435-952. By Mr. Branch of the 74th: A Resolution to compensate Wendell Walker; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 172, nays 0.

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

TUESDAY, FEBRUARY 27, 1968

2025

HR 452-999. By Mr. Russell of the 92nd:
A Resolution compensating the Boston Seed Company; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 172, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
HR 454-1013. By Mr. Harris of the 14th: A Resolution to compensate W. B. Hamby; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 172, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
HR 457-1013. By Mr. Pallin of the 94th: A Resolution to compensate Mr. Wallace Thomas; and for other pur poses.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 172, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
HR 481-1037. By Mr. Johnson of the 40th: A Resolution compensating R. M. McGahee; and for other purposes.

2026

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 172, nays 0.

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

HR 482-1037. By Mr. Parker of the 68th: A Resolution compensating Mr. A. H. Grant; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 172, nays 0.

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

HR 499-1089. By Mr. Knapp of the 109th:
A Resolution compensating Claude H. Renfroe, Jr.; and for other pur poses.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 172, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 500-1089. By Mr. Knapp of the 109th: A Resolution compensating R & R Sales Company; and for other pur poses.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

TUESDAY, FEBRUARY 27, 1968

2027

On the adoption of the Resolution, the ayes were 172, nays 0.

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

HR 528-1156. By Mr. Dixon of the 83rd: A Resolution compensating Mr. L. D. Darden; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 172, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 534-1179. By Mr. Colwell of the 5th: A Resolution to compensate Mr. Carroll J. Mincey; and for other pur poses.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 172, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 542-1183. By Messrs. Harrington and Chandler of the 47th: A Resolution compensating Miss Margaret Echols; and for other pur poses.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 172, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

2028

JOURNAL OF THE HOUSE,

HR 550-1206. By Mr. Magoon of the 19th: A Resolution to compensate Mr. Burch Griffin; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 172, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
HR 604-1288. By Mr. Lambert of the 38th: A Resolution compensating H. K. Moody; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 172, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
HR 605-1295. By Mr. Anderson of the 71st: A Resolution compensating Mr. Laurie M. Jones; and for other pur poses.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 172, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
HR 423-932. By Mr. Lee of the 35th: A Resolution compensating Mr. Jack Lee Arnold; and for other pur poses.

TUESDAY, FEBRUARY 27, 1968

2029

The following amendment was read and adopted:

The Committee on Appropriation moves to amend HR 423-932 by changing the figure "$1,349.42" as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure "$966.50".

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, as amended, the ayes were 172, nays 0.

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

HR 526-1114. By Mr. Leggett of the 21st: A Resolution to compensate Paul C. Barton; and for other purposes.

The following amendment was read and adopted:
The Committee on Appropriations moves to amend HR 526-1114 by changing the figure "$250.00" as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure "$208.73".

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, as amended, the ayes were 172, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 595-1243. By Mr. Henderson of the 102nd: A Resolution compensating Billy W. Parks; and for other purposes.
The following amendment was read and adopted: The Committee on Appropriations moves to amend HR 595-1243
by changing the figure "$971.00" as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure "$647.00".

2030

JOURNAL OF THE HOUSE,

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, as amended, the ayes were 172, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 610-1297. By Mr. Jones of the 76th:
A Resolution compensating Mrs. Francis B. Riggins; and for other purposes.

The following amendment was read and adopted: The Committee on Appropriations moves to amend HR 610-1297
by changing the figure "814.74" as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure "422.14."
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, as amended, the ayes were 172, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 615-1320. By Mr. Jordan of the 82nd: A Resolution to compensate Mrs. Louie Mae Green; and for other purposes.

The following amendment was read and adopted:
The Committee on Appropriations moves to amend HR 615-1320 by changing the figure "$359.85" as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure "356.85".

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.

TUESDAY, FEBRUARY 27, 1968

2031

On the adoption of the Resolution, as amended, the ayes were 172, nays 0.

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

HB 1422. By Messrs. Lambert of the 38th, Lane of the 53rd, Chandler of the 47th, Hadaway of the 46th, Moate of the 39th and Harrington of the 47th: A Bill to be entitled an Act to provide for an additional Judge of the Superior Court of the Ocmulgee Judicial Circuit; and for other pur poses.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barber Berry, J. K. Black Bond Bostick Bowen Branch
Brantley, H. L. Brown, B. D. Brown, C. Buck Caldwell Games Gates Cato Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner

Cook Cooper, J. R. Crowe, William Crowe, W. J. Dailey Daugherty Dean DeLong Dent Dickinson Dillon
Dodson Dollar Doster Douglas Edwards Fallin Farmer Funk Gary Gay Gaynor Gignilliat Grahl Graves Gunter Hadaway

Hale Hall Hamilton Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Higginbotham Holder Hood
Howell Hutchinson Jenkins Joiner Jones, C. M. Jones, M. Jordan, G. Jordan, W. H. Kaylor Kirksey Lambert Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S.

2032
Leggett Leonard Le vitas Lewis Longino Lovell Lowrey Malone Mason Matthews, C. Mauldin Maxwell McClatchey Melton Miller Mixon Moate Moore, Don C. Moore, J. H. Mullinax Murphy Nash Nessmith Newton

JOURNAL OF THE HOUSE,

Northcutt Oglesby Otwell Palmer Paris Parker, C. A. Parker, H. W. Peterson Phillips Poss Rainey Reaves Richardson Roach Ross Rowland Rush Scarlett Shanahan Sherman Shields Shuman Sims
Smith, V. T.

Smith, W. L. Snow Stalnaker Starnes Sullivan Thompson, A. W. Threadgill Tucker Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Williams Wilson, J. M. Wilson, R. W. Winkles Wood

Those voting in the negative were Messrs.:

Berry, C. E. Dixon Floyd Grier

Pafford Parrish Pickard Russell

Sweat Whaley

Those not voting were Messrs.:

Barfield Battle Bennett Blalock Brantley, H. H. Bray Busbee Cooper, B.
Cox
Davis Dorminy Egan Farrar Fleming Harris, J. R.

Henderson Hill Howard Johnson, A. S. Johnson, B. Knapp Laite Lambros Magoon Matthews, D. R. McCracken McDaniell Merritt Moreland Nimmer

Odom Potts Ragland Savage Simmons Smith, G. W. Smith, J. R. Steis Thompson, R. Townsend Westlake Wiggins Mr. Speaker

On the passage of the Bill, the ayes were 152, nays 10.

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

TUESDAY, FEBRUARY 27, 1968

2033

Mrs. Merritt of the 68th stated that she had been called from the floor of the House when the roll was called on HB 1422, but had she been present would have voted "aye".

HR 451-994. By Messrs. Vaughn of the 117th, Wood of the 16th, Buck of the 112th, Holder of the 70th and Sherman of the 105th:
A RESOLUTION
Authorizing the creation of an Interim Study Committee to revise, consolidate, and recommend the enactment of new laws and to re-codify all laws pertaining to the highways and public roads of the State of Georgia; and for other purposes.
WHEREAS, the present laws of the State of Georgia pertaining to highways and public roads are incomplete and in many respects contradictory, overlapping, ambiguous, and of doubtful meaning; and
WHEREAS, some of said laws are obsolete and others are not adapted to the present demands for increased highway construction, maintenance and safety; and
WHEREAS, the State Highway Department of Georgia has em barked upon a greatly expanded program of highway construction in cooperation with the Federal Government and the local political sub divisions of the State; and
WHEREAS, the employment of experts and consultants for such a project will be borne largely by Federal funds; and
WHEREAS, the General Assembly should clarify the laws per taining to roads and public highways.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created a Highway Laws Revision Committee. The Committee shall be composed of five (5) members of the House of Representatives appointed by the Speaker of the House, and five (5) members of the Senate appointed by the Lieutenant Governor. The Chairman of the Committee shall be ap pointed by the Speaker of the House.
The Committee shall conduct a study of all the laws of Georgia pertaining to public roads and highways. It shall be the duty of the Committee to consolidate all of the existing highway laws to repeal obsolete and conflicting laws, and to propose and recommend new laws pertaining to this subject.
The Committee is authorized to hold public hearings if deemed advisable. The Committee shall make its report, including any recom mendations for legislation, to the General Assembly not later than the second Monday in January of 1969.

2034

JOURNAL OF THE HOUSE,
The Committee is authorized to employ such technical and clerical help as it deems necessary who shall be members of the Staff of the Committee, such help to be paid by funds appropriated to the State Highway Department and matched by Federal funds.
The Committee is hereby authorized to appoint sub-committees and adopt any procedures which it feels will best serve the purposes of this Resolution.
The Attorney General is hereby authorized to designate a member or members of his staff to advise the Committee on legal matters and to assist in the formulation and drafting of a new legislation, who shall likewise be a member of the Staff of the Committee .
The members of the Committee shall receive compensation, per diem, expenses and allowances authorized for members of Interim Legislative Committees. Said Committee shall make a report of its find ings and recommendations, which report shall be accompanied by such proposed legislation as may be recommended by said Committee on or before the second Monday in January of 1969, on which date the Com mittee shall stand abolished.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 108, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
SB 120. By Senator Miller of the 43rd:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to change the punishment for persons convicted of driving or operating a vehicle within this state while under the influence of intoxicating liquors; and for other pur poses.

The following amendment was read:
The Committee on Special Judiciary moves to amend SB 120 by adding to Section 1 a new subsection to be known as subsection (b), (6) to read as follows:
(6) The result of any such test shall not be admissible in evi dence against the defendant, and no record thereof shall be pre served, and no notation of the result of the test shall be made on the driver's license of the person tested, if the test does not indicate that there was, at the time of the test .10 or more by weight of alcohol in the blood of the person tested.

TUESDAY, FEBRUARY 27, 1968

2035

The following amendment to the Committee amendment was read and adopted:

Mr. Steis of the 100th moves to amend the Committee Amendment to Senate Bill No. 120 as follows:

By inserting between the figure ".10" and the word "or" the word "percent".

The Committee amendment, as amended, was adopted.

The following amendments were read and adopted:
Mr. Levitas of the 118th moves to amend SB 120 by adding to the end of the first sentence in the new section 47 A (a) set forth in Section 2 of the Bill, as follows:
"No person shall be required to take a blood test if he objects thereto, and in such case such person shall be given a breath test. Mr. Murphy of the 26th moves to amend SB 120 as follows:
By striking Section G-5 from Section 1-Section 47 in its en tirety.
Mr. Brantley of the 63rd moves to amend SB 120 Section 47--Para graph G, subsections 1, 2 and 3 by inserting the word "may" instead of "shall" wherever it appears.
Mr. Harris of the 118th moves to amend SB 120 by deleting subparagraph (h) of quoted Section 47 in Section 1 of said Bill in its entirety.
An amendment, offered by Mr. Alexander of the 133rd, was read and lost.

An amendment, offered by Mr. Ballard of the 37th, was read and lost.

The following amendment was read:

Messrs. Sweat of the 83rd and Farmer of the 29th move to amend Senate Bill No. 120 as follows:
By striking from the title the following:
"to provide that operators and drivers of motor vehicles impliedly consent to a chemical analysis of their blood or breath speci-

2036

JOURNAL OF THE HOUSE,

men for the purpose of determining alcoholic content of a driver suspected of driving or operating a vehicle while under the influence of intoxicating beverages or drugs;"

and inserting in lieu thereof the following:

"to provide that operators and drivers of motor vehicles impliedly consent to a chemical analysis of their breath specimen for the purpose of determining alcoholic content of a driver suspected of driving or operating a vehicle while under the influence of intoxicating beverages or drugs;"

By striking from subsection (a) of quoted Section 47A of Section 2 the following:

"of his blood or breath for the purpose of determining the alcoholic content of his blood if lawfully arrested for any offense allegedly committeed while the person was driving or operating a vehicle under the influence of intoxicating liquor"

and inserting in lieu thereof the following:

"of his breath for the purpose of determining alcoholic content if lawfully arrested for any offense alledgedly committed while the person was driving or operating a vehicle under the influence of intoxicating liquor."

By striking subsection (d) of quoted Section 47A of Section 2 in its entirety.

By striking subsection (e) of quoted Section 47A of Section 2 in its entirety.

By relettering subsections (o), (g) and (h) of quoted Section 47A of Section 2 as subsections (d), (e) and (f) respectively.

By striking relettered subsection (d) of quoted Section 47A of Section 2 in its entirety and inserting in lieu thereof a new relettered subsection (d) to read as follows:

"(d) Only those persons provided for in subsection (c) of Section 47 shall conduct the appropriate tests to determine the alcoholic content thereof."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Alexander Anderson

Ballard Bennett

Black Bostick

Bowen Branch Cato Clarke Collins, M. Cooper, B. Dailey Daugherty DeLong Dent Dixon Doster Edwards Farmer Fleming Floyd Gaynor Hadaway

TUESDAY, FEBRUARY 27, 1968

2037

Hall Hargrett Harrington Harrison Henderson Higginbotham Howell Joiner Jones, C. M. Jordan, G. Kirksey Laite Leonard Mauldin McDaniell Merritt Murphy Nessmith

Newton Pafford Parker, H. W. Poss Rainey Reaves Richardson Roach Rowland Rush Savage Shuman Smith, W. L. Stalnaker Sweat Thompson, A. W.
Tye Wilson, J. M.

Those voting in the negative were Messrs.:

Adams Barber Barfield Battle Berry, J. K. Blalock Bond Brown, B. D. Brown, C. Busbee Carnes Chandler Cheeks Cole Cook Cooper, J. R. Cox Crowe, William Crowe, W. J. Da vis Dickinson Dillon Dodson Dollar Dorminy Douglas Egan Fallin Funk Gary Gay Gignilliat Grahl

Graves Grier Gunter Hamilton Harris, J. R. Harris, R. W. Hood Hutchinson Jenkins Johnson, A. S.
Knapp Lambert Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lowrey M alone Mason Matthews, D. R. Maxwell McClatchey Melton Miller Mixon Nash Northcutt Oglesby Palmer Paris

Parker, C. A. Parrish Peterson Potts Ragland Ross Russell Scarlett Shanahan Sherman Sims Smith, J. R. Smith, V. T. Snow Starnes Steis Sullivan Threadgill Townsend Tucker Turner Underwood Vaughn, C. R. Walling Wamble Ward Westlake Whaley Wiggins Williams Wilson, R. W. Winkles Wood

2038

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Berry, C. E. Brantley, H. H. Brantley, H. L. Bray Buck Caldwell Gates Collins, J. F. Colwell Conner Dean Farrar Hale Harris, J. F. Hill Holder

Howard Johnson, B. Jones, M. Jordan, W. H. Kaylor Land Leggett Levitas Lovell Magoon Matthews, C. McCracken Moate Moore, Don C. Moore, J. H. Moreland

Mullinax Nimmer Odom Otwell Phillips Pickard Shields Simmons Smith, G. W. Thompson, R. Vaughan, D. N. Ware Wells Mr. Speaker

On the adoption of the amendment, the ayes were 60, nays 99.

The amendment was lost.

The following amendment was read:

Mr. Richardson of the 116th moves to amend SB 120 by deleting Section 47A in its entirety.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Alexander Anderson Ballard Barber Bennett Black Bond Bostick Bowen Brown, B. D. Cato Chandler Collins, M. Cooper, B.

Crowe, William Dailey Daugherty DeLong Dent Dickinson Dollar Dorminy Doster Edwards Farmer Fleming Gaynor Grahl

Hadaway Hall Hargrett Harrington Harris, J. F. Harrison Henderson Higginbotham Howell Jenkins Joiner Jones, C. M. Jordan, G. Jordan, W. H.

TUESDAY, FEBRUARY 27, 1968

2039

Kirksey Laite Land Lee, W. J. (Bill) Leggett Maxwell McCracken McDaniell Melton Merritt Murphy

Newton Parker, H. W. Poss Rainey Reaves Richardson Roach Rowland Rush Scarlett Sherman

Shuman Smith, W. L. Snow Thompson, A. W. Turner Tye Vaughan, D. N. Wamble Wells Wilson, J. M.

Those voting in the negative were Messrs.:

Adams Barfield Battle Berry, J. K. Blalock Brantley, H. L. Brown, C. Busbee Carnes Gates Cheeks Clarke Cole Conner Cook Cooper, J. R. Cox Crowe, W. J. Da vis Dean Dillon Dixon Dodson Douglas Egan Fallin Floyd Funk Gary Gay Gignilliat Graves

Grier Gunter Harris, J. R. Holder Hood Hutchinson Johnson, A. S.
Knapp Lambert Lambros Lane, Dick Lane, W. J. Lee, W. S. Leonard Le vitas Lewis Longino Lowrey Malone Mason Matthews, C. Matthews, D. R. Mauldin McClatchey Miller Mixon Moate Moore, J. H. Nash Nessmith Oglesby Pafford

Palmer Paris Parker, C. A. Parrish Potts Ragland Ross Russell Savage Shanahan Sims Smith, J. R. Smith, V. T. Starnes Steis Sullivan Sweat Threadgill Townsend Tucker Underwood Vaughn, C. R. Walling Ward Westlake Wiggins Williams Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Berry, C. E. Branch Brantley, H. H. Bray

Buck Caldwell Collins, J. F. Colwell

Farrar Hale Hamilton Harris, R. W.

2040
Hill Howard Johnson, B. Jones, M. Kaylor Lovell Magoon Moore, Don C. Moreland

JOURNAL OF THE HOUSE,

Mullinax Nimmer Northcutt Odom Otwell Peterson Phillips Pickard Shields

Simmons Smith, G. W. Stalnaker Thompson, R. Ware Whaley Mr. Speaker

On the adoption of the amendment, the ayes were 74, nays 94.

The amendment was lost.

Mr. Richardson of the 116th moved that SB 151 and all amendments thereto be tabled.
On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Alexander Ballard Bennett Black Bond Bostick Bowen Branch Brown, B. D. Cato Collins, M. Conner Cooper, B. Dailey Daugherty DeLong Dent Dollar Doster Edwards Farmer Fleming

Floyd Gaynor Grahl Hadaway Hall Hargrett Harrington Harris, J. F. Harrison Higginbotham Howell Joiner Jones, C. M. Jordan, G. Jordan, W. H. Kirksey Laite Land Leonard Malone McDaniell Melton

Merritt Moreland Murphy Newton Parrish Poss Rainey Reaves Richardson Roach Rowland Rush Russell Shuman Smith, W. L. Sweat Thompson, A. W. Turner Tye Wilson, J. M.

Those voting in the negative were Messrs.:

Adams Anderson Barber

Battle Berry, J. K. Blalock

Brantley, H. H. Brantley, H. L. Brown, C.

TUESDAY, FEBRUARY 27, 1968

2041

Busbee Carnes Cates Cheeks Clarke Cole Collins, J. F. Cook Cooper, J. R. Cox Crowe, William Crowe, W. J. Davis Dickinson Dillon Dixon Dodson Dorminy Douglas Egan Fallin Funk Gary Gay Gignilliat Graves Grier Gunter Harris, J. R. Hood Hutchinson Jenkins

Johnson, A. S. Knapp Lambert Lambros Lane, Dick Lane, W. J. Lee, W. J. (Bill)
Lee, W. S. Levitas
Lewis Longino Lowrey Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken Miller Mixon Nash Nessmith Northcutt Oglesby Pafford Palmer Paris Parker, C. A. Peterson Potts Ragland

Ross Savage Scarlett Shanahan Sherman Sims Smith, J. R. Smith, V. T. Snow Stalnaker Starnes Steis Sullivan Threadgill Townsend Tucker Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Wells Westlake Whaley Wiggins Williams Wilson, R. W. Winkles Wood

Those not voting were Messrs. :

Barfield Berry, C. E. Bray Buck Caldwell Chandler Colwell Dean Farrar Hale Hamilton Harris, R. W. Henderson

Hill Holder Howard Johnson, B. Jones, M. Kaylor Leggett Lovell Magoon Moate Moore, Don C. Moore, J. H. Mullinax

the motion, the ayes were 64, nays 103.

Nimmer Odom Otwell Parker, H. W. Phillips Pickard Shields Simmons Smith, G. W. Thompson, R. Ware Mr. Speaker

me motion was lost.

2042

JOURNAL OF THE HOUSE,

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, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Anderson Ballard Barber Barfield Battle Berry, J. K. Blalock Bostick Bo wen Branch Brantley, H. H. Brantley, H. L. Brown, C. Busbee Games Gates Chandler Cheeks Clarke Cole Conner Cook Cooper, J. R. Cox Crowe, William Crowe, W. J. Da vis Dickinson Dillon Dixon Bodson Dorminy Douglas Egan Fallin Floyd Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hamilton

Hargrett Harrington Harris, J. F. Harris, J. R. Harris, R. W. Harrison Henderson Hood Howard Hutchinson Jenkins Johnson, A. S. Joiner Kirksey Knapp Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leonard Levitas Lewis Longino Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McClatchey McCracken McDaniell Miller Mixon Moore J H. Murphy Nash Nessmith Newton Northcutt Oglesby Otwell

Pafford Palmer Paris Parker, C. A. Parker, H. W. Parrish Peterson Poss Potts Rainey Reaves Roach Rush Savage Scarlett Shanahan Sherman Shields Simmons Sims Smith, J. R. Smith, V. T. Smith, W. L. Snow Starnes Steis Sullivan Threadgill Townsend Tucker Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Wells Westlake Wiggins Williams Wilson, J. M. Wilson, R. W. Winkles Wood

TUESDAY, FEBRUARY 27, 1968

2043

Those voting in the negative were Messrs.:

Alexander Bennett Black Bond Brown, B. D. Cato Collins, M. Cooper, B. Dailey Daugherty

DeLong Dent Dollar Edwards Farmer Fleming Hadaway Hall Higginbotham Howell

Jones, C. M. Jordan, G. Laite Merritt Richardson Rowland Russell Shuman Sweat Thompson, A. W.

Those not voting were Messrs.:

Berry, C. E. Bray Buck Caldwell
Collins, J. F. Colwell Dean Doster
Farrar Hale Hill
Holder

Johnson, B. Jones, M. Jordan, W. H. Kaylor
Leggett Lovell Melton Moate
Moore, Don C. Moreland Mullinax
Nimmer

Odom Phillips
Pickard Ragland
Ross Smith, G. W. Stalnaker
Thompson, R.
Turner Ware Mr. Speaker

On the passage of the Bill, as amended, the ayes were 140, nays 30.

The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Sweat of the 83rd stated that he inadvertently voted "Nay" and wished to be recorded as voting "Aye" on the passage of SB 120, as amended.

The Speaker announced the House recessed until 2:00 o'clock, P. M.

AFTERNOON SESSION

The Speaker called the House to order.

Under the general order of business established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration
and read the third time:

2044

JOURNAL OP THE HOUSE,

HB 1063. By Messrs. Smith and Cole of the 3rd, Crowe of the 1st, Grier of the 132nd, Johnson of the 25th and Lambros of the 130th:
A Bill to be entitled an Act to create the Georgia Interdepartmental Council on the Handicapped and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 135, nays 0.

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

HB 1068. By Mr. Smith of the 3rd:
A Bill to be entitled an Act known as the "Georgia Post Mortem Ex amination Act", so as to change the fees to be paid to the medical examiner for performing dissection of the body, partial post mortem examination and autopsy, and complete post mortem examination and autopsy; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 142, nays 0.

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

HB 1342. By Mr. Lee of the 79th:
A Bill to be entitled an Act to amend an Act relating to the issuance of motor vehicle license plates in counties, so as to increase the fee for the purchase of license plates by mail from 25 cents to 50 cents; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 5.

TUESDAY, FEBRUARY 27, 1968

2045

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

Mr. Ballard of the 37th requested that the Journal show that he voted "nay" on HB 1342.

HB 1354. By Messrs. Matthews of the 94th, Lowrey of the 13th, Peterson of the 59th, Black of the 56th, Kirksey of the 87th and others:
A Bill to be entitled an Act to be known as the " Georgia Agricultural Commodities Sales Promotion Act"; to provide for the use, utilization and improvement of the agricultural products of this State through sales promotion thereof; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111., nays 0.

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

HB 1118. By Messrs. Murphy of the 26th, Caldwell of the 51st, Paris of the 23rd and Lane of the 64th:
A Bill to amend an Act so as to authorize the sale of certain goods cre ated by inmates; to authorize the State Board of Corrections to pro mulgate rules and regulations governing such sales; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 114, nays 0.

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

HB 1119. By Messrs. Murphy of the 26th, Caldwell of the 51st, Paris of the 23rd and Lane of the 64th:
A Bill to amend an Act so as to authorize the State Board of Corrections to hire out any prisoner subject to the authority of said Board to agencies, bureaus, departments, or other branches of the Government of the United States of America; and for other purposes.

2046

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 104, nays 1.

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

HB 1292. By Mr. Savage of the 58th:
A Bill to be entitled an Act to amend Code Section 109A-2-316 of the "Uniform Commercial Code", so as to exclude from the application of the implied warranties of merchantability and fitness for particular purpose the procurement, processing, storage, distribution or use of whole human blood, blood plasma, blood products, blood derivatives or other human tissue or organs for the purpose of injecting, transfusing, incorporating or transplanting any of them into the human body; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 103, nays 3.

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

HB 1293. By Messrs. Hargrett of the 77th, Rainey of the 69th and Mullinax of the 42nd:
A Bill to be entitled an Act to amend an Act revising, consolidating and superseding the laws of this State relative to Game and Fish, so as to eliminate alligator hunting licenses for non-residents; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 114, nays 0.

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

TUESDAY, FEBRUARY 27, 1968

2047

HR 661-1420. By Mr. Lee of the 79th:

A RESOLUTION
Creating the "Georgia Study Commission on Law Enforcement Officer Standards and Education"; to provide for membership; to provide for officers; to provide for functions and powers of the Com mission; to provide for other matters relative thereto; and for other purposes.

WHEREAS, it is highly desirable that a study be made relative to the need for training standards for law enforcement officers in Geor gia and to determine whether minimum qualifications should be pres cribed for persons desiring to become law enforcement officers; and

WHEREAS, the Federal Government, through the Office of Law Enforcement Assistance of the United States Department of Justice, has available planning grants for studies of this type.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1
There is hereby created the "Georgia Study Commission on Law Enforcement Officer Standards and Education", hereinafter referred to as the "Commission". The Commission shall be composed of thirteen members as follows:
(1) Director, Department of Public Safety (2) President, Georgia Sheriffs' Association (3) President, Georgia Association of Chiefs of Police (4) President, Georgia Municipal Association (5) President, Association County Commissioners of Georgia (6) Special Agent in Charge, Federal Bureau of Investigation, Atlanta Division (7) President, Peace Officers' Association of Georgia (8) The Attorney General of Georgia (8) Chancellor, University System of Georgia (10) Superintendent of the Georgia Police Academy (11) One member of the House of Representatives to be appointed by the Speaker. (12) One member of the Senate to be appointed by the President. (13) One member from the State-at-Large to be appointed by the Governor.

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JOURNAL OF THE HOUSE,

SECTION 2

The Director of the Department of Public Safety shall be the Chair man of the Commission. A Vice-Chairman and a Secretary shall be elected at the organizational meeting of the Commission. The Chairman shall call a meeting of the Commission to be held within thirty days after this Resolution becomes law. The Commission shall adopt such procedures as it deems necessary and advisable for its operation, which will include the fixing of a quorum for the transaction of business. None of the members shall receive any compensation or per diem for their services but shall be reimbursed for actual expenses incurred in the performance of their functions and powers prescribed herein. In the event the Commission obtains grant funds, such reimbursement shall come from those funds. If such grant funds are not obtained, the members of the General Assembly shall receive the allowances authorized for members of interim legislative committees and shall receive the same from funds appropriated and available to the legislative branch of government.

SECTION 3

Functions of the Commission: (a) In order to raise the level of competency and efficiency of the personnel of law enforcement agencies "of the State, the Commission shall recommend to the Governor and the General Assembly the proper action, including necessary legislation, for the purpose of:
(1) Establishing reasonable minimum standards of physical, emotional, and intellectual fitness of all officers appointed to enforce the laws of this State and the political subdivisions thereof;
(2) Establishing reasonable, basic minimum courses of training, including, but not limited to, courses or subjects for instruction, facilities for instruction, qualifications of instructors and methods of instruction;
(3) Establishing procedures to be used to determine whether a Law enforcement officer meets the minimum prescribed standard or has received minimum training as prescribed.
(b) The Commission shall recommend a method for certifying law enforcement training and education programs as having attained the minimum required standards and for certification of instructors as being qualified under such conditions as may be legally established.
(c) The Commission shall authorize and direct research and cause inspection of law enforcement standards and training to be made and shall report to the Governor and the legislature a summary of the status of standards and training of law enforcement officers in the state;
(d) The Commission shall recommend curriculum for advanced courses and seminars for the further advancement of law enforcement training and education in Georgia.

TUESDAY, FEBRUARY 27, 1968

2049

SECTION 4
In carrying out its functions as prescribed herein, the Commission shall have the following powers:
(a) To contract with other agencies, public or private, or persons as it deems necessary for the rendition and affording of such services, facilities, studies and reports to the Commission as will best assist it in carrying out its duties and responsibilities;
(b) To cooperate with and secure the cooperation of city, county, state, federal and other law enforcement training or education agencies in studying any matter within the scope of its duties and responsibilities and in performing its functions;
(c) To cooperate with and secure the cooperation of every depart ment, agency or instrumentality in the Federal or State Government, or any political subdivision thereof;
(d) To accept grants, gifts, or appropi'iations which shall be used by the Commission to carry out its functions;
(e) To make reasonable rules and regulations to carry out the duties and powers of the Commission;
(f) To do all things necessary or convenient to enable it to fully and adequately perform its duties and to execute the powers granted to it.
SECTION 5
The Commission may make reports from time to time as it deems advisable and shall make a final report to the 1969 session of the Gen eral Assembly in the event it is able to complete its functions as provided herein. In the event it completes its work and makes a report to the 1969 session, the Commission shall stand abolished as of the convening date of that session. In the event it is unable to complete its work by that time, it shall make a final report on or before December 1, 1969, on which date the Commission will stand abolished. The Commission's reports shall be presented to the Governor, to the members of the Gen eral Assembly and to such other persons as the Commission deems advisable.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 103, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
HB 514. By Messrs. Ware and Mullinax of the 42nd, Palmer of the 117th, Blalock and Potts of the 33rd, Moate of the 39th and Threadgill of the 32nd:
A Bill to be entitled an Act to amend Code Section 92-3109 relating to deductions in computing net income for income tax purposes, so as to

2050

JOURNAL OP THE HOUSE,

authorize an additional deduction for contributions to a church or a convention or association of churches; and for other purposes.

The following substitute, offered by Messrs. Ware and Mullinax of the 42nd, Palmer of the 117th, Blalock and Potts of the 33rd, Moate of the 39th and Threadgill of the 32nd, was read and adopted:
A BILL
To be entitled an Act amend Code Section 92-3109 relating to deduc tions in computing net income for income tax purposes, so as to increase the deduction allowed for contributions or gifts made to charities; to provide for an additional deduction for contributions or gifts to certain charities, organizations and associations; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Code Section 92-3109 relating to deductions in computing net income for income tax purposes, is hereby amended by striking in the first sentence of Subsection (g) the following:
"15",
and inserting in lieu thereof the following: "20",
"Provided, however, that the twenty percent limitation in the case of individuals, as provided herein, may be increased an additional ten percent for a total deduction for contributions in the case of individuals of thirty percent of the taxpayer's gross income less business expenses, but said additional ten percent shall be allowable only when such contributions are made to the following:
(a) churches or conventions or associations of churches;
(b) tax-exempt educational organizations having a regular faculty and curriculum and a regular student body attending re sident classes;
(c) tax-exempt hospitals and under certain circumstances, organizations directly engaged in continuous medical research in conjunction with such hospitals;
(d) certain organizations operated exclusively to hold and administer property for state and local colleges and universities;
(e) a state, a possession of the U. S., or any political sub division of any of the foregoing, or the U. S. or the District of Columbia, if the contribution is made for exclusively public pur poses ;
(f) an organization organized and operated exclusively for charitable, religious, educational, scientific, or literary purposes or for the prevention of cruelty to children or animals if in addition

TUESDAY, FEBRUARY 27, 1968

2051

it also normally receives a substantial part of its support (aside from income from its religious, charitable, etc., activities) from a governmental unit described in (e), or from direct or indirect contributions from the general public.",
so that when so amended Subsection (g) of Code Section 92-3109 shall read as follows:
(g) Contributions or gifts. -- Contributions or gifts made with in the income year to corporations or associations, including com munity chest funds, foundations, and trusts created solely and exclusively for religious, charitable, scientific, or educational pur poses, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private stockholder or individual, in the case of individuals to an amount not in excess of 20 percent of the taxpayer's gross income less busi ness expenses, and in the case of corporations to an amount not in excess of five percent of the corporation's net taxable income computed without benefit of this subsection; except that in the case of a corporation whose income is subject to apportionment under Section 92-3113, as amended, the amount allowable shall not exceed the total amount of contributions multiplied by the ratio used in apportioning income to Georgia, or five percent of the net income taxable by Georgia, whichever is smaller. If a corporation, whose entire net income is not taxable by Georgia, shall use any other method of apportioning income to Georgia, or which shall reduce its entire taxable income in any manner, the amount allowable shall not exceed the total amount of contributions multiplied by the ratio that the net income taxable by Georgia after all other deductions bears to the entire net income of the corporation, or five percent of the net income taxable by Georgia after all other deductions, whichever is smaller. Provided, however, that the twenty percent limitation in the case of individuals, as provided herein, may be increased an additional ten percent for a total deduction for contributions in the case of individuals of thirty percent of the taxpayer's gross income less business expenses, but said additional ten percent shall be allowable only when such contributions are made to the following:
(a) churches or conventions or associations of churches;
(b) tax-exempt educational organizations having a regular faculty and curriculum and a regular student body attending resident classes;
(c) tax-exempt hospitals and under certain circumstances, orga nization directly engaged in continuous medical research in conjunc tion with such hospitals;
(d) certain organizations operated exclusively to hold and administer property for state and local colleges and universities;
(e) a state, a possession of the U. S., or any political sub division of any of the foregoing, or the U. S. or the District of Columbia, if the contribution is made for exclusively public purposes;
(f) an organization organized and operated exclusively for charitable, religious, educational, scientific, or literary purposes or for the prevention of cruelty to children or animals if in addition

2052

JOURNAL OF THE HOUSE,

it also normally receives a substantial part of its support (aside from income from its religious, charitable, etc., activities) from a governmental unit described in (e), or from direct or indirect contributions from the general public."
SECTION 2
The provisions of this Act shall become effective for all taxable years ending on and after January 1, 1969.
SECTION 3
All laws and parts of laws in conflict with this Act are hereby repealed.

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, by substitute, the ayes were 116, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 958. By Mr. Gunter of the llth:
A Bill to be entitled an Act to amend Code Section 27-903, so as to provide that the first bail shall be permitted as a matter of right under certain circumstances; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.;

Adams Ballard Barber Battle Berry, J. K. Branch Brantley, H. L. Bray Busbee Cato Cheeks Cole Cook Cooper, J. R. Davis Dean Dickinson

Dixon Dorminy Douglas Egan Fallin Farmer Gay Gaynor Gignilliat Grier Gunter Hale Harris, J. R. Howell Hutchinson Jenkins Johnson, A. S.

Joiner Jordan, W. H. Kaylor Kirksey Laite Land Lane, Dick Lee, W. S. Leonard Lowrey Matthews, C. Matthews, D. R. McCracken Moate Moore, Don C. Moore, J. H. Newton

Nimmer Odom Oglesby Otwell Palmer Parrish Poss Reaves Rowland Rush

TUESDAY, FEBRUARY 27, 1968

2053

Scarlett Shields Sims Smith, J. R. Snow Starnes Steis Town send Vaughn, C. R. Walling

Wamble Wells Whaley Wiggins Williams Wilson, R. W. Winkles Wood

Those voting in the negative were Messrs.:

Alexander Anderson Barfield Bennett Black Bostick Bowen Brown, B. D. Caldwell Gates Clarke Collins, M. Dailey Daugherty DeLong Dent Dodson Edwards Fleming Floyd Gary Grahl Graves Hall Hamilton Harrington

Harris, J. F. Harris, R. W. Harrison Henderson Higginbotham Hood Jones, C. M. Jordan, G. Lambert Lane, W. J. Lee, W. J. (Bill) Leggett Levitas Lewis Longino Malone Mason Mauldin Maxwell McClatchey Melton Merritt Mullinax Murphy Nash Northcutt

Paris Parker, C. A. Parker, H. W. Pickard Potts Rainey Richardson Savage Shanahan Sherman Shuman Simmons Smith, V. T. Smith, W. L. Sullivan Sweat Thompson, A. W. Tucker Turner Tye Underwood Vaughan, D. N. Ward Ware Wilson, J. M.

Those not voting were Messrs.:

Berry, C. E. Blalock Bond Brantley, H. H.
Brown, C. Buck Carnes Chandler Collins, J. F. Colwell Conner Cooper, B. Cox

Crowe, William Crowe, W. J. Dillon Dollar Doster Farrar Funk Hadaway Hargrett Hill Holder Hood Howard

Johnson, B. Jones, M. Knapp Lambros Lovell Magoon McDaniell Miller Mixon Moreland Nessmith Pafford Peterson

2054
Phillips Ragland Roach Ross

JOURNAL OF THE HOUSE,

Russell Smith, G. W. Stalnaker Thompson, R.

Threadgill Westlake Mr. Speaker

On the passage of the Bill, the ayes were 79, nays 77.

The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Gunter of the llth served notice that at the proper time he would ask the House to reconsider its action in failing to give the requisite constitutional majority to HB 958.

HB 1221. By Mr. McClatchey of the 138th:
A Bill to be entitled an Act to revise Chapter 9-2 of the Code of Georgia of 1933, as amended, relating to the admission to the bar of this State of attorneys licensed to practice law in another state of the United States or the District of Columbia, without examination; and for other purposes.
The following amendment was read and adopted:
The Judiciary Committee moves to amend HB 1221 by striking in its entirety the section numbered "9-209" and entitled "Temporary Practice Privilege".
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, as amended, the roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Anderson Barfield Battle Bennett Berry, C. E. Berry, J. K. Blalock Bostick Bowen Branch Brantley, H. H. Brantley, H. L. Bray Brown, C.

Busbee Games Gates Cheeks Clarke Cole Collins, J. F. Conner Cooper, J. R. Cox Crowe, W. J. Dailey Daugherty Davis Dillon

Dodson Dorminy Douglas Edwards Fallin Fleming Funk Gary Gay Gaynor Gignilliat Graves Gunter Harris, J. F. Harrison

TUESDAY, FEBRUARY 27, 1968

2055

Hill Holder Jenkins Johnson, A. S. Jones, C. M. Jordan, W. H. Kaylor Knapp Lambert Land Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Longino Lowrey Magoon Mason Matthews, C.

Matthews, D. R. Mauldin McClatchey McCracken Merritt Nash Newton Odom Palmer Parker, H. W. Phillips Pickard Poss Potts Reaves Richardson Roach Rush Savage Shanahan

Shields Shuman Simmons Sims Smith, J. R. Smith, W. L. Starnes
Steis Sullivan Thompson, R. Threadgill Tucker Vaughan, D. N. Walling Wells Westlake Whaley Wiggins Williams Wood

Those voting in the negative were Messrs.

Alexander Collins, M. Colwell Crowe, William Dixon Grier Hadaway

Harris, R. W. Henderson Leonard Malone McDaniell Nessmith Nimmer

Scarlett Snow Sweat Turner Tye Underwood Ward

Those not voting were Messrs.:

Ballard Barber Black Bond Brown, B. D. Buck Caldwell Cato Chandler Cook Cooper, B. Dean DeLong Dent Dickinson Dollar Doster Egan Farmer Farrar Floyd Grahl

Hale Hall Hamilton Hargrett Harrington Harris, J. R. Higginbotham Hood Howard Howell Hutchinson Johnson, B. Joiner Jones, M. Jordan, G. Kirksey Laite Lambros Lane, W. J. Levitas Lovell Maxwell

Melton Miller Mixon Moate Moore, Don C. Moore, J. H. Moreland Mullinax Murphy Northcutt Oglesby Otwell Pafford Paris Parker, C. A. Parrish Peterson Ragland Rainey Ross Rowland Russell

2056
Sherman Smith, G. W. Smith, V. T. Stalnaker

JOURNAL OF THE HOUSE,

Thompson, A. W. Townsend Wamble Ware

Wilson, J. M. Wilson, R. W. Winkles Mr. Speaker

On the passage of the Bill, as amended, the ayes were 106, nays 21.

The Bill, having received the requisite constitutional majority, was passed, as amended.
By unanimous consent, HB 1221 was ordered immediately transmitted to the Senate.
HR 609-1296. By Messrs. McCracken of the 49th, Wiggins of the 32nd and Lambert of the 38th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the Secretary of State, Attorney General, State School Superintendent, Comptroller General, Treasurer, Commissioner of Agriculture, and Commissioner of Labor shall be elected in the same manner as the Governor, and all procedures pertaining to the election of the Governor shall apply to said officers; to provide that in the event of the death or withdrawal of a person being elected to any of the above offices prior to taking office, the Governor shall have the power to fill such office by appointment, subject to the confirmation of the Senate, until the next general election; to provide for the submission of this amendment for ratification or rejection; and for other purposes .
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1
The Constitution is hereby amended by striking Paragraph I of Section II of Article V, and substituting in lieu thereof a new Para graph I to read as follows:
"Paragraph I. Executive Officers, How Elected. The Secre tary of State, Attorney General, State School Superintendent, Comptroller General, Treasurer, Commissioner of Agriculture, and Commissioner of Labor shall be elected by the persons qualified to vote for members of the General Assembly at the same time, and in the same manner as the Governor. The provisions of the Consti tution as to the transmission, tabulation and canvassing of the returns of the election, runoff elections, contested elections, and declaration of the results of the election, applicable to the election of Governor, shall apply to the election of the above-named execu tive officers; and they shall be commissioned by the Governor and hold their offices for the same time as the Governor. In case of the death or withdrawal of a person having received a majority of the whole number of votes cast in an election for any of the abovenamed offices, the Governor elected at such election, upon becoming Governor, shall have the power to fill such office by appointing,

TUESDAY, FEBRUARY 27, 1968

2057

subject to the confirmation of the Senate, an individual to serve until the next general election, at which time a successor shall be elected to serve out the unexpired term of office."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Consttiution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to pro vide that the Secretary of State, Attorney Gen eral, State School Superintendent, Comptroller
NO ( ) General, Treasurer, Commissioner of Agriculture, and Commissioner of Labor shall be elected in the same manner as the Governor and the procedures relating to the election of the Governor shall apply to said officers and to provide that in the event of the death or withdrawal of any person elected to any such office prior to his taking office the Governor shall be authorized to fill such office?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander Anderson Ballard Barfield Battle Bennett

Berry, J. K. Black Blalock Bond Bostick Bowen Branch

Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Busbee Caldwell

2058
Carnes Gates Chandler Cheeks Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cooper, J. R. Cox Crowe, William Crowe, W. J. Dailey Daugherty Davis DeLong Dent Dickinson Dillon Dixon Dodson Dollar Dorminy Doster Douglas Edwards Egan Farmer Fleming Funk Gary Gay Gaynor Gignilliat Grahl Graves Grier Gunter Hadaway Hall Hargrett Harrington Harris, J. F. Harris, R. W. Harrison Higginbotham

JOURNAL OP THE HOUSE,

Hill Holder Hood Howell Hutchinson Jenkins Joiner Jones, C. M. Jordan, W. H. Kaylor Kirksey Knapp Lambert Lambros Land Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Leonard Lewis Longino Lowrey Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell Melton Merritt Moreland Mullinax Nash Nessmith Newton Nimmer Odom Otwell Palmer Parker, H. W. Parrish Peterson Phillips

Pickard Poss Potts Reaves Richardson Roach Ross Rowland Rush Russell Savage Scarlett Shanahan Sherman Shields Shuman Simmons Sims Smith, J. R. Smith, W. L. Snow Stalnaker Starnes Steis Sullivan Sweat Thompson, R. Threadgill Tucker Turner Tye Underwood Vaughan, D. N. Vaughn, C. R. Walling Wamble Ward Ware Wells Westlake Whaley Wiggins Williams Wilson, R. W. Winkles Wood

Those not voting were Messrs.:

Barber Berry, C. E. Buck Cato Cook

Cooper, B. Dean Fallin Farrar Floyd

Hale Hamilton Harris, J. R. Henderson Howard

Johnson, A. S. Johnson, B. Jones, M. Jordan, G. Laite Levitas Lovell McClatchey Miller

TUESDAY, FEBRUARY 27, 1968

2059

Mixon Moate Moore, Don C. Moore, J. H. Murphy Northcutt Oglesby Pafford Paris

Parker, C. A. Ragland Rainey Smith, G. W. Smith, V. T. Thompson, A. W. Townsend Wilson, J. M. Mr. Speaker

On the adoption of the Resolution, the ayes were 163, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HB 939. By Messrs. Murphy of the 26th and McClatchey of the 138th:
A Bill to be entitled an Act to amend Code Title 13 known as the "Banking Law" of Georgia so as to provide that common stock which is used to convert capital notes or debentures or to consummate the sale of stock pursuant to the exercise of stock options shall be common stock authorized by amendment to the charter of the bank but not issued and sold at the time of such amendment; and for other purposes.

The following amendment was read and adopted:
The Committee on Banks and Banking moves to amend HB 939 as follows:
By inserting in the title after the phrase "to provide for a stock option plan or the withholding of capital stock from sale" the following:
"to provide for the notification of the preemptive rights of stockholders in certain situations;".
By inserting in the last sentence of Section 4 immediately before the words "as herein provided", the words,
"unless not required".
By striking from the end of Section 5 the following words,
"rise of stockholders",
and inserting in lieu thereof the following:
"rights of stockholders".

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, as amended, the ayes were 113, nays 2.

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

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JOURNAL OP THE HOUSE,

HB 1167. By Mr. Ward of the 2nd:
A Bill to be entitled an Act to amend Code Title 88 known as the "Georgia Health Code", so as to provide for the control of the drilling of water wells; and for other purposes.

The following amendment was read and adopted:
The Committee on Hygiene and Sanitation moves to amend HB 1167 as follows:
By striking from the title the following: "to provide for licensing well drillers by the Director of the Department of Public Health", and inserting in lieu thereof the following: "to provide for licensing well drillers by the Director of the Department of Public Health or by an official or employee of the Department of Public Health designated by the Director;".
By inserting in the title immediately following the phrase: "to provide the fees therefor;", the following: "to provide that this Act shall be cumulative of and supplemental to county or municipal ordi nances regulating the drilling of wells with certain exceptions;".
By striking from the beginning of quoted Chapter 88-26A of Section 1 the following: "88-2601", and inserting in lieu thereof the following: "88-2601A".
By striking in its entirety subsection (d) of Section 88-2601A of quoted Chapter 88-26A of Section 1, and substituting in lieu thereof the following:
"(d) 'Director' means the Director of the Department of Public Health or an official or employee of the Department of Public Health designated by the Director.
By striking from the end of Subsection (b) of Section 88-2602A of quoted Chapter 88-26A of Section 1 the following language:
"or county business or privilege tax and shall entitle said person to the full and complete privilege of drilling wells in the State of Georgia, and the Director shall issue a license for a period not to exceed one (1) year.",
and inserting in lieu thereof the following:
"county or municipal business or privilege tax and shall entitle said person to the privilege of drilling wells in the State of Georgia, and the Director shall issue a license for a period not to exceed one (1) year; provided, however, this Act shall be deemed to be cumulative of and supplemental to any county or municipal ordi nance or resolution as may now or as may hereafter be adopted regulating the drilling of wells within any such county or munici pality, except county or municipal business or privilege taxes levied in connection therewith, and the provisions of such ordinances or resolutions shall continue in full force and effect until changed by the county or municipality adopting same, but nothing herein shall

TUESDAY, FEBRUARY 27, 1968

2061

be construed so as to exclude any well driller residing or operating within any such county or municipality from the provisions of this Act."
By striking from the end of Section 88-2609A of quoted Chapter 88-26A of Section 1 the following: "at his own place of residence for his own use and the use of his family.", and inserting in lieu thereof the following: "on his own property.".

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, as amended, the roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Alexander Berry, C. E. Bo stick Brantley, H. H.
Carnes Gates Cole Collins, J. F. Colwell Cooper, B. Cooper, J. R. Crowe, William
Dillon Douglas Farmer Gay Gaynor Graves Hamilton Harris, R. W. Henderson Higginbotham

Hood Howard Hutchinson Jenkins Johnson, A. S. Johnson, B. Joiner Laite Lambert Lane, Dick Lee, W. S. Lowrey Mason Matthews, C. McDaniell Melton Merritt Moore, J. H. Murphy Nash
Odom Palmer Paris

Those voting in the negative were Messrs.

Anderson Ballard Barber Barfield Battle Bennett Berry, J. K. Black Blalock Bowen Branch Bray

Cato Cheeks Collins, M. Cook Crowe, W. J. Dailey Daugherty Da vis
Dixon Dodson Doster Edwards

Parker, C. A. Parrish Rowland Savage Scarlett Shanahan Shields S hum an Simmons Sims Smith, J. R. Snow Starnes Steis Threadgill Underwood Walling Ward Wells Williams Wilson, M. Wood
Egan Fallin Fleming Funk Gary Gignilliat Gunter Hadaway Hall Harrington Harris, J. F. Holder

2062

JOURNAL OF THE HOUSE,

Jordan, G. Jordan, W. H. Kirksey Land Lee, W. J. (Bill) Leonard Lewis Lovell Magoon Malone Matthews, D. R. Mauldin Maxwell

McClatchey McCracken Mullinax Newton Northcutt Parker, H. W. Peterson Phillips Poss Potts Reaves Richardson Roach

Sherman Smith, W. L. Stalnaker Sweat Townsend Tucker Tye Vaughan, D. N. Vaughn, C. R. Ware Whaley Wiggins Wilson, R. W.

Those not voting were Messrs.:

Bond Brantley, H. L. Brown, B. D. Brown, C. Buck Busbee Caldwell Chandler Clarke Conner Cox Dean DeLong Dent Dickinson Dollar Dorminy Farrar Floyd Grahl Grier

Hale Hargrett Harris, J. R. Harrison Hill Howell Jones, C. M. Jones, M. Kaylor Knapp Lambros Lane, W. J. Leggett Levitas Longino Miller Mixon Moate Moore, Don C. Moreland Nessmith

Nimmer Oglesby Otwell Pafford Pickard Ragland Rainey Ross Rush Russell Smith, G. W. Smith, V. T. Sullivan Thompson, A. W. Thompson, R. Turner Wamble Westlake Winkles Mr. Speaker

On the passage of the Bill, as amended, the ayes were 68, nays 75.

The Bill, having failed to receive the requisite constitutional majority, was lost.

HB 1071. By Messrs. Starnes, Lowrey and Graves of the 13th, Jones and Buck of the 112th, and Thompson of the lllth.
A Bill to be entitled an Act to amend the Sales and Use Tax Act, so as to exempt from said tax all sales by municipalities and counties arising out of their operation of any public transit facility; and for other purposes.

Mr. Levitas of the 118th moved that the three amendments by Mr. Vaughn of the 117th be printed.

On the motion to print, the ayes were 48, nays 76.

TUESDAY, FEBRUARY 27, 1968

2063

The motion to print was lost.

Mr. Floyd of the 7th moved that further consideration of HB 1071 be post poned until tomorrow.

On the motion to postpone, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams Berry, C. E. Bostick Bowen Branch Brantley, H. H. Brantley, H. L.
Games Cheeks Cook Cox Daugherty Dillon Egan Farmer Floyd Funk Gary Gaynor Gignilliat Grahl

Graves Grier Harrington Harris, J. R. Henderson Hood Jenkins Knapp Lambros Lane, Dick Lee, W. S. Le vitas Lewis Lowrey McClatchey McCracken Merritt Nessmith Nimmer Odom Parker, C. A.

Parker, H. W. Parrish Rainey Richardson Ross Russell Savage Starnes Thompson, A. W. Threadgill Townsend Tye Walling Wamble Ward Wells Westlake Whaley Wilson, J. M. Winkles

Those voting in the negative were Messrs.

Alexander Anderson Barber Ballard Barfield Battle Bennett Berry, J. K. Black Blalock Bond Brown, B. D.
Gates Cato Clarke Cole Collins, J. F. Collins, M. Colwell Conner Cooper, B. Cooper, J. R.

Crowe, William Crowe, W. J. Dailey Dean Dickinson Dixon Dodson Doster Douglas Edwards Tallin Gay Gunter Hadaway Hall Harris, J. F. Harris, R. W. Harrison, Hill Holder Howell Hutchinson

Johnson, A. S. Johnson, B. Joiner Jordan, G. Jordan, W. H. Kaylor Kirksey Laite Lambert Land Lane, W. J. Lee, W. J. (Bill) Leonard Longino Lovell Magoon Malone Mason Matthews, C. Matthews, D. R. Mauldin Maxwell

2064
McDaniell Miller Moate Moore, Don C. Moore, J. H. Mullinax Murphy Nash Newton Northcutt Otwell Palmer Pickard

JOURNAL OF THE HOUSE,

Poss Potts Reaves Roach Rowland Rush Scarlett Shanahan Sherman Shields Shuman Simmons Sims

Smith, J. R. Smith, V. T. Steis Sullivan Sweat Tucker Underwood Vaughan, D. N. Vaughn, C. R. Ware Williams Wilson, R. W. Wood

Those not voting were Messrs.:

Bray Brown, C. Buck Busbee Caldwell Chandler Davis DeLong Dent Dollar Dorminy Farrar Fleming

Hale Hamilton Hargrett Higginbotham Howard Jones, C. M. Jones, M. Leggett Melton
Mixon Moreland Oglesby Pafford

Paris Peterson Phillips Ragland Smith, G. W. Smith, W. L. Snow Stalnaker Thompson, R.
Turner Wiggins Mr. Speaker

On the motion to postpone, the ayes were 62, nays 105.

The motion to postpone was lost.

Mr. Henderson of the 102nd stated that he inadvertently voted "aye", but intended to vote against the motion to postpone.
Mr. Odom of the 79th asked unanimous consent that further consideration of HB 1071 be postponed until tomorrow morning immediately following the period of Unanimous Consents.

The consent was granted, and further consideration of HB 1071 was postponed until tomorrow morning immediately following the period of Unanimous Con sents.
Mr. Busbee of the 79th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

Journal of the House of Representatives 1968 continued in Volume II. Volume II has the complete index for both Volume I and Volume II.