STATE OF GEORGIA SELECT COMMITTEE ON CONSTITUTIONAL REVISION
Transcripts of Meetings 1977-1981
COMMITTEE MEMBERS
GEORGE BUSBEE GOVERNOR CHAIRMAN
ZELL MILLER LIEUTENANT GOVERNOR
THOMAS B MURPHY SPEAKER. HOUSE OF REPRESENTATIVES
ROBERT H. JORDAN CHIEF JUSTICE. SUPREME COURT
J. KELLEY QUILLIAN CHIEF JUDGE. COURT OF APPEALS
MICHAEL J. BOWERS ATTORNEY GENERAL
MARCUS B. CALHOUN SENIOR JUDGE. SUPERIOR COURTS
SELECT COMMITTEE ON
CONSTITUTIONAL REVISION
ROOM 23H 47 TRINITY AVENUE ATLANTA. GEORGIA 30334
4()46f:>67158
COMMITTEES MEMBERS
AL HOLLOWAY SENATE PRESIDENT PRO TEMPORE
JACK CONNELL SPEAKER PRO TEMPORE
ROY E BARNES CHAIRMAN. SENATE JUDICIARY COMMITTEE
WAYNE SNOW. JR CHAIRMAN. HOUSE JUDICIARY COMMITTEE
FRANK H. EDWARDS SPECIAL COUNSEL
J. ROBIN HARRIS EXECUTIVE DIRECTOR
MELVIN B HILL JR. ASSISTANT EXECUTIVE DIRECTOR
MEETINGS HELD ON CONSTITUTIONAL REVISION
SELECT COMMITTEE
COMMITTEE
Select Committee Select Committee Select Committee Select Committee Select Committee Select Committee Select Committee Select Committee Select Committee
DATE
# OF PAGES
, May 2 ;~:-) 1977
6
July 6, 1977
4
November 29, 1977
41
January 4, 1978
56
February 15, 1978
33
July 11, 1979
25
December 17, 1979
223
January 9, 1980
82
June 30, 1980
26
SELECT COMMI TTEE ON CONST! TUT! ONAL REV I SI ON Meeting Held May 25, 1977
The meeting was called to order by the Chairman, Governor George Busbee. Members present were' Governor George Busbee; Lieutenant Governor Zell Miller; Speaker Thomas B. Murphy; Chief Justice H. E. Nichols; Chief Judge John Sammons Bell; Attorney General Arthur Bolton; Judge Marcus Calhoun; Senator Al Holloway; and Representative Wayne Snow. Also present were LegisLative Counsel Frank H. Edwards and Bill Harper, Executive Counsel to the Governor.
The Chairman noted that a committee of three had been previously appointed to present recommendations for an Executive Director. He stated that the committee recommended Martin (;-"arty) Hodgkins, Jr., who is 30 years of age and married. Marty worked for more than four years with the Council of State Governments and served a 20-month tour in the U. S. Army. He is extremely familiar with the rewriting of constitutions in Louisiana and Texas and provided assistance to the constitutional revision staffs in those states. He returned to school to get a Master's Degree at Florida State University and finishes June 10 and would be able to begin to work shortly thereafter. The Chairman stated that a salary of $20,000 had been discussed, with the idea that the committee is going to be of long duration. This figure would be a beginning s.alary wi th no other commitment at this time. A motion was made that the Select Committee elect Marty Hodgkins as its Executive Director at the salary recommended. The motion was unanimously adopted.
A discussion was then held concerning office space for the central staff. A motion had been made at the last meeting
that the Chai rman would a ttempt to find space on Capi tol Hi!l. Bill Harper stated that he had talked with Lee Marshall of the Georgia Building Authority to determine what space might be available. Mr. Marshall related that the only vacant space anywhere near the Capitol is the three rooms on the fifth floor of 7 M. L. King, Jr. Drive. The rooms are assigned to the State Properties Commission, but because the commission is h.aving problems with getting additional positions authorized, they are not able to use them now and will not be able to use them until this problem is solved. They are willing to let the Select Committee use these three rooms if they can be assured that some additional space will be made available to them as their perso.nnel problem is worked out. They have 468 square feet, which is two private offices and one large outer office that could be used by two secretaries. Mr. Harper stated that in talking with frank Edwards, it was thought this would more than likely be .adequate space for this purpose for at least the next year.
The Chairman stated he would have to work this out with the Properties Commission, and a motion was adopted to the effect that the Chairman find the space for the Executive Director on a temporary basis. Speaker Murphy stated that the committee's staff could use legislative commi ttee sp.ace for a temporary location until the Chairman finds more permanent space.
The next item on the agenda was the membership of the articles committees. It was noted that the expenses would be paid out of legi slati ve funds. Representati ve Wayne Snow p.assed out a list of 20 names for possible membership on the Judiciary Article Committee. The list 1ncludedl the three deans of the three major state law schools or their designeel Judge Marcus
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Calhoun representing the Superior Court Judges; Chief Justice Nichols; Chief Judge Bell; the President of the Younger Lawyers Section of the State Bar of Georgia; the President of the State Bar of Georgia or his designee; a representative from a grand jury association (the most active in the State is Fulton County); the President of the Georgia Chamber of Commerce or his designee; the President of the Georgia Press Association or his designee; the President of the Georgia League of Women Voters or her designee; a representative of l~bor (Representative Snow suggested Harry Bexley, Business Manager, Local 613, International Brotherhood of Electrical Workers); Hepresentative Albert Thompson, Chairman of the House Special Judiciary Commi ttee; Senator Howard Overby, Chai rman of the Senate Judiciary Committee; Robin Harris, who has worked a great deal on constitutional revision in the past; Robert Stubbs from the Attorney General's office; the President of the Prosecuting Attorneys Association or his designee; Judge Sidney Smith, who is Chairman of the State Bar committee working with constitutional revision; and Representative W.ayne Snow. Representative Snow stated that this list of names was just a recommendation.
Chief Justice Nichols asked if Judge Sidney Smith would be a representative of the Judicial Councilor a representative of the State Bar.
Flepresentative Snow stated that Judge Smith is presently chairman of a committee of the State Bar, of which Hepresentative Snow isa member, and that this committee will be working separately on judicial article. Representative Snow stated he felt this represented a cross section of the population in this State.
Senator Holloway stated he was leaning toward having two
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committees, since Article X (Retirement and Scholarships) is essentially two different subject matters. He will have an Article Committee composed of two committees. He felt that 14 was about the number he would need for his Retirement Committee' one representative each from the business community; labor community; League of Women Voters; Teachers J Retirement System; nonacademic teachers and state employees; firemen, judges, sheriffs, clerks (one representative from this group); five members from the legislature, primarily the Education Committee and the committees involved in this area of law; governmental agencies; Meri t System; and one retired person. Senator Holloway stated it was not his intention to confirm any memberJs appointment until every name had been submitted to the Select Commi ttee. The Scholarship Commi ttee would be composed of about the same number of members. Senator Holloway would serve as chairman of both committees.
Arthur Bol ton, Chai rman of the Arti cle II (Electi ve Franchise), stated he had thought tentatively about two members from the House; two members from the Senate; saneone from the Secretary of State1s office who is familiar with elections; League of Women Voters; Georgia Municipal Association; County Commissioners Association; a judge of the probate court; ,a representative from labor; and a representative from the State Chamber of Commerce. In addition to himself, this would be about 12 members serving on the committee.
The question was raised that if it is inconvenient for a member of an Article Committee who is representing an organization to attend a particular meeting, is it in order for a designee of the committee member to attend in his absence. Mr. Edwards suggested that the Select Committee should decide whether
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the designee would be allowed to vote for the committee member. A motion was passed that a representative for a committee member who is representing an organization would be allowed to vote.
A motion was made and adopted that the chairmen of the articles committees would designate the person of a parti cular organization to serve as a member of each committee.
A motion was adopted that the membership of the article committees would be approved by the Select Committee. The Chairman of each article committee is to mail a list of the names that he recommends for membership on his committee to the Select Committee. If there are any objections by the members of the Select Committee, those objections should be transmitted to the Chairman or to Bill Harper. If there are no objections received within five days, those persons will serve as members on the article committee.
Senator Holloway stated that he would like some guidance as to who to use from a legal standpoint. There was some discussion concerning this, and Mr. Edwards stated that he had planned to have someone from the Office of Legislative Counsel attend the meetings of the articles committees. He stated that he had not thought about devoting somebody from his staff to work full time wi th the articles commi ttees. Marty Hodgkins suggested that experience dictate the size and composition of the permanent staff. A motion was adopted that Mr. Hodgkins report back to the Select Committee as to recommendations for the staffing of the Select Committee. He is to confer with the chairmen of the articles committees to see what their needs are.
The last item on the agenda related to a timetable for the completion of the work on the articles. Of course, the articles are to be submitted to the legislature in January of
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1978. Looking at the middle of June when Mr. Hodgkins will come to work and projecting from that point on, the Select Committee should have the articles well in advance of the next legislative session. It was suggested that the various Articles Committees present their proposals to the Select Committee by November I, 1977. This would provide adequate time for the Select Committee to review the proposed articles. The Chairman stated that he has 24 days in November already scheduled, and it would be of major assistance if the articles were submitted to the Select Committee by October I, 1977. A motion was made and adopted to that effect.
There being no further business to bring before the Select Committee, the Chairman declared the meeting adjourned.
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INDEX Committee Meetings Held on Constitutional Revision
Select Committee Meeting Held on May 25, 1977
'I ,
SELECT COMMITTEE MEETING, 5-25-77 (Procedural)
SELECT COMM1 HEEON CONSTITUTIONAL REVISION Meeting Held July 6, 1977
The meeting WaS called to order by the Chairman, Governor Georg8 Busbee. Members prescnt were: Governor George Busbee; Speaker Thomas B. Murphy; Ben G. Estes, Law Assistant,
representing Chief Justice H. E. Nichols; Jud'..J e JulIan Webb
representing Chief Judge John Sammons Bell; Attorney General Arthur Bolton; JUdge ,\iarcus Calhoun; ~;enator Al HolJo"li1y; Senator Howard Overby; Jleprcsentative Jack Connell and herre,;entati VB Vwyne Snail. Also present were Chief IJeputy Le9isliJtive Counsel Charlie Tid,'lell and Cary Bond, Legislative Fi'ical OUicer, and Executive Director of the Select Committee, Martin Hodgkins.
Minutc~; of the meeting held on ;'!.dy 25, 1977, wen) paS;icd
out to members ot the Select Committee, Bnd a motion was epproved
that the Corm"i tte') dispense with the reading of thG Ir.inlltes. The Comrni ttee then heard reports from the ChAin:18n or
the Articles Committees. Attorney General Arthur Galton, Chai rlTle;n of the E1e c ti V8 frunchi se Ar ti cl e Commi t tee ro par to d that hi~; Commi tt8C had met and would have Bnpther rn'~eting on July 7. He stated he hoped to get into ho'.'! the Commi ttee \'!anted to approach redrafting this Article. Thc Elective Franchise Article CO!'I;nittee plans to meet each Thursday, and Mr. Bolton stated he felt five meetings would be sufficient for this Committee.
Representative Wayne Snow, ChairmDn of tha Judiciary Article Committee stated that his Cownittee will meet Monday, July II. He is interested in the three law school::;--ot takinq advantDge of their expertise, and will study the 1964 revision as well as the 1968 reVision. lie stated that hopefully his Committee would be in real good shape by the end of this summer.
Senator Al Holloway, Chairman of the Retirement and Scholarships Article Committee, reported that his Committee had met on July 6. He stated at first he thought of having two committees--one for Retirement and one for Scholarships, but he thought one committee would be able to work in both of thesc areas. His Committee ~li.l1 work ~Iith the retirement portion of Article X and then work with the Scholarships section. l~e Committee has set up rules regarding a quorum, etc. No person substituting for a member at the Committee will be allowed to vote on the final adoption. He stated that tho Co~mittec discussed the expenses und he thought the legislature did not intend to cover the S36.00 per day tor the state employees on tho
Commi tte e. Attorney General Arthur f301 ton stated rw could gi. VB
him an opini.on on that, I'lhich Vias no. The lletirement Bnd Scholarships I\rticle Coromi ttee plans to meet each ~iednesdi1Y.
The Chairman statt)d that the ~)elect Comflli Use, at its last loeeting, hed asked Murty Hodgkins, Executive Oil-ector, to make some staff recommendations. A memorandum including this was given to each member of the Select Corr~ittee. The Select Commi ttee agreed wi til 1,lr. Hod9kin~'" recommendations except it \'las fel t that the range at salary ot the secretary/admini strati ve assistant was too low. !'.tter' discussion, a motion was made that the salary should range tram S8,OOO to S)) ,000. The motion was adopted.
The next item on the agenda was supplemental legislation. Senator Holloway stated he thought it would be a better process to let the indiVidual committees be ever mindful at that area. Anything that is going to be changed to statutory will be in the recommendations to the Select Committee.
The Select Committee then discussed transcripts at the
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proceedings of the Commi ttees. The transcripts of the 1945 Consti tution -Bre in two volumes. The Chairman sLated that the cost would be about $2.00 per page with a guarantee at $50.00. Speaker Thomas Murphy stated that for public hearings the Committees could use the House Appropriations Committee room and everything could be recorded in that room. It was noted that the record of the 1945 Constitution had been used in -8 case in the Supreme Court. A motion was npproved that a transcript be made at all public hearings, -8S well as the deliberations by the Select Commi tt.ee of the recommendations of the three Articles Camilli ttees. Charlie Tidvlell mentioned that he was concerned about thi s due to the fact that sometimes the anI y source of intc'rpretinc) trw ConstItution is the transcripts of the proc~eding5 of the CODmittee~. He felt that ench meeting could be recorded; it doesn1t necessarily have to be transcribed. A IllOti on \iJS made to recon~;ider the previousi::ction dnd have all 1!leetin(js recor(i0~d. The motion was adopted.
The Select Committee discussed the Suggested Rules of Procedure prepared by Marty Hodgkins. I t was dec ided that ,a m:ljority vote of anything about the Constitution would require six affirmative votes.
l~e approval of vouchers was discussed. It was stated that since th<; expenses corne out of legislati ve funds, someone in the House and Senate has to approve them. In the final analysis Ci1ry Bond must haVe some instruction as to haw he pays the expenses. Perhaps the easiest way would be to handle it through the Executive Director's statf with either the Speaker or the Lieutenant Governor countersigning the vouchers. A motion was adopted to this effect.
Marty Hodgkins brought up the question of who would
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approve his travel expenses since he could not approve them. It was decided that the Speaker or the Lieutenant Governor or their designee could approve those expenses.
There being no further business I the loeeting ~!iJS adjourned.
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INDEX Committee Meetings Held on Constitutional Revision
Select Committee Meeting Held on July 6, 1977
SELECT COMMITTEE MEETING, 7-6-77 (Procedural)
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STATE OF GEORGIA
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Proceedings of th~ Meeting of the Select Committee on Constitutional Revision, held on November 29, 1977, at 3:00 o'clock, p.rn" in the Officer of the Governor at the State Capitol, Atlanta, Georgia, and presided over by Governor Busbee.
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BRANDENBURG & I-IASTY
SCIENTIFIC REPORTING
37D COLONIAL TRAIL, DOUGLASVILLE, GEORGIA 30135
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942-0482
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DEPOSITIONS - ARBITRAnONS - CONVENTIONS - CONFERENCES
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PRO C E E DIN G S
2 GOVERNOR BUSBEE:
The meeting will come to order. You have had passed
to you the minutes of the meeting ot July 6th. I'll en-
terta!n a motion.
SEll. OVS RBY :
Move it be adoptert.
8 GOVFPNOR BUSBEE:
9
All right. It's been moved. Is there a second/
10 JUSTICF NICHOLS:
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Any objectiol'?
If not, the Minutes st~nd approved.
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T'I" first r~.nort from one of the ArticJe's study C'ommittpe w i l l h eon i\ r tic 1(' I I ... - I~ r. Be), t 0 tI
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Governor, I had previously m~iled each one of you--
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That's under Tab C, I thin~:J i s your "f~ po r t., i s n ' t
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Risht.
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GOVfR,-)nn PUSBEE:
The letter's d~tpd 0r~obpr 6th.
24 II
Right. It follows your propoge~ Article 11- your
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i0tter of October ') th .
MR. BOLTO}~:
2
hnd I also included in that explanatio~ of why the
3
Co~wittee, so far as we could recall--why th0 Committee
4
had made these changes. And other than that--I m~an, this
5
is a first for me. I don't know how the Comnitee want me
b
do discuss it or what they want us to do.
7
how to prepare for the meeting today.
8
GOVE'PNOl:1 BUSBEE:
9
can we do this,? I don't--most of you--I don't know
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whether you have your Constitutions with you. But on the differences in the Article--while you'rA reading, we can just take this an Article at the time if you want. Rut I --the only things you've done as far as the first ~dragrap is concerned. is yc)u've inserterl the wordS "secret ballots,
which is the law now where it s~ys in the present Constitu 1
tion, "E~.ect.ion by the people shall he by hallot and only those persons shall be allowed to vote who have been first registered in accordance with the requir~ments of
19
law. " And you've put "shall he conducted in accordance
20
with procedures established by law." That's mainly a word
21
jog change, r think.
I 22 MR. BOLTON:
23
\\1 e l l , t hat. 's rig h t .
The wording was to follow the
24
" '? S t d h 1 she d b Y 1 a w .. a s a p pea l' S J I t h ink, e 1 sew h t' r e i n t h a t
25
same Art i c If.~--" procedure s established by law. " Do you
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_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _._. .._....J
want to go over on an Article by Article--
PAGE <1
.1
2 GOVERNOR BUSBEE:
3
I just wondered--I think all of us have read this.
4
Are there any questions concernin0s any of the changeB
5
that have been made?
6 MR. BOI.T('I'N;
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The last page is change that we think might be necessary because of this proposed Article. That's the last page under C.
10 GOVERNOR BUSBEE:
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Before you--could I
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12 ~ MR .. BOLTON;
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Certainly.
interrupt you
just a
minute?
14 ~ GOVE R~O R BUSBEE:
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I think all of you will know this, but as far as the Article is concer.ned, Arthur has about six--about .f."~ ve pages there explaining the changes in the proposed
18
Article and it's an outline there of it. And you mi']ht
19
want to scan that. But go ahead with your statute changes
20
Now, you're on the ~Recommended Changes to State and Muni-
21
cipal Election Codes as a Result of Revision of Article II "
22
as you have proposed it now?
M:<. nOL'l'O;'1:
24
Yes. "In the case of an election, the superintendent
25
shall make the return of the election as follows;
PAGE 5
to he filed with the governing authority of the municipal-
2
ity" .. -this -",auld he a tuatutory shange--"one copy to be
3
filerl with the secretary of State, together with a copy of
4
the numbered list of voters of each election district, at
5
the same time such returns are filed with the governing
6
authority of t.he municipality." And I'll ask y'all to
7
correct me if I'm wrong. Now, municipalities are not re-
8
~uired to make returns to the Secretary of state or to any
9
office. And this would--the new constitutional provision
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would require that; is that correct? PRATT:
Yes. BOLTON:
So this would make the statute conform to the proposed change in the Constitution. In other words, municipal elections would now be returned to the Secretary of state as well as your State and county elections. They
18
are not returned now.
19 GOVERNOR BUSBEE:
20
And then you have the addition to the municipal elec-
21
tion code.
22 MR. BOLTON:
23
"In the case of r~ferenduln elections provided for by
24
act of the General Assembly, the superintendent shall
25
transmit immediately to the Secretary of State a copy of ,
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PAGE (,
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the cert.ified returns of such elections, th.~ official
2
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and A copy of the numbered list of voters of each election
4 il
district."
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GOVERNOR BUSBEE:
6I
This is uniform r~porting for municipal elections
7
and i t all comes into the Secretary of State. Eve ry th in Cj ,
8
out of the Constitution and it's in statute and it's uni-
9
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fa rtn.
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BOLTON: Well, now, too, the Constitution provides that the
legislature should provide for who the returns should be made to. By a close vote, this Committee removed--if that's the proper word--or designated th~ Secretary of
i
State as the person to whom all election returns should be! made . So that's--the statute woul~ then conform with the new provision of the Constitution. As a matter of fact,
18
the statute now says secretary of State. nut under the
19
present Constitution, the legislature could change that.
20
If this proposal is adopted, it would be in the Consitu-
21
tion. If the Article is adopted, it would be vested in
22
the Secretary of State and it couldn't be moved out.
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GOVE RNOR iWSBF.E:
24
You have two other provisions there dbout the State
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Election Code. One is 34h-910 and one is Section 34-1010.
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PAGE 7
MP. BOVrON:
2
Right. ~\lmber 2(g). "~ny candidate" seeking nomina-
3
tinn for public office by ncminR~ion petition shall be a
4
registered voter eligible to vote in the election in which
5
he is a candidate."
6
Jim, isn't that--there was no requirement that it be-
7 GOVERNOR BUSBEE:
8
That's a new provision.
9 HR. PRATT:
10
There was different language and it pretty much added
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up to that. There was various requirements about being an
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elector and being this and that. But the language that's
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been recommended accomplishes substantially the same purposes but ~t's more economical .
15 .) GOVER~WP PUSBEE:
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All right .
oz
17 ~MR. BOLTON:
You have Section 34-1010.
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(h) was "Any candidate seeking nomination for public
19
office by nomination petition shall be a registered voter
20
eligible to vote in the election in which he is a candid-
21
ate. "
22
Now, the section (h) there--this is a writein--thp.
23
D0mination petition. We revmoed--the Committee voted to
24
remove the write-in provision from the old--from thA pre-
25
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sent Constitution and to provide for it in the ~onstitutio~,
PAGE 8
but to leave tIle details of it to the--to statutory ,'lnd
2
that's exactly ~h~t this.
3 GOVRRNOR FlUSBEF.;
4
That'~ number four.
5 MR. BOLTON;
6
That's r:irJht.
7 GOVERL~OR BUSBEE;
8
Any questions on any of that? Then, there's two
9
paragraph--rather, two sections in that provision.
10 MR. BOLTON:
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That was a11--a11 the recommendations we had. Now, I want to say to this Committe, WI'! 're still studyinl] this thing and it might he possible that we could conceivably
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come up with some other recommendations between now and
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the time the General Assembly meets.
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16 ~ID GOVF. RNOR BUSBEE:
az
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r think we'll hold that op~n. If we can--we'll call
18
the Select Committee if any member makes a requ~st. We
19
can give a special call. If we can--we're going to have
20
some other items. When we get through with the Articles
21
themselves and with the statutory changes, we're going to
22
have some procedural matters that we need to go on anct tak
23
up now because there's only five weeks before the legl51a-
24
ture meet!'!.
25
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All right. Is there any questions concerning any of _~
PAGE 9
the proposed changes in the Constitution on the Articlo or
2
on the statutory changes that's being proposed?
3 JUDGE CALHOUN:
I notice one difference in the Article and in the
5
explanation. Paragraph II says a person convicted of a
6
crime--
7 GOVE F.NOR BUS BEE:
8
You're back now on--
9 JUDGE CALHOUN:
10
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Back to the Article, right. A person convicted of a crime shall be eligible to vote after he completes his sentence. Then in the other person, a person convicted of a crime is not eligible to hold office until he's pardoned ~ftrthe explanation, Arthur, you say if he completes his sentence, all of his civil rights ought to be restored automatically. BOLTON:
18
That was the feeling of the Committee.
19 JUDGE CALHOUN:
20
But you're not restoring nlS right to hold office.
21 ~1R. BOLTON:
22
Well, there's a rlifference--no--Jim, correct me if
23
I'm wrong--there's a difference between the right to hold
24
office--they felt that the right to vote was a more sub--
Off~C_~_~ ~\~~_~ 25 ______st.antial right than the right to hold
__
ex=-_._j
PAGE 10
pressing it correctly--what they said]
2 GOVERNOR BUSBEE:
3
Well. I think--did you--
4 MR. BOLTON:
5
Everyone has the right to vote.
6 GOVERNOR BUSBE;:;:
7
What they have outlined on their explanation of this
8
change is on page three of the explanation where it says
9
"Substantive Changes" down at the bottom of the page and
10
they go on and state "The present Article"--who it (liB-
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enfranchises. Then. on the page four. go~s on "The proposed Article disenfranchises criminals as follows"--and then they go on and say that "The substitution is designed
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to accomplish five things: "--and they list (a). (b). (c).
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(d) and (e). And then they--I think that's the explanation of what you're talking about if you've read it.
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17 : JUDGE CALHOUN:
18
Right. It is. I don't question this may be the way
19
it ought to be. but I--there is a difference there.
20 GOVERNOR BUSBEE:
21
It's a substantial change.
22 JUDGE CALHOUN:
23
I'm not sure there oughtn't to be a pardon in both
24
cases.
25 MR. BOLTON:
-
PAGE 11
well, their feeling was--the way it was discussed by
2
this COMmittee--their feeling was that, as a practical
3
matter, when a person presents himself to vote that a per-I
4
son in Spaulrlinry--my county--if h~ moved there from Hall \
S
County, they had no way in the world to know whether that
6
m~n uas--had been incarcerated O~ not. And as a practical
7
mattnr, it was honored more in the lack of enforcement
8
than it was enforcement. That pertains to being in pri-
9
son. And the idea was discussed the the man can go in the
10
..CzI
11 i=
o......
12 ~
@r~ 14 ..>...-. -( :z: .. 1S .:. CI ::> 16 ~ Q z -( 17 ~
18
theater and sit down l"ith you and eat at the table wit.h you in the restaurant and do anything else, so why should you deprive hiM of the right to vote.
I agree. T agree I recently had a case--was trying a ca3~--presiding in a case in Brooks County and ~ualifyin'] the jury. And one questions you ask, you ask if a',~ybody has any reason tn know why he shouldn't serve on ttisl
I term < One man stood up and I said, "Yes, sir, ..,that's your
19
name? Give me your name and your reason." He told mEO his
20
name and sait'l, "I just was released from Reidsville." So
21
He wanted to be excuse~. T 11 iJ t ',,; a r. 0 the r
22
civil right--to ::;erve on a jury.
23 r,m. ROLTON;
24
I'd really like for the~ to lonk this over. I'n not
2S
trying to--I'd like for them to look this over and have a___-JI:
PAGE 1:' ------ ---------.--
subsequent meeting before W~ pass this on and let them try
2
to ask any questions that--that they felt like. I don't
3
feel like that they've hnd a chance to look at this thing.
4
I'm not trying to suggest procedure o~ how ~e should
S
handl~ i t . T just say, this is C' iirs,:.. T don't kno',IT.
6 GOVERNOR BUSBEE:
7
We're going to probably have to lli'l.V8 i'lJ1otiJPr mn~t.in(j
8
anyway. But if we could go on an~ hear from AI's Commit-
!
9
tee and WR,ne's, then we could get these procedural things!
10
"z
11 t-
..oo..<..
12 0<
@r! HR.
in motion. You'll have an opportunity to review it and
1. fan y bod Y ,1 e sir e s t0 h e h ear don it, \'r e '11 h a v i" an 0 t 11 e l'
Meeting. BOLTON:
14 >-
!;;
r want the Committee to know that this is the Commit-
:~r
15 0)
tee I S \-lork. I presided at the meetings.
"0<
::>
16 .~.. GOVERNOR BUSBEE:
Q
Z
~
17 :
I think it does an excellent job of explaining your
18
re asoni ng. It's a question of wh~ther you concur with
19
their reasoning or not. They state their reasons--five
20
reasons.
21 REP. SNOW:
I
I
22
r Coul~n't we go ahead and t~ntatively adopt i t , thoufjh
23
and then if there are ~uestions that come up, then '.:e
I
24
could come back on that? I mov;:! tha t we i'ldopt the recom- j
2S
mendations.
i
!
I
.---
1
JUDGt~ SHITH:
PAGE 13
--____-__---1
2
I second it.
3 GOVPRNOR BUSBEE:
4
There's been a motion made ann seconded. Is there
5
(liscussion?
6 HR. BOLTON:
7
Tentatively adopt it.
8
MR. SNO\I~:
9
Tentatively adopt it.
10
GOVE RNOR BUSBEE:
z"
11 ;:
@;;..'o"....
All right. When you say tentatively, let me define tentatively and discussion on the motion that's been made and seconded. If any memeber of the Select Committee asks
! 14 .~.. %
15 0)
"'"::>
16 ~
o
Z
17 :
to be heard on this, I will call a meeting of the COMmittee; otherwise, I will not. Now--any one Committee membe r.
All right. Is there any furtn\er discussion? If not,
18
all those in favor say aye. (A chor~s of ayes.] All
19
opposed? [No re sponse ] It's unani~ously adopted.
I
20
All right. The next is the report on the JUdicial,
21
Wayne Snow, Chairman.
22 REP. S~OW:
:
I
I
23
Governor, members of the Committee, we have met for II
I
24
the past several months and we've had one public hearing. I
I
25
And at the time of the public hearing as well as the amount,
._----~--------------------_._----
PAGE--1-4-------l
of mail and confusion that existed among many members of
2
the B~r and many of the courts of our State, that we cer-
3
tainly felt that we should hear more--additional informa-
4
S
6
7
8
9
10 CzI
II i=
@;;'..o".... ! 14 ...... <l :I: IS 0:1 CI '":;) 16 ~... Qz 17 ~
tion fto8--that people should have an opportunity to have
, \ I-
more
input -into
itl:hi'll
'::hAjI've .had,
re-alizin<]
t\,; .Judicia
.~'
ArticlE! ane'! the proposed r;lan'gel=: that ii;'e c:,',; llg to be mac).'
,
in it, [probably are more controverisal than dny
i
Articl~ that we can deal with, we felt that we $hou~J nave II
I ! t
i at lea~t a continuance of one year to con~inue th~ work of
I
i
I
the Co~mittee. We're asking this select Committee to alloJ
~ontinu. us to
for an additLonal year before we have to
I
make a Ireport and we feel, in that time, that we will have I
been able to have additional public hearings throughout
the state and will be able to better explain the changes
that are contemplated in the Article and you have copies
of our report. That's primarily what we're doing--asking
for--is asking for additional time. We feel strongly that
18
it's necessary, that there is considerable interest among
19
many of the courts of the State as to the recommendations
20
that have been tentative thus far. And we--we're asking
21
this Committee to give us an extension.
22 GOVERNOR BUSBEE:
!
23
I Let me make a statement and see if Frank and Charlip
24
and others agree with me. My understanding is that the
I
2S
Select Committee is a permanent standing committee.
I
\'le ----~I
I
PAGE 15
will meet every year and organize into subcommittees on
2
various Articles. So what the request of your Committee
3
is that you're not--you think this Article should be
4
studied further and the Select Committee should have fur-
5
ther study made on it before it's being taken for vote?
6 REP. SNOW:
7
If the Article's going to pass; Governor; it's got
8
be stuled further.
9 GOVERNOR BUSBEE:
-
10
All right. But then it will be up to the Select Com-
.Czl
11 i=
mittee to name another committee--Articles Committee to
.2..
@;~ make the-REP. SNOW:
! 14 ..:..r..
We're asking that we be rename. We feel like we're
15 ~
deep enough into it that it would be foolish to proceed
~
;;)
16 .~..
with any--
Qz
-
17 ~ GOVERNOR BUSBEE:
18
well, the only thing that stands from year to year is
19
the Select Committee, which is a statutory committee;
20
which you're on. Judge?
21 JUSTIC~; NICHOLS:
22
I want to make this statement bearing out--in support
23
of what Wayne has said. Elmo Holt, who is the President
24
or Chairman of the Superior Court Judges' Council called I
25
me and said--h~ told me that--to quote him on this. He ~
PAGE 16
l
said, "I--we're not against the JUdicial Article as pre- i
i
2
santed. But we do feel like that we ought to have more
3
time to study it and have more input into it before we
4
actually agree to it." He said, "We're not opposed to it
5
and we don't want to be quoted as saying we're opposed to
6
it." He said, "We may wind up agreeing with it in toto,
7
but we do want to have a little time to study it for the
8
purpose of having a little more in put in it." I told him
9
that I'd make that statement to this Committee.
10 REP.
zCl
11 j:
..'o"....
12 '"
@rl
SNOW: Governor, I think
Some additional public STate.
It'Q essential, too, that we hav0 hearinqs in other areas of the
14 >- GOVERNOR BUSBEE:
t;
~ :z:
15 .:.
Well, from what I've heard about the State, this has
"'";:)
16 ~...
been promulgated and people will be able to read it and
D
-Zc
17 :;
as another committee starts on this--Articles committee
18
starts on it next year, you can start from it at this
19
point. Any other questions concerning--
20 SEN. HOLLOWAY:
21
I move that we agree to grant the Committee the ex-
22
tension they--
23 MR. BOLTON:
24
I second it.
25 GOVERNOR BUSBEE:
_J
PAGE 17
All right. Is there any objec--all those in (avor
2
say aye. [A chorus of ayes.] All opposed.? [No response.
3
It's adopted.
4
Okay. Then the next will be Senator's Holloway's
S
Committee with regard to revising the Scholarship Article.
6 SEN. HOLLOWAY~
7
Well, Governor, the packet contained in file folders
8
passed out to members of the Committee has got our report
9
on the Article revision, which is rather lengthy. We
10
I.' Z
11 i=
@;;'..o".... .! 14 .~.. :I: 15 ~ I.' '":;) .. 16 ~.oz.. 17 :
18
have prooeeded with the ~ewriting of this Article on the basis of, number one, we had to awful careful to only consider those things that were germane to the language within the Constitution. We could have gotten into all kinds of area~ in retirement and pension systems that were actually statutory in nature. So we had to very careful in our Committee's consideration not to just gather out anybody that got over in the area that was a statutory con sideration. What we have done is put together a document
-.
19
that, number one, eliminates the further necessity for
20
local constitutional amendments. We--you will see that
21
included, not only is an explanation of the approach the
22
Committee made in the revision, but also the actual resolu
23
tions which have been drawn and which we hope will meet
24
with the approval of the Committee and, hopefully, intro-
2S
once i.n January. Included in that resolution is--there
PAGE 18 r r - - - - - - - - - - - - - - - - - - - - - - - - ---------------_.-- --- .---
were above seven areas, I think, in other Articles of the
2
Constitution that still touched on the Article we were
3
attacking. Now, the only time we went to another ~rticle
4
was when it did conflict with what we were Going in Arti-
5
cle X. We have amended some of those ArticluF as the bill
6
will show and we have eliminated some. Ke also have a re-
7
peal clause eliminating, I think it's about nin~ constit~-
8
tional--local constitutional amendments. And I might say i
9
that we have, one a one-on-one basis, talked with each
10 zCI
11 ..jo..:..
@;i ! 14 ~ '~" :r 15 ~ ":;) 16 .~.. Dz 17 ~
18
19
county involved and, as far as we ~now, we have been able to explain what we were doing and why we were doing it, to the satisfaction of whatever political entity was Involved here.
We've also prepared two bills which we propose to introduce simultaneously--one creating by statute the medical scholarship which, as ou know, we are removing from the Constitution itself. The other bill creates the Regents' University System to grant certain scholarships. As far as we can tell, they're the only two entities that
20
are involved in the granting of scholarships that we have
21
affected hy our actions.
22
I think Harvey Findley did a masterful job!n liaison
23
ing this thing for Frank's office. And, Harvey, I'd like
24
for you to make some observations that you think might he
25
of interest to the Committee.
PAGE 19
MR. FINDLEY:
I
i
2
Thank you, Mr. Chairman. You've covered most of the I
3
major points. The eff~ct of it is to eliminate a great
4
deal of language, particuarly on the educational assis-
-
5
tance programs from the Constitution. It was the Commit-
6
tee's feeling that those programs were really statutory in
7
nature. The medical scholarship provision is a good exam-
8
pIe because it goes on through several pages in the Con-
9
stitution and is strictly statutory. And that's removed
10
..,
..z
11 ~
.o.....
~ 12 ~
~r~ l 14 .~ .. :z: ..15 ..:., :;)
16 ~ 1M Q Z
17 :SEN.
from the constitution and language is substituted with very broad authority so that the Constitution will not inhibit educational assistance programs. Essentially the same approach was taken on retirement so that the Constitution will not inhibit public-supported retirement systems. but the retirement systems themselve~ will be controlled by statute as opposed to the Constitution. HOLLOWAY:
18
Touch on the Fulton County situation.
19 MR. FINDLEY:
20
For Fulton County. as the Chairman pointed outj there I
21
was an effort made to try to remove the necessity for
I
22
local constitutional amendment and there was thirteen
I
23
amendments altogether that were specifically repealed by I
I
24
it--twelve of them were strictly local and one was by pop-I
I
25
I ulation. And we did check with every governing body in-
.
----i
PAGE 20
"1
volved and we have letters in the file from mo~t of them
I
2
and SOme of them were telephone conversations as follow- I
3
up. And as far as we can determine. there's no problem i
I
4
with the repeal of these local amendments because the Con-
5
stitution will grant directly the authority provided by
6
7
8
9
10 \z:1
11 i=
e-:;'2.".. ! 14 ~ '" :I: 15 011 "'";:) 16 .~.. zIII 17 ~
those local constitutional amendments in the form of home I rule and kind of a broadened and expanded homE'_ rule has I
made those local constitutional amendments necessary.
I
count~ The problem in Fulton County--there's a Fulton
Teachers Retirement System or School Board Employees'
II
I
I Retirement System that's funded from county funds that is
I" unique in the State. There's no other situation like it.
While we have a few local retirement systems coverning
school people, none of thorn are funded from thA general
funds of the county. That was done pursuant to a local--
1939 local constitutional amendment. So t.o gran thorne
rule under that particular set of circumstances presented
18
a problem that we'd have to get a fairly lengthy provision
19
in Article VIII to deal with that. That's the reason for
20
it in there . But the net result is a much--a great deal
21
of constitutional langu~ge has been eliminaterl for what
22
will amount to a couple of pages that will deal with the
23
whole subject of both retirement and educational scholar-
24
ships. Everything will be controlled by statute.
25 SEN. HOLLOWAY:
2
3
4 5
6
7
8 9
10
"z
11 i=
@;;..'o".... 14 .l~.-. ~ :J: 15 .:. "'::"> 16 ~... 1:1 Z ~ 17 : 18
19
20
21 22 23 24
25
PAGE 21
i
Governor, I think we had just as well mention right I
here with the Committee. Our Committee had made their de-I
cision and I think it was a hundrod percen~. But we
II
,
looked at constitutional--se1f-enacting constitutional
I
am~ndment that was passed last year having to do with
62-years and older on a space-availabe basis bein~ accommo~
dated by the University System. We thought that was
I\
garbage insofar as the Constitution was concerned. It's I
I
a statutory matter or matter of--by law that should be
I left"to the Board of Regents. And that's the feeling of I
this Committee. whether we can politically stand that. I
I
don't know. But that was the hundred percent feeling of
my Committee that that sort of language for a specific.
special interest shouldn't be written in the Constitution
of Georgia. Because it just doesn't belong there. We
feel that the language in it should be protective for all
people and specific considerations for specific groups
should be done by statute. And that was the reasoning for
our consideration.
Now. I've already started getting lett~rs and whatnot
objecting to removing that from the Constitution. 13nt
whether we'll have to or not. I don't know. r,iy Commi ttee
I
considered it in-depth and felt that it was certainly--andl
!
what ~e have done. we have Ie ft that to the discretion--
I the
only
reason--the
reason
we
thoug~t
that was
because
I _ _ _ _- - J
PAGE 2/.
--------- --I
I
we've got special--we got folks in my office the other
!
2
day. All the college professors want their children to
3
go to school for nothing. Well, I want them to go to
4
school for nothing too but I think State ~mployees chil-
S
dren sh0uld go to school for Nothing, too, if theirs
6
should go. And you've got special interests coming at you!
7
one at a time. And if we're going to get into that ball-
8
park, it's never ending and I just--we just felt like tha
9
it was a consideration for the Board of RegentH. 'de felt
10
that they were subject to less political pressure than
members of the legislature. And that's the reason we put
it the re But it's something we'll be hearing more ahout.
GOVE RNOR BUSBEE:
Is there any further discussion on the Article or
either the proposed statutory changes?
REP. SHmV-:
I move its tentative adoption.
18 SEN. OVERBY:
19
I second it.
20 GOVERNOR BUSBEE:
21
It's been moved and it's been seconded. Is there any
22
discussion? This will be with the same understanding that
23
24 SEN. HOLLOWAY:
2S
al~ Let me--let me say this, Governor. I have--you
PAGE 23
--_.,
have this Article here that we enclosed with you. Now,
I
2
I'll be sending to you--this is a section by section docu-I
3
ment that will explain why every change was made in each !
4
section that it was made. And you'll be receiving this in
5
the immediate future and it's section by section as this
6
Article is, setting forth in detail what changes we made
7
and why we felt they were necessary.
8 GOVERNOR BUSBEE:
9
All right. So the motion's been made and it's been
10
Czl 11 ~
'..o"....
12 ~
9r! 14 >~ '<"C % 15 ~ Cl '~" 16 .~.. o Z <C 17 g!i
seconded. And it's with the undp.rstanding that any member of the Committee can request me as Chairman to call a meeting and I'll do so--for reconsideration. All right. All those in favor say aye. [A chorns of ayes.1 ;a. 11 right. All those opposed? [No response. J It's adopted unanimously.
I might say that we really shortened the Constitution with that.
18 JUSTICE NICHOLS:
19
I read that things, I told AI, just before I came
i
I
20 21
1~Ottb~._c1i over here so I could sort of be familiar with it. I
cluttered up reading'it when I first got it. ! nead
22
fore I came ovp.r here and I think they did a fine job.
I
I
23 GOVEn.NOR ntJSPEB:
I
24
~fl c 11, I think one of the best things, too, is that
I
I
25
when you have all the special interests that arc written i
---l
PAGE 24
into the Constitution, for them to meet with all these
2
groups and to deal with the retirement system, your scho-
3
l~rships--all these local constitutional amendments--and
4
to be able to explain what they were doing and to have no
5
more opposition than what we've had is a commendable job
6
that the Committees have done.
7 JUSTICE NICHOLS:
8
Just getting rid of all these local constitutional
9
amendments.
10 SEN. HOLLOWAY:
"z
11 j:
'o.."....
@;~
Yes. Well, we tackedl those on a one-on-one basis. got in touch with each political entity that was affect d and--
14 ~ ,JUSTICIE NICHOLS:
':"r
15 .:I
You got the approval from all the counties, I assume?
"'";:)
16 ~... SEN. HOLLOWAY: oz
17 :
tie II, I think there's one that we wrote--what--sever-
18
al weeks ago and haven't heard from. And other than that,
19
I think we've got the affirmative approval. But Richmond
20
County, I believe we haven't heard--
21 MR. FINDLEY:
22
No, sir. Not on the removal of the local constitu-
23
tional amennments. The Richmond County--the county at tor-
24
ney ria sed the question from the standpoint of substantiv8
25
J policy as it relates to home rule. But he did not object
PAGE 25
to the removal of the local constitutional amendments. I
2
think that he sees that the local constitutionaJ amend-
3
ments, if I understand situation, will not be necessary.
4
Indeed, some general amendments to the Constitution as
5
far as Richmond County's concerned have already made the,
6
largely, the local constitutional amendment for Richmond
7
County unnecessary. I don't think we have any problems
8
insofar as the repeal of the local constitutionnl amend-
9
ments are concerned after havin~ talked finally with him
10 Czl
11 ...
oa....r..:
@r~12 ~ SEN.
that the Committee's proposal is rule standpoint.
HOLLOi'il\ Y :
It's been some time ago and
acceptable we haven't
from a home heard from
14 ..~.... <0(
%
15 0)
":'>" 16 .~..
o
Z
<0(
17 :
him. But generally speaking, we--subject to criteria set by the legislature, control of pension systems are in the political entity, whether it he school board, county, ci ty that pays into the pension fund. So if in the Fulton
18
county situation, it switches over to the school board,
19
they can do it without the requirement for a constitution-
20
al amendment--local constitutional amendment.
21 GOV:r.RNOR BUSBEE:
22
If you'll turn, nO'N, to--tJentlHffi,-:n, on your tab A,
23
there are several tbinga on.the agenda. Starting off with
24
four about the discussion of the effective date of pro-
25
J posed Articles, Frank, do y'all have any comment on that?
PAGE 26
1
MR. EDWARDS:
2
I
We had discussed that, not in any particular, speCif-j
3
ie way. Just generally, we thought the Committee ought tOI
I
4
maybe discuss whether they wanted to make the Articles
5
effective, m~ybe, July 1, 1977, and give the legislaturo
I
6
a chance to operate or--I mean 1979--and give the legisla-i
7
ture a chance to pass acts after this becomes effective or
8
whether they wanted to bring it back $ooner and make the
9
acts effective at the same time or what? Just as general
10
discussion, we dn't have any specific--
"z
11
j:
o.."..'..
GOVERNOR
BUSBEE:
J2 ~
!:!
Ive 11 , we need to kind of outline procedurn and--
@ r i HR. HOLTON:
14 ..>....-
It would be imperative in our Articl~ II if they
%
15 .:.
make it July 1, 1979 and give them the session--
"~
:::>
III
16 ! COVE RNOR BUSBEE:
oz
17 :
If it's November of 1978 that these are adopted,
18
you'd have one more legislature. And then by making it
19
effective on July 1st, that would coincide with all legi5-
20
lation that does not have an earlier effective date. I
21
think July 1, 1979, would be the most propitious time to
22
have it.
23 r1P. r: DNARDS :
24
I think that if it suits you, we'll take another look
25
J at it and maybe Arthur's office can and I think as you __
PAGE 27
----~------,
Raid we're prohably going to have to have one more meet-
i
i
2
ing .t le t before the i.n. 'nd cDuld com. back
I
3
maybe and a~opt something specific.
4 GnV'R'H)R BUSBEE:
5
Well, what I would like to do and we could defer
6
that~-I mean, I think we've expressed ourselves. Rut
7
we've got to come up now with a Drafting Committee on the
8
!I
9 II
10
.. 11 .Cz..I ..0....
.12 .u.. t.z=.. u
@r '" 14 .>..'~:"z: .15 ,:) CI ...;:) 16 .z.. .0z ~ 17
two Articles that we have adopted and also the Drafting Committee will be in charge of the suhstantive le9i91ation--proposed legislation.
So, I think the next order of business would he the crpation of a Drafting Committee to make a draft and get hack to the full committee. We will have to m~et for approval of that .
And we also are going to have to hav0 this hefore g0tting to that--and the Drafting Committee will have to know this--will be on the number five--about amendments to
18
existing Articles proposed during the 1978 Session of the
19
General Assembly. Do you want to do what we did on--in
20
1975 on that;?
21
MR.. T~D\N7\Rns:
22
Well, if I might comment on that. That creates a
23
possihl ity for real problems. We had a raft of proposed
24
amen~msnts which were passed in the 1977 session. 'ivo haveJ
i
25
a raft of proposed amendments which are pending. And T'm i
______._.--l
PAGE 28
__._ _- .. ._~--_
. . ~_...
"'
sure we'll have another bigger raft that will be intro- II
2
ahOUr dueed this next session. So if we don't dn something
3
those individual amendments--those single amendments that'i
4
for example, would ammend the 1\rticle Arthur had or the
5
one that Al has, and let them pass, we're going to be righ
6
back in the same position we're trying to eli~inate. So
7
my--that would be my ~econd choice--to havo this commissio
8
incorporate those amendments. What we're trying to rio her,
9
I think, in this Select Committe is have thu Constitution
10
just like these two subcommittees have it--I maan, with
possible minor changes. But that's the way the Constitu-
tion's supposed to be. So if we let ten single amendments
be incorporated into these~ we'd be right back where w~
were be fore.
15 ~ r-m. BOLTON:
":':">
16
lD
Z...
Wouldn't help a thing.
0z
0(
17 :: MR. Em'1ARDS:
18
So I would make maybe two alternative suggestions.
19
One is that we--and this would take a lot of time--go in
20
and look at each one of these amendments--and thiG would
21
require the cooperation of certain of the presiding offi-
22
cers and all the committee chairman, for that matter, and
23
everybody else in the legislature--and say that, in the
24
event--letls say this was amendment to the ~lective Fran-
25
chise Article--puts some age limit or something on th~t.
PAGE 29 __~------l
Put in that particular amendment--say that "In the eVflnt II
2
the people ratify Revised Article TI, then this amendment I
3
shall not become effective," or "shall become void," some-I
4
thing along that line. Then that would--then you'd wind I
5
up with Article II exactly as it was hopefully made and I
I
6
passed by this Select Committee or certainly as changed
I
7
migh~ by the legislature. But, then the second alternative
8
be--and I'm not sure about this from a legal viewpoint.
9
This could create some problems. Put something in each
10
one of these Articles her~ to that effect. Th~t if these
"z
11 ~
.l'o".L.
two Articles are ratified, then any other amendments re-
~ 12 ~
lating to them will not become effective. Rut that, to
~F~
me, creates some legal problems that I don't know whether
14 ~ ~
it would be wise.
'-:"r
15 ~ GOVER,\fOR BUSBEF:
"'";:)
16 ~...
I think it's going to have to be coordinated with
o
Z
<l
17 :::
the House and the Senate as far as--
18 t-1R. EDWARDS:
19
And then, my third would be what Marty was talking
20
ahout--about the possibility of creating a commission. As
21
1 say, I would personally not favor that, to te-l you the
I
22
truth.
23 GOVSRN0R BUSBEE:
I
I
24
You would pc rsonally not favor doing wh a t we di d in
25
J 19767 Rut to take care of it in the legislature in the
._--
individual bills themselves. 1'; l? 2 SEN. HOLLOWAY:
PAGE )0
- ~ ~ - - ~ - - ~ - - - - - -
~---
-~ ~~l
i
!
3
Governor, one thing we consider~d--r've bp8n con-
1
!
4
inli
sidering is what committee to send t.hi.s thing to? JOI.'I}
1
i
S
II
the--you've got several"-Iligher Et1llcation for scholarhi;-,s;
6
you've got Retirement for the retirement and pension ~lans!
7
and you've got Judy for the law. And r think it might be
8
a good recommendation of this Committee to recommend to
9
the leadership of both houses that all of these bills be
10
"z
11 t-
oo..<.
WI
(~)":i
~/~ 14 ! t'" :I: 1S .) III 0< ::l 16 ~ WI III Z 17 :::
18
assigned to Judy Committees. And then you've got a cnntinuity of judgment of the same groups in cverlappins area Where if we get one in Pension; another one in Judy--it seems to me we could wind up with some problem areas there
I
And I say--I feAI that it's a germane suhj~ct--the Constitution of Georgia is germane to the Judiciary Committee
I
I
of any--and I think it's germane to the extent that it's i
I
i
reasonable that it go there and T would hope that all of I
I our Articles would go to the Judy Committee And be T!vi (~\vcdl
19
by that Committee.
I
I
20
Now, the Voter Franchise Article--r don't know. Do
21
you see the problem I'm talking about?
I
22 1'll<. BOLTOt\:
I
I
23
Yeah, I hadn't thought ahout that.
24 SEN. HOLLOt-TAY:
I
2S
I think the Judy Committee hasn't been consl.. d erl'.ng
II
___J
PAGE 31
most of our voter franchise legislation.
2 GOVERNOR BUSBEE:
3
I think we just have to talk with the Speaker and
4
the Lieutenant Governor and we'll--they're going to make
5
the assignment. I concur with what you say, though.
6 MR. EDWARDS:
7
8
9
10
"z
11 ... II< ...o 0..
@;j ! 14 ... '" l: 15 ~ "II< ::;) 16 o~z 17 ::'i
18
Governor, if I might say one more thing and then I'll
he quiet on that point. Al says we might have a--maybe a
political problem taking out that Aixty-two year old deal
in the Board of Regents. You're going to have a lot of
I single amendments that people are--possibly that legisla-
tors are possibly gung-ho to have.
II
They might say J "\~ell,
I don't want my amendment cut out," and that sort of
thing. So I think that's going to have to be considered .
But I think if we're going to do this--what we're trying
to do will provide for each Article and we'll just have to
bite the bullet and do it. Because otherwise, what we're
doing won't mean a thing.
19 GOVERNOR BUSl1FE:
20
So what you're saying 1s you personally will appear
21
before both the House and the Senate Committees that con-
22
sider this and express yourself.
23 MR. EDvlARDS:
24
I'm going to writA ~ letter and Prntice is going to
25
.__p_._r_i_"_t_l__t _f_o__r _m_e_.
J
PAGE J2 r r - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~--~~--~.-------'~'----
MR. TIDI'lELL:
2
Frank, what do you feel about a two-pronged approach?
3
As a policy matter, trying to do your first choiGe, real-
4
izing that the General Assembly will cave in occasion-
5
ally ann specially have tha.t commission to back l1JJ and
6
incorporate those that you're not able to successfully
7
kill?
8 MR. EDW-lARDS:
9
Well--
10 MR. TIDWELL:
"z
11 j:
'o.."....
f.~~r ~ ." , ~ 0:;::;1
12
ca. . _
~~ M"
! 14 ... '" :J:
15 ~ MR. ~
:l
16 .~..
oz 17 :
Or does that destroy the effectiveness of trying to kill it)'
EDWARDS:
I would sort of think--think that I don't know.
TIDWELl, :
I do~'t think we're goihg,to haqe as man~ problems with these two Articles as we are the future Articles that
18
come that attract so many ~mendments. There are not that
19
many amendments probably that would go to these two Arti-
20
cles.
21 MR. E>DI'lARDS:
22
Well, I agree. This might not be any problem at all.
23
But I thought we might as well face it now.
24 MR. TIm.TELL:
25
When you get into the revenue one, you' .re reall:__ ~__~
PAGE 33
going to have a--you' re going to have --a-::-d-g-ep-O-d-9-:-~~:-r-~~-l
2 MR. EDWARDS:
I
3
And then, in addition, in AI's Article, Harvey has !
4
gone through ahd amended several other Articles. So we
5
not only have to watch out for amendments to these two
6
Articles but for those that Harvey has had to amend in
7
other Articles too. We've got to watch out for all of
8
them. It's quite a job.
9 GOVERNOR BUSBEE:'
10
"z
11 ...
..'o"....
~ 12 ~
~Fi ! 14 ...... :I: 15 01) "'":::l 16 .~.. zI:) 17 ::i
We'll monitor this and I'll say this. I would ask any Chairman--I'm sure they'll do this in the House and the Sante--that the Chairman, if they are considering making changes, I think it should behoove them to contact the Select Committee and ask us--at least be heard from on that.
You had some other things on the agenda here about possibly amending the law that creates the Select Commit-
18
tee--the resolution. Who wants to discuss those points?
19
I don't even know who put them on the agenda.
20 MR. EDWARDS:
21
Well, I can if you like.
22 GOVERNOR BUSBEE:
23
All right. YOu go right ahead.
problJ 24 !'1R. EDI--TARDS:
25
We had a--as you know, a-few little technical
i
PAGE 34
with--well, that's on the second point. The first point
2
is that when this Select Committee was originally created
3
and providing for a study committee was in the same reso-
4
1 uti 0 n . At' th e time, let me say be tw e e n 0 u r 0 f f ice and
5
Bill Harper, when he was here, and Charlie was in on this
6
when he was up there, we didn't contemplate at that time
7
that members of the Select Committee would serve on the
8
Study Committee, particularly in view of the fact that we
9
had anticipated that the Select Committee would spend more
10
time reviewing and studying what these study committees
put out. And so we've had--we've been thinking about that
and on--I've had some second thoughts about it, that it
might not be a bad idea if at least one member of the
Select Committee serve on the study committees to have
some real good liasion between this Committee and the
Study Committee. And in fact, the more I've thought about
it--and what I'm saying here is just my personal view-
18
point. This is something for the Committee to handle.
19 GOVERNOR BUSBEE:
20
Well, it would be like looking at the Constitution
21
and some things that should be statutory. Actually the
22
Articles Committees can be anyone that the Select Commit-
23
tee designates and so maybe that should be just left up
24
to the Select Committee as to who they want to serve on
I
25
the Articles Committees without putting it in the statute.J\
PAGE 35
.,.-----------------------------------l
Using the same principle that you use on the constitution I
2
and the statutes.
3 MR. EDWARDS:
4
Yes. It could be that way. But in any event, we
5
have--what I had prepared here was a little--just a rough
6
draft amendment for y'all to do some thinking about. And
7
here again, this is something we can decide at the next
8
9
10
11
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or:
~@r12
."0o.r".: .~..
.jz.:.
U
'"
14 .>..-
'~"
%
15 .:.
CI
'"::I
16 :zID;
z
~
17 tit ID
18
19
20
21
22
23
24
25
lL-
meeting as to how you want to handle that particular
situation. In this, I present the committees which were
appointed prior to July 1, 1977, which would take care of
the Judiciary Committee already because they had four mem-
bers of this committee on that. The reason at first we
didn't anticipate that any members of this Committee was
because in effect they would sort of be reviewing their
own work You have a whole flock of members of this 8el-
I
ect Committee on a study committee. Then we bring it up tl this Committee to review and they'd in effect sort of be
reviewing their own work. But as I say, I've come around I
to the .view that there certainly ought to be one member of
this Committee on each study committee just as liaison and
might ought to be the chairman of the study committee.
I
That could be either way.
I
The only other point I had on the thing was we had
I
!
some confusion about the pay of members of this Select
I
Committee and those of the Select Committee who were on thei ---.-J
PAGE 36
study committees. So one part of this thing tried to take
2
care of that and--I believe, Marty, did you put a copy of
3
this rough draft in the back of this thing?
4 MR. HODGKINS:
5
Yes, sir.
6 MR. EDWARDS:
7
If y'all want to look at that later on. That again
8
is something that needs studying. And my recollection is
9
the only member of this Select Committee that would be
10
changed would be Marcus. But you'd still be reimbursed
.."z
11 ~
.o.....
@;I
for your expenses even on the study committee just as you are on the Select Committee so I don't think it'd be any-particularly big deal. But it sort of straightens out
! 14 ...
that confusion .
'~"
%
.15 ~ GOVERNOR BUSBEE:
":::>
16 .~..
Well, we're going to have to have another meeting
oz
~
17 :
anyway.
18 JUDGE CA~HOUN:
19
I agree with the Governor. I think the membership of
20
the study committees ought to be left up to the Select
21
Committee and ought not to be locked into the statute. No
22
use in tying hands when we might want to change our minds I
r
23
again.
~ GOVERNOR BUSBEE:
25
This next meeting is going to be quite difficult
___.J
PA""GE 37
I s th~-;:-----l
to schedule between now and the legislature.
I
2
anything--
I
3 SEN. HOLLOWAY:
I
4
contact~ Do you need another meeting unless you have a
I
5 GOVERNOR BUSBEE:
i
6
I We will--the only thing we'll need is in the event--
!
7
now, if we need to change this resolution that created
I
8
us, we'll have to have another meeting unless I can mail
9
something out to you. You have yet to name a Drafting
10
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11 a:
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~~r12
a:
.u..
t.z=..
u
'"
.14 >-
':"s:
15 .:I
..Ca:J
::>
16 z
0z 17 a:
ell
Committee and you're going to have to review the draft. Do you want--it's going to be extremely difficult to schedule. Now, would there be any objection as far as the drafting of these proposed resolutions and the statutes to let's go on and appoint at this time a Drafting commit-!
i
tee and mail each member of the Select Committee the draftt and if you don't have any ques--if no member asks for a meeting, then it's adopted.
18 REP. SNOW:
19
So move.
20 JUDGE SMITH:
21
Second.
22 GOVE RNOR BUSBEE:
23
Okay. So the motion is and the second, that we ap-
24
point at this time a Drafting Committee and the drafts
25
will be mailed out to each member of the Select Committee.
-~
PAGE 38 -----1
If no member of the Select Committee asks for a meeting i
2
or disapproves--or asks for a meeting, then the draft, as
I
3
drafted by the Drafting Committee, will be submitted to I
I
4
the General Assembly. All right. Is there any diSCUSSiO~
5
on that? If not, all those in favor say aye. (A chorus I
6
of ayes.] All opposed? (No response.] It's adopted.
I
7
Now, on the Drafting Committee, to appoint--why don" I
8
--I'll just suggest this; it might be out of order. Let'sl
9
just have, say, Legislative Counsel, my Counsel and the
10
Attorney General--someone--he or his designee, the three,
"z
11 ...
to be the Drafting Committee.
@;;I..ol..l..: Mr. Tidwell and Mr. Bolton.] JUSTICE NICHOLS:
(Indicating Mr.
Edwards,
! 14 ...
Do you make that as a motion or you--
'~"
:It
15 01) GOVERNOR BUSBEE:
"'~"
16 ~...
No, I can't make a motion
Q
Z
~
17 : JUSTICE NICHOLS:
18
I'll make it a motion.
19 SEN. HOLLOWAY:
20
I second it.
21 GOVE RNOR BUSBEE:
22
All right. The motion is made and it's seconded.
23
Any discussion on that? If not, all those in favor say
24
aye. (A chorus of ayes.] All opposed? (No response.]
25
It's approved.
PAGE 39
SEN. HOLLOWAY:
2
How is the--do you propose to introduce the legisla-
3
tion? As Administration legislation or just let it--
4 GOVERNOR BUSBEE:
5
well, now, the next question is, should it be intro-
6
duced in the House or in the Senate? I think it would be
7
well to discuss that right now. The budget's going to be
8
9
10 .
~
zCJ
11 o~r: SEN.
o "-
1M
12 ~
~r~
14
~ .~ x..
15 .)
CorJ:
::;)
16 ~ z~
17 : REP.
coming off first thing--on the supplemental budget. Why
I
couldn't you go and take this up immediately in the Sen-
l'
ate?
I
HOLLOWAY:
I
I
I'd like to with the concurrence of the House. Y'alll
I are going to be tied up on the Budget to start off with.
I'd like to go on and introduce it in the Senate and sort
of kick it on out. as far as my bill--my Article's con-
cerned.
SNOW:
18
If you're going to have it in the Judiciary, we could
19
take the other Article and--
20 GOVERNOR BUSBEE:
21
Let's do this. Let's take with the Speaker and the
22
Lieutenant Governor and then get back together on proce-
23
dure. Now, I know that you're going to start with yours I
i
24
over there. It might be that we could start with this onel
25
in the House.
I I
I
----_-!
PAGE 40
REP. SNOW:
2
I would like to see both of them brought up immedi-
3
ately and get them passed.
4 GOVERNOR BUSBEE:
5
I think they ought to be brought up at the same
6
time.
7 SEN. HOLLOWAY:
8
Well, we could start one in bne house and one in the
9
other.
10 GOVERNOR BUSBEE:
l-'
.. 11
Z j:
All right Is there any other business?
o......
@;I MR. TIDWELL: What about number five?
Was that resolved?
It
14 !......
wasn't in my mind but--
~
:I:
15 olI GOVERNOR BUSBEE:
"a:
:;)
16 .~..
Frank was saying--what he was speaking about is like
D
Z
0(
17 :
we had in the 1976 to resolve the conflict. But what
18
we're saying is we're going to monitor all the amendments
19
that are offered during the session and work with the
20
leadership in trying to have language put into those bills
21
that would be self-destruct upon the passage of these Arti
22
cles. And that's the reason I think it's essential that
23
we go on and pass these Articles early in the Session.
24
Okay. Any other business? If not, we stand adjourned.
I
25
I [Whereupon, the above-entitled proceedings were adjourned
---.-J
PAGE 41
at 3:50 o'clock, p.m.]
2
C E R T I F I CAT E
3
I hereby certify, as the court reporter, that the
4 statements that appear in the proceedings were taken steno-
5 graphically by me, and thereafter reduced to typewriting by me, 6 and that this transcript is a true and accurate record to the 7 best of my ability.
8
9
10
"z
11 i=
Io..I..<..
~ 12 ~
~F~ ! 14 ...... :I: 15 .:> "II< ~ 16 .~.. III Z 17 :
DARLENE F. AKINS, CCR
Notary Public, GllOrgia, State lit L~lI8 My Commi.,ion Expires Aug. 3, 1980
18
19
20
21
22
23
24
25
LL
i
I I
I ...........J
INDEX
Committee Meetings Held on Constitutional Revision Select Committee Meeting Held on Nov. 29, 1977
SELECT COMMITTEE MEETING, 11-29-77
Proceedings. p. 2 Article Committee Reports
ARTICLE II: VOTING AND ELECTIONS. pp. 2-11
ARTICLE III: LEGISLATIVE BRANCH. pp. 17-25 (Retirement Systems)
ARTICLE VI: JUDICIARY. pp. 13-17
ARTICLE VIII: EDUCATION. pp. 17-25 (Educational Assistance Program)
Appointment of drafting committee. pp. 37-38
STATE OF GEORGIA
..-
Proceedings of the meeting of the Select Committee on Constitutional Revision, held on January 4, 1918, at 4:00 o'clock, p.m., in the Office of the Governor at the State Capitol, Atlanta, Georgia, and presided over by Governor Busbee.
BRANDENBURG & HASTY
SCIENTIFIC REPORTING 3715 COLONIAL TRAIL, DOUGLASVILLE, GEORGIA 30135
942-0482 DEPOSITIONS - ARBITRATIONS - COf\;VENllONS - CONFERENCE:'
II
Ii
Ii
2 II GOVERNOR BUSBEE:
PRO C E E DIN G S
l'ACE 2
3 II
The meeting will come to order. First will be the
4 1,1
adoption of the minutes of the meeting of November 29th.
1;
i'
5 ii
I,I'
You had the minutes mailed to you. I'll entertain a mo-
. !I
6 I;i'
tion on the minutes.
7 MR. BOLTON:
8
Move they be adopted.
SEN. HOLLOWAY:
10
Second.
11 ~ GOVERNOR BUSBEE I
",.,
Motion made and seconded.
Any discussion?
If not,
14 ~
;:
1,,''
J ~ ~ ~'1
Li
all those in favor say aye. (A chorus of ayes.' All opposed? (NO response.] It's unanimously approved.
Next, I'd like to calIon Frank Edwards for a brief discussion on the effective date of the proposed Articles. Frank?
MR. EDWARDS:
19
One thing we decided, that the Elective Franchise
20
Artiole could be made effective July 1979. And the time
21
on the Eduoation and Scholarships Article would become
12
effective January 1st. And the reasoning on that is,
23
otherwise we would have to put an effective date Article
24
on each one of the provisions contained in that particular:
I
2:'>
proP~s~~_~_,_~_n_,=-~~~~~_~,':'.st be--what, H_~rv.~-,_about~i9ht_J
2r. o -1 PAGE 3 ::a::~~-:; th~m~~~~~;h~-:-r ten ~ .~:: ~~:o:. ~h ~n;-;:::
'II MR. FINDLEY,
I
4i
Yes, sir.
I
'I
5
It
II
MR.
EDWARDS:
o !i
I:
7 Ii I!
iva
:1,
r: :i GOVERNOR !I
II
Y II
And I felt there was no need to postpone date of that particular Article. BUSBEE I
Now, wait a minute. You said January 1:,
the effect-
19791
10 MR. EDWARDS:
I j ,. 0<
On the Retirement and Scholarships Article.
o
Q.
0:'.1oA
-l GOVERNOR BUSBEE:
".
Yes, Al?
14 i: SEN. HOLLOWAY:
VI
::L
I', c,
I don't see any other heading to bring it up under,
("
,,:
i ;) :,:">., 'v
but what has concerned me is, what happens to a constitu-
L
I
'!
!
J".L
tional amendment that's introduced affecting one of these'
18
Articles? And looking at redoing the Constitution Article l
19
by Article, I think we kind of overlooked that on the
20
basis, haven't we?
"~i GOVERNOR BUSBEE:
22
I thought we discussed this at the last meeting.
21 MR. TIDWELL:
We've got a discussion on the agenda.
GOVERNOR BUSBEE:
.---._--._._------_. ----_._-------_._- ._-----------
_.
J
- - - -------~ - - - - - - - _ .__._---
PAGE 4
We have a discussion on the agenda today for i t also.
SEN. HOLLOWAY:
Oh, we do. I didn't see it. Thank you.
GOVERNOR BUSBEE:
Now, Frank, what you're saying on the Retirement and
scholarships that we'd start that on the effective date
7
of January I, 1979. And then on the other Article. it
would be July of 1979--July 1st. All right, now. Is
10
I! C
0:
o
o.
'0":
there any--I think it would be necessary to have a motion on the Select Committee on that. Was that ever--that's never been finally adopted, was it; I don't think so, Marty?
HODGKINS:
(Indicating negative response.'
.~ SEN. HOLLOWAY:
'"':::J ]1' ~
a
Z
So moved.
<l
17
'"
OJ
JUSTICE
HILL:
iH .
Ii
Second.
II
II .19 GOVERNOR BUSBEE:
20 I'
It's been moved, then, and seconded. Is there any
II
21 :1
discussion on those effective dates? All right. That
22 II
II
would be the--January 1st for the Retirement and Educa-
tional Scholarships. Yours will be July 1, 1979 (indi-
24 ;
II
25 IL_
eating Mr. Bolton].
pf ayes.)
PAGE 5
-----,- -- --------------------. ----- -- ------------------- - ---------------1
All opposed? [No response.) All right.
Ii
I
2
Marty, do you want to, at this time, give us your recom-
I
3
mendations as to Articles to revise in 1978 and beyond?
4 MR. HODGKINSI
5
Yes, sir. We had--Frank Edwards and Charlie Tidwell
6
and I had talked and it seemed that, possibly, the best
7
schedule to do would be tb--actually to crank up all com-
8
mittees under the remaining Articles to start their rev1-
sion next year. Under that what we had hoped would be
10
~~
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Articles III, the Legislative Branch,. Artio~e IV, cons~itut
I
tional Boards and Commissions and Article V, the Executive
Branch, possibly would come up with recommendations for the 1979 General Assembly. And then on the other Articles they deal with the Taxation, Education, Counties and Municlpa1 Corporations and the other three miscellaneous Artieles, that work could at least begin on them sometime next Summer and a lot of them would have to have a lot of prep-
aratory work that's pretty difficult to to in one summer.
At least get them started next year and perhaps they could
report at the 1980 or 1981 General Assembly. 21 GOVERNOR BUSBEE:
You're saying Article III was Education?
i
,,~ Ii
L.) Ii MR. HODGKINS:
I
:!
I
24 :1
I
Yes, sir. Oh, no, that was Legislative Branch.
i
Ii
25 IL~OVERNOR BUSBEE:
I
__________.
.
J
-----------------------..---.-,--- ..-----~
PAGE 6
-------.--.,.--------.~-~--
. ----.-~----------
. --.---.-~--------_.--
.----'1
Oh, I'm sorry. That's Article VIII. Article III is I
Legislative?
i
I
MR. HODGKINS:
I
I
Yes, sir.
GOVERNOR BUSBEE:
And what other ones? 7 MR. HODGKINS:
Article IV, the Constitutional Boards and Commissions!
!
and Article V, the Executive Branch. And of course a con-i
10
tinuation of Article VI.
1 l ;~; GOVERNOR BUSBEE:
'.'L,
12 "~~'
\/~~~)/yr~~
And then we continue working on Article VI, Judiciary?
'--_Y
14
>~;
MR.
HODGKINS:
,~
1:
;,
16 11~
"z
<1;
17 ~
Yes, sir. Hopefully, we have proposals ready for the
1979 session of the General Assembly. And all the remain-:
I
ing Articles we could--at least get started on and have a
liS
reporting date of 1980 or 1981.
19
SEN. HOLLOWAY:
20
In 1979, you can't vote on a constitutional Article,
21
can you?
MR. HODGKINS:
No, sir.
I SEN.
PAGE 7
Actually that would have some effect on your spacing?
GOVERNOR BUSBEE:
No, what he's talking about is taking the Legisla-
tive and Constitutional Boards, the Executive Branch and
the Judicial--all in this two-year period--is what it
9
amounts to and trying to complete the work in one year on
this and add some more. Is that what you're talking about
Marty?
(. (t~Vr~ 'r~l\ ~ 12 ~ MR. HODGKINS: Yes, sir.
So that hopefully in 1980 we'd have at
14 .>..-. l~
least four to vote on, if not more
:t:
j,
,j
co
GOVERNOR
BUSBEE:
:":"J
1() .~
w
Let me ask you, Is--1 don't anticipate that we're
Q
1: 0:
] /' ~
going to be doing too much during the legislative session
Hs !;
Ii
that we're in now. 00 you want to adopt--does the Select
19 Ii II
Committee want to go on and choose what we will be working
20 II:i
on; let the staff be doing some work while we're here or--
I1:1
21 !I MR. HODGKINS:
n Ii
Yes, sir, that's--
23 GOVERNOR BUSBEE:
24
I
il:1
2')
lL _
--at least we could start on some of them and maybe
I
I
add son:e mor0 to them. But what's the feeling of the
- - - _ .. .. ... _ - - , - ~ - - _~-_.,
J
Committee?
PAGE 8
--~ -- - ------------------------ --- ---------_._-------- ------------------------,
I don't think you can start too early, at least to
authorize it.
GOVERNOR BUSBEE,
Well, I'm thinking about staff-wise and so forth, we I
7
need to know what we're going to do.
MR. TIDWELL:
:;
The original schedule was proposed that this project
10
would be completed in 1982. So you have to get on about
J ] 1-
"-
the work of working on these other Articles immediately.
And when we say 1979, really, it's probably going to take
two years. Actually it will be submitted in 1980--those
four Articles. And then that only leaves another two
-,
lh ~
oI~
;-;,
1', .x ~ / .:1
18 19 20 21
)}
23 .'4
years to complete the whole project. So the staff felt
like that you should authorize the creation of these com-
mittees and get them cranked up. Because some of them
are going to take a full four years. And these others
are probably going to take a full two years. You saw
what we got into in the Judicial Article, that it was
right complex. And these--the schedule proposed there is
,
really basically state government. That would be the Leg-i
islativ., Judicial and Executive Branch and the Boards.
I
i
And that's your basic strueture of government there and
I
!
i
that would be a handful to get that done in two years.
j'
.. ... ~----~~~--_
,._--~---------------
PAGE 9
rr------ --- ----
---- ----------- ------------------------ --
"---,
II
I
But if we don't start, we're not going to make it. You'rel
) II
not going to meet your time schedule.
I
3 IIii GOVERNOR BUSBEE t
Ii
4 !i
Any member desire to comment on the--the staff has
1:
5
II
Ii
proposed that we start on Ill, IV, V and VI. We could addl
Ii
6 ii
to that at the end of the session. What's the feeling? i
Ii
I
'I
7 II REP. SNOW:
i
II
8 il
I concur in that.
it
I
lj
!i
Ii
MR.
BOLTON:
I
!
10
Suits me.
!
JUDGE CALHOUN:
I move we authorize them to do so.
GOVERNOR BUSBEE:
All right. The motion is that--is there a second?
1., ~.), MR. BOLTON:
:~
lb "z",,
;)
I second it.
z:
'~"" GOVERNOR BUSBEE:
J (;
Motion made and seconded that the Select Committee
19
has chosen Articles III, IV, V and to continue on Article
20
VI. Is there any discussion? If not, all those in favor
21
say aye. [A chorus of ayes.] All opposed? [No reponse.]
J)
Adopted.
All right. Charlie, do you want to bring up the--
24
what we were talking about a while
limit the amendments to Articles?
PAGE 10
MR. T:::~~.'~ir'-~~.-la~~~.~~in~..~.r~waa-~th.-- ---I
2
3
Select Committee tried to adopt policy on how to deal withl
i
4
the problem of handling concurrent amendments that were
5
being adopted by the General Assembly to the various
Articles as they 90 through the revision process. And
7
the rather loose policy that was adopted that the best
thing is that we just would have no amendments. That
kind of was the sum and substance of that recommendation
10
--that we would discourage the General Assembly from pro-
~
12 '"
.... (~~~~~ ~ "~ I1: '" ~ , - -.. 14 >. <>r. 15 '.:~ co rL :;) 16 zI':CI 0"' z < L ''""
18 II
III"
19
II
,I
II
20 I
21
22
, ,,
21
25
posing and passinq independent amendments to the Articles
that were then going to be reviewed during that two-year
period.
We--the Drafting Committee got back together and,
in conjunction with your staff--and we felt like that that
--while that was an effective way to do it, it did not
take into consideration that the Select Committee really
doesn't control that process. That is, while there are
legislative leaders on the Select Committee, the Select
Committee cannot really enforce that policy. So we have
--have come up with a recommendation for a--including that
as part of the policy, hut an attempt to try and handle i
'I
all conceivable situations that we might run into in the I,
future. Now, what that policy consists of is a very strong
I
J
r-~------------------------------_-
PAGE 11 _ - - - - - - - , ._~_-----------_..
i
policy position by the Select Committee that there be no
2I
amendments adopted to the Articles, realizing that if we
II,I
3 II
don't control that, that if an amendment--that there are
4 Ii
5 IIIiI
amendments proposed and under consideration that a selfdestrlct provision be added to each of those amendments
6 IIIII'I
that would say in the event that Article V were to be
7 II
ratified at the same election as this proposed amendment
I,
8 I,
Ii
to Article V was ratified, that then that independent
II
ii
9 !i
II
amendment would be null and void.
10
There, again, that will not completely handle the
situation. Because at this very General Election, we're
going to have an amendment to Article II that does not fit
into the Elective Franchise structure. So the third
policy position would be--is that those--where there are
15 '~
C,
~',
.::..,
1() ,;I:: L ~,
"L
17
a' I en
independent amendments that have been paBsed, that there
be an attempt to repeal. The one we're talking about here!
I
would be the recall provision. But if that were not a
I
I
ib Ii
i
viable alternative, politically--the General Assembly
Ii
19
I!
'I
II
I
could not be convinced that that was the thing to do, thenl
20 II
II
a--a fourth policy position would be--is where possible
21 II
II
I
that existing amendment would be moved to another Article.i
22 'I
I
I'I
23 I,!'
Ii
As an illustration of what we're talking about there I
emend~ on the reoell provision. rether then heving it .s en
24 'I
L25
i ment to Artiole II, it is jnet es germene to Artiole ,~' the Bill of Rights, and we would simply amend it--the
.. --~._.-
_~---
[1-----
!I
II
2 !I I
i
3I
II 4 I,
PAGE 12
existing amendment--move it over into Article I. The last p08sibility--policy recommendation would be
that we do recreate that special commission that we had-that was created in the 1976 Constitution to incorporate
sI I
into the new document any amendments con--that were rati-
I
6 Ii I,
fied concurrently. And this of course is a recognition of
II
7 III,
the failure of all the other positions that go in front of
I!
,I
8
II
I'I
I
that. But we probably will have 80me even if all of these'
9
--if the policy is adopted by the Select Committee to have
10
" t 1
~ e
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12 '"
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Ii 19 II
20 II
II
21 II
II 22 I,I'
';3 II
!I 24 II
Ii
II
2S lLI! ______
a very forceful and rigid campaign to not have amendments, that sOlie are going to be 'introduced; some are going to be passed; eome are not going to be repealed; 80me are not going to have a self-destruct feature added to it. And to deal effectively with that situation, the only thing that we know that we could come up with is a special commission that could then incorporate that amendment into the Article. And the final thing is that we solicit the help of the Speaker and the Lieutenant Governor and the legislative leadership to enforce this policy very rigidly --to seek their assistance through whatever means are available to them to acquaint the members of the General Assembly with this policy and to seek their cooperation in enforcing it. And there is the package that the staff recommends to deal with this subject.
If anybody has any questions about it, we'd be glad t
1 I attempt t o answer them. 1-~----'~~~---~~--------
- - ~ - - - - _ . _ ~---~
PAGE 13
Ii2 GOVERNOR BUS BEE r
:1
II
3 II
Let me ask you this. The first thing you said would
I,
II
4 III'
be to ask that we not have any amendments to be intro-
5 il
duced. The last you ended up by saying we'd have to seek
6 II
cooperation of the Lieutenant Governor, Speaker, Chairmen
II
7 jj
II
of the Committees, wherever these things would be referred
!i
8 :1
And if we have a self-destruct p'jivison placed, that we
I.
') III
would have to do this ourselves--but we would have a self-
!O
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j I [~
~:
oo.,. j 2 :~
(1~~'0~')f}r~\'~~. ~~:
destruct section placed in any proposed smendment. And the one thing that I have a question on is about the special commission.
Now, that's what we had before when we had the con-
14 ."
~
<f
stitutional revision. We would have to do that in the
)S ..,,>
constitutional amendment itself?
,1
iL
16
:.''1" 3
MR.
oz
'rIDWELL:
<'
17 ;,
That'. right. We recommend a separate arnendrnent--
Ii 18 GOVERNOR BUSBEE:
I: Ii
19 Ii
So really aren't what we I re talking about on this,
,I
Ii
20 Ii
Charlie, is for you and Frank and loiarty and all of us--
2J
11,'1'
I,
II 22 1'I
we'll flag these things; we'll talk to the Speaker; we've got the Lieutenant Governor here now. And then, when
23 IIi'I
somebody introduces it, then I think we can take it up at
I'
24 IIII
that point?
I'I
::5 I MR. TIDWELL:
L
__ ~.-~._.
~
~_~~
._.
.
II ------------- ---------------- - - - - ------ -------- ---------------
PAGE 14
Right.
2 SEN. HOLLOWAY'
3
Whole g01ng to have the responsibility for bird-dog-
4
ging theee things?
5 MR. TIDWELL:
()
I think your staff would have to do that, Senator.
7 GOVERNOR BUSBEE:
8
Right. The staff will do that. We oan call a meet-
<)
ing if we have some more--when this comes up, but is
there anything we need to adopt at this time?
TIDWELL:
I think that the staff felt strongly that this should
be the policy--the very strong policy of the Select Com-
15 'J
"a:
:>
a 16 '-;".
z
-
17
0:
co
11-\
19
20
21
23
mittee on this subject. And that that would then lend
I
weight to try and--the most effective way of course is not!
to have any amendments. Then you don't have any problems.
We checked with some other states that have gone through
this process and that's-the only one that we could really
find that was that close was South Carolina. And they i
did--the Chairman of the Judiciary Committe. in the House, II
all constitutional amendment were referred to his commit- I
I I
tee and he simply wouldn't let them out. And that was
very effective but I don't think--we cannot oontrol it
that way.
25
GOVERNOR BUSBEE:
[r----------- ------------------------------------------------------PAGE 15 --.-._-~,
I
II
We can di8courage that--amendment of these sections
i
.2 Ii!
But I don't think that even the presiding officers could
ii
II
.< II
go that far on the rules.
4
II
I'! MR.
TIDWELL:
5 II !I
No, sir, I think that--we recognize that this is not
!i
6! I:
the p08utre that we're in here--that the Select Committee
Iii
7 ii
Ii
can't control it.
I'
g
I GOVERNOR BUSBEE:
Just for purposes of discussion and going on, I think
JO
,i-
we all recognize the problem if these were to be amended
~,:) I I 1__
and s separate amendment placed separate on the ballot, if
we did not have a special comssion--so what we're saying
1s we're going to try and keep any amendment from being
, j 'i ;>--
made to these two Articles. If one is made, we'll have a
1c
'..~
;-",
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1:
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.1 '~
self-dstruct section added to it--a recall amendment. The~ we also will--in the event that we fail in all of this and they do pass a separate and independent amendment to any of these Articles, we will at that time try and put a
I9
special co.mission similar to what we had before in. So
20
that's about the status of it?
21 MR. TIDWELL:
.
That's right.
GOVERNOR BUSBEE:
I
All right. Is that the policy of the committee_? Any:
25
objection to us pursu--the staff pursuing this? All right
PAGE 16
~. ---... -~~. -no:~ tha ;- is -:~~-;o-;~'~;:'~~-~-~-~--:-~-:~~::~~-;;~~:~~d~.
ilI,II
!I
2 MR. EDWARDS:
Ii
3 Ii
Mr. Chairman I would I add something?
I
;
4 GOVERNOR BUSBEE;
5
All right.
6 MR. EDWARDS:
7
Nhat's the feeling of the Select Committee on the
8
recall amendment which has already passed this last
session? Has anybody got any--
lU GOVERNOR BUSBEE:
Ii, 0: o...
What is that?
'~'"" MR. EDWARDS:
~
I don't--I vetoed one.
This is a constitutional amendment authorizing the
.>..-. ':l
1:.
IS.,
r..:;
6'::">
16
o
<.: <l
17 ~SEN.
General Assembly to pass a law and recall. what the foe ling of the Committee is about this list of things?
HOLLOWAY:
I just wonder i just going down
18 II
Let's recall that recall thing.
Ii 1C) GOVERNOR BUSBEE:
II
20 II
Ii
I vetoed the statute on the thing.
21 IIIi Ma. EDWARDS:
ii
22 ',i,
II
I'm just c~Irioue because that--we're faced with that I'
23 II !,
one right now.
i
I
~+ iI MR. TIDWELL:
I
i.1
25 I"i
il. _
I
If the Select Committee were to--and they have--adoptt d
... _ - - - _. . ---~-----------_._------~.-.--~_._---~-_
PAGE 17
---~h~S ---
----------------~
policy, then you would sponsor a resolution to repeall
2 ,I
that recall provision. And--
II 3 SEN. HOLLOWAY:
4 !i
Hamilton just made a good suggestioft to amend the--
could we amend that bill to put the destruct clause in it.
Surely that ought to sail through the legislature, all
right.
GOVERNOR BUSBEE;
That would be a good way to bring this thing up and
10
l?
Z
1J
l-
CoY
MR.
o.
J2 ''""
(~~'j9Y)li)dr'!'!'~
l'
~
~
I think it's an excellent suggestion.
BOLTON:
Can you reach out and get a con--proposed tional amendment and bring it baok?
constitu-
"" - . '/"
14 >-
.>"- MR. TIDWELL:
'l
1S .~
Cl
Yes, sir.
I:"::
::>
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~
a
GOVERNOR
BUSBEE:
l
Well, what Ham i8 talking about is just for us to
,
I
I
cause an amendment to be made to put a self-destruct
=i
19 I.I,Ii
I
clause in there in the event that we pass our Article that.1
20 1'1'
the Select Committ.ee proposes.
I
II'I
21 SEN. HOLLOWAY:
Ii
22 IIII
I
Do you deal with this in your Article, Arthur?
23 II'.,i MR. BOLTON:
I
I'
24 Ii
.
II
No.
II 25 lL GOVERNOR BUSBEE: _
-~
0---------------------- --
.... ,. --.--------.- ..-.,_..-PA-G_E .1-8------l
Ii
No.
I
2 I SEN. HOLLOWAY:
I
3
Well, the thought came to me a while ago--what has I
4
worked sometimes is to--well, of course, this bill has
5
already passed. You could amend it and put it in Article
6
XIII which is Miscellaneous and deal with it last. Let
7
that be your last Article. A lot of this stuff can just
be thrown in Miscellaneous that's not necessarily germane
:i
or intermingled, you see.
10 MR.
"z
11 I-
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o.
,~
12 ~
(~S~~r"~~ 14_.. ':! ,r. 15 ,~
I;l
16 ''~"" ow 7 'l ]7 ~
TIDWELLl Anyone of theae six--five things to be recommended
would be a tool to deal with that problem. And it would just--you'd have to see which one is the most effective. Maybe you couldn't repeal it or maybe you could put a self-destruct. If you couldn't put a self-destruct, maybe you could move it to Article I. It gives you_the option to attack the problem from different--
18 II GOVERNOR BUSBEE:
!\
i 1<)
i
I'
We're going to have a problem.
I really don't have
20 ili,1 II
a solution to this because if that is--if that remains as
2l 'I
is, we don't have any way of dealing with it.
221 I"
SEN.
HOLLOWAY:
I
23 I,II
24 Ii
,I
J Well, suppose both of them pass. What problem have I
we got?
g
I t ' . no t ove r l_a_p_Pi n _ i n a nf wa_y_,_i_S__i_t_?
Ii 25 MR. EDWARDS:
IL___ '.,
.
----1 PAGE 19
Are you talking about the self-destruct thi:.,-
2 GOVERNOR BUSBEE:
3
Yes, it amends that order. Without a self-destruct, I
4
i~ i t were to go on and pass and we were to pass our
I
Articles, what would happen?
I
6 MR. EDWARDS:
i
I
7
well, it wouldn't fit in becau this sspa.ate a.end-!
Si
ment is an amendment to the existing 1976 Article that's I
9
now been changed.
MR. TIDWELL:
It would be amending something that doesn't exist,
AI.
SEN. HOLLOWAY:
I see.
i; ~ MR. EDWARDS:
,;;,:,:
::>
It:; ~ "I
well, that would be a good one to try this.
z.~,
.,;
17 ~ JUDGE CALHOUN:
1H II
Mr. Bolton, do you remember, did you call for abol-
]'l
ishing the old Article.
20 II MR. BOIoTON:
21 I,Ii I, il
22 [I
,I
You just go directly to the source, though, and ask him can that be done because I'm not going to rule on it.
23
11
1'.1'
JUSTICE
NICHOLS:
24 I
i
I
Do you want a declaratory judgment?
I
I
25 IiI JUDGE CALHOUN:
IL
_.
.-.-------.---.--.------. J
PAGE 20
r------------:-:--s~:~-~ to me tha t--~~--the new Electi v:-~~~~:~:~-
!I
I'
which Arthur has, we're going to abolish the old Article
: II
and this is going to substitute. Wouldn't that care of
4I
any am.'1'\c!hn.ents to the old Article?
II 5 GOVERNOR BUSBEE:
6 III'
That'. the feeling that I had, but I don't know.
II 7 JUDGE CALHOUN,
8 !i
I'll tell you if you bring it in the Superior Court
II
() II Ii
of the Southern Circuit, I'll handle it.
10 GOVERNOR BUSBEE:
Judge, what are you going to do when it gets to the
Supreme Court? We can just dispense with this Article.
JUSTICE NICHOLS:
Well, I'll uphold Marcus.
10 .~ u'"
1
17 ~
18 II
1" ! J9 "
i
20 Ii
21
22 I
23 II
24 Ii
Ii
Il'I
25
i
We discus.ed that possibility with Charlie and Jim Pratt and Cindy and Marty--all of us discussed that and of course it is somewhat analogous to the way they treated individual amendments to the old 1877 Constitution when the 1945 one was adopted. But we were a little leery of banking on that to solve the situation because it's not exactly the same thing. Here you're dealing on with an Article. Even 90, it's a new Article and it could--you could--you could argue both ways on that. We
J realized that but we didn't want to--you couldn't depend
r----- :~- it.
- - - - - - - - - - - - - - .... ------------_. --~--_..
PAGE 21
2 I GOVERNOR BUSBEE:
3 Ii
Let's see and--what about the policy of let's try
II
to put a self-destruct clause on it where this won't come
4 II
5 II
up and it will be debated at that time. Is there any ob-
Ii
6 II
jection to doing that? Then at least we could put it on
II
'7 II
the table and let the legislature dispose of it one way
ii
'I
s i:
or the other.
<:) JUDGE CALHOUN:
10
That's a good idea.
"z
11 ::< GOVERNOR BUSBEE:
."o.-.
@!"~I12 ~
All right.
JUSTICE NICHOLS,
Do you want to-
----,'
14 ~
I move that.
I-
'<"l
J:
IS ...!.), SEN. HOLLOWAY:
':"l 16 ~
Second.
oz
<l
17 ~ GOVERNOR BUSBEE:
18
It's bean moved and seconded. Any discussion? If
19
not, all those in favor say aye. [A chorus of ayes.) All
20
opposed? [No response.] Will y'all see that that's--that
21
we have someone to offer that?
22 23 24 I
i I
l. ..
All right. The next thing that we have is to--on the
I
Articles that we had that were tentatively adopted at the I
last meeting of the Select Committee and we had a Style ant
.J Draft C~~:it~_~~_~~_~=_:_~_~_ap~_ointedto _~_~~~.~_:_._bac~_~~:
2
be necessary. And we had no changes that were recommended
3
for Article x. If--I think if there's no discussion on
4
Article X, we'd be in order now to just adopt it. We've
5
adopted it tentatively.
6 MR. BOLTON!
7
I move that we adopt it as the--
GOVERNOR BUSBEE:
9
All right. The motion's made that it be finally
1(J
adopted. Any discussion or--a second?
'z"
1I
le-.:
oa.
REP.
SNOW:
(~SV~
12 ~~"'
I second i t.
,~-,.~ ~ 'lOVER""~ "US8EE,
14 ).
l-
,~
r
":'">
1() '!i.
o
z 17 :ii
Second. Any di8cussion? All in favor say aye. [A chorus of ayes.J All opposed? [NO response.] It's unani mously adopted.
All. right. On Article II, I want to calIon Jim
18
Pratt, Assistant Attorney General, for discussion on pro-
19 ;
posed changes to Article II that he assisted the Attorney
20 ,I
General and the Style and Draft~ng Committee. Mr. Pratt?
21 I MR. PRATT:
221
II
23 II
I believe each member of the Select Committee has in their folder a. page and a half memorandum prepared by the
24 II
I,
25 IIII
IL .._.
staff which puts the matters more concisely and better
than I could.
....
.
PAGE 23 q--------------- ---------- -----------------------------------
I
But basically there were a large number of decis-
sions made by the subcommittee. These are just some
1 II
3 [I
things that were raised and some have been raised by
4 ,I
committees of the General Assembly and since they were
II
apt to be brought up perhaps as proposed amendments to
: II
I'
the proposed Artieles when they get to the General Assem-
II
bly, the staff felt that the members of the Select Com-
: II
!I
mittee ought to at least. have an opportunity to look at
9 II
these particular things sinee they were apt to eome up
10
..,
z
and make an individual decision on them
MR. BOLTON:
Governor, do you want Jim to go ahead and explain
the proposals?
GOVERNOR BUSBEE:
J50
,,'
::J
16 ~
a r.
17 ~
I'll tell you, if you don't mind, let's all just read this first and then let him explain it. I have not read it. I'm sorry. [Brief pause.] If you've completed
18 II
I'
reading this, we'll start then--Arthur, do you want to
19 i
IIiI
just go through all of them or--
20
II
I,
MR.
BOLTON:
21 !I
II
Yes. Jim, just go ahead and discuss each one of
22 II!
those.
II
23 I! MR. P RA TT :
'-4 '!II
IIi'
25 )! I,I L_ _
Well, just very briefly, this was meant to be pretty
__~_~!e~_and I could elaborate on some of the .=easons for thel,
,._-- ... ----_....---_.-
I
-------P-A-G--E-2-4---1
i
you know, staff's recommendations and discussion.
I
2
But the first one on duration of residency, the
3
I
present Constitution provides that the General Assembly
I
I
has the power to establish a residency requirement but
that it has to be at least thirty days. Now, there is a
serious Federal constitutional problem as to residency
requirements. A decision of the U. S. Supreme Court
knooked out Tennessee'. requirement of a year in the
10
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23 I
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24 1'1
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11
state and six months in the county and thirty days in the city. That was declared unconstitutional in an opinion that pretty nearly went the whole distance and said you could have no residency requirements at all.
Now, there--because the facts ot that case were narrower than a very short residency requirement, I'm not able to say with absolute certainty what the court's attitude would be were a court challenge to be--come on if Georgia decided to enact a thirty-day requirement but the chances are very strong that the court would adhere to the dicta in this earlier decision and say that no resi dency requirements at all could be imposed.
Now, the present Constitution doesn't mandate any such requirement but it does authorize the General Assembly to establish one. So, really, the issue for the Com-
mittee and for the General Assembly, as a whole, would be I
whether Georgia is interested enouqh to establish this
.__
PAGE 25
2
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Ii
II
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:::~~o:.::q:::.::::::::y9: :::::.:::tP:::::::~:"f::.--1 U
3 I'
an almost certain Federal court challenge over its consti-I
II
i 4 I, I'II
tutionality. One point that should be made in that con-
5 If
nection is that we have a thirty-day reiistration cutoff I
6
II
I,I
which has been clearly held to be constitutional. This I
7 I,Ii
is--this gives us the administrative protection and,
8
really, most of the practical effect of a residency re-
')
quirement.
10 GOVERNOR BUSBEE:
Well, could I interrupt you and ask you a question?
I thought in the one that you have that you had provided
for that the legislature could pass a residency require~
ment?
1S
MR. "J
C1
PRATT:
'"~.)
1{) ttl
"o"
That's right.
:<'
MR. BOLTON:
We do.
19
MR. PRATT:
The question is whether that should be retained.
21
GOVERNOR BUSBEE: 22
"Every person who is a citizen of the United States
IL24
:1
:1
Ii
2.\
~
and a resident of Georgia as defined by law, at least eighteen years of age, not disenfranchised by this Article ~~,~_~wh~ meets minimum residency. requirements as .. establisher
ir- ------------ ------.-----
PAGE 26
---..-- - - - - .----.---.-----.-- - - - - - - - - - - - - - - - 1
I
II
by law shall be entitled to register .. " Why not leave
I
i
21
it to the legislature? I mean I think this is what the I
I
3 II
constitution is for is to give some broad powers to them.
4
If the Supreme Court of the United States rules that
1
5 II
fifteen days, forty-five days or some set time is the
6 Ii
figure, then the legislature could simply by statute
II
7
I
I
adopt that if they wanted to.
II
8
Ii
II MR.
PRATT;
9 Ii II "
10
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11 le:.: o a.
12 ~"'
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Right. The reason that the staff raised it is because of the 1972 decision which went fairly clearly to say that no requirement could be held constitutional, although it drew a distinction between new residents and older r.sidents which would violate equal protection and
14 .;._. ~
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~~
17 "'"
if the court'. attitude is such, as it probably is, that we cannot have--there can be no durationa! residency requirement. And to keep an authorization for it would be surplusage in the Georgia Constitution.
IS
JUDGE CALHOON:
19
When the pre.ent mood of the court changes, as we've
20
all seen, I see nothing wrong with leaving it in there.
21
The legislature doesn't have to do anything about it.
22
MR. BOLTON:
23 That's the sole purpose.
24 i
L___~~_~~. I~_ feel~_ng i GOVERNOR BUSBEE:
25
that-=-he__
of the Committee, to leave
PAGE 27
'_.-'
legislature would have author- II
All right. Okay. Any objec-
tio~, then, as to leaving that as previously adopted? All
right?
MR. PRATT:
The second area has to do with mental incompetency.
The present Constitution has--from the 1877 language, dis-
enfranchises "idiots and insane persons." And there was
9 II'I,
pretty general agreement on the Article subcommittee that
10
there should be no disenfranchisement, at least without
some kind of judicial proceeding. Because it shouldn't
be up to a poll officer to just eyeball somebody walking
in and say, "You don't look like you ought to be able to
vote." and then have the review machinery from that.
There was pretty general agreement on that.
There was quite a bit of doubt in the Article subcom-
mittae as to whether, in practice, a judicial determina-
tion in this area would be of any practical use. It
wouldn't have the effect of determining property rights
like a probate court guardianship. It would simply be--
21
it would only work if somebody's willing to go out ahead
---,------- PAGE 28
- - - - - - - - - _ . _ . - -_ ~-_._----------_.-
----- . - - - . - . _ - - - - . - - - _ . _ - - .._--.--
II
was worth the trouble and possible problems it might cause
i!
2
in view of the fact that it would seldom, if ever, be
3
!
used. It really would not result in a question if--some-
I
4 II
body had raised the question about large st;a~e mental
5 Ii
health facilities like Central State and there was some
II
worry that there might be a lot of undue influence in a
6 1,1
7 II
il
certain part of the state that might have an effect on an
g Ii
I
eleotion. That problem is taken care of in other ways in
<)
the present statute by determining residency of persons
JO
who live in those institutions or provisions regarding
un4ue influence. So the issue is whether the Constitu-
tion ought to try to disenfranchise peopl~ who have been
determined to be mentally incompetent.
E~ MR. BOLTON:
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r
15 ,:,
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:;,
The question for this Committee, as I underatant it--
16 ~
Q
Jim your correct me, and Frank~-in Paragraph III in Sect!
Z
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17 :;;
I, would be whether or not we wanted to take out the words
18
or leave the words in the third and fourth line, "or who
19
has been judicially determined to be mentally incompetent,
20
-.aleS8 the diIJability hal been removed." And what this
21
would have the effect of, it would remove mental incompe-
tence as a bar--
GOVERNOR BUSBEEz
L 25 [I
That means everybody at Milledgeville and allover,
~ould just vote?
1--.--------------.--------------.-._----MR. BOLTON:
-!-)A-G-E--2-9---l
2
That's right. Am I right?
3 MR. PRATT:
4I
well, they really can now. Unless a poll officer
5 Ii
II
takes the initiative to refuse them the rigWt to vote and
6 II
that--we had some poll officers talk to that in the sub-
II
7 II
committee and that--nobody could ever remember that hap-
8 IIi;li
pening. And if it did happen, it would be kind of an in-
I
9
il
L'I
dividual decision based on--
10 MR. BOLTON,
I want to qet the issue, though, before this Com-
mittee. You see, we put these words "or who has been
judicially determined to be mentally incompetent, unless
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the disability has been removed," in in this subcommittee.
well, what--by putting this into the Constitution, I
think most of the--even the way it's in here right now~-
that the people at Milledgeville co~ld vote because under
our Mental Health Code, they~re not mentally incompetent.
I
And what I'm trying to say is we have in effect, in writinr
this Article the way it was and this was written by the
I
subcommittee--we have in effect set up a whole new pro- I
cedure for determining whether a person is mentally com- I
petent to vote. And that's the only purpose that that
I
I
I mental incompetence would be for; is that right?
I
I think
tha t'. right.
PAGE 30
PRATT:
2
The procedure would have to be established by sta-
3
tute but it would have no purpose other than to take away
I
-+
II il
80mebody's right to vote. It woudln't be lik. a probate
:i
5
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II
court guardianship which is obviously necessary to take
II
6 I"I II
i!
care of property affairs by people who can't take care of
I'I
7
II II
II
themselves.
'i
8 I'II MR. BOLTON:
I:1i
9 Ii II
Governor, what the Ordinaries all say now 1s--and
10
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I'm not trying to belabor the point--is that they don't know--and the reason it was such an 1ssue--they don't know when somebody can't vote because there's no longer any such thing as mental incompetence under our Code.
14 >-
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They commit them to Milledgeville now and don't declare
<l
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15 ..:>
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them--
16 a~ GOVERNOR BUSBE.:
7.
17 ~
I didn't know those people voted down there, to tell
18
you the truth, so I don't know that I'm qualified to even
19
discuss this.
20 I MR. BOLTON:
21 I thiak they can.
22 MR. TIDWELL:
23 They probably don't but they can.
_J
,..-------------------_._-I
I REP. SNOW:
PAGE 31
211
Well, let's don't remind them of it.
II 3 MR. HODGKIN
4 IIII
Jim, wouldn't they vote by absentee ball,Qt because
5I
that's not their residence?
6 Iiii
county--
Ii
7 II HR. PRATT:
They would not vote in the
8 II
Yes. Each one's residence would be the residency of
9 :l ii
their home county so it's not as though you get a big con-
11 l-0: '::> 0_ '""' I,..!
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centration voting in one area. The difficulty is that'if this procedure--the difficulty is that if we carried this through and set up a procedure, not that it wouldn't be good in intent, you know, to make sure that elections were
15 J.l
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16 7u'",
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i8
as intelligent as possible, but it would only be practically used in like as individual case where somebody had a grudge against somebody else, possibly somebody seeking office and try to embarass them by filing a petition to declare them incompetent--
GOVERNOR BUSBE!:
20
Let me ask you, could you take care of it this way--
21
and again, I'm JUBt saying the Constitution is supposed to
22
give some authority to the legislature. You could put
this in like this--to read: "NO person may register to
24
vote who has been convicted of a felony designated by law
25
as involving moral turpitude, except upon completion of
PAGE 32
the .entence, or who has been jUdicially determined to be
2
mentally incompetent, where"--
3 MR. BOLTON:
4I
[I
Governor, you could say, "or who is mentally incompe-
II
5 II
tent." And that would leave it up to the General Assembly
II
6 I' GOVERNOR BUSBEE:
II
7 II
" or who has been determined to ~e mentally incom-
8 Ii
IiiI
petent as determined by law . " That's what I'm trying to
9I I'iI
.ay. And then you could--it just looks to me if a person
10
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'"
is mentally incompetent, they ought not to vote. Or at lea.t the legislature should be able to pass legislation. PRATTa
Yes. What the staff was trying to do is--1 think the
pre.ent language would in effect leave it up to the Gen-
L ,"
Cl
eral Assembly.
0'
;;>
16
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GOVERNOR
BUSBEE:
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What's the pre.ent language?
How does it read?
18 I: MR. PRATT:
19 I[,i
It talks about a procedure.
20 MR. BOLTON:
21
" who has been jUdicially determined to be mentally
22
incompetent, unle the disability has been removed."
23
I
I
II MR. PRATT:
I
I
24 I
It would be up to the General Assembly, as in all
:5 1[1
L
PAGE 33
11--------------------- -- -------.---------------.------- .--.-------- ---,
I
the Civil Practice Act.
I
2 GOVERNOR BUSBEE: I
" . or who has been jUdicially determined to be men~
tally incompetent . " That would mean the legislature
could pass any law and then a oourt would review it. Is
6
that it--under this language?
7 MR. PRATT:
8
I
That's right.
I
9 II GOVERNOR BUSBEEI
10
what's wrong with that?
TIDWELL:
I think we wanted the Committee to realize that this
would be an extremely complex piece of legislation that
would have to be drafted to implement this that probably
15 ':,
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never would be used.
'::">
J6
~ "oz'
GOVERNOR
BUSBEE:
J7 ~
Well, then what wo~d it hurt?
If you gave the legisti
I
18 II
Iature the right twenty years from now if they want to
I
II
19 I:
,II'
try and accept the problem.
20 I MR. TIDWELL:
21 II
Nothing except why maadate it if it's not going to
22
I
accomplish--
23 I:1 GOVERNOR BUSBEE:
'i
24 'I
We're not mandating it.
Ii
25 Ii JUDGE CALHOUN l
L
... _ ... _ .. .. ~
_
r--------------------------------------------- PAGE 34 ------------_._----------------------------,
II
Suppose you have a situation where a man's found not
2
guilty by reason ot insanity of a crime? He's been jUdi-
3
aia11y determined to be mentally incompetent, hasn't he?
MR. BOLTON:
He's only been determined to be insane at the time
of the commission of that crime.
MR. TIDWELLr
We really don't know what mental incompetence is.
9 I": JUDGE CALHOUN r
10
"z
Well, if you want to leave that up to the legislaturei
,
and--I don't believe--
GOVERNOR BUSBEBr
If they don't have to act, in most cases they don't
uatil they have to.
1) -3
"'::"> JUDGE CALHOUN:
16 .~...
o
I don't see that this language would require the
z
17 ~
legislature to set up a separate procedure to cover
18 I'
whether or not a person i8--
19
MR. BOLTON:
20 II
21
II
well, the reason they're saying incompetent to vote, Judge, is because there ain't no way to declare anybody
22 I:
23 Ii
II
mentally incompetent, if I under.tand our mental health laws. I just wanted y' all to be aware of the problem.
M II JUDGE CALHOUN:
25 !I
IIIL_
Okay.
Here'. a gu_y who ha. declared as a part of a
r---------------_.
PAGE 35
--------------~
.
special plea of insanity--the jury says he's insane at thel
2
time of the trial. The election's the next day. Are you
3
going to let him vote? I don't believe he could vote,
4 III,
I
under this. He's been jUdicially dete~mined to be insane.;
5 III ,
pro<~dure What I'm aaying i8 you oan havo 80mo
to dotormint
6
him mentally incompetent which has nothing to do with
i
7
voting but which would bar him from voting.
I
I
8 MR. PRATT:
() ii
I
I:1,
I think, Your Honor, that would be an accidental
I
.-
10
happening. And I'm not saying a thing like that may not
1['
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happen, but this kind of procedure is apt to get away from
Q.
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I
you if that kind of challenge is brought up. that could be raised--
I
Another thin~
!
14 >-
:;; JUSTICE NICHOLS I
1:
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16 ~
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Z
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Let me ask you a preliminar question. In any event, under the law as it is or as it would be changed. it would still have to be initiated by a poll worker or some-I
IS II
\i
19 ,I
II
20 II 'I'
21
2_; iI
I
23 I,I
body when they went in to vote to say. "Well, now, wait a I
minute. You can't be voting because you've been declared I
I
mentally incompetent and we' rEt not going to permi t you to
i
vote." well, they'd have to prove that he's mentally inI I
competent. Well. they'd go get this verdict that you werel
talking about where he's declared innocent on account of
I
I
24 II
it- - b ut somobody has got to rof so tho quo 0 tion at tho
iL 25
!,o~~~-:-=..!.~~_~l worker. Milledg~- And if somebody gets out of
PAGE 36
.. -'~---'-'---"----------'---
home and votes--not by absentee
his home county and votes, who's
3
going to question it unless somebody at the polls when he
4
goe8 in to vote says--and knows him. That's the whole
thing.
MR. BOLTON:
And that's the problem we talked about. The same
way with felons--I mean, prisoners.
JUDGE' 'CALHOUN:
10
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ou.. 12 ~
(~~r)~MR~ . 14 i i:-~ v. "); 15 .:,
Of course the question could come up on registration too. Becaus. his name's got to be on the list before they let him vote. PRATT:
It--as long as 80meone took the trouble to initiate a judicial proceeding to develop and define mental incom-
L <l
17 :::;
petents, whoever they are, and to get them stricken from the registration rolls and to have a regular procedure
for picking them up, and--you're dealing with--of course,
you know, you get some pretty strong feelings. I mean if
20 someone should come into my house and say, well--you know,
21
~') II
father, mother or some relative--you know, don't follow
procedures to insure that this person can't vote.
II ~:3 I,Ii JUDGE CALHOUN:
: L._ ._. a proBcUe'dt~Y~_Oe_u._c_a_n_'_t_d_o_t_h_at until the legislature sets up
I think we're just like we were on residency
PAGE 37
anything to leave it in there.
l
Let me ask this. I think we covered it a moment ago
but we're not in the same posture as we would be, say, if
students at the University of Georgia who establish resi-
dency there and vote in the city elections. Would the
folks in Milledgeville be able to be organized in some
degree as residents of Milledgeville and go and vote and
control the City of Milledgeville? 10 MR. PRATT:
Not under the present statutory law because they 8ay
the residency of people in a state institution applies to
Reidsville as well--is their home county. And they're not
,~ .. '<"l
present in Baldwin or whatever county for that purpose.
]:
is ~
" GOVERNOR BUS~EE:
:':">
1(~ ~
w
'z"
Well, we have the problem on that like at Grady
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Hospital. You know, they all show up over there and say, i
i8 Ii
19 I
i
20 :1
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21 II
22
!'II
I,
I:
n Ii
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24- II
we're residents of Fulton County now. And the courts havel
said, regardless of what the Georgia legislature says
tl
about institutions that, fellow, you're a resident anywher
you want to be a resident the minute you want to be a
I
resident. And I say to you, if one person in MilledgeVill+
I
were to go through that hospital with a petition and sign
those folks up down there, they could all register to vote
25 IIIL__ --everyone of them register to vote in Baldwin County. An
PAGE 38
I I
I don't see where it hurts to let the legislature, if the I
2
II
legislature wants to try and tackle a very difficult prob-
3I
lem, say that you can't go down to Milledgeville and sign
4I I
up all those people to vote in a local election down there
5I
--if the legislature wants to address the problem. And I
I
6I
i
believe the legislature can addre it the way you have it
7
in your tentative draft.
8 MR. PRATT:
')
The way it was tent.atively I approved, the legislature
10
could address it but--
SNOW:
Well, I move that we keep it the way it's tentative-
ly adopted.
CALHOUNI
)~: .~)
'.J
I second the motion.
:'"J
16 ~
) JUSTIce NICHOLS:
z
..:
17 :ii
(Indicating affirmative response.)
18 II GOVERNOR BUSBEE:
19 IiI Ii
20 II
Motion made, .econded and third.d. A.ny objection? All tho in favor, say aye? [A chorus of ayes.] All
21 I
opposed? [No response.] Y'all did a good job the first
23
I
24 i
25 II 1
go-around, Arthur. We'll leave it alone. All right. The Chair's trying to remain impartial on these. I'm notall right, do you want to go into Differential Restoration of Riqhts?
r---------------------
PAGE 39
II MR. PRATT:
2 !III
The third one is something that has already been
II
3 !\
4 IIii
[I
5 !I II
6 I!,I ,[
7 H'I I[ il
8 ii
Iili
raised by a General Assembly committee. And it's just that there's a different standard required in two areas. If someone is convicted of a felony, the right to vote is restored upon the completion of the sent_nee. Now, when you get to the ease of an ~fficeholder of some sort Or somebody who wants to be a candidate for office or some
appointment, it would have to be an affirmative restora-
]i)
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tion of rights under the present system by the Board of Pardons and Paroles. And a question was raised by a member of the General Assembly as to whether this was consistent or, you know, whether the distinction should be maintained. All that is said about it is that there is a reason for it in that the potential harm done by an office holder is much greater than by an individual casting a vote. So the Committee just might want to decide whether
18
II
19
II
II
or not that is a sufficient basis for distinquishing the two standards.
il 20 I, MR. BOLTON:
II
21
II
In other words, the subcommittee said that if you gotl
il
22 I'I
out of prison and your sentence is complete--this would
I,I'
23
Ii
include the probated sentence--that you at that time, as
24 II
I"i
soon as you were out of prison; completed serving your
~-_._-- -, .:-
.. J
sentence and your probation, that you were then eligible
l PAGE 40
--t:- vot~-~-:e4 ~he logic behied ~ha~ va., from a practical
2
.~ae4poin~, ~h. v.y people move aroue4 nov, you cae't tell:
3
whether they've ever had their disabilities restored or I
I 4 II
5
I'Ii
!j
I
not. But insofar as an officeholder is concerned, if a
man wanted to run--an illustrationw,~s used, 8ay, for
:i
6 II
county Treasurer, or some office like that--for such an
Ii
7
II
'I
office, that he had been convicted of embezzlement five
8I !
times, that he should have his disabilities removed before
9 iil'
ha would be ~ligible to hold that office. In other words,
10
..,
it's not automatic for an office seeker but it is auto-
z
11 ...
c.:
o,.
matic tor a voter, is that right?
~@ -".,~ 12 '~.' MR. PRATT: That's the issued which was raised and I thought the
14 .~..
members of the Committee ought to decide whether or not
'<
1:
15 .0
':':"">
they'd maintain it or not.
16 ~o REP. SNOW:
z
17 :;;
I move it be maintained.
JUDGE CALHOUN:
19
X second the motion.
20 GOVERNOR BUSBEE:
21
There's been a motion made and seconded. Any dis-
22
cuss ion?
23
I
I,I' REP.
CONNELL:
24 II II II
25 ~
Why would it be put under the Board of Pardons and Paroles to determine this restoration?
r---------.-.-------- _.
j MR. BOLTON:
PAGE 41
- - - - - --_ - "--'-~'---"----
...
2
II'
That's their duty now.
I3 JUSTICE NICHOLS:
4 II
What you're in effect saying, that a convicted felon,
Ii
upon the completion of hie sentence, has a right to vote
but not to hold office?
BOLTON:
That'. right.
'i GOVERNOR BUSBEE:
]0
unless he has his rights restored.
11 "tz MR. PRJI.TT: o <>. "' The last one is--
BUSBEE:
Well, what about disposing of that? There,s a mo-
tion.
"'"";~)
16 ~
Okay.
<)
z
17 ~" MR. PRATT:
Is there any objection? Designation of Crimes.
If not, it remains as is.
1I~ !I
II
] 9 [I
!!
II
20
The feeling, by some members of the subcommittee, was that presently it's pretty unclear what a crime involving moral turpitude is. And there are individual instances
211
where there are disagreements and they thought they'd been
22 II
giving inadequate guidance to poll officers in deciding
23 III' I
II
who to register and who's allowed to vote. And, in hopes
24 I!I, II
25 II
I of resolving that ambiguity, they wanted to charge the
General Assembly with the responsibility of coming up with
iL__ _.
IT------------
PAGE 42
--~------------1
!I
a laundry list of crimes so that they would be some place I
2
I definitely in the Code or in the lawa at to e.actly which
3
4I
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5 11
II
6I
i:
Ii! 7 !I
II
8 1'1
Ii I:1'
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ones were in and which were out. Now, essentially that's! a transfer of responsibility from the Judicial Branch to I the General Assembly. And that's one thing. A reason why --as to not to have a designation made by the General A.sembly in relation to the Voting Rights Act and that is, if we do it this way and the General Assembly passes the statute. And the Civil Right Commission of the Department of Justice decides that the effect of a particular disenfranchisement is to dilute voting power, is the way it's
prohibited by Federal law, then they could object to it
and the Georgia disenfranchisement would become unenforoe-
14 >-
I-
able as a matter of law. So it would involved the Federal
~
<l
1:
1'; -:>
l?
government in a much larger way than if this designation
:'"J
16 ~....
o z
stays out
<>:
17 ;;; JUDGE CALHOUN:
.18
sut what if say in this Article now, you say a felon
19
and that's a person convicted of a felony. There's no
20
question about what are felonies. If you leave it that
21
way, I don't think you have any problem. If you're con-
22
23 I
viced Cf a misdemeanor, you can vote; if you're convicted of a felony, you can't vote.
II 24 ,MR. PRATT:
25 L______
Well, there's an additional qualification.
It has to
w----- ------.--.-.----- . ..._. ----------. -----~---------.-----.---.-.------.-.-.-------
PAGE 43
II
be one of the flonies which involve moral turpitude.
2 \ JUDGE CALHOUN:
3I I'II
Is that what it says in your other Article? A felony
4 II
involving moral turpitude?
11
5 '1,'1 MR. BOLTON:
il
6 "il I
." of a felony designated by law as involving moral
"
turpitude " The question, I think, that the Committee
will decide, does this Committee want to take out the
words "designated by law" or not?
10 GOVERNOR BUSBEE:
I think the question is this, that presently it
does say a crime involving moral turpitude. All right.
Now, that is a judieial determination. All right. Now,
they're saying, why not take it out and just let the legis
".l:">: j () ~
"'z"
1 'J
~
lature go through every crime and all crimes that we have on the books anywhere--anybody's crime and designate: "This is moral turpitude, this ain'~ aoral tu~pitude."
IX
I wrote a case note back in 1949 in the Georgia Bar Journa
19 i
and I don't believe that's possible. I think a court is
II
20 il
II
much better equipped on an individual basis to consider
21 IIII
II
this an~ with all jUdicial precedents and--
II
Ii 11 Ii JUSTICE NICHOLS:
23 [i
II
And probably has already been judically determined.
24 I[
II GOVERNOR BUSBEE:
25 11 .
.There's case law allover there
_
PAGE 44
BOLTON:
I move that on Paragraph II, Section II, that the
words--Jim, see if I'm technically right on this--~desig-
nated by law" after the word "felony,""'-and it would then
read "or who has been convicted of a felony involving
moral turpitude ... " To cause the words "designated by law
Ii
7 II
as" be deleted.
I'
,1\,1
i!
GOVERNOR
BUSBEE:
Ii
So then the--from the Committee version.
Is "designated by law" in the Committee version?
10 MR. BOLTON:
Yes. That would take it off the General Assembly and
put it back where it is now, with the courts--what is a
felony involving moral turpitude?
;: REP. SNOW:
'<
1:
15 .~.,
I second your motion
:'>"
16 '~" GOVERNOR BUSBEE:
oz
<:(
17 :;;
Let's get this clear.
18 II MR. BOLTON:
Proposed Article II, Paragraph II, starting off, "No
:: I
person who is not a registered voter, or who has bean con-
21
victed of a felony de~igna~ed by law as"--I'm moving that
22 23 III
we delete "d4!!liigna ted by law as" so it would read "is con- II
,I
victed of a felony involving moral turpi tude," which would I
24 I"
il leav. the law--except we did t .ake out some of this arChai]
L 25
____ ~~~gu~ge_ Of--
_
PAGE 45
---------- --- - - --- ~ - --~~----
~~~ -~--~-~-~--~~---~
-~-~----- -~--~----~----~---~---~--~------ --------~-----~----
II MR. PRATT:
I
2I
It talked about bribery, larceny--
3 MR. BOLTON:
4 !"1
--briberY1 larceny. But we delineated any involving
5
il
II
moral turpitude and this just makes it clearer.
6
I I GOVERNOR
BUSBEEJ
I
7 I,
All right. The motion's made and seconded. I think
I'
8 II II
it's clear that the motion is that the words, "designated
I'
9
Ii
II
by law" be deleted, the effect ot which, moral turpitude
10
;-
would still be a jUdicial determination rather than going
Cl Z
11 ...
ix
o
a.
w
through by statute and trying to point it out.
"
For the purpose of discussion, I'll offer a substi-
tute that reads--takes out everything except felonies and
15 ,~
~
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16 ~
az
-<:
!7 ~
say, "one Who is convicted of any felony." And you would leave in there somebody who'. been convicted of assault and would not be able to vote until they completed their
18
sentence.
19
MR. BOL'CON:
20
Well, there's a practical reason now that that
21
doesn't--we're dealing with the Civil Right Division of
22
the Justice Department. If we take--just put telonies in
23
24 I
25 IL_ _
there, we're going to--we know--I guarantee you we're going to run head on into trouble. If we take out--Ieave moral turpitUde out, we're going to run into bad trouble
~----_.
I
on the whole thing.
2 JUDGE CALHOUN:
Do you see what
PAGE 46
3
Yeah, I'll withdraw the motion to substitute.
4
!i
il
GOVERNOR
BUSBEE:
II
5 III'
All right.
The motion is made and seconded that the
6
words "designated by law" be de~eted and it be a'jd~i~i'l
7
determination. Is there any further discussion? If not,
all those in favor say aye. (A chorus of ayes.} All
opposed? [NO response.} The motion's unanimously
10
adopted.
"z
11 le-; MR. PRATTs
.0...
12 ~
~~ ~~ .....". ~
Now, the last thing was on some technical matters. I know it's dangerous to say that things are merely tech-
14 ;
<I-
:I:
15 .:>
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16 ~
ow
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17 ~
nical when you deal with something as important as this part of the Constitution, but we felt that it was pretty much a matter of just lining out the words--for example, where there is action by the General Assembly, make it
18
uniform to be "provided by law," rather than use a variety
19
words like "established by law," "provided by law."
20
MR. BOLTON:
21
To make it uniform throughout
22 I MR. PRATT:
23 ,I II
I
Just so that a court reading this wouldn't think that
2245 II,I
there .....n ht.ntlon.l reo. for different term.
lLJUS~~CE NICHOLS:
jr-----.--- . --------.-----------------.------------.---------------- P-AG--E-- 4-7------l
il
Because a court might construe that there was a
2 Ii
II
3 II
II
41IIIIIi MR.
,I
5 :1
Ii II
6 Ii MR.
II
'7 :1 :1
'I
8 II
il MR.
reason in one place to say "established" instead of "provided."
PRATT:
That's right. And there's no difference intended.
BOLTON:
I move that that--
CONNELL:
() I;
Ii
Second.
)0
GOVERNOR BUSBEE:
"z
11 I'o"
It's moved and seconded. Any objection?
"-
(t:;W/~, i12 "~'
it's adopted. All right. now.
MR. PRATT:
If not,
14
I have a draft that is--the staff went over to make
15 ~,
it letter perfect that makes only thatone change--I mean,
the technical change and the "designation" thing we just
voted on. So everyone oan have a copy to see what the
18 19
I'
IilI
Committee has
il GOVERNOR BUSBEE:
done.
20 II
Would it be in order, now because we have in effect--
21 ,I
il
well, we did make one amendment. Aren't we in a position I
II 22 Iii
i
il
ii
now to entertain a motion to adopt Article II.
23 II
i! MR. BOLTON:
I
24 III
Ii 25 ii!L
We'll just pass it out and let you see it. Then I I
thin~, move that _we adopt it. We have greatly simplified, I
2 PAGE 48 rGO~E~::B::::::~:~~ of the COnBt~~ti~n-.-----. _.....-----_.-.-.. -----
3I
II
4 'I
5I i
6I
il
7 II
II
8 IIIi I'
9 Ii :,
10
You have before you the--a draft that supposedly refleets the action that we've just taken in going over proposed Article II tentative recommendation. This would be as amended. I think it would be in order now to entertain a motion to make a final adoption of Article II, as being the one that's just been presented to us. The motion's made~ it's been seconded. Is there any discussion on the final adoption of Article II? If not, all those in
favor say aye. [A chorus of ayes.) All opposed? [No re-
sponse.} It's unanimously adopted.
The next item we have--Marty, you--before that, I
.~ ..
think I have Frank Edwards, though, concerning the changes!
'<
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15 .0
l.:J
to the resolution creating the Select Committee. Frank,
lX
:>
16 ~ w Q
do you have a proposal?
Z
<1
17 ~ MR. EDWARDS s
18 II
19 II'
I
20
21
Yes. we discussed this very briefly at the last
i
meeting and the only point in contention was whether you.rrI
going to have just one member, for example, of this Com- I
I
I
mittse on the stUdy committees. And it seemed--I gathered:
that the consensus of the members was that it be left up
I
to the Select Committee itself to decide what to do about I I
it. So that part is changed from the version that's in I
_i
your little packaqe here : __ .:. j~~: ad_~~~_ this sentence to.J
PAGE 49
'I member or
I
members of the Committee to each of the study committees I
i
created."
So it means it you want to have two members on
I
I
it--of the Select Committee on each study committee, you ,
j can, or whatever. It leaves it up to the Select Co...dtte.
And then one other point which we discussed on this I
change was to clarify those pay provisions where were a
little ambigous when we first started. And these are the
!I
') !i
only two changes in it.
10 GOVERNOR BUSBEE I
Are you talking about introducing this again this
year to make those two changes?
EDWARDS:
Right.
)) ~GOVERNOR BUSBEE:
"0):
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~,
:::1
Is there any discussion of those two changes? On the
Z
J7 ~
resolution? I think again the motion is that we cause thi
PI II
to be introduced at the next session, all right.
19 il MR. I' 'I
20 :i
il 2J I, IilI
221
BOLTON:
This would permit someone to of these subcommittees other than mittee?
serve as a member
chairman of one of this Com-
I 23 MR. EDWARDS:
I'II
24 II
Right.
II,
II 25 GOVERNOR BUSBEE:
I L -__
---------_._------------------_._----
__J I
PAGE 50
Or we could have any number? It's just up to us as
2
to what we want to have.
3 MR. EDWARDS:
It's up to the Select Committee.
MR. BOLTON:
I move that we adopt--propose this.
GOVERNOR BUSBEE:
The motion is made that the Select Committee sponsor
10
"z
II
these two changes t~ the resolution creating the Select Committee. Any discussion? If not, all those in favor say aye. [A chorus of ayes.) All opposed? {No response.,
It's adopted.
The next thing we have--is that all you have on that?
MR. EDWARDS:
15 .,
":':">
16 'z"
aw
z
17
c"-:
OJ
That's all I had. Well, I have--we have one on the effective date of the constitutional amendments I just might mention right now and get that over with. And that'
18 II ii II 19
II
20 II
21 III
I'
22 II
II
23
II
Ii
~4 II ,I
l_ :5 II
--that was talked about in conn.c~ion with the Article that Al Holloway chaired. Under the present constitution, if you're going to have a different effective date for an amendment, it's got ~o be in the language that's included in the Constitution itself. So all we did here is say-unless the amendment itself--and we added this--or the resolution proposing the amendment shall provide otherwise
an amendment to this Constitution shall be come effectiv~_J
\1'--'"
II
II 2
\1
Ii
3
4 III,
s I' I 1
6 "II
II
7 II 8 II
PAGE 51
l on the first day of January folloWing its ratification.
In other words, for example, right now under this July
I
1st date on the Elective Franchise Article, we're going to
have to put that in the language of the Article in the
Constitution itself. This will change that so that in the
future when we get all these Articles to be revised,
we'll just put that in the resolution proposing it without
out having ~o put it in the Constitution itself.
GOVERNOR BUSBEE:
10
All right. So what do you need on that?
'z"
11 6; MR. EDWARDS:
o
"w'-
12 ~
A motion
(~.J) ..,.. '.V~ /\~~-_.- (1-...
~
GOVERNOR BUSBU,
that
somebody
introduce
this.
-'
14 ~
l-
All right. You heard the proposal. Would anybody
V>
<l :x;
15 ~
:"'>"
make that in the form of a motion?
16
~
a
REP.
SNOW:
Z
) 7 g<;l
I move.
'1'
GOVERNOR BUSBEE:
19 '
It's been moved, second?
Ii 20 !I REP. CONNELL:
I
Second.
22
GOVERNOR BUSBEE:
23 Second. Any discussion? All those in favor y aye.
24
[A chorus of ayes.) All oppsed? [No response.) It's
I unanimously adopted. You 're .~~_ing_r~al well; do~o~want
r,-- - - - - - -.- - - - - PAGE S2 - - - - ---------_..._. - - - ----_._ .. _ - - - - - - - - - - - _.. _--_.
I
to stop on that?
II2 MR. EDWARDS,
3 II
Yes, I'm through.
I:
ii
4 :iii GOVERNOR BUSBEE:
5 If
Ii
Well, the next one, Marty, you had a matter, I think,
(-) Ii
'I I,
to bring up at this time.
Ii
II 7 MR. HODGKINS:
X Ij
The only thing I had to bring up was--wayne, at the
9
last meeting of the Judiciary Committee, they mentioned
]0
l? Z
11 I-
oe<
'-:0_
"
perhaps bringing in some out-of-state experts to talk about some of the experiences their states have had in revising Judiciary Articles; scheduling the Article to--
drafting up the legislation and ~ome of the problems that
they had run in to. And the only thing, I'd like is, if
"a:
~
16 .Z.. Cl z
17 ~
it would be all right at some point to pay if we have to. Hopefully we wouldn't have to but if we paid their expenses to come and talk with the Committtee.
II 18 GOVERNOR BUSBEE:
19 II I,
Are' you planning for this Committee to operate until
20 II
after the General Assembly?
21 22
II II MR.
HODGKINS:
Ii
YeaA. It won't meet until--
23 II
[I GOVERNOR BUSBEE:
24 II !j il Ii
25 Iii1..__ .
I think what we ought to do on that is defer this until. w_e_ get through the legislature; see how we've fared
- " - - " - " _ . _ - - , . - .. - - - ~ - ~ - - - -~-.---------------.---_._.---
PAGE 53
---.
with the constitutional amendment and then crank up from I
there, unless you want somebody to come down here and
talk to somebody during the legislature.
MR. HODGKINS:
No, not during the ses.ion.
JUSTICE NICHOLS:
Let me throw this out, Wayne, for your benefit and
anybody else's information.
II
I
9
II
!
REP.
SNOW:
10
Yes, sir.
Do you know Bo Cole?
JUSTICE NICHOLS:
Bo Cole has offered to assist--but anyway, he worked
on tftis thing in Alabama and he's an expert in it and he
had told me that he would be glad to asslet in any way at
15 ,~
l:J
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10
'11
Z
0
Z
-: <l '" ~
OJ
anytime and all they'd have to do is call on him. And he is an expert, as you know on this and he'd be glad to give his services. 1 know he's with the State Court Cen-
18 II!'
ter and he'. stationed here now. He was out in Denver.
lq
il
20 I'III
And he's be glad to do anything if you want to talk to him about it. He'. an expoert on it.
21 IIII REP. SNOW:
22 :1
Fine.
II
23 II GOVERNOR BUSBEE:
24 III
I left out one thing. On this--I didn't dispose of
2S I
this. As far as experts, we're going to wait until the
L. .
_
.-----~----------
J
- - - - . - - - ._-------------_._..... _._---._..__._.._ - end of the session before we start out?
2 MR. HODGKINS:
PAGE 54
Yes, sir.
: II GOVERNOR BUSBEE:
I
We discussed at the last meeting about who was going
i ()
to enter these Articles, whether they were going to be
II
7 II
II
introduced in the House or the Senate. And there was--
Ii'
8 'I
according to staff, we didn't reach any conclusions of
9
what we were going to do on that.
10 MR. HODGKINS:
c, z
1i lx
Senator Holloway indicated that he wanted to intro-
()
"'..-.
/~7sv~':/' 12 ;~::
due. Article x.
~) ~ ~_;J; .m....'!. GOVERNOR BUSBEE: I
14 ,:.
>-
'<
I
That's the one he wrote.
J' ~:;MR. HODGKINS:
~;
::>
. Ib ~ a~
Riqht. In the Senate
Z
\7 .X
!Xl GOVERNOR BUSBEE:
18
Arthur, what about--
19 REP. SNOW:
20
I'll introduce the other one in the House if Arthur--
21 II II 22 GOVERNOR BUSBEE:
I,I'
Ii
23 II
All right. Is there any objection to Article X beingl
,
introduced in the Senate and Article II being introduced
II'
24 1\
in the House and that staff cause these__t_o_b_e_l._._n_t_r_odUCed? .1
25 1~1~_.~~~OW_:
.
....._.
PAGE 55
Speaker ot to the Lieutenant Governor relative to the committees that they would be sent to? I think you were going to do that.
What I thought we would do was this, I'd like to
meet--well, we've got the Lieutenant Governor in here and
when we can get the Speaker, that plus these other things.
9
You were walking in as we were dis~ussing what you would
10
do if somebody offered an amendment to Article II--the old
Article II or the old Article X. We had about five things
and the presiding officer is going to pretty well deter-
mine what's going to happen on that. And that and what
committee should they be sent to. Would it be to the
J 5 ,~
':'-:">"
same committees--
i6 ~~: REP. SNOW:
z
<l
17 &'i
And what committees that these Articles be sent to.
II 18 GOVERNOR BUSBEE:
I I
J') IIi i.1l
20 il
Ii
II
21 :1
22 iIli I,
2:3:i~IlI i
That's what I'm talking about. But I think if you I
just let me talk wi th them about that when we get through. 1
We're just trying to be consistent wi th what we have. un-I
1
less there's any objections, that's what I'd do. You'd I'
asked me to do this at the last meeting and the staff willi
do this other that you broU9h.t . up at this meeting.
Ji
Any other business? If not, we stand adjourned.
- - - - - - - --~--
-----~-
--~-
- - - _ . _ - - - - - - - - - - - - - - - - - - - - - - . _ - - _. .
Ir----------------------------------
PAGE 56 -_.._._-----_ .. ~
I
(Whereupon, the above-entitled proceedings were adjourned
2 at 5:20 p.m. o'clock.J
3
C E R T I F I CAT E
4
I hereby certify, as the court reporter, that the
II
5
II
I;
statements
that
appear
in
the
proceedings
were
taken
steno-
Ii
f
Ii
II
graphically
by
me,
and thereafter reduced to typewriting by
I
7
II,
Ii
me,
and
that
this
tran8cript
is
a
true
and
accurate
record
to
Ii
8 II the best of my ability.
9 III
I
10
Cl Z
1] le< o u.
12 'e"<
~.~~r~~ 14 >I'< :t 15 ~ Cl IX :> 16 ~ 'o" Z <l 17 ;;;
DARLENE F. AKINS Certified Court Reporter
Notary Puc,lic, ::,,),g'd, Slalo at large My Com"""""" lxpiras Aug 3, 1980
18
19
20
21
I 22
" II
24 II
25 LIIII
.
I
J
INDEX Committee Meetings Held on Constitutional Revision
Select Committee Meeting Held on Jan. 4, 1978
SELECT COMMITTEE MEETING, 1-4-78
Proceedings. pp. 2-22
ARTICLE II: VOTING AND ELECTIONS SECTION I: METHOD OF VOTING: RIGHT TO REGISTER AND VOTE Paragraph II: Right to register and vote. pp. 24-27 Paragraph III: Exceptions to right to register and vote. pp. 27-38 SECTION II: GENERAL PROVISIONS Paragraph III: Persons not eligible to hold office. pp. 39-47
STATE OF GEORGIA
Proceedings of the Meeting of the Select Committee on Constitutional Revision, held in the Office of the Governor, State Capitol, Atlanta, Georgia, commencing at 3:00 o'clock, p.m. on February 15, 1978, and presided over by Governor George Busbee.
BRANDENBURG & HASTY
SC1Ef\:TIHC REPORTING 3715 COLONIAL II\AIL, DOUCLASVILLE. GFORCIA 3()J3~
942-0482 DEPOSITIONS - ARRII RATIONS - CONVENTIONS - CONFERENCES
r-----.--------.~-~-.0
II,i
C E E DIN G S
PAGE 2
2 ti GOVERNOR BUSBEE:
3 II
I'll call the meeting to order and first we'll--
II
4 Iil'
I'll call on Marty Hodgkins for a review on what the staf
III
5 I:
of the Select Committee proposes.
I"i
6 III MR. HODGKINS:
,I
I
7 II
'l'here are, just real briefly, two major thingS--Hous,
Ii
t: !i I:
445, which is the revision of Article II and that's passe
() I'I:
II
the House and is in the Senate now. And there's a hear-
10
ing on it tomorrow in the Government Operations Committee
tomorrow afternoon after the Senate adjourns. I've al-
ready spoken to Senator Kidd about it and, hopefully,
there's not too much problem with it.
Senate Resolution 217 of course has passed the--
15 ,~ GOVERNOR BUSBEE:
'c"r.
16 ~'"
We don't know these bills by number.
o
z
~
17 :;; MR. HODGKINS:
18
I'm sorry. That's the Article X revision--Senate
19
Resolution 217 passed but Senator Holloway might want to
Ii
20 II
make a comment on that.
'I
21 III SENATOR HOLLOWAY:
'---.-., I,I
II
ii
21 ,I
We-l, basically we passed the same bill that was approved by this group with the exception that--of the
24 !I
Fulton CountY-City Schools 'l'eachers' Retirement. That
25 II IL-
was, as you will recall--our original bill that was
.
.
. __.
. .'
...__
PAGE 3
approved by this committee left it purely at the control
2
3
4 5
6
7 II Ii II
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of the local level. Wherever the money flowed, that entity would be in control of the pension system. As you know, for years and years, the entire county has been pay ing the Teachers' Retirement portion of the Fulton County School System. And of course the entire county pays the City. Now, those folks living in the city are paying bot and from an equitable standpoint, in of and by itself, that's just something that isn't a fair proposition.
However, there are many other facets to this argumen between those two bodies in addition to this insofar as services and costs. But the Fulton County delegation was successful in amending it--leaving it like it is wher the General Assembly is a third party involved in it and a local constitutional amendment could be used to correct that situation or change it. They think that without a third party involved, they'll never get it changed and
18
they were reluctant to let it go through like we had it.
19
Ii
I:
20 II IIIi
21 I!
And that was the main--the major change. Another minor change was two year scholarship provision to accommodate Morehouse two-year Medical School. That was the basic
22 II
changes.
GOVERNOR BUSBEE:
24 !
Any questions concerning that Article1
25 i SEN. HOLLOWAY:
lI L-_
_,.
J
PAGE 4
Oh, no. There was one other--very important. You'l
2
recall that our bill placed the handling of tuition for
3
the elderly--free tuition for the elderly on a space-
4I
available in the univereity, ve put control of tbat in th1
5
Board of Regents. I met with the elderly and they didn'tl
6 ,II'
like that too much. So we compromised the situation by I
il"
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7 II
leaving it in the control of the legislature and authoriz-
Ii
8 IIII
ing the legislature to, by statute, maintain control. We
II
9 Ii
did take it out of the Constitution itself and we have
\0
statutorily mandated the Regents to continue that program
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GOVE RNOR BUSBEE:
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12 ~
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AS far as I know, we have no problem at all on that Article or that amendment. Now, if you want to speak to
14 >-
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the amendments while they're in the other House, we need
1'i "
to hear that now. Otherwise--
Cl
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16 ~... SEN. HOLLOWAY:
a
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17 :ii
They're arguing that same thing on the Senate floor
18
right now. We increased the retirement in the local bill
19
I: 20 I
and it went over to the House and amended it for a date-effective date; came back. Now, Todd Evans has thrown
21
that amendment on-~the House amendment, saying, prov~ ~ ,
"'-'~'- :'er I those people outside of the city limits will pay
this portion of the retirement. Of course, we're in a
peculiar parliamentary procedure there because we can't
committee. It only can be amended
__ .
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L
r---
PAGF~ 5
----------------- ---- ------------------------,
one more time and a few other things like that.
\
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')1 GOVf,RNOR BUSBEE:
i:
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I
Any other questions concerning that Article? I
Ii
4 II
don't know of any action that we need to take. That's
IIII
5
more or less a report on the status. That's all we have
II
6 II
on that one.
II
7
!i
IIII
The next thing we have concerns the recall provision
1\
8 I'
that we were discussing when Senator Holloway came in.
1\
II
9 II
And Loyce Turner came down last week and had Charlie Tid-
10
well and Frank Edwards with him and he discussed the fact
tha~ they had prepared the four-year term constitutional
amendment, together with Senate Resolution 14 that pro-
vided for recall of all State and local officials as a
package. And under the terms of our Select Committee's
recommendation on the Article, that this would automatic-
ally be repealed; is that righti
MR. 'rIDWELL:
1 ..
Tl:at's right.
19 GOVERNOR BUSBEE:
20
In order to change that to another Article.
21 MR. TIDWELL:
22
To bring the Select Committee up to date, at our
2?
last meeting there were a series of policy decisions made
24 I'i!
on how to deal with amendments that were going to be on
11
II
lL _ 25 i!
the ballot at the same time as an Article revision is
~takinq place.
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PAGE 6
too~=-l And there were five separate policy
2 II
adopted to deal with that si tuetion. One was an outriqht I
3 II
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repeal of an amendment that dealt with an Article under I
I
revisionJ the second was a self-destruct amendment to
I I
I
that amendment to that amendment. And that is what has
been done in the case of the recall provision--the pre-
sently pending recall pmendment, that is, the amendment
now on the House calendar, that says to this effect, that
if Article II is adopted in the 1978 General Election,
then the recall amendment will be automatically repealed
and that's what gave Loyce concern. He felt like that hel
would be betraying people that he presented this package
I
to and he has asked the Select Committee, if they will, tq
I e.ploy snother device of the policy that was adopted and
that is to move his amendment into another Article, in
I this case, Article I. And this is a part of the Select
committee's policy decision that that would be a tool.
I
And so that's--that's really the purpose--and ths Govern01
explained to him that he could not do that; he could not
20 11 I
21
agree to that. That it would be up to the Select Committee to change that to employ a different tool.
22
I
23 il
Is that essentially, Frank, the situation that we have right now?
r MR. EDWARDS:
24
25
(Indicating affirmative response.)
---------------------------
PAGE 7
MR. TIDWELL:
So that's why the Governor called this meeting. In
the meantime--and we'll address this later--we have anoth r
4
amendment going through that's going to amend Article x.
:j
5
II IIIi
We now need to make a policy decision on what we will do
6 il
with that. But I guess the first order of business would
7
be to dispose of this.
II
8 'I SEN. HOLLOWAY:
II
9 Ii
I move that the recall provision be--that we recom-
1\
10
mend that it be transferred to Article I.
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problem with that at SNOW:
I second that.
all.
I see no gre at
14 ,>-- JUDGE SMITH:
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Charlie, let me ask a question.
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provision for recall now?
a z
]7 :<iil MR. EDWARDS:
What is the present
IS II I 'I
We don't hav. one.
]9 II1'1 MR. TIDWELL:
ii
20 Ii
The~e's no constitutional provision.
'I
2] II GOVERNOR BTJSBEE:
22 II
We have some local--a few local ones for county com-
I,.
23 I I
24 i
Li,'
25
missioners. Loyce was saying he passed it as a package. Of course they passed a recall bill at the last se~sion an I vetoed it. And the reason I vetoed it is it was just a
r
._---
__ PAGE 8
.... ._._------_.._ - - - _ . _ - - - -
lot of the same thing you have in Donglas county.
2 SEN. HOLLOWAY:
3
That only applied to local government too; it didn't
4
apply to State government.
5 GOVERNOR BUSBEE:
6
I vetoed it for those two reasons. It only applied
7
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to local government and it didn't apply to State offi- cials and it didn't apply to the legislature. Now, this applies to everybody. It doesn't say it's "for cause." You can just do it. And I have some hang-up about doing that. A constitutional amendment--the other thing was whether you could constitutionally do that by statute. Anyway, I vetoed i t . live've got gov~rnment"', in roy 0,.-.i1liun, theil. ;r ~uu elect a per!'lon. whether it's for two years for the legislature or four years, forgetting that, I think you're going to have absolute chaos if you have local governments whereby you can recall these people without cause just because people are dissatisfied.
19
Well, anyway, Alhas made a motion there that--
20 SEN. HOLLOWAY:
21
Well, I made this motion based on the fact--the pro-
22
visions of the recall as I thought--what is it? Fifteell
23
percent of registered voters and ten percent from each
24
congressional district has to be garnered before reqall.
25
And then the matter has to be turned down by the General
._--------
PAGE 9
Assembly first as a condition precedent, as I recall,
and next, if it's turned down by the General Assembly,
then the recall provision is triggered. You have to have
fifteen percent of the registered voters and ten percent
of them must be from--a hundred percent of them must be
composed of ten percent from each congressional district.'
So i t didn't bother me that much.
MR. EDWARDS:
9
Now, that was in the bill. Of course we don't have
10
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anything right now and what this constitutional amendment would do would be to authorize the General Assembly to provide by general law ~or recall and--well, in fact that s what's in it.
14 .>..- SEN. HOLLOWAY: <
To
15 .0
Well, this is not self-enacting, though?
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16 o~ MR. EDWARDS:
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No, no.
18
GOVERNOR BUSBEE;
19
The way it reads is: "All State, county and munici-
20
pal officials who hold an elective office are subject to
21
recall by the voters of the State, county, or municipal
22 23
t- corporation from which elected. Procedures and grounds
for recall shall be prescribed by law by the General A
24 I
bly. "
~'-:R. 25
E O.A.ROS ,
I
--.J
PAGE 10 ----------_._---------,
Now, that's what passed last session. Now, we have
2
revised that language. In fact I think we discussed it--
3
I don't know whether we discussed it at a meeting with
4
you or not. But Loyce has agreed that we revise that
5
language and make it just say the General Assembly is
6
authorized to provide by general law for recall of public
71
officials who hold elected office. And Charlie--well, I
8
drew two or three versions. Charlie and I have talked
9
about it. First, I had all public officials, which is
10
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what he wanted originally. Now, he's agreed to strike that all out. So, theoretically, if this amendment in its latest form were to pass, then the General Assembly could come in and provide recall for anybody they wanted to. They could single out this group or that group or this group. In fact they wouldn't have to pass one ever at all. It's not mandatory that the General Assembly pas one. As I say, the whole thing is that Loyce, as he
Ii 18 I"'
19 II
II
20 II
21 I
states, in his district has said certain things and that' what his problem is right now.
This would be a non-self-executing amendment which would authorize the General Assembly--
22 SEN. HOLLOWAY:
23
Well, there's no doubt in my mind what the recall--
24
but what the recall provision, the philosophy of it,
25 lL
would aid and abet the passage of the four-year term. I
r--:~an you can ~~retc:-th~-tru~h a little bit.
I
:; I
know a lot of that will be said.
PAGE 11 But you
II 3 MR. EDWARDS:
4 I,
I personally feel like the Governor as far as the
III'
5 Ii
philosophy on it. I just don't like recall period. But
6 II
at least this amendment that Loyce is talking about would
II
leave it up to the General Assembly to pass.
7 II
R II JUDGE SMITH:
I'
9 II
AI, suppose they don't pass the four-year?
fl
Then
10
you've got a recall facing you within a two-year running.
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You could be recalled every year and you're going to be
cY.
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in a mess.
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Well, I think you're in better shape with every two years than with every four years. Because they might bedice well, we can get rid of him without going through a'l that trouble in two years, where it might be worth
]8
the effort on a four-year term.
19 GOVERNOR BUSBEE:
20
Douglas County of course has a recall provision for
21
county commissioners and it's not the most stable county
22
government we have in Georgia. But it's passed--the ques
23
tion is, it's passed the House and the Senate in their
24
infinite wisdom and I have nothing to do with it
PAGE 12
EDWARDS:
we don'tl Governor, if I might say one more thing. If
3
do something this session, then the one that's already
4
II
passed is going on the ballot.
I
i
I
5 I GOVERNOR BUSBEE:
I
!
6
Right. Now, what Al just made a motion un, as I
II
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7 !i
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understand it, is we take Senate Resolution 14, which is
8
the one that was passed that I just read and we chanye
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that amendment to Article Ii isn't that right?
10 MR. TIDWELL:
11 12
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But I think, to back up just a little. we--that is what could be aone. But in the process of doing that, the mechanism that Frank is using here, he is going to repeal Senate Resolution 14; re-enact it in a different form and put it in Article I. That will be the vehicle that will be used, right, Frank? EDWARDS:
18
Right.
19 MR. TIDWELL:
20
I
21 II
The Select Committee doesn't have to do this. Because Arthur's committee addressed the question of Electivt
22 'I
Franchise and public office holding and they didn't deal
23 III
with recall.
24 :1
BOLTON:
25 I L MRl.
We didn't have nothinq to do with this. i ,-------------------
TIDWELL:
PAGE 13
---------------------------------,
Presumably, that's the--not presumably, but con-
cr0tely, what you proposed in Article II to the Select
committee and what they approved is what you thought
Article II ought to look like and it doesn't have a re-
call in it. But I think we're now down to the practical
politics of it and we're going to have to deal with this
issue one way or the other, either the way it's going
through the House now or--
10 REP. SNOW:
Let me ask you this, Charlie. When we pass Article
II in November, is there any prohibition in the constitu-\
tion relative to legislation which would provide for
14 >>-'4
recall?
l:
15 .:> MR. TIDWELL:
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16 ~
Yes.
Cl
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17 ~ MR. EDWARDS:
You've got some problems.
18 II
19 II
II
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20 I,I
21 !II,
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You've got some possible constitutional problems. Right now the only people that have them are county commissioners in municipal charters. And there's some questions about whether you could do it for State officials and for those so-called county officials who have a four-
23
I
year term. That was one of the bases used to veto this
24 II
bill las t session.
25lI<E~~_SNOW'
- ----_.._ - - - - - - -
PAGE 14
II
Again, do we have specific prohibitions about it?
II
2I
If we don't have--
3 I MR. TIDWELL:
II
4
I
i
Not specific.
:i
You I ve got very, very strong implied. I
5 JUSTICE HILL:
6 I'
You've got some cases that, say, where the Constitu-
1\
7 II
tion prescribes qualifications for an office and cannot
8
be added to or taken from. It says four-year term.
q SEN. HOLLOWAY:
10
One good thing about putting it in Article I and if
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we defer the rewriting of Article I for two or three years, you could have experience of living under the law and subject to change whether we write Article I again.
14 >- GOVERNOR BUSBEE:
I-
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15 .:J
When you change the Constitution, it's rather perma-
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nent. I don't know how to address the pr.oblem. I think
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when it passed last time, very frankly, I didn't even know
18
II
19 Ii
20 I
that it had passed. I knew about the statute having passed and I vetoed it but--if we don't do anything and we went on and passed the--what the Select Committee had
21
on this Article, then that would eliminate Loyce's amend-
II
22
ment, wouldn't it?
) ' _.~
REP. SNO~7:
Only if Article II passed. Now, the problem that
could raise--I don't--I wouldn't anticipate it but it
---------------------
PAGE 15
I!
could--is that this would create an issue or a cause in
II
I,
2 Ii
II
certain areas of the State whereby they said, well, don't
3
Ii
I
votp for Article II because then you're going to also
I
4I
vote against the recall. By voting in favor of Article
iF
5
i I
II.
I
6 II JUDGE SMITH:
Ii
7
III,
You can turn that right around, too, and say all
8
,i
II
those public officials will say, don't vote for it until
,1
9
I
"
you do have a recall. That would be a much stronger war
10
c~y, I've got a hunch, than the other one. Because
these things are passed in the courthouse, you know.
MR. TIDWgLT:
If there's a recall provision on the ballot, I'd bet
a lot of money I don't have that it would pass.
JUDGE SMITH:
Yes, but it does give you something to talk about
if they want to raise a ruckus about it.
18 GOVERNOR BUSBEE:
19
But what Charlie's referring to is that it would be
20
meaningless if this Article was passed. And what wayne
21
is saving is our Article would probably pass because a 10
22
of people would be opposed to the rec~ll.
REP. SNOW:
But of course if we pass this in the House~OdaY,
25
what's Loyce going to do with it in the Senat?
---_._--
PAGE 16
II GOVERNOR BUSBEE'
2I
I don't follow this--your 478-1349.
It's the same
3
thing as was passed last year but it has Parayrrt!='j, n
-there: "In the event an amendment to the Constitution
completely revising Article II is ratified at the 1978
general election. the provisions of this Section shall
ii
7 ii
II
not become effective."
ii
8 Ii REP. SNOW:
Ii,
9 IIii
Which is a self-destruct clausl~.
10 MR. BOLTON:
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This has gotten out of the'Select Committee-field
Q.
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and gotten into the pOlitical field.
~?J/ GOVERNOR BUSBEE,
14 ~
We've got the Supreme Court and Court of Appeals and
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15 ,~
the Attorney General here. We've got the Legislative
"'::">
16 ~
Counsel here and the Governor's Counsel.
a
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17 ~ MR. BOLTON:
18 II
TheLegislative Counselor somebody ought to tell us
19 II
what to do.
20 Ii JUDGE SMITH: I I
21
It's strictly political, Governor.
22 jSEN. HOLLOWAY:
I
_)_''
Ii11
I think I withdraw my motion.
!\
~ 24 MR. TIDWELL:
25
I think what you're going to be faced with if we don'
------
PAGE 17
[1
accommodate Loyce, is he"s going to work the Senate very,1
2 !1
very hard against this resolution that's going to come
3
over from the House.
4 REP. SNOW:
5
I think so too.
II
6
il
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MR. EDWARDS:
ii
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7
Which means that the one which is already passed
II
8 III,
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will be on the ballot.
Ii9 'I MR. TIDWELL:
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Will be there and it will be messing up the Article II revision. JUDGE SMITH:
Now, let's be practical about it. Wayne and AI~ what exactly should we do? SEN. HOLLOWAY:
Well, 1 1 m satisfied that Loyce has made a great effort by amending what we already have. You passed it
18
and we have it presently in Government Operations Com-
19
mittee to effect what his wishes are, wouldn't you think?
20
He couldn't amend it, though, putting it in Article I,
21
could he? I guess he could.
"~L) ".
MR. EDWARDS:
23
He could do it as a sub to this whenever it passed
24
the House. He could do it as a sub to this.
II 25 L,SEN. HOLLOWAY: _
PAGE 18
And I'm sure that he will do it.
2 REP. SNOW:
3
Well, let's just go with what we've got. We've got
4 I
this on the calendar. I think we'll get to it this after
5 II
'I
noon and take it up. And if there's an amendment, we'll
6 Ii II
just have to go with it as it arises over there and see
I,I'
7
II Ii
what the score is then.
8
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MR.
EDWARDS:
9 Ii
If I could say one more thing. All, you remember
10
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when I talked to you on the floor, Loyce asked me what was the status and I told him we were going to have this Committee meeting. And he said, well, if they will go ahead and do the sub in the House before it comes to the Senate, but if not, let me know and I'm going to put it in as a sub over here. And so he's going to certainly try to do exactly what we're talking about doing here any way.
18 GOVERNOR BUSBEE:
19
He's going to move it to Article I is what he's
20
going to do, isn't hel
21 MR. EDWARDS:
22
Oh, yes, sir.
23 it GOVERNOR BUSBEE:
l24
25
In other words, he would just simply offer an amendment to move his resolution to Article I--to amend Article
PAGE 19
I of the Constitution.
REP. SNOW:
And if they pass that in the Senate and it comes bac
over in the House, we'll agree to it. I don't know of
anything else we can do.
6 SEN. HOLLOWAY:
7
Well, it seems to me our basic question then is--or
8
decision is, whether we're going to support Loyce's posi-
II
9 II
tion because he's going to do it regardless of what we do,
-; ...
10
isn't he.?
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11 f- MR. TIDWELL: '0"
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He's going to try.
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SEN.
HOLLOWAY:
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14 ~
He's going to try, yes.
f-
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15 MR. TIDWELL:
''="">
16 ~
I mean there's no question about that. He's talked
az
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17 ~
to the Lieutenant Governor; he's talked to the Governor.
18
I think has had Frank talk to the Speaker about it and
19
he wants the acquiescence of the Select Committee in his
W
attempts to do that.
21 GOVERNOR BUSBEE:
22
I thought this was the Speaker's bill right here.
23 !MR. TIDWELL:
24
It was. He was carrying out the policy of the Select
25 III L_ Committee.
PAGE 20
GOVERNOR BUSBEE:
2
I don't know--
3 MR. BOLTON:
4
It would be probably better if we moved it to Articl
5
I because then you'd handle it later--
6 REP. SNOW:
7
Have you already got an amendment to move it to
8
Article I1 I'm going to have to present this afternoon
9
if we get to it.
10 MR. EDWARDS:
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11 I-
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Well, Charlie and I need to talk some more about a couple of these last two things. I don't have the final thing right now.
14 ~ REP. SNOW:
l-
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:t:
15 ~
I'll just ask the Speaker to hold off on this until
'"et:
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16 ~ woz
tomorrow.
<
17 ~ MR. TIDWELL:
18
I think it would be better to let Loyce do that and
19
y'all go on with what you've got if it's going to come up.
20 REP. SNOW:
21
Okay.
22 MR. TIDWELL:
23
Let him handle it. What about that?
M MR. EDWARDS:
25
That's fine.
PAGE 21
MR. TIDWELL:
2
If that be the wishes of the Committee.
3 SEN. HOLLOWAY:
4
I so move.
5 GOVERNOR BUSBEE:
6
All right. Your move is to let--just let the resolu
7
tion go as it is to the House and then Loyce can offer
8
an amendment if he so desires to move it to Article I?
9 SEN. HOLLOWAY:
,-
10
..,
Yes, sir.
z
II
Iet:
GOVERNOR BUSBEE:
o
0.-
j) ~
~ ~~
All right. The motion's made that--that--that--
~ri SEN. HOLLOWAY:
14 ;
I-
well. the Committee would have no objection to--
'<"l:
:J:
15 .:> GOVERNOR BUSBEE:
"et:
::>
16 ~ waz
The Committee would have no objection to the Senator
<
17 :::;
offering his amendment to move it to Article I when it
18
gets to the Senate. All right. Second?
19 REP. SNOW:
20
Second.
21 GOVERNOR BUSBEE:
22
Second. Any further discussion? If not, all in
23
favor say aye. [A chorus of ayes.] All opposed [No
24
response.] Good. Now, we've got down to--on some other
25 IlL_ _. business, you asked me about th.e retirement amendment, _
PAGE 22
House Resolution 39, John Greer's Retirement Age Amendmen
2
where it says there will be no mandatory retirement age
3
in Georgia except for--you would have a mandatory retire-
4
ment allowed for State Patrol, for state Game & Fish--
5 MR. BOLTON:
6
Has that passed both houses?
7 GOVERNOR BUSBEE:
8
No, sir. It's passed as House Resolution 39. John
Greer passed it in the House. How is that going to affec
10
"z
11
~
'0"
MR.
Q.
~~r12 .u''".". iz= w U V>
14 .>..V..>: :r:
15 .:>
":':">
16 zco w 0z ..:
17 'c"o
this--
TIDWELL:
All right. John's amendment is an amendment to
II
Article X. So we--here we're faced again with concurrent
ly an amendment going through the General Assembly deal-
ing with an Article that's being revised and we have thos
five policy tools that we can employ. Of course one of
them would be--the first one is that they be killed. In
18
other words, you would try and kill John Greer's H.R. 39.
19 SEN. HOLLOWAY:
20
We didn't succeed to well in the House on that be-
21
cause it's already passed.
22 MR. TIDWELL:
23
Right. Then the second alternative would be the same
24
thing that we're talking about here and that's the self-
25
destruct provision to add on toe John's--we can deal with
PAGE 23
~hn's amendment now because it's in the breast of the
2:
General Assembly and place a self-destruct clause.
3 SEN. HOLLOWAY:
4
well, the only way you're going to have a self-de-
5
struct would be to include his amendment in mine--in
6
article X.
7 MR. TIDWELL:
8
Right.
9 SEN. HOLLOWAY:
10
Otherwise you don't need a self-destruct.
l!J
Z
11
...
'o"
MR.
TIDWELL:
"w"
(0\ i12 ~
, ~~)~~ coo",...
SEN.
14 ...
You could do that. HOLLOWAY:
You see the only thing
that
precludes
if
from
fittin
~
I
15 .0
into our Article as it now exists is the numbering of the
l!J
3'::">
16
paragraphs. The only way we could do a self-destruct is
cz.
17 ~
for us to agree to include it in our Article X and that
18
would have to be done a member of the House.
19 REP. SNOW:
20
Allright. Why don't you amend the House Bill'or :
21
House Resolution, then, in the Senate when it comes throu h
22
Senate Committee to be an amendment to Article X if it's
23
adopted?
24 SEN. HOLLOWAY:
25
[
Right. And then, John, I'm sure would agree to our
---------------------------------'
PAGE 24
putting a self-destruct to his in the House. But now
2
let's get to the politics of it again. Do we think such
3
a law would pass? Do we think the two Houses are in favo
4
of such a law? You know, being the people's representa-
5
tive, I only want to do what I think the majority of the
6
people want to do and I'm not so sure about what they
7
think of this bill.
8 JUSTICE HILL:
9
To refresh your recollection, there's not any way
10
you can force an elected officer, I don't believe, a man-
Czl 11 l-
oDe
0.. w
e)~i
datory retirement age. But you can give them a retiremen system by which they elect to come under that retirement system and if the constitutional amendment were to invali
14 ~ <I-
date the consideration there, it might then invalidate
1:
15 ~
the whole retirement system.
Cl
De
::>
16
~
wo
GOVERNOR
BUSBEE:
z
..;:
17 ~
I don't know what to do on this thing.
18 SEN. HOLLOWAY:
19
What was the vote on that in the House?
20 MR. HODGKINS:
21
It received a bare majority--12l.
22 MR. BOLTON:
23
Anybody move to reconsider it?
24 MR. EDWARDS:
25
No.
PAGE 25
SEN. HOLLOt'1AY:
2
Well, it needs a lot of cleaning up. I need to read
it and the language--I'm not a lawyer but I passed the
third grade and it needs a lot of work on it and we might
5
end up by not passing it. We might clean it up and not
6
pass it. I've had that happen couple or three times.
7 GOVERNOR BUSBEE:
8
Wouldn't we be in this position? Can't we just go
9
on and pass on both of these as a Select Committee recom-
10
mendation, which is in the form of a Resolution. Then if
Czl
11 .... o0<
either of these pass, we'll just have to amend the resolu-
Q.
(~-~JI~ 12 ~
tion that's already passed to incorporate them.
SEN. HOLLOWAY:
14 ....
I didn't quite follow you there, Governor?
What?
V'>
J:
15 ,~ GOVERNOR BUSBEE:
<:J
3:':">
16
In other words, if--take, on this recall, that if
Cl
z
17 :::i
they go with the speaker's amendment--
18 II SEN. HOLLOWAY:
Ii
19 II
1
Well, we've already moved on that and put it--we
20 I1I1
approved it going into Article I.
21 GOVERNOR BUSBEE:
22
Well, you said, approved it. You just said that we
23
were going to proveed as is. We're not injecting ourselve
24
at all and Loyce Turner can make the amendment himself on
25
the floor of the Senate. That's all we agreed to. We've
PAGE 26
not really taken any position except to tell Loyce that
2
we're not going to object to him making that ,attempt.
3
We're not endorsing; we're not condining; we're not dis-
4
avowing it.
5 SEN. HOLLOWAY:
6
I think, then, in this second agenda, all we need to
7
do is to give--is for this Committee to give us authority
8
to incorporate in the Article X bill a self-destruct in
9
the event this passes the Senate and we'll just hold it
10
on a time-basis. If it fails the Senate, we've got no
problem. If it passes the Sena~e, then we've got to get
a destruct clause in our Article X; isn't that correct?
MR. EDWARDS:
No. Put it in this amendment. Put it in the manda-
15 .0
tory retirement amendment .
Cl
o!
::>
16 'z" w
MR.
TIDWELL:
Q
Z
..:
17 ''""
Put it in John's amendment.
18 GOVERNOR BUSBEE:
19
You put it in John!s amendment, that in the event
20
it passes--
21 SEN. HOLLOWAY:
22
Well, what we could do, of course, we've got to
23
clean this up a little bit. That automatically sends it
24
back to the House. If it passes the Senate, then all we
25
U-
have to do is put a destruct clause on it in the House.
- - - ---------
PAGE 27
MR. TIDWELL:
2
AI, what would be wrong with, while you\re cleaning
3
it up, put the self-destruct clause in there?
4
SEN. HOLLOWAY:
5
See, it's after the fact if it passed the Senate. I
6
don't want to influence the judgment of the Senators re-
7
viewing that legislation any way as having the blessings
8
of this Committee.
9 MR. TIDWELL:
10
Czl 11 l-
et:
e. o "12 ~"' _~
SEN.
Well, I just raise this caveat. That if you do what you say. it's liable to get back over to the House and somebody's liable to forget that self-destruct on there. HOLLOWAY:
14 >-
<l-
1:
15 ~
"et:
::>
16 ~ "oz'
17 ~
Well, then, we all ought to be fired and fire a heap of folks we've got working for us around here. If we forget it. Well, that would seem to me that way to handle it and I think we can move this thing in the Sen-
18
ate right quick to get the feel of the Senate on it. And
19
if it passes the Senate--and of course we are going to
20
amend it in the Senate--if it passes the Senate, than all
21
we have to ask the House to do is incorporate the self-
22
destruct clause and we can do it and we're home free. If
23
it doesn't pass the Senate, our problem's over with. And
24
we have not unduly influenced the bill from this--
25 MR. EDWARDS:
n------------------------- ----------
PAGE 28
Well, let me raise one more point, Al, on that. Wha
2
you're talking about--this mandatory retirement things is
3
cleaned up and passes the Senate; gets back over to the
4
House with the self-destruct provision in it that says in
5
the event that Article X is ratified, then this mandatory
6
thing would be--
7 SEN. HOLLOWAY:
8
That's right. And then we move the whole Article X
9
somewhere until a point where we can incorporate this in
10
article x.
'z"
.. 11
....
'o"
MR.
EDWARDS:
a.
12 :
@r~
Well, we can move this into Article I, matter.
14 .>..-. MR. HODGKINS:
'<
1:
15 .~
That's what I was going to say. Couldn't we just
<..:>
:':":>
16 ~... o
amend it while you're amending it in the Senate?
Z
4
17 ~ SEN. HOLLOWAY:
18
Well, I don't know. Is it germane to the Article?
19 MR. EDWARDS:
20
Well, we've got the same problem as far as politics
21
is concerned that we've got with Loyce Turner's recall, 1
22
think.
23 SEN. HOLLOWAY:
24
Well, no, I don't. Because, you see, we recidified
25
the Constitution placing as best we could germane items in
PAGE 29
._------------------,
the proper Articles, all right, as best we could. So in
2
redoing Article X, we had to dip into nine other Articles
3
even after we recodified. So if it's any germaneness at
4
all to Article I, we could justify it. If it's not, we
5
can't justify it because we spent a year or two just re-
6
codifying. And now we're uncodifying our recodifying.
7 MR. BOLTON:
8
That's exactly what I was thinking. We're amending
9
it as we're trying to perfect it.
10 MR. EDWARDS:
Yeah. But at least we're getting these two Articles
that we're revising in the shape that we're trying to get
them into.
REP. SNOW:
Instead of just having a self-destruct clause in it-
in this--I mean if it passes the Senate--mandatory re-
tirement, why not also say, in the event that this is
18 II
approved and it shall be placed in such and such--or in
19 II
the event that Article X is approved and it shall be
20 II
placed as Section such and such in the revised Article.
21
Otherwise--and then also have a self-destruct clause in
22
there.
23 SEN. HOLLOWAY:
24
25 1L
Couldn't that be done, Frank? That would stop one process of amending Article X.
PAGE 30
MR. TIDWELL:
2
There, you're talking about puttting it in something
3
that might be and it might not.
4 REP. SNOW:
5
Well, but if it's not--if it's not, then it will go
6
on and pass. It just goes on and becomes an amendment to
7
the present Constitution.
8 I, GOVERNOR BUSBEE:
II
9 II
You want to say something, Marty?
10 MR. HODGXINS:
lz:l 11 ....
0:
o Q.....
@;i
I just was going along with, Frank, that while we're cleaning it up, wh~ don't we just put it in Article X right now?
14
;
~
REP.
SNOW:
<0:
:x:
15 .:>
l:l
It has nothing to do with Article I.
0:
~
16
~
'Cz"l
MR.
HODGKINS:
17 ~
There are a bunch of things on Article I.
You don't
18
have to be forced to retire--
19 GOVERNOR BUSBEE:
20
Yeah. That could come under the Jill of Rights.
21
Why don't we just provide in here that it be in Article I
22
if it passeS1 put the amendment on it. If it passes, let
23
it go. That would be the simplest thing and not--any
24
objection to doing that? Or is there a motion that we do
25
that?
/
/
PAGE 31
MR. EDWARDS:
And then you're forgetting about the self-destruct
thing altogether?
GOVERNOR BUSBEE:
Just provide that in the event, you know, AI, when
y'all put it in the Senate, that it be put in Article I.
I
7 II SEN. HOLLOWAY:
II
8 II
Right.
!,
ii
9 :1 GOVERNOR BUSBEE:
"
10
Let's make that in the form of a motion.
"z
11 I-
o0:
"w-
12 ~
~~~~)~\)~ 14 ~ lv..>: J:
15 ~
"0:
:>
16 ~ "Cz'l
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17 ~
JUDGE SMITH: I move.
REP. SNOW: Second.
GOVERNOR BUSBEE: All in favor--any
say aye. (A chorus of
discussion? ayes.] All
If not, opposed?
all in favor [No response.]
lR
It's unanimously adopted. Anything else?
19 MR. HODGKINS:
20
Th~re's only one other thing and that was--we had
21
talked about recreating a commission--a special commissio
22
to incorporate amendments just like this. Frank and
23
Charlie and I kind of got together and drafted some stuff.
24
Do you want us to go ahead and introduce that?
25 SEN. HOLLOWAY:
PAGE 32
What we should have done when we were recodifying
2
is added another Article--a catchall Article. That's
3
what we should have done.
4
GOVERNOR BUSBEE:
5I
Well, what Marty is saying, should we have one of
II
6
the committees that we did when we passed the Constitu-
7 III,
tion recodification that would allow them to recodifv any
8 i" i
II
changes. I think we ought to go on and get some vehicle.! i
9 [I Ii
it thf I think it was myself and--who was'it on that? Was
10
Attorney General and Secretary of State?
z"
11
l-
oet:
REP.
SNOW:
0-
w
@r l12 ~
I move that we do so.
GOVERNOR BUSBEE:
14 ~
<l-
:r
15 .:>
"'::":>
16 ~ ozw <
17 ~
Okay. It's moved that we have the same type codification special commission there to recodify any constitutional amendments that are passed, to make them consistent with the action we're doing on these two Articles.
18
Second?
19
JUDGE SMITH:
20
I second.
21
GOVERNOR BUSBEE:
22
It's seconded. All in favor say aye. ~A chorus of
ayes.) Opposed?
II 24 I'
then?
l25 M._R_._E_D_W_A_R_D_S_:
[No response.] _
Can you ge~ it drafted
PAGE 33
Right. Do you want to decide where it's going to be
introduced right now--in the House or the Senate?
SEN. HOLLOWAY;
well, we'd better get it in the Senate because of
the seven-day provision.
GOVERNOR BUSBEE:
Right. Go ahead with the Senate and just give it to
Al. Any other business? Is that all, Marty?
MR. HODGKINS:
10
Yes.
Czl 11 ...
et:
.oQ...
12 ~
(~~ ~;~!J~ CI/""". ~
GOVERNOR BUSBEE: If not, we're adjourned.
[Whereupon, the above-entitled
proceedings
were
adjourned
14 .>.-. at 4:05 o'clock, p.m.]
~
:t
15 .:J
-000-
Cl
'"::l
16 .Z..
C E R T I F I CAT E
oz
17 ~
I hereby certify, as the court reporter, that the
18 II
'i
19
II il
Ii
20 I
statements that appear in the proceedings were taken stenographically by me, and thereafter reduced to typewriting by me, and that this transcript is a true and
21
accurate record to the best of my ability.
22
23 I
II
24 I
25 I
IL_
DARLENE F. AKINS, CCR
Notary Puhlic, Georoia, Slate at large My (."".,'.,.,,,," Expires ""J:). 3. \980
INDEX Committee Meetings Held on Constitutional Revision
Select Committee Meeting Held on Feb. 15, 1978
SELECT COMMITTEE MEETING, 2-15-78
Proceedings. p. 2
ARTICLE II: VOTING AND ELECTIONS SECTION II: GENERAL PROVISIONS Paragraph IV: Recall of public officials holding elective office.
pp. 5-21
ARTICLE III: LEGISLATIVE BRANCH SECTION X: RETIREMENT SYSTEMS, and
ARTICLE VIII: EDUCATION SECTION VII: EDUCATIONAL ASSISTANCE. pp. 2-5, 21-31
H! TING or'
SELI:CT emu,1 r TTl~J': ON CONS'!' J TUTl O~J1'.!, REVIS 1 ul~
1'J(~<1JIE'sday, J1.11 y 11, 1979 Governor's Office
MEMBLHS PRESENT Governor BusLee Charles Tidwell, Executive ~uunsel Speaker Murphy .rudy!..> Deen
1 Attorney General Bolton Senior Judge Calhoun Senator Hollo't;ay Representative Connell Senator Overby Representative Snow !1EHBLRG ABSLNT Lieutenant Governor Miller Chief Justice Nichols
11 l" h/I I'
... 1"''',lli'l( KII'ul: I i',(;
, 1.'-lI.IS2 " !' :, i' I I, \ I I( ,"J'> - I I ) :', \ ! '. I II \
',I I,ll' I,
" \1; I, 2
r
GOVERNOR BUSBEE: 1 ' m going to call the meeting to order
! and I'll ask Charles Tidwell, if he would, to call the roll.
I
I
MR. TIDWELL: Governor Busbee?
I
I
1 'I
GOVERNOR BUSBEE: Here.
II
< [I
MR. TIDWELL: Lieutenant Governor Miller--he's not here;
III
(0 Ii: he sent word that he could not be here.
I:
..,
I.
,i.i
Speaker Murphy?
I
t\ i'
SPEAKER fWRPHY: Here.
'I
MR. TIDWELL: Chief Justice Nichols--I believe they're
III holding court today.
I I ,.
"(l
c
Judge Deen? JUDGE DEEN: Here.
MR. TIDWELL: Attorney General Bolton?
ATTORNEY GENERAL BOLTON: Here.
I ~ -' '." .,
Ih "
'~
()
l.
- " I
::1
I,
MR. TIDWELL: Senior Judge Calhoun? SENIOR JUDGE CALHOUN: Here. MR. TIDWELL: Senator Holloway? SENATOR HOLLOWAY: Here.
I"
MR. TIDWELL: Representative Connell?
,.
2(1 " I'
REPRESENTATIVE CONNELL: Here.
21
MR. TIDWELL: Senator Overby?
,,
SENATOR OVERBY: Here.
MR. TIDWELL: Representative Snow?
REPRESENTATIVE SNOW: Here .
'oj
1 1 1 1
1 1 1 1
1 1 1 1
1 1 1 1
1 1 1 1
1 1 1 1
1 1 1 1
1 1 1 1
1 1 1 1
1 1 1 1
1 1 1 1
1 1 1 1
1 1 1 1
1 1 1 1
1 1 1 1
1 1 1 1
I
HR. TIDI.-JELL: TIHC' are two absent.
GOVERNOR BUSBEE: You were mailed a copy of the minutes
"I
of the last meeting of the Select Committee which was held on
: January the 4th, und I'd entertain a motion regarding the minute
1\
I:
[Hotion made from commi ttee member.]
ii
I f)
A motion was made; is there a second?
!---
I ...,
..,
.--.
I
- -.
1--
1
r~
r-~
7I
[Motion seconded from a committee member.!
~ Ii
Motion m~de and seconded; is there any objection?
I,
IQ
ii,
[Negative response.]
I
10
If not, the minutes of the meeting of January the
"z
.. J I ~ 4 th, 1978, are approved. o
."
12 :
Let me kind of give you an overview of things that
/~,-'!iYf{1\
~
~~~J(!'!"~' ~ have happened since our last meeting on ,January the 4th, 1978.
_..
14 >-As you recall, Article II and -- which was on the election
!;;
<:
T
15 .~ franchise; and Article X, the retirement and scholarships, which
l'
,~
OJ
Ih [were approved by the General Assembly at the 1978 session, sub-
o
T
17 ~stantially as they were submitted by the Select Committee, were
r~
I ..,
I~
rI ~
,--.
,"< i defeated in the November, General Election.
I, III
I think there are two things I'd like to say about
:n that. One is the need as we come out with these Articles,
~I I! better public promotion of the Articles by the Select Committee
II
!.: and we discussed this, I think, some of us individually, and,
I.
I
.
Ii !3 of course we don't have all the problems on the next genera 1
Ii 24 election we had than the last one as far as the number of con-
I,
,<; IiI 'stitutional amendments. The House, and the Senate are holding
I
"\1 T 4
down the amount of constl tutional amendments, and I think we
If
.,
i~
I!
will
be
able
to
focus
in on
these
and
all
of
us
promote
them a
i'
.~ II lot better than we did in the past .
I
4I
But, the promulgation and the promotion of them, I
5 think are very important.
I'
The efforts though, that we make, and that the
i Articles Committee make are really not going to/beneficial, and
IF the legislature makes when they adopt them are not going to be
(I j beneficial unless we come up with an overall program to promote
\ll the passage, and I think we're 90in9 to have to do thi s next
"
11 2 November.
o'"
."."..
1; ~~
We had the resignation of Marty Jodgkins which was
~:~~~~ ~ ~VJt . on May the 1st at the creation of the nominating committee which
--
14 ~ consisted of myself, the Lieutenant Governor, the Speaker, the
",(
15 o Attorney General and the Chief Justice, and that's about the
":'.">
16 ~ status of everything that I know that has happened since we last
az
,(
,., ;; me t.
IX II
Now, we had previously set an agenda when we origin-
I II) ally organized, and subsequent meetings, as to which Articles
,n I tha t we were going try and pass in 1980 in the general elections
~I ! and which ones would be in 1982. Now, we have met with some of , , our staffs, and some of the Select Committe and their staffs,
:.1 concerning the priorities we had, and I would like to make one
suggestion after talking with some of you individually, and that
is, that we change what we had initially done with the judiciary
J
J
]
-l
r """I
r'-l
11 .
" rather than trying to po :,s that at thi 5 se ssion, when I don't
I:
1
,
IiI,
think
we
can
--
there
i~;
anyway
that we
can
address
the
judicial
Ii
; and pass it at this session of the General Assembly in the way
-l II of a constitutional amendment with what we've had in the past
1
:i
5 ! and to realign that and give about an equal amount for 1980 and
6 1,1982, and put that -- and for us to work on next year.
ii
'I
7 II
Now, if you did that, that means -- in this session
~ !Iwe would be resubmitting Articles II and X, which failed, but, ,I II
o Idon't know of any change that anyone has even proposed any of
),} those
has there been?
) I ...
..~
o
c..
Has anyone proposed a change? [Negative response.}
Anyway, if we could just resubmit those and the wor
;:is already accomplished as far as this Committee is concerned;
~
<x
15 'the Legislature will have to readopt it, and then submit them t
()
16
""0I'
:::,
the
people.
o.,
Then we would stay right on schedule on Article I,
11 f,the Bill of Rights; Article II, the Legislature; Article IVane
Article V, the Constitutional Boards and Executive. Then the 19 judiciary would be deferred along with the taxation, education,
20 ;and local government for 1982; that will give us two years in
;which to work on that, plus, from now until the General Assernb 1
SENATOR HOLLOWAY: Tom, I'll go on and get my Articles
started in the Senate and you can --
GOVERNOR BUSBEE: You are referring, Senator Holloway, '~:your Article--you're talking about you will get Article X star'
iI ....
I' \' I 6
If in the Senate; is that r.iJht or --
I
SENATOR HOLLOWAY: I think we go on and get them --
i
GOVERNOR BUSBEE: And, you'd get Article II started
I
I! the House the same as be fore. ,I
!'
S I:
SENATOR HOLLOWAY: I think that's the way we did it last
i ~, i time.
I III'
GOVERNOR BUSBEE: I think that's what you did also.
!I
II
~ :1
Is there any objection to doing that; there's no use
n
Ii
II in us going back
to an Article Committee
is it,
just -- we're
ready to go with it?
..<)
II ... e<
SPEAKER HURPIIY:
t')
We're ready to go with it.
~
I.' u
'1;.'V..
.h
l1\
...
GOVERNOR BUSBEE: Speaker Murphy says we're ready to go
(\.f~;.;;.~)r~:!'.!'
" :/1
~with
Article
II,
and
you
will
have
Article
X in
the
Senate,
---
14 :: Sena tor Holloway.
., l~' c,
What's the observation of the Select Committee as
:J
IG 5" far as -- I've discussed this, I think, with four or five of a
\ -,
,(
~you
and
I
think
that's
about
it,
about
the
schedule,
would
you
\:-; have -- Wayne, this addresses you and others that have worked
19 on this in the judiciary, but, what is your feeling, Mr. Speaker?
.'()
SPEAKER MURPHY: I personally think it's a proper approacl
.' I the way we ought to go at it. That's the only way we're going
to get it done. I'm in total agreement with you. It would be
absolutely foolish to take up the judiciary article. SENATOR HOLLOWAY: I think also, the tax one, Mr. Speaker,
GOVERNOR BUSBEE: 'I'll ~ tax was already scheduled for 182.
SENATOR 1I0LLCMAY: 111 , it is?
GOVERNOR BUSBEE: Right.
SENATOR HOLLOWAY: Good.
REPRESENTATIVE SNOW: I have a sub-committee that is pre-
h sently working--three members of our Commission that hopefully
Ii7 will be able to make a report back on the Judicial Article some-
8
I
I
time
this
year,
but
that
will
have
to
be
submitted
back
to
the
I
I9 Commission, but there is so much diversity of opinion on the
10 various subjects of the Article that we could possibly buy it by,
"z
II ~introducing it. We would destroy the likelihood of passage of
"I-'
'w
~" tany other Articles, and there is, of course now, 1 must say thati
I-
~t the Speaker, 1 have advised him, hopefully thac he would not make
I
~as many off the cuff remarks about it next time
,<"
[
15 .~
SPEAKER HURPIIY: 1 still the swee t old boy I I ve always
"
!':"'
If> been.
o
l
<t
17 ~
REPRESENTATIVE SNOW:
So, he's assured us of his better
l~ I cooperation.
I IlJ
GOVERNOR BUSBEE:
Well, you know, if we are able though
20 ito focus in on these and do the jobs you did on II and X, -- well,
21 1 think those are well written, we had an educational process
\,
2-:' II linvolvement and we had some support, even though they were defeate
23 Iwe had the support for them.
I
I
people being against them.
It had nothing to do with the
But, these others, we can address anc do a good job
:siU.". 2S4'1_ .
jI; j j UP iii; p! .Ii
:r
:Ion and sell -- if we can : ~ll hal.f of this consli tution we'll
I'
ii
~")
II
i:
be
able
to
complete
this
thing
in
the
next
two
years.
Otherwise
if we were to leave the Judiciary in and have a lot of, you know,
discussion on that and it would go down the drain, the whole
constitution goes down with it.
And, I just feel if we can take half the constitution
.,
I and pass it this year, the people in November -- this next year,
that we will be able to go with it.
,) 1:1
SPEAKER MURPHY: In fact, it's mandatory that we pass
at least close to half of it this time and get the people to
..,
7.
,JI ~ adopt it because we're going to have a hard time in the House
."o.-.
~ and Senate both, holding off these constitutional amendments .~ ..
L
~ four years in a row unless we make some substantial progress;
isn't that right, Senator Holloway?
o
't r
- 1< '~
SENATOR HOLLOWAY: Governor, I seriously believe we coulo
"IX
~
Ih ~probably go with most every Article with the exception of the
o
l
17 ''"" home rule or the local governmen t and the judiciary. The onl y
I lq thing you're doing to the other Articles is taking out the ver-
I, ll}
':; IC".", ; ~ ,
bage or the statutury -- there are no s-ubstitive changes, but,
'i
?o I, you recall in '76, the only problem we ran into then in the pas-
I
; I II, sage of that new constitution that didn't make any substitute
II
changes was the area relative to home rule, where we did have
to make substi tute changes, and the Mayor of Atlanta and -- wer
opposed to the whole constitution; and, I think that's going to
1
..) ., be our trouble ayain--the home rule section and the judicial
1
-----,.j" .---- .~.... _~. - .. - - . - . . - - - - - - - - - - - - - - - - -..._.:..'"E....~_'!"'."".'!".1" - '1 ~.......
Ii article . The rest of the", I think, will go.
, II
GOVERNOR BUSBEE: If we come up with half of this con-
I;
I stitution we'll have six articles, and I'm asking Charlie Tidwell
.~ I to Zerox tha t--the schedule that we adop ted be fore wi th the
shifting of the Judiciary, you'll see the balance. If we put I b Lall that on at this session and it goes on the balance, and you'r(
7 I able to hold down the other consti tutional amendments, we can
8 pass it.
q
SPEAKER NURPHY: How many did we pass--both houses pass
last year, very few.
"7.
II ~-
'I:
"..,I
12 ~:
(~(~6-Y~.:1~jt'.D/9f!/!!'!!"!!
~... the
--
.- I~).,
.:
GOVERNOR BUSBEE: Very fe\.y. SPEAKER nURPHY: I move that we adopt ~he schedule Governor has proposed. [Motion seconded from a committee member.l
that
GOVERNOR BUSBEE: The motion is made and seconded that we
":'">
16 !'"go with the schedule, and I'll hand out a copy to each of you,
.o7.
17 ~and we'll adopt this schedule.
I IX I
That means we'll have
in 1980 we'll resubmit
,
I
IQ I Articles II and X, Article I, Article III, Article IV, and
i
20 I Article V will be considered by the Article Commi ttee and taken
!'
21 p" up by the Legislature at the next session. We'll defer until
22 "next year -- the next year for submission to the people in '82,
23 Article VI, VII, VIII and IX.
I
Now, the 11l)Xt thing I want to bring up is the nominat-
.'" ill'! COllllllilll'I', <1llcl ['m going to calIon my Executive Counsl.d,
I' \' ,I 10
II'I Charlie Ti dwe 11, to repol. t on wha t they I vo been doing on our-
!/ ,I
behalf.
MR. TImoJELL: If the Committee recalls the methodology
on the other three Articles you were working on, was that the
Select Committee appointed the chairman of those three committee::
and then that individual chairman picked his own committee, and
there was nothing wrong with that in the results that came,
:~ because I think we had an excellent committee; but, as the think-
I
} I ing developed, when all the remaining article committees would
10 be constituted and would begin their work, we felt--and the
"z
" .~ Governor discussed it wi th some of the members of the Se lect :J >..
~Committee that a change in methodology might prove beneficial, .~-
r.
,~in tha t there wou ld be a coordinated effort to try and ge t as
I
~broad a representation of members on the Article Revision Com-
f t
I~)..,,mittees as would represent geographic distribution, ethnic dis,>
J~ ~tribution, representing various interests that ought to be on ()
1
1~ ~the various articles, not having duplication of legislative
I~ members on there, and that would have been difficult to do if
)'1 we had had six or eight different committee chairmen not doing
it.
21
And, that seemed to -- that idea seemed to meet with
,,.,the approval of the members that the Governor ran this idea by,
~.1 i so it would crea te a nominating commi t tee consi sting of the
I
21 II Governor, the Speaker, the Lieutenant Governor, the Attorney
-' I: , . i Genera I, and the Chie f Justice, and they, in-turn, de signa ted
I,.
,.
\ I, I'; 11
p-
II agents to really do a lot "f the nitty-gritty work for them
i, subject to the approval of their principal.
3
The Governor named Norman Underwood, his executive
~ secretary; after Norman left, Tom Perdue, Tom Daniel, and myself
5 kind of shared those responsibilities. Jim Pratt, Assistant
h Attorney General was the Attorney General designee; Lee Perry
7 'the legal aide to the Chief Justice was his designee; the Speaker
H had named Frank Edwards as his designee; and Lieutenant Governor
9 Miller never named a designee.
10
..,
And, these -- in addition these all of Frank's staff
II 2 continued--Frank Edward's staff continue to work with us and we
,"(,, .~.~. me t, 1 i te r a 11 y , hundreds of hours trying to come up with the
,.
;~proposition and composition of these Article Committees that
u.,
1
.;,:would represent who we thought should represent these areas of
.\ ::t
I:) .c), interests, and yet still have the kind of calibre of people that
";, Ih ~would be knowledgable and able to write an article of the con-
e>
.(
17 ~~ sti tution.
I~
You have before you the end product of that result,
JI
I
1'I we -- the designees wound up their work just last week, and then
reported back to their principals, then their principals adopted
the recommendations with a few changes, and I think we're going
to have maybe one here, in addition to that.
23
So, that was the methodology that we used and you
~
,"I
Ilhave
them here
and we
can -- all of
us,
I
don't know everybody
.~~.
!I III on
here,
but
I
think all of us that worked here collectively can
1'-
",\LI'; 12
perhaps answer any question that you might have of why somebody
, II is on here or why somebody was left off or why
, II
GOVERNOR BUSBEE, Do you have a l i st -- does everybody
,t ;1 have a copy of these?
5i
MR. TIDWELL: They all have it.
,I
SPEAKER r1URPHY: I don't have a question, but I have a
7 statement on the Bill of Rights--on number 17, Carroll Dadismon
,from the Columbus Newspaper. You know I appointed him to the
IQ finance and disclosure commission and his employers would not
10 let him accept that, so he very well may not be able to accept it.
"..
I I le<
MR. TIDWELL: You might say that none of these people have
()
.c...
.;...;been contacted, of course, because it would be premature for us
.:
~
~to ask them if they will serve, in the event the Select Commit-
I
.~, tee should see fit not to have one of those on there; so, gen-
r
15 ;~erally, we thought their availabili ty was there, Mr. Speaker,
":>
16 ~,0 but, we
we'll have had
r
~
17 ~you know --
some people that may have moved since,
18 :1
SPEAKER MURPHY: I offered him that and he wanted to take
II
)9 I'it and his employers would not let him accert it.
~(I
GOVERNOR BUSBEE: Let me ask, you've got a good point,
~I !;YOU know, since there's no way these people could be contacted
" 'IIahead of time to see, if they would; now, wha t if we approye, like
23
I rn the Bill of Rights,
the people that are on here,
and you have'
Ir14 ne like say, Carroll Dadismon, might turn it down, now, we need
2'; lito have the authority, I think, in the nominating committee to
13
III" fill any vacancy without coming back to the Select Committe~.
'I
I,I
JUDGE DEEN: I so move.
:1
.i
[Hotion seconded from a committee member.]
iI
~ I:!'
GOVERNOR BUSBEE: All right. The motion is made and
Ii
II seconded that on any Articles Committee that is appointed, so
'!
t> I you have a member that declines, then the nominating commission
I
can fill that vacancy or that spot without coming back to the
Select Committee, okay.
All in favor say aye.
1(1
[Majority responded with, aye.]
All opposed?
[Negative response.]
It's unanimously approved, all right.
How do you want to consider these, Article by Arti-
I~ ~cle or do you all just want to take time to read them. Let's
":>
11
1(, !; look at the Bill of Rights and see if you have any comments on
Q
"To
.
17 : i t . We can just consider them Article by Article if you want,
I~ '! the Bill of Right.s.
,"
III
While you are looking over the list, I do want to
Ii
. .,
ilI'
':ll commend all the people that worked on these recommendations, they
",
~ I !did literally spend hundreds of hours and he put it very kindly
:1
,, 'when he said that they were our agents.
...
-, .'
:1 ,i
JUDGE DEEN: I move that we adopt the Bill of Righ ts.
II'I
:~
,
JUDGE CALHOUN: Well, I second it.
"
:) :1,
GOVERNOR BUSBEE: Judge Deen, seconded by Judge Calhoun
14 ,. \ I :: recommended the nominatiun of the Bill of Rights has recommendec.
All those in favor say, aye.
[Majority responded with, aye.)
All opposed?
[Negative response.]
7
It's unanimous. Article--
Well, next it will be Article III, the Legislative
'I
. I:
Branch.
(0
[Motion to move from a committee member.]
"z.
11 ,e<
GOVERNOR BUSBEE: You move. Second? -- a nomination, I
I)
0-
(~:)~)r""- ~I~ ~'" don't think requires a second. That is a nomination to move.
~,.~
Is there any discussion?
'-
IJ ~
If not, all those in favor say, aye.
n
1:
15 .)
[Majority responded with, aye.)
,."".:~
111 I~
All opposed?
I)
Z
t
17 :~
[Negative response.)
r III
It's approved.
I III
Executive Boards and Commissions, Articles IV and V.
:n I
I
MR. TIDWELL: I'd like to make the comment here, we
~ 1 :qithought that those two Articles ought to be treated by one com-
~I
,, , 'mittee since they dealt with the same SUbject matter, although
, 1 they are two different Articles, and everyone seemed to kind of
~-1 I.' aq. ree. That wa s why they are toge ther, ra ther than havi ng two
~~ ;icommi ttecs working on two articles. Ii
J
15
SENATOR HOLLOWAY: The only thing I notice about this. one,
..,
!: I don't notice anybody from the Administrative Branch on here,
,. .J
i
~ Ii Governor. Certainly, I think you ought to have a close liaison
'J
Ii
1 IjWith the workings of this committee.
.J
~i
GOVERNOR BUSBEE: I'll tell you, I've looked at the list,
1
IiIi
6 I mean, and I've had in-put with it. I think you've got some
7 Ii good private citizens, legislators, but -- I'm not worried aboul
1
~ I: any balance, there's no department addressed in here. It would
i
~ i, be very difficult to just put a department head on it, I don't
..l..
)I) know
l
1
.-.~
_.-.
I J ..
o"
SENATOR HOLLmvAY: Well, I'm talking about from your stat
0-
w
~~~'t('#
12 ~ ~
GOVERNOR BUSBEE~ That's all right. I don't want anybody
.('. . )'')\
~~=-2/\r--' .E;: I
".,.....
~ ou t
f
0
my 0 f f l.ce
on
.t
1
. 'l ,..
MR. TIDWELL: Some of our thinking Why department heads
0{
r
I~ ~and constitutional officers weren't put on here, if you put one
"i.<
::>
IG ~.J) everybody would say, why can't, you know, I
o
7-
0{
I' ~
GOVERNOR BUSBEE: I f I'd ask anybody out of my of fice,
Charlie's observation is well put. I'm satisfied with it.
II
Is there a motion and a nomination?
r]
SENA'l'OR HOLLOWAY: I so move.
"'-.
[Motion seconded from a committee member.]
,,. '1
.... !
.~ :1
GOVERNOR BUSBEE: All right, it has been moved and second
~.' II:1 f or the nom. lna. tlon 0 f Artl.C 1e IV and V be approve d . All those
I :.1 in favor say, aye .
.' 'i I!
il
[Majority responded with, aye.]
r All opposed?
I [Negative response.]
3
It's unanimously adopted.
Okay. Taxation.
:;,
I
SPEAK ER MURPHY: I want to move to ~dd Don Casselberry
h the Taxation.
7
GOVERNOR BUSBEE: Let me kind of bring up something and
I
8 i!be informal on this; after the so-called agency gotten back to
'I~ the people on the nominating committee, the Speaker said he had
lU some understanding he would move to put Don Casselberry on it
':
!
'I ~now, this only brings up one point, unless there is an objection,
""
(t~~j1)\r'~.~'.!' ) ~ .~,
I 2 ;:c:1 wouldn't think of this, but, what about the Senate, you've
~'; got three Representatives and three Senators, does that make any
"=> " I ~ ~difference to the Senate, do you think you all are going to add ~t
J~ ~the one you've got?
",
16 .J
""
SENATOR HOLLOWAY:
Not with the numbers we've got.
SPEAKER HLJRPIIY: The membership of the Taxation mernber-
Ii-: i ship worries me right considerably, because a great, great
II III I majori ty of the membe rship of that Artic le mcrnbe rship is from
'large areas of the State. 1 don't think a constitutional majority
!
would pass this thing, that one worries me to some extent, I
admi t that.
I :~3 ! i
'I
II
GOVERNOR BUSBEE: Looking at the balance that you have
"'..1 IIi and a lot vf these people are representing associations like
I
~:; I,-- I think you have some balance to it, you've got, I mean
i
I
r-
1'\ ,I 1 7
,""I
11 like Ed Killorin, I kno~ he's from Fulton County, but he
i II
I, represents the Georgia Forestry Association; you haVe a lot of
II
,, --
" other people; but, let's act on your motion first.
i ...
You move that we add Don Casselberry--Representative
Don Casselberry to it. Is there a second?
I)
[Motion seconded from a committee member.]
All right. Motion made and seconded that this list
H I be amended to include the name, Representative Don Casselberry.
I
q :1
All those in favor say, aye.
10
[Majority responded with, aye.]
"
II ,.,.
All opposed?
..".,,)
~~0r~", .. '- _/ ,./,
J2 u
,.
7-
"V'
Jf
,..
,~......
'r
,- ~
.~
[Negative response.] It's unanimous. He's added, Don Casselberry. Any other additions or deletions?
[Negative response.]
f.(
:0
I (, 'z" a~ 7.
If not, all those in favor of the selection of the
<l
17 =Taxation Committee with Don Casselberry being added to it say,
Pi I,., aye.
,'9
:0
[Majority resJ)onded with, aye. ] All opposed?
:I
:1
I' ,~
[Negative response. ] It's unanimous.
23
All right. Education, Article VIII.
24 i
You know, let me just point out here, David Gambrel,
I don't know whether you know it, but he's the One that's done a
I'.\('J.; 18
il lOt of work; he qot no I tblici ty, no glory, anything, but as far
,I,
, I! as the coordi no lion between the pri va te colleges, the publ ic
:colleges, vocational education, and the proprietary schools, he
1 ',has done a lot of work than just turn in a report, and he f s nevE'
i!
~ !Igotten any glory out of it, but, I just thought I'd bring that
': ') :i'Ili to your attention.
JUDGE DEEN: I move it's adoption.
GOVERNOR BUSBEE: 110ve for adoption. Any discussion?
[Negative response.]
III
If not, all those in favor say, aye.
[Majority responded with, aye.]
All opposed?
[Negative response.]
Unamiousiy adopted.
That takes us to Counties and Municipal Corporations,
"":>
!" ~ ~
REPRESEN'l'A'I'IVE CONNELL: We were just discussing this
:>
Z
17 i<l __ Article IX make-up. You may want to consider to have some
lil ,Ito fall by the wayside, adding some small County, most of them
iIII'
I'J lare from urban counties and about three 0 r four smaller Counties,
II 2n , you may want to consider.
II
.' I II
GOVERNOR BUSBEE: Well what you're saying is in the event
!i
" II in which you wi 11 have some that turn us clown that they should
II'
:3 1:1 come from rural areas to give some balance.
:-! !I
:1 ~c 'I
~,'
Any other suggestions on that? SENATOR HOLLOWAY: I think it's real important that that
I'\I,! 19
Iil' be done, because it sure is
for that ~rticle, it's not so
!I bad on this other Article, but Counties and Municipal Corpora-
I
tions -- I think, Governor, you out to consider adding two or
l
! ' three more -- you haven't got but 14 on it--oh, I beg your pardu
24.
...,
GOVERNOR BUSBEE: Well, I mean people like, take Ray
Jackson, he's from Bibb County, but, I mean he from the Georgia
....
Tax Officials Association, and Merle Grathouse of the Sheriff's
'i I Association. Do you want to look, and there's no co~nitment
Jt) there as far as the Senators and the Representatives, do you all
,z"'
11 ~ want to make any changes there, you've got Senate and House
.o>...
(0:~))r~~!'!! ~ ~?-Y1J'd,
I : .~.. members there, but what do you all think about it? SPEAKER MURPHY: Our Representatives, we've got two from
",-~,/ 'j
I
-.-
H!~ Fulton and one from Richmond, we really need to add somebody
.,
GOVERNOR BUSBEE: \vell, can you aJ 1 get together, can
:'"0
n
If! :; you all just give us one more Senator from a rural area?
II
Do you want the book just to refresh your memory?
I"
JUDGE CALHOUN: Governor, I notice you have two people
J<} from Valdosta on here.
:0
GOVERNOR BUSBEE: One is from city government and --
.~...
'!
I
21
JUDGE CALHOUN: And, one is from the Area Planning and
1
,I
, , ,I Development Commiss ion, but speaking of a representa ti ve from a
,:
small area, Valdosta is not really too small, but James Beck,
who was a long time mayor, very active in the municipal associa-
"J.II
tion, and now I think he'd be a good representative.
"
Iii,
~J
I
I
(Several names of potential representatives were men'"
!i tioned amony the commi t teemen.)
GOVERNOR BUSBEE: We've had recommendations on Article
4 IX, that we add Senator Hodge Timmons and Represen ta ti ve Warren Evans.
All right. Is there a motion that Article IX, with
-; those two addi tions be ado:?ted?
I
"' I
SPEl\KER MURPHY: So moved.
I
II(J
GOVERNOR BUSBEE: Is there a second?
1C'
[Motion seconded from a committee member.]
II ....
a:
()
.".-. 1: :
~J~r'" j
I~ ..>.~ .-. <t r.
15 ,~
"
'~"
l(
10
2
.~
,~
.r,
17
Motion made and seconded. All 1n favor say, aye. [Majority responded with, aye.] All opposed? [Negative response.] Adopted. Now, with the selection of the Articles Committees
II I~ having been made subject to their approval and being filled by
i; 19 " the Select Committee where they decline, this brings us to the
~(1 il"'iP01. nt that I just stated about our Executive Director resigning.
I
~ I I'
Talking with the Nominating Committee, and I've had
,'
II"I
!: an
opportunity
to
talk
with
everybody on
it except
the
Chief
,, \
:i
.;1 !!Justice, I talked with the Lieutenant Governor, the Speaker and
II
.1\
,
.~ ~ I others on i t--the l\ttorney General, abou t a departure from some-
I
.~
,,; I
!thing. Rather than paying a young man like Marty who did a com-
t.
L ..
1\.
~;
i/. '
21
:r-mendable job on this; but ill the passage of this thing, we need
I somebody--some older mature person that can
that's had some
J experience there that could kind of bring ~iome glue to the
-t Article Co~nittees and some, I think, statute to them.
5I
We discussed the name of Robin Harris, serving not
I (, I as a paid director as we had before, but just with the expense I I I allowances as a co~ittee member would have, and then having
,!
fi
i:
II II
adequate
staffing--professional staffing
under
that;
and,
that
<) I was the recommendation that they made. I just want to bring
10 this--this is not something that's been discussed, and, I think
11 7.
I) ~ this is about the most important thing that WP will consider if (. 0. ~"'"' somebody will have the stature to get out and push the passage .~ ~of this, will give the time to do so, and has the ability to.
~Robin served when he was ~n the General Assembly and the Jud~
1
T.
Ij ~ciary that when we rewrote this, and he served on one of the
"
11,
"!:J
~ commissions.
He's had a lot of experience 1.n the area.
c
17 (~: ::1
Bu t, I just want to bring that to you; and, as I
said, I ran it by everybody other than the Chief Justice and I If} couldn't get him the day we considered it.
20
I just want to say this, Robin, if you are available
I
21 .1 now to serve on this thing, and I've had to be candid wi th him,
.,I
,... i
/', t.
: I said I have not run it before the full committee, but, I don't
I
want to do this and go through all of this formality if you werei
I to turn it down; he said, well, if they really wanted him, he
25 ,I would serve.
L ..._.
f',\ I; I 22
[Discussion among the committeemen. I
Well, let me ask you this, I don't know exactly how to
J proceed on this.
4
SPEAKER MURPHY: I move that we follow the direction that
~ you outlined by offering this position
GOVERNOR BUSBEE: Executive Director of the Select
Committee.
SPEAKER MURPHY: -- on the basis that you said for the
9 Select Committee, and staff it properly with people in our own
10 employ or whatever we need.
JI 12
. ~~;~f(~'1re~
I,
oI:~
GOVERNOR BUSBEE: All right. Then ~0uld it be in order
,n..,
::
:~
tha t'
as
far
as
--
we're
not
going
to
pay
a
salary
as
we
did
;.;
~~
before
,
to
include
in
your
motion,
Tom,
that we
have
to
fit,
you
I~ ; know, per diem -- the expense and per diem in lieu of a salary.
I:) '" .c.x,'
Could we let -- it's paid out of the legislature,
16 ~'" you, the lieutenant governor and myself, set per diem and salary
o
;
-'(
l7 ~ for the Executi ve Director in lieu of a salary.
IX I
Ii
SENATOR HOLLOWAY: So move.
II) I!::
I
GOVERNOR BUSBEE: All right. Would you accept that?
/:
~o Ii
SPEAKER NURPIIY: I accept that.
~J
I'
,I
:j
GOVERNOR BUSBEE: All right. It's moved by Sena tor
II Holloway and seconded by the Speaker.
i ., ~
I
SPEAKER MURPHY:
.\1 !!let me do something --
No, I don't want to second something and
JUDGE CALHOUN: I'll second it.
I:
GOVERNOR BUS BEE: S"conded by Judge Calhoun.
2
Any discussioll on this?
[Negative response.]
4
If not, all those in favor say, aye.
5
[Majority responded with, aye.]
6
All opposed?
7
[Negative response.]
8
It's adopted.
9
All right. The staffing now, is -- do we have the
10 quarters, what do we need to do with the staffing on this, we
'z"'
11 :; need some good people.
o.".".
12 :
@r='~
{Discussion among the committeemen.} As far as the space is concernco, we perceive that
14 I
; they have the necessary space.
x<l
15 ,~
'"x
::>
This presents the problem after we get Robin of
16 ~'" assembling this personnel, and I'm going to recognize Senator
z
<l
"
17 '"" 'Holloway, since I will be involved and the Speaker will be
1,
...
I ~"~ .
I ..~i .,~., , ii' ~.,
I ,: .;~ ,~ : -,
I~ II invol ved in this, and the Lieutenant Governor.
lY IIII
SENATOR IIOLLOHAY: Well, I think I would move that you
three be authorized to staff the office, but, I think we should 21 add Robin Harris to that group, because --
GOVERNOR BUSBEE: That's what that says, I think, it says
the Executive Director --
SENATOR HOLLOWAY: Yeah, yeah.
I
25 j 1. _
GOVERNOR BUSBlm: Read that, if you would.
"'.i ., sfc a us ass::: $ :Uii tiS::: "" !P4 a:e.: II! Ii 1455 I: 44'" II",,';;; JUlin:: I" j# alSi :IUiA: :I4IUJtijili;:::41 a
tiC
I AI; I, 24
11--- - SENATOR HOLLOWAY: Recommend that the Executive Director
"' II be authorized to assemble necessary staff personnel and fix
,/
.~ their compensation subject to the approval of the Chairman of
4 the Select Conittee, the Speaker, and the Lieutenant Governor.
5
GOVERNOR BUSBEE: The same as the other there for --
b
SENATOR HOLLOWAY: And, certainly with those of you can
7 keep the salaries in line with the legislative branch and what-
8 not, you know.
I
I
9
GOVERNOR BUSBEE:
It's
paid
out
of
legislative
funds
i
too.!
10
..,
The motion is made then
z
... II I
la-:
o
'"
SENATOR HOLLOWAY: Recommend that the Executive Director
~'" be authorized to assemble the necessary sta:; personnel and fix
I-
z
their compensation subject to the approval of the Chairman of
I
~ the Select Committee, the Speaker, and the Lieutenant Governor.
:<rt
15 ,~
'-'
'":~
16 ~
a'oJ z
17 g-1
GOVERNOR BUSBEE: That's the motion. [Motion seconded from a committee member.]
And, there's a second to that.
18
Is there any discussion on that?
19
[Negative response.]
20
If not, all those in favor say, aye.
21
[Majority responded with, aye.]
22
All opposed?
23 !
24 i I
25L
[Negative response.] It's adopted. Is there any other business that you know of that
___._c.u..........
~--------
---.------.---.-.~-
.. - . ~-..._------ ..
. '
.'
..
'
PAGE 25
needs to come before the meeting?
....... '
[Negative response.]
3
Can we talk just a ,little bit about getting the --
4 I mean 'the -- I know we need to get with Robin Harris and -- but
5 we can't afford to lose any time if we're going to have this sub,-
6 mitted.~t! the first part.o~~~e se~~ion.
7
Any suggestions on'a time schedule or any other sug-:
:8 gestion?
. . '-1 , ..
. , ~ .'
~
I
I
9
, SENATOR HOL~O~AY:
!'
~ell( I think one the main things you(!
,
are going to have to watch, there's a lot of duplication in this
We've got cur schedules pretty'
>-
~.
GOVERNOR BUSBEE: Well, this throws this over -- the
VI
~
J:
15 ~taxation goes over until -- you know, until after the next
l'
,
:'">
16 <~:l session as far as this constitution is concerned.
, ,1,
o
z
<t
17 ~
Any other observations?
18
"
[Negative response.]
19
If not, we will stand adjourned.
20 I
(Whereupon, at 3:10 p.m. o'clock, the meeting of the
21 Select Committee on Constitutional Revision adjourned.)
22
!
23
24
25
INDEX
Committee Meetings Held on Constitutional Revision Select Committee Meeting Held on July 11, 1979
SELECT COMMITTEE MEETING, 7-11-79 Proceedings. pp. 2-12 ARTICLE I: BILL OF RIGHTS.pp. 12-14 ARTICLE III: LEGISLATIVE BRANCH. p. 14 ARTICLES IV: CONSTITUTIONAL BOARDS AND COMMISSIONS
and V: EXECUTIVE BRANCH. pp. 14-16 ARTICLE VII: TAXATION AND FINANCE. pp. 16-17 ARTICLE VIII: EDUCATION. pp. 17-18 ARTICLE IX: COUNTIES AND MUNICIPAL CORPORATIONS. pp. 18-20
n-------IIi!
I
---------------~--------------
PAGE
-- -----------------------------------:
!
I
I I,
.' ,
\i
7
i)
1'~._I
STATE OF GEORGIA
SELECT COMMITTEE ON
CONSTITUTIONAL REVISION
'1,,'
,
Room 133 State Capitol Atlanta, Georgia
-,
Monday, December 17, 1979 2:00 p.m.
iT--~-___-
1 II PRESENT WERE: ,[
ii
"'I Ii .:.. II
COMMITTEE MEMBERS:
:11,
II
.' i
GOVERNOR GEORGE BUSBEE, CHAIRMAN
LT. GOVERNOR ZELL MILLER
1
SPEAKER THOMAS MURPHY
CHIEF JUSTICE H. E. NICHOLS
5
CHIEF JUDGE BRASWELL D. DEEN, JR.
ATTORNEY GENERAL ARTHUR BOLTON JUDGE MARCUS B. CALHOUN SENATOR AL HOLLOWAY
REPRESENTATIVE JACK CONNELL SENATOR HOWARD T. OVERBY REPRESENTATIVE WAYNE SNOW, JR.
SELECT COMMITTEE STAFF:
1 I ....
x. ::>
:l.
~
1.~ ~
) (\/~~~~St.V.ljJ/':)/1 /i~"\m,= ;~.:, ',_._~~-_/ / j 1 ,.
.'
.L
J5 ~
I..~
;:,
., 16 ~ w
., <~
[
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f'
ik
19
I
,~D
HR. ROBIN HARRIS MR. MELVIN HILL MS. VICKIE GREENBERG HR. MICHAEL HENRY
OFFICE OF' LEGISLATIVE COUNSEL:
HR. FRANK EDWARDS MS. CYNTHIA NONIDEZ
OTHERS:
MR. CHARLES TIDWELL MR. HAMILTON MCW}IORTER JUDGE DOROTHY BEASLEY JUDGE SYDNEY SMITH
!'1m. HAROLD CLARKE
REPRESENTATIVE ALBERT THOMPSON MR. THOMAS THOIillE-THOMSEN
21 I
n
PAGE 2
---------- "
I
I
\
i i
23
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LL.-._~.
.
..._._.
.
__ - ..---~-- - - -
,
__ I .
...... --- --_._-----------------'
PAGE 3
---------------------------------- - - I ~---------
PRO C E E DIN G S
l
I
l
~I
GOVERNOR BUSBEE: We're going to have a few that
I
i,l
I
I
;
i
'I
are
going
to be
slightly tardy because of the hearings upstairs i
Ii
,I ! but we'll go on and start and I'll call the meeting to order. I
The first thing, I'll calIon Mel Hill to call the
I
I
h roll at this time.
,.~
, ,I
MR. HILL: Mr. Busbee. Mr. Miller.
LT. GOVERNOR MILLER: Here.
MR. HILL: Mr. Murphy.
<:)
.: I I ~:
r.,:
'::1
~
. 12 a:: '~l
SPEAKER MURPHY: Here. MR. HILL: Mr. Nichols. JUSTICE NICHOLS: Here. MR. HILL: Mr. Deen.
'-
1
,.~J
'"':;:1
1., ~ a
z
'I 'I'
:g
JUDGE DEEN: Here. MR. HILL: Mr. Bolton. MR. BOLTON: Here. MR. HILL: Mr. Calhoun. JUDGE CALHOUN: Here.
MR. HILL: Mr. Holloway.
(No response.)
2'
GOVERNOR BUSBEE: He just walked out.
MR. HILL: Mr. Connell.
REPRESENTATIVE CONNELL: Here.
MR. HILL: Mr. Overby. SENATOR OVERBY: Here.
i I
____JI
ir-----
II
2 II
Ii
I'
3 I!
I"lR H}\.RRIS : Mr. Chairman, before we get into the
4 prepared agenda, I'd like to give an opportunity for just a
5 couple of minutes to Judge Beasley, who would like to extend
6 to the members of the Select Committee a special invitation.
7
GOVERNOR BUSBEE: Dorothy?
8
JUDGE BEASLEY: Thank you, Mr. Chairman.
9
I'm coming to you this afternoon as the Program
Chairman for the Judicial Convocation. The Institute of
z':'>
11
....
'Q"
Continuing
Judicial
Education plans
to
set
the
second Judicial
Q.
w
~~r~~ ~,.S.. VU~\
12 ~ Convocation with the Georgia judiciary in Athens at the Georgia
:-:
Center on January 28 and 29. Some of you know about it already,
i
-
14
>I-
t;,
because
you
are
going
to
be
speakers
and
are
going
to
introduce
1:
15 ~ others.
:'">
16 ~
It's going to be for two days, January 28 is a
Monday and Tuesday. The legislature, I am advised by
Ix Representative Snow, will be in recess. It will start with
19 a Monday luncheon and he will be the speaker at that time.
20
REPRESENTATIVE SNOW: Since I saw that, we may not be
21 recessing.
-,-,
JUDGE BEASLEY: You promised. At any rate, it ,,,ill
.,...
,
)
conclude on Tuesday afternoon in the middle of the afternoon,
so it will just take one night, but we would like very much I
c~, -" . for those that are on the Select Committee to attend if they
,L_~__.__ ~.
.. __.
~_....
. ._. __~ --_._-._-~-_. __.- - - - .--_._.....- - - - - - - - - - -. -.-- ----- .. --~-._.----~-------~
PAGE 5
11~~hether you're a judge or not, because it will give you an
,
:1
II
opportunity to see where the judiciary is going with regard
I,
3
II
il
to
the
Judicial
Article.
I
!
If you can attend the whole thing, we'll be delightedl
I
to have you, and you'll just have to let me know and we'll
make the proper arrangements.
-,
!
One of the unique things that they're going to have
actually two parts of the program -- the first thing will
<) a profile of the existing judicial structure insofar as we
10 .., are able to know what it is. We have been working on that for
z
11 ~ months and have not found anyone place where there is a
o
"w'"
(~~0r=!.'- ~ ~~
J2 ~ profile except through the National Center for State Courts, ;: so they will be presenting that part of the program. Also, we
\.:~~//)
I
~-- J4 ~ will have a cost analysis of the present structure, including
r
15 ~ what the state pays as well as the local governments.
:'">
j 6 .~..
Another unique feature will be that each administra-
::l
Z
17 ~" tive district will be
we'll have cross jurisdiction of all
18 the judges, which has not been done before. Perhaps this is
: ,)
the first time there has been a convocation of all the judges
20 . including the JP's and mayors and so forth, and we hope that
:?J . you will be there. ,)
I want to tell you how important I think it is for
23 you to see where the judiciary is coming from. I am now on
jury duty. Today is the first time in my entire life I have
25
PAGE 6
rr-------------- ------------------ ---- - ------------------- - __.- ---_._,---_._-~_._--~.~. Ii see things from the other man's point of view. If you will
2 II corne, you will understand a little bit better perhaps where
II II
3 IIIi the judges are corning from in regard to the judicial article.
Ii
4 .i
Thank you so much.
GOVERNOR BUSBEE: Thank you, Judge.
6
The next thing we had on the agenda was a synopsis
of the meeting of July 11th. On the back of your agenda is
a synopsis. You can glance at it now. If there are any q corrections to make, we'll hear them. This was sent to you.
10 Any corrections?
;J L
1! ,~ o <u>.-
12 :
~@ "~'"'~
(No response.) GOVERNOR BUSBEE: If not, this is approved. Now I'm going to calIon our Executive Director,
14 ~ Robin Harris, now to give us a general report concerning the
<
l:
15 ~ activities of the various Revision Committees.
':">
16 ~ w
MR. HARRIS: Mr. Chairman and members of the Select
o-z
~
17 ~ Cornrni ttee, at your meeting last July you determined that you
18 wanted to go forward with modernizing Georgia's Constitution
1Y ion an article-by-article basis and you set certain time
I
20 .tables.
\
To accomplish this end, you elected certain committees!
22 , to be responsible for different articles, chose an Executive
Director, and authorized a staff. Your directive to us, your
2\ . staff, and to the committees was that you wanted Articles I, 11,1
I ~~
:11,
IV
and
X
ready for submission to the
--------- --- - ----- -
1980 Session -o-f -th--e- -----~ ~ -~----
PAGE 7
~-Gen~ral
~sse~~;:-"Y-O-U-
------furthe
r
-d
--------. etermined
that
-VI---i Articles
2 II through IX would have a target date to be on the ballot i.n
3 II November, 1982.
\
4
Let me say that you could not have chosen a finer
:1
I
5 II group of Georgia citizens than the ones you selected on the
:i
'I
6
II
II
various
cOlnmittees.
They responded to the charge given to
"
7 11 them, have met as often as needed oftentimes at personal
x sacrifice, have debated the issues, and present to you
!i
I
')
11
!I
formally
today
the
results
of
their
efforts.
'-
10
CJ Z
Between August 29 and November 30 the committees
11 ~ and subcommittees met for a total of 1,183-1/2 man hours --
o
"-
v
12 "~' person hours, if you will -- and staff time of your staff,
~J.'~' ~ ~ ~ the Legislative Counsel's Office and Mr. Tidwell contributed
-_._'
;
14 ~ another 3,200 hours to this effort.
'<",
J:
15 CJ
Objectives sought by you were brevity, clarity and
('";.
:'"J
10 :'" flexibility. As to brevity, the six Articles in question a
?
<'
17 ''""' currently utilize 2,794 computer units in the Legislative
Counsel's computer. If adopted in the proposed form, these
19 ,I Articles would OCCU?y 1,279 computer units, or a reduction of
20 54%.
21
It is our belief that the work products alBo add to
clarity and flexibility.
The chairmen of the committees on Articles I, III,
,
, , I,
I
!
-t IV and V are here today and what I would like, if it is
agreeable with the committee, is to call on those chairmen to
I
i
---,---_._----~-----'
_ . _ - - - - - - ~----_._---
.- -----------------------P-A--G-E--8----l
I' outline to you briefly the contents of the Articles they
2 I supervised, respond to specific questions that members of the
I,
j
,
3 Select Committee might have as to particular recommendations,
4 and the rationale behind those recommendations.
5
Representative Thompson was Chairman of Article I,
6 !i Article III was Harold Clarke and Articles IV and V were under
a committee chaired by Judge Smith.
Now whatever procedure you would like to have us
follow, we'll be happy to follow.
10
GOVERNOR BUSBEE: Is there any objection to just
"z
11 ~ hearing from the Articles Committee Chairmen, in order of the
o
Q.
w
@ . . . . !12 ~ Article?
(No response.)
i
I
14 ,.. :;;
GOVERNOR BUSBEE: If not, we'll call on Representativ~
<
I:
15 ~ Thompson who was Chairman of the Article I Committee.
:':">
16 ~
ow
You want to come up here where you'll have a table?
z
17 ~
REPRESENTATIVE THOMPSON: Members of the Committee v
18 our idea in revising Article I was to retain all the basic
19 ! rights and benefits that the Bill of Rights has traditionally
20 had for the citizens of this state. I think we have done just
21 about that, because I believe we have retained almost every
basic right that citizens have.
I want to certainly express my appreciation to the 24 staff because without the type of backup that we had from the
_- staff it would have been impossible to do this particular job.
_...-.-------_._-- .- -_._- --~---_...
_ _._----_ -- -_.- -- ..~-------.--
_. ..... - - - - - - '
PAGE 9
We were not particularly assigned the Preamble, but
famil~ 10 thing in the Bill of Rights which would indicate that it is
z"
11
~
.'0Q"...
still
public policy of
the
State of
Georgia
to
retain
the
I
~~ ~ ~ ~.
1 ')
l~
u'.~".. as
a
unit.
So we added into the Preamble some words, quote,
ClOT''''O "the importance of the family If , and if I can find that I'll
I
I
14 ~I read it to you so you can see exactly what that does.
!
V"O
T.
15 ~l
"To perpetuate the principles of free
j5
,~
;;,
16 z'Xl w
government, insure justice to all, preserve
Q
Z
<>:
'" 17 'Xl
peace, promote the interest and happiness of
18
the citizen and of the family, and transmit
19
to posterity "
20
We added those four words Ifand of the family" to
21 indicate what the public policy of the State of Georgia is,
22 and that's the only change we made there.
23
Coming on down to
24
GOVERNOR BUSBEE: Let me interrupt just a second.
I
~
PAGE 10
11--Chang~-:~ i :~:~la~ned-:d i~--:~:e-~~~:y-question we' 11 _.~
:1
2 !i just stop at that point and then continue, so we won't have I
I
3 to go back.
4
I think you have heard the change that was made
5 there, to include the word "family". Is there any question on
II
SENATOR OVERBY: I'd like to ask, Mr. Chairman, what
8 I!ii was the reasoning back of that.
II 9
Ii
II
REPRESENTATIVE THOMPSON: A gentleman from Augusta
10 was very concerned about the deterioration -- that's the
11
~-
<>:
impression I
got -- of
the
family,
and he
felt
that by putting
o
8@-- ".". . "w"
5V
') 1_
~<>: those words
in there,
it would
be
indicated that
it is the
CJE;;;:J
r - - -r-
/
~
public
policy
of
the
state
to
retain
the
family
as
a
unit.
/
I
I
14
>-
~
think
it
went
even
a
little
further
than
that.
We're getting
~
<l
r
15 ~ a lot of single parents now, we're getting some families with
='">
16
~...
o
just
one
parent .
I think he really meant for it to go far
"-
<t
17 ~ enough so that that would be considered a family unit as well
18 I,:i as the traditional married couple with children. That was the
jl
19 Ii!I reasoning that he gave at the time that he requested that this
~n, 20 'il,I,' be placed and the committee bought his argument and his
21 I! discussion.
II 22 ~!
Mel, is that basically correct?
23 I
MR. HILL: He originally proposed that we put
24 1I1i something into the body of the text itseJf, to speak to the
~~ I: issue of family, and try to preserve and protect the family.
~---------_._--_._._--------- - - - - -
PAGE 11
l ~:- comm~ttee--r~al~;,~ith-~~th:-:hangein definition, they
II I 2 were a little hesitant to try to define what it is and put it
3 Ii in the Constitution proper, and this proposal to state it as a I
4 \1 general policy of the state that people recognize the
I,
i
I
5 1 importance of 'the family, whatever, in the Preamble. It seemedl
1
6 illike that would be a good place to state it as a general
7
1',1' 1
policy
without
going
to
the
necessity
of
defining
exactly
what
Ii 'I
8 !i it means. We did some research and we found that the Preamble
i!
9
r"I
it
has
never
been
cited as
controlling
in
case
law,
so we
don't
II
IO feel that this is something that's going to jeopardize any ..,
z
decisions of the court.
SENATOR OVERBY: That was my concern.
GOVERNOR BUSBEE: Any other questions?
(No response.)
15 .:>
GOVERNOR BUSBEE: All right, go ahead.
"."
:::>
16 .~..
REPRESENTATIVE THOMPSON: Due Process and Equal
az
17 :i Protection. Basically the only change we made here was putting
IS the equal protection phrase into Paragraph I of Section I.
19 There is, as I understand it, at the present time no reference
'20 to due process in the Constitution.
21
There's one other thing that we did with that
~ 'I,
"-~ 'I particular section and that was to indicate that there could
'i 23 Ibe no violation of a person's civil rights based on race --
24 :'1iand the change really is sex, etc. and religion and so on.
!,
25 I'I ,This tracks basically the language of the 1970 Constitution,
. LL_~_~~._~
~_~
~_______________
--i
-----l PAGE 12
r ---------------------------------------- -----------------------------------_.-
11 which the Judiciary Committee got through the House of
2 II Representatives in 1970; i t was drafted in 1969, it passed
.
3 II,I the House of Representatives at that time in that particular I
4
III
I
form.
It didn't get through the Senate.
5 I
Those are basically the changes in Paragraph I.
!
6I
GOVERNOR BUSBEE: Any questions on that paragraph?
JUSTICE NICHOLS: I have one on that. As you say,
8 we have no due process clause in the Constitution, but under 9 the protection of the property of citizens the books are full
10 of cases and when we have, it's true, the equal protection
~
"z
11 ~ clause giving it the same treatment. What I am concerned about o "w-
12 ~ now is if we put this in the Constitution, people are protected
~"-'" ~ now certainly by their constitutional rights in the federal
14 ~ court but with the work and the caseload that we're having now, <;; :x:
15 ~ we're trying to divide it up, can anybody be accused of being a: :>
16 '~" a Pollock, he's got a case now coming directly to the Supreme 7 <
17 ~ Court, he was fired because he was a Pollock. I just use that
]8 as Ii an illustration. Sex, or anything else, we've got all these
19 III cases now coming to the Supreme Court and it'll just be an
20 I!I influx, overwhelming as I anticipate.
I
2] !
MR. BOLTON: Mr. Chief Justice, we're adding sex in
22 here, is this an ERA amendment?
JUSTICE NICHOLS: It sounds like it to me, I don't 24 ; know, it looks like it. I'm not unalterably opposed to ERA --
MR. BOLTON: I'm just trying to know what we're doing,
4 II'i, sex. I just have no objection to that, I think that everyone's
I s IIi' civil rights regardless of race, religion, sex or what-have-you,
6 ,III'I ought to be protected.
I
Ii!
!
7 Ii
JUSTICE NICHOLS: I think they are being protected,
I:
'I
8 " that's my point.
Ii
9 II
GOVERNOR BUSBEE: I'm not trying to bring up an
10 argument on ERA right here, but I have been asked for me to
~
11 ~ construe it and of course I'm in the wrong branch, I can't,
..:'
"-
12 "~' but I think under the current provisions of the Constitution
~~~/"~~ ~ ~s~,
~ you have already held that you can't discriminate because of
14 ~ these reasons. But I think the question is, you know, with
~ r
15 .:, ERA and things that have already been voted by the legislature
-'
'.":>
16 ~ that are considered by them, is this going to bring that up,
cz
I!
-<
g;
Albert?
What was the committee's feeling?
ItVu
REPRESENTATIVE THOMPSON: The committee felt this
19 !was proper and appropriate and they did not go into whether or
20 ,not this could be construed as an equal rights amendment, it
I
21 ,i was not discussed in that particular light. Some people would
22 construe it that way, but the words are plain, they're simple
23 :!and if that makes it an equal rights amendment, I just can't
24 see anything objectionable to it. If we're doing it anyway,
2) 'what's wrong with saying that we're doing it?
I
---------------_. ------- _ _.. - '
r,-. --- lPAGE 14
2
:~;:::::B::~LE::::::a:: ::~:-:-:-:-:-m-e-nts that I
3 II have heard from many members of the General Assembly in
I
4 II opposition to the ERA amendment is that we want to do it on ,
5 il the state level, and it appears to me that's what we're doing I
6 Ii, here.
II
ilIi
7
SENATOR HOLLOWAY: I introduced a state equal rights
~I
8 ii amendment bill and both sides were very much opposed to it.
9
GOVERNOR BUSBEE: I'll be very frank, my analysis is
10 the same as what you just stated, I don't see where it brings
z~"
11 ~ it up at all, I think it's just a current provision of the .o0....
12 ~ law as construed in Georgia and this is not expanding that to
~ ~)r ~~ the federal level. All right?
14 ~
REPRESENTATIVE SNOW: Mr. Chairman, the first time
15 ~ we ever discussed this particular provision, at that time the
'::"> 16 ~lXl ERA was not even a matter of controversy in this country as far
az
4,
17 ~ as I know, I don't think it was.
18
GOVERNOR BUSBEE: Well isn't this the identical
19 language that passed the House?
20
MR. HILL: Yes.
21
MR. HARRIS: In 1970.
GOVERNOR BUSBEE: I don't think this ties in the ERA
-"~ ; at all, I think this is the identical language.
24
i 25 '!I: two.
JUDGE DEEN:
Mr. Chairman, let me make a comment or
I
I
Having authored Georgia's Woman's Jury Bill, hopefUl~
~~t-- 1
would not discriminate against women.
I PAGE 15
But the
I,
2
II
iI
Fourteenth
Amendment,
I
believe,
to
the
United
States
i
I'II
!
.~ !I Constitution says that no citizen shall be denied equal
I,
I
I
4 protection of the law. I don't believe it goes into race, sex,1
i
'
5 II national origin, religion, and so forth. Now I have no
I
I b \i objection to the race, national origin, religion or ancestry
7
II!II'
but
putting
the
word
"sex"
in
after
we
said
"and
of
the
I
family":
i,
I
8 :! in the Preamble, that we are promoting the family, there s a I
9 ,I United States Supreme Court case, Bell Terry, which ruled that \
10 two people of the same sex would constitute a family, not
'z-'
11 ~necessarily in that particular zoning case, but I would have
o
"w-
i2 ~ grave concern about putting the word "sex" in there even though
~J~ ~the ~SV~
~
majority of you may be correct but at this particular time
1
,4
~I with ERA,
this
would
be
doubtful
and
questionable
as
to
whether
':<r 15 ~or not we promote the family. Colorado has marriages between
:'"> 1(, a~> two of the same sex. lihether or not some federal court or
z:
17 ~some court could say all right, Georgia has put the words
18 absolute equal protection of the law as to sex, it could be
, (J
I J construed that -- hopefully not by Georgia courts -- but some
20 court could say two of the same sex could get married. So I
21 would oppose the word "sex" but I would have no objection to
: the words race, national origin, religion or ancestry.
23
GOVERNOR BUSBEE: The Select Committee at this time
24
I
I
can
propose
any
amendment.
25 ,
JUDGE DEEN: I would move to delete the word "sex" in
II.' .L-. __.__.. ._~_~~.~.
.~
.
r PAGE 16 ----------,
1 that particular paragraph I, leaving the rest intact, although
I,
:2 I"i it may not be --
I,
3 il'l
Ii
GOVERNOR BUSBEE: You made a motion to that effect?
Ii
4 ii
JUDGE DEEN: Yes.
!I
5 "II,I
GOVERNOR BUSBEE:
Ii
ii 6:
the
Select
Committee?
ii
Is there a second by a member of
II
7 :,
(No response.)
Ii
8 I"i
II 9 Ii second.
GOVERNOR BUSBEE: That motion dies for lack of a
10
Is there any other motion?
"z
11 .-
'o"
JUSTICE NICHOLS:
0-
~H
12 ~ whole thing be deleted.
@(~~~
GOVERNOR BUSBEE:
I would like to move that the Leave it
14 .>--
JUSTICE NICHOLS: Leave it like it was. I just
':<c
15 .:> don at think we can improve on the bill of rights.
"'"::l
16 ~
ow
GOVERNOR BUSBEE: The Chief Justice has moved that
7.
17 ~ Paragraph I be changed back to the existing Constitution of the
18 !i Bill of Rights.
19 II
"No person shall be deprived of life, liberty,
Ii
20
or property except by due process of law. n
il
21 "I,
Ii
Is there a second?
.:2 I'I
MR. BOLTON: Itll second it.
",..'
..;;,
GOVERNOR BUSBEE: The motion is made and seconded.
24 i Now discussion on that motion.
2) II! motion?
L,...
-- - --- --------
J Anybody care to speak on that _ ------
JUDGE CALHOUN:
PAGE 17
---------- --------------,
I'd like to offer an amendment to
that motion. Maybe this is not the proper time. There's
a change made also in Section II, Paragraph III which says
4 "Protection to person and property is the paramount duty of
5 IIIi government, and shall be impartial and complete." If we delete Ii
6 ",I the proposed change here, we ought to re-enact that change.
II
7 Iili Of course, I guess we can come to that.
8 II
GOVERNOR BUSBEE: We'll come to that at that
9 I'Ii paragraph if that suits you, Judge.
10
..,
JUDGE CALHOUN: Yes, sir
z
11 oote-
JUSTICE NICHOLS: That's my intention, and let me
0-
w
'-
@;:i say this, Governor, I'm not opposed to the ERA, I'm just saying we're already taking care of this and I can see just an
14
~
1;;
over-abundance
of
cases
piling
into
the
Supreme
Court
on
1:
15 ~.., frivolous cases, civil rights cases, just like I said awhile
IX
:>
16
~
ow
ago,
someone would
be
fired
because he's
a
Pollock and
then
Z
~
}7 ~ we've got a case coming direct to the Supreme Court.
18
GOVERNOR BUSBEE: Is there any further discussion
19 of the motion?
20
REPRESENTATIVE SNOW: Let me make one statement.
21
GOVERNOR BUSBEE: Representative Snow.
22
REPRESENTATIVE SNOW: I intend to vote for the
2J motion and I'm going to do it for one reason and I want to
explain it because I am very much concerned and interested in 25 IL,[' th.e re.v... ision of this Constitution, but I see that with _some _
PAGE 18
::::~~:~W::::~w::::-::~:::~:::~:::::,b:tm:::::e:::::::~:;~
the passage of what otherwise is a very good Article and good I
4 ' preparation, and I would hate to see it go down the drain in I
I
a general election because of some over-reaction on the part
() of some groups that were over-zealous. I support it for that
7 : reason though I don't believe it would have any real adverse
k effect as far as the interpretation to be made on it. I do
4 I think it could be misinterpreted by some groups in the state
1(..J and I don't want to give them any ammunition. .,
1J
GOVERNOR BUSBEE: Is there any further discussion on
"o,'."
~
J2 : the Chief Justice's motion?
@/'''''. ~
Yes, Mr. Speaker.
I ..;' >
SPEAKER MURPHY: He wants to go back to "Paragraph I.
~
<
T:
15 ", Life, Liberty and property No person shall be deprived of .~
';('
::J
J(, '~"' life, liberty or property except by due process of law." Is
z
~
17 ~ that what he wants to go back to?
i
GOVERNOR BUSBEE: That's right, the existing
I~ !! Constitution.
20
I JUSTICE NICHOLS, We've got case law on tbat, plenty
protect~o4. 2J i of cases have been decided interpreting that as equal
) ; The books are full of them.
23
SPEAKER MURPHY: May I ask the Chief Justice a
21
GOVERNOR BUSBEE: Mr. Speaker.
PAGE 19
~~- ~URPHY ,l I
- - -- -SPEl<KER
: The only thing, Mr. Chief Justice
, \\ those of us in the legislature and those of us who are going \
~ il to be charged with the responsibility of getting this thing
I
IIII
4 passed, and Mr. Thompson, I wish you would listen to me --
I I
5 II
REPRESENTATIVE THOMPSON: I'm listening, Mr. Speaker. i
6 i'Il
I
SPEAKER MURPHY: Very quietly and very carefully.
I,
7 'III We're going to be faced with the proposition of trying to pass !
II
I
8 ii this thing through the legislature by two-thirds vote and if ! Ii
9 !! we leave something out that's going to cost us 26 votes we've \
I
10 got a' big problem, and we're going to have a big problem with
"711 ~ the public in passing this thing if we leave some of this rot.
o.c....
12 : And that's a matter that I think this committee ought to
5 0\r~"'b~1)')\J~!"!."~/.,
."I
address
itself
to
because
what
we
do
here
is
just
a
first
step
14 ~ in a long process of passage. I think we all ought to keep
:I:
15 ~ in our minds, sir, the political realities of passing this
:'">
J()
'~" thing
a
not
only
through
the
General
Assembly
but
by
the
people
z
17 ~ and I think this language may have some great part to play in
that. And I am a vivid opponent of the equal rights amendment,
J9 as everyone knows, Mr. Chief Justice.
20
REPRESENTATIVE THOMPSON: May I say something?
GOVERNOR BUSBEE: Mr. Thompson.
REPRESENTATIVE THOMPSON: May I defend a position tha~
23 iwe have taken to some extent. I know I'm not a member of the i
Commission and I feel like I should be limited as far as what
I say --
.... ..
.
i
..
.
1
~--------
- - - - - - -- - - ------- ----~------------
PAGE 20
Ii
GOVERNOR BUSBEE: No, no, you go right ahead. We
:'. (IIi appreciate the work that you've done, you go right ahead.
i:
3 ,I II
REPRESENTATIVE THOMPSON: Speaking on what the
I
4 ! Speaker has just said, the suggestion that we do this came
i
5 : very strongly from the League of Women Voters. It was not
I
in the first draft that we did of this Article, this Section
7 I'm speaking now about the portion pertaining to sex -- the
8 ,: strongest request for;inclusion of anything that we have
9
!
I
within our Article
came
from the League of Women Voters
that
10 had to do with that one Article.
1J ~
u
o
cu, 1.2 ~
(~~~~,r~~
GOVERNOR BUSBEE: Any other questions? (No response.)
GOVERNOR BUSBEE: Is there any objection to ordering
14
>-
:;
the
previous
question?
~:
I
J S .:>
',-,"'
::::l
(No response.)
16 ~
a
GOVERNOR BUSBEE: The Chair hears no~e, the previous
7.
<
}7 ~ question is ordered. All those on the Select Committee in
18 favor of the adoption of the Chief Justice's motion to go with
19 Paragraph I as it exists in the present Constitution, raise
20 your right hand.
21
SENATOR HOLLOWAY: Question.
GOVERNOR BUSBEE: All right, question.
SENATOR HOLLOWAY: His motion was to delete the
I
I
24
recommendation?
I
________~~~_~~~~!~SB~E~__~e_~_=~:__=_~~_ re~~~=_~d~:iO_~_~~~~ J
PAGE 21
~ticle Committee and --
2 Ii
SENATOR HOLLOWAY:
I
I
And go with the present --
1
II .< I
J
GOVERNOR BUSBEE: And go with the present constitutit
II
<+ i That I s your motion, isn t tit?
I
ii:i
I
5 ,i
JUSTICE NICHOLS: That's right.
i
:1
(, ,I
SPEAKER MURPHY: Question.
I
:1
i
7, IIIi
GOVERNOR BUSBEE: All right.
8 II
SPEAKER MURPHY: The present Paragraph I or the
]1
9 II whole Bill of Rights?
10
GOVERNOR BUSBEE: No, just on Paragraph I. "No
"z
11
le<
person
shall
be deprived of
life,
liberty,
or property except
o
c..
t ~ ".:r'. by due process of law." That's the motion.
All right, all those in favor of that motion, raise
your hand.
15 ,~
' ':> e< :>
~6 ~
"'z"'
1/ :;;
(Votes were cast.) GOVERNOR BUSBEE: Five. All right, all opposed.
(Votes were cast.)
GOVERNOR BUSBEE: The motion is adopted, five to
J'J four.
20
All right, go ahead.
2J
REPRESENTATIVE THOMPSON: The next substantive
2:- i change is indicated in Paragraph II on libel. The paragraph
has been rewritten to cover civil as well as criminal libel
24 and clarify the effect of truth as a defense. The provision
25 I concerning the power of judges to grant new trials in case of
Li_.__ ~
.. ~~
~.
-~------~~--------- - - - - - - - - - - - - - - - - - - - '
PAGE 22
a conviction was dropped as being unnecessary in light of
2 Article VI, Section IV, Paragraph VI.
GOVERNOR BUSBEE: Any discussion on thatpoint?
4
(No response.)
.5
GOVERNOR BUSBEE: If not, go ahead. There's no
substantive change there, is there?
MR. TIDWELL: Didn't you jump to Paragraph V?
REPRESENTATIVE THOMPSON: Yeah. There are some 9 :1 other changes, I perhaps had better follow right straight on
10 through if I can the draft of the Article. Paragraph II and
OJ
Z
. 11
~.
'"C.I
Paragraph III,
Freedom of conscience,
we changed some
things
n.
'
17 ~; in there. For instance, the heading of Paragraph II is
(@Jr" : Freedom of conscience; the heading of Paragraph III originally
.,._.....
I.-l
on was also Freedom of conscience, but we changed that to
<:
1:
15 ':; Religious opinions and freedom of religion.
Paragraph II reads, nEach person has the natural
and inalienable right to worship God, each according to the is dictates of that person's own conscience and no human
19 authority shall, in any case, control or interfere . " What
20 we tried to do -- the only change we made here was instead
21 of saying nhe" and nhis", we used nthat person", we tried to
i ..... '1 1
put neuter gender in the thing so as to not reflect man.
Paragraph III -- I think these two are really :'4 , basically together -- "Religious opinions; freedom of
: religion. No inhabitant of this State shall be molested in ~
:.
.
0"_- __ .__._~.
.__~
- - - - - -. . - - - - - - - - . - . - ~ - -
... - ..---. ir--~- -----~
---_._--_.
PAGE 23
11 person or property or be prohibited from holding any public
I
_
II
:i
office or
trust
on
account
of
religious
opinions;
but
the
Ii
I
1
~ right of freedom of religion shall not be so construed as to I I
excuse acts of licentiousness or justify practices inconsistent
5 with the peace and safety of the State."
GOVERNOR BUSBEE: Any questions on that?
7
(No response.)
GOVERNOR BUSBEE: All right, Paragraph IV.
REPRESENTATIVE THOMPSON: We changed the language
iU "Liberty of speech" to "Freedom of speech and of the press
"z
t i ~ guaranteed. No law shall be passed to curtail or restrain
.oQ...
l ",
:,;
u
the
freedom of
speech
or of
the
press.
Every person may
~?Y-~\
(~~j))/'!C...;D :~ speak, write and publish sentiments on all subjects but
~:=~/I
";1 :: shall be responsible for the abuse of that liberty."
V>
<'
I
: 5 ~l
Most of the changes there were grammatical really.
~,
~
.~
i)
,.."
::
I
don't think that changes the substance.
,:;,
7.
':
,-"] C1
:I
..::l
GOVERNOR BUSBEE: Let me ask you, J. ust ~. n t h e '~nteres~I
of time, let me just ask if there's any objection to the
Committee's recommendation and if there's not, is there
20 objection to it being adopted by the Select Committee without
" having to go back through it.
stop.
JUSTICE NICHOLS: GOVERNOR BUSBEE:
JUSTICE NICHOLS:
There's one over in Section III. I
Well when we get to that, we'll I
Oh, I thought you were talking
______~
__ ~ ~_~.~
I I I
I
~~i
PAGE 24
rr------ ~--
-------~-------
-----------------------------------------, I
;i about the whole --
I
Ii
i
I,!'
2 :'
GOVERNOR BUSBEE: No, I'm just talking about --
.\ like we've already taken up in Article I, Paragraphs I, II,
4 III and IV. All right, now we've already taken corrective
5 ! action on Paragraph I. Is there any objection that we adopt
h the Committee's recommendation on Paragraph I as amended by
7 this Committee, Paragraphs II, III and IV?
8
(No response.)
GOVERNOR BUSBEE: If not -- the Chair hears no
;0 objection and they are adopted.
,1
Z
J j .-
Now we'll start that with V and 1 1 11 do that each
::
j 2 ~ time.
REPRESENTATIVE THOMPSON: Libel is the one that the
Notes and Comments -- what I was doing originally was just
15 ,~ going through the basic changes. That's the one that was ", '::">
16 ~ changed so that it applies to civil and criminal libel and it ,-, :z. <
17 '"-~ clarifies the effect of truth as a defense.
10
GOVERNOR BUSBEE: Is there any discussion on V?
19
(No response.)
i'
i
20
GOVERNOR BUSBEE: All right. There's no substantive
21 I change, is there? You have any concern about V?
,-,
MR. HARRIS: It has been moved from where it was.
GOVERNOR BUSBEE: I understand that. Is there any
objection to adopting Paragraph V on Libel?
(No response.)
PAGE 25
GOVERN;;BU~~EE: Th~ ~hair h~ars ~ none ,- t '-:- adopted .1
2
REPRESENTATIVE THOMPSON: Paragraph VI, protection
I
.\ of citizens, there are no changes in it except the removal of I
4 a period.
5
GOVERNOR BUSBEE: Any objection?
I
6
(No response.)
I
I
7
GOVERNOR BUSBEE: Paragraph VI is adopted.
REPRESENTATIVE THOMPSON: Paragraph VII there are
I
g I no changes, right to keep and bear arms.
I
IU
GOVERNOR BUSBEE: Any objection? Just renumbered,
V
7.
renumbere~. 11 :;; isn't it? o
I
w"-
12 ~
REPRESENTATIVE THOMPSON: Some of these are
/~...'-6--V-"I..' (j.,
;;;:
--
\'lI(.U_)-!-((\!\!'!-"" .. We thought that they were more logically
I
~~:-:J -
I
I
11 S
GOVERNOR BUSBEE: Is there any obj ection to paragraPhl
<\ 1:
[5 ~ VII as recommended by the Articles Committee? ~"
I
-'
11) r:;
'e.z.'
j 7 1;
(No response.) GOVERNOR BUSBEE: If not, it's adopted.
1i-5
Paragraph VIII.
19
REPRESENTATIVE THOMPSON: Paragraph VIII, Right to
20 assemble and petition. There is basically no change in that. I I I
),
._ 1
GOVERNOR BUSBEE: Just in the wording, I mean you
;1
22
I'
If
just
transposed
your
words
is
all?
I
REPRESENTATIVE THOMPSON: Yes, that's right, IIby
I
I
24 'I petition or remonstrance", we think that's a little better
I, I
I
location. lL._. . .. . .
- - . , - - - - - - - - - - - ------------~.-----.--~. - - -
~
rr-- -----~~--
!]
Ii
Ii
I
,
, i: ~, \!
"'
PAGE 26
-,
GOVERNOR BUSBEE: Any objection to Paragraph VIII?
I
(No response.)
I
i
GOVERNOR BUSBEE: If not, it's adopted.
Paragraph IX?
REPRESENTATIVE THOMPSON: Paragraph IX. There are
(-, ,i no substantive changes in Paragraph IX.
GOVERNOR BUSBEE: Any objection to adopting
g Paragraph IX?
<)
(No response.)
II)
GOVERNOR BUSBEE: Paragraph X.
iI
REPRESENTATIVE THOMPSON: Paragraph X, Right to the
,:->,-
,)
(/~"~',..~.-sJ-rv"<~~'''- ~'!!'.
~.
~.:.
courts. This one caused person shall be deprived
quite a bit of discussion. "No of the right to prosecute or defend
either in person or by an attorney that person's own cause
in any of the courts of this State." We removed the language
"or both". Justice Bowles felt that the language "or both"
was causing a lot of conflict and trouble in the State,
particularly in the appellate court because we have a situation
where a person was being appointed counsel as an indigent and
representing himself at the same time, and who was chief
counsel, who had a right to object, who had a right to direct
the case, who was principal counsel. All of that came into
question and we felt that by removing the words "or both", we
eliminated that question. The person could still be, at the
." discretion of the court, provided counsel to assist them but ._--".--. - - -
PAGE 27
he ~~~~~-:~~-~~.this conflict between who was ~hi~f counsel--l
I 2 would not arise the way we called ourselves redrafting this.
3
GOVERNOR BUSBEE: Is there any question about that? I
I
JUSTICE NICHOLS: Let me commend them on that becaus,
they did away with the Burney case that split us four to three I
f)
which said a person could represent himself and have counsel
I I
I
'7 too. You cause chaos in the trial courts.
i
i
I
GOVERNOR BUSBEE: I think what you've done is, under
') the present Constitution as interpreted by the courts, a
iO person has a right to counsel if he's indigent, he still has
"z
; i -3 this right. He has a right to defend himself, but he can't
::..-
;~;9Y!1,h
~
~ elect both and create what was caused in this case and that
r- ('~ ~" ... ...\\
\ I\ll'-_)j )
0 .. " ....0
~~
was
the
intention
of
the
Committee.
\ ....:~__ . .: / i , '
Is there any further discussion on this?
L
(No response.)
~
" J (, I~
oW
GOVERNOR BUSBEE: If not, is there objection to the
z
<
'C"D adoption?
(No response.)
19
GOVERNOR BUSBEE: If not, it's unanimously adopted.
Next paragraph?
REPRESENTATIVE THOMPSON: Paragraph XI. Searches,
seizures and warrants, no changes.
GOVERNOR BUSBEE: Any objection to adoption?
(No response.)
GOVERNOR BUSBEE: If not, it's adopted.
_. - - - - - ~._-----~-------_..
!~ -"
--', PAGE 28
Ii
Paragraph XII?
Ii
I" I
:' I:
REPRESENTATIVE THOMPSON: Paragraph XII, Benefit
I
J
II I:
of counsel;
accusation;
list of witnesses;
I
compulsory process; i
1 trial by jury. The basic change that I can recall in this is
5 that the defendant must be furnished with a copy of the
o accusation -- must be, regardless of whether he requests it or
7 not, and a list of the witnesses on demand. That's the basic
change in this paragraph.
GOVERNOR BUSBEE: Any discussion?
1U
(No response.)
u,
11 IX
GOVERNOR BUSBEE: If not, is there objection to the
(j
a..,
/- --- (\f~~~~?-'Y~!:-\:~3\J
12
enn",.
J adoption
=~~:
of
this paragraph? (No response.)
'------
14 >
rfl
<
I'
15 ~,, XII?
,-"
:J
1(l ~ ,~,
z~
[7 ~
GOVERNOR BUSBEE: If not, Paragraph -- what is that
REPRESENTATIVE THOMPSON: XII. GOVERNOR BUSBEE: XII is adopted.
REPRESENTATIVE THOMPSON: Paragraph XIII, Habeas
corpus. We took out the language -- or at least we added in
2(: I: the language from a previous Constitution. There was some
21 dispute here because I personally favored just saying that
n "The writ of habeas corpus shall not be suspended. 1t But the
':1:'.'' Committee in its wisdom thought that this was traditional
language Il unless in case of rebellion or invasion, the
public safety may require it. 1t And they added that to the
PAGE 29
fr---
i
habeas corpus provision.
..~
GOVERNOR BUSBEE: Any discussion?
l
(No response.)
I
GOVERNOR BUSBEE: If not, is there any objections to
Paragraph XIII on Habeas corpus?
(No response.)
'7
GOVERNOR BUSBEE: If not, it's adopted. XIV,
Paragraph XIV.
SPEAKER MURPHY: Can I ask a question there?
If)
,,
0' i I
J-.
('J
0..
w
! +~
~
...
GOVERNOR BUSBEE: On XIV or XIII? SPEAKER MURPHY: On XIII. GOVERNOR BUSBEE: All right, XIII SPEAKER MURPHY: Who is going to order it suspended?
JUSTICE NICHOLS: That's what I wanted to know.
1
1:) ~
<:J
"':
-:;'1 ,;;::
j (1 1
':l
MR. BOLTON: The Governor. GOVERNOR BUSBEE: All right, let's go back. Is there
!"1 '" objection to us reconsidering the action taken on the adoption
I>' of Paragraph XIII?
'0
(No response.)
20
GOVERNOR BUSBEE: If not, it's reconsidered. All
'I ,j right, Mr. Speaker .)
SPEAKER MURPHY:
It ought to say who is going to
suspend it in case it's suspended.
GOVERNOR BUSBEE: I don't -- you know, I'll be honest
:'~ , about it
I'm not supposed to express myself~-=,ut_=-_-
._ _1
I
iIr
----------------------------- ----------------
SPEAKER MURPHY: You go right
ahead.
PAGE 30
-i
II
) iI
SENATOR OVERBY: I have a motion to make on that.
Iii'
3 ii
GOVERNOR BUSBEE: Why don't we leave it like it is?
I'
4 I I don't quite see -- you know, this concerns me, to suspend
5 the habeas corpus like that.
SENATOR OVERBY: I have a motion, Mr. Chairman.
GOVERNOR BUSBEE: All right.
~j I
SENATOR OVERBY: I move that it be amended to read
:1
9 I "The writ of habeas corpus shall not be suspended."
\0
GOVERNOR BUSBEE: All right, a motion is made. Is
"z
there a second?
REPRESENTATIVE SNOW: I second it.
SENATOR HOLLOWAY: That's leaving it just like it
isn't it?
GOVERNOR BUSBEE: Right. Is there discussion?
(No response.)
GOVERNOR BUSBEE: If not, all those in favor say aye.
(Ayes. )
GOVERNOR BUSBEE: All opposed?
(No response.)
GOVERNOR BUSBEE: All right. Paragraph XIV.
REPRESENTATIVE THOMPSON: XIV, there are basically
no changes. "No person shall be compelled to give testimony
tending in any manner to be self-incriminating."
GOVERNOR BUSBEE: That's just language I think. Any
--' n----"--~--~-"----------~--
--~
----------------
1 IIII question on XIV?
PAGE 31
2 il
(No response.)
'I
3 \1
GOVERNOR BUSBEE: If not, is there objection to the
adoption of XIV?
i!i
"
(No response.)
t)
GOVERNOR BUSBEE: If not, it's adopted.
7
REPRESENTATIVE THOMPSON: Paragraph XV, no chage.
GOVERNOR BUSBEE: Is there any objection to
adopting XV?
10
(No response.)
11 ~
GOVERNOR BUSBEE: If not, it's adopted. XVI?
o
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5 person
REPRESENTATIVE THOt-1PSON: shall be put in jeopardy of
Paragraph XVI. life or liberty
II No more
than
. ,,,"//.Fl
" ~ once for the same offense except when a new trial has been
<-( 1:
15 ~ granted after conviction or in case of mistrial." We just
:':"> ]6 '~" tried to straighten out the language.
z
1'7 ~
GOVERNOR BUSBEE: Right. Any discussion on XVI?
(No response.)
GOVERNOR BUSBEE: Is there objection to the 20 adoption?
(No response.)
23 , Treason.
':,:1
GOVERNOR BUSBEE: If not, it's adopted. All right, REPRESENTATIVE THOMPSON: There's really no changes
in that. "Treason against the State of Georgia shall consist
. _~-- - - - - - --~--------~-
PAGE 32
r~---~--~- ------~---~-~-~-~-----
-----_._-------------------_._-_._------_.--, \
II of insurrection against the State, adhering to the State's
i
II
i
~ IIi' enemies or giving them aid and comfort. No person shall be
i,
II
5 Iil' convicted of treason .. " It's a matter of changing the '1
<-+ grammar in there.
:)
GOVERNOR BUSBEE: XVII, is there objection?
6 I,:I
(No response.)
7
GOVERNOR BUSBEE: If not, XVII is adopted. XVIII.
REPRESENTATIVE THOMPSON: XVIII there are no
changes.
10
GOVERNOR BUSBEE: Is there objection to the
adoption of XVIII?
(No response.)
GOVERNOR BUSBEE: The Chair hears none, it's
adopted. XIX.
15 .0
REPRESENTATIVE THOMPSON: XIX. "Neither banishment
'.:>
'~"
lG ,~.. beyond the limits of the State nor whipping shall be allowed
o
2
<:
17 ~ as a punishment for crime." Change of language location.
l~ II
19 II of XIX?
Ii
20 Ii
1: 21 I'
GOVERNOR BUSBEE: Is there objection to the adoption
(No response.) GOVERNOR BUSBEE: The Chair hears none, it's
adopted. XX.
REPRESENTATIVE THOMPSON: XX. Involuntary servitude.
24 ! They took out "slavery" because they thought that involuntary
25 i servitude included slavery within the State of Georgia and_~~_~~
1.-'-- __..__ _._. ." __,.. _.__~ __._ _. ~
.__ - - . - .. -.--.--------~~~---.----~
PAGE
p---~-~-~--~~
.
I II left in "for contempt of court".
!I
1,1
2 ii
GOVERNOR BUSBEE: Is there any discussion on
3 I,i Paragraph XX?
33
l I
I
4
(No response.)
5
GOVERNOR BUSBEE: If not, is there objection?
(No response.)
GOVERNOR BUSBEE: It's adopted.
REPRESENTATIVE THOMPSON: XXI remains the same.
GOVERNOR BUSBEE: Objection to XXI?
!() 'z.:J
11 ~:
(No response.) GOVERNOR BUSBEE: If not, it's adopted. XXII.
REPRESENTATIVE THOMPSON: "No person shall be
compelled to pay costs in any criminal case except after
conviction on final trial." They wanted to clarify the
-(
l'
IS language there. '':' [Yo
~"l
1(,
co
z
w
Cl
GOVERNOR BUSBEE:
l:.
,7
~
':"0
XXII?
Any objection to the adoption of
(No response.)
GOVERNOR BUSBEE: If not, it's adopted. XXIII.
:0
REPRESENTATIVE THOMPSON: XXIII remains the same.
21
GOVERNOR BUSBEE: Any objection to adopting XXIII?
(No response.)
GOVERNOR BUSBEE: It's adopted. XXIV.
REPRESENTATIVE THOMPSON: XXIV, the language has
been changed almost completely. "The General Assembly shall
- - - -~--------------_._---
-_ - - - - - - - _ . - - - - -.----
.... - - ~ - - - - - - _ _----~~---
--
... -- - - -- - - - -
-
PAGE 34
protect by law from levy and sale by virtue of any process
2 I under the laws of this State a portion of the property of
1 each person in an amount of not less than $1,600.00 and shall
4 have the authority to define to whom any such additional
) exemptions shall be allowed; to specify the amount of such
'I
G exemptions; to provide for the manner of exempting such property
7 and for the sale, alienation and encumbrance thereof .. "
,
GOVERNOR BUSBEE: Let me interrupt you just a minute.
"
<) As I understand it, the Constitution currently provides for
10 an exemption in the amount of up to $1,600.00 for the head of
'..:1
7
II
>-
'o"
a
household's
property,
is that right?
Q,.
(~r:3)~"r",-.:,~.
i",~'
..
REPRESENTATIVE THOMPSON: Yes. GOVERNOR BUSBEE: And by statute, the legislature
"------ \.. / ............. __
i
14 >- has extended the exemption, statutory exemption, up to $5,000. j-'
i f '
:r:
15 ~ All that you're doing is you're leaving the Constitution with
](,
'"'"
~ a c.:l
floor
in
there
of
$1,600,. 00
and
then
leaving
it
up
to
the
o
'z.
<r
I'
~ >1
General
Assembly.
18 ii
REPRESENTATIVE THOMPSON: That's right.
""'I
19 1,1
GOVERNOR BUSBEE: And also, the head of household
20 II has been extended to all persons, rather than just the head ,I I
2i of household.
,~
,
REPRESENTATIVE THOMPSON: That's right.
GOVERNOR BUSBEE: That's the force and effect of it. i
I
i
I
,'4 il Now then, rather than reading all that, that's all it does.
I
"l.!l\IlY qu~stions or~~scussion 011_that?
' ,,__ ,,_,
~
PAGE 35
2
(No response.) GOVERNOR BUSBEE: If not, is there objection to
l
3 the adoption of XXIV?
4
MR. BOLTON: ~qhat do you mean, head of a household?
5 One person living in a house?
I
I
6
GOVERNOR BUSBEE: We've got a lot of houses with
I
I
7 more than one person living in them.
\
8
MR. BOLTON: I know, I'm just -- how much is this I
going to affect school income?
I
I
10
GOVERNOR BUSBEE: This is levy and sale, the
I
I
Ii ~ constitutional homestead. o
I
I
0..
MR. BOLTON: All right, I see, 1 1 m sorry.
I
GOVERNOR BUSBEE: You know, if you and your wife
i
i
jointly own property there, in order to have a levy and sale,
I
I
This is just against levy and I
sale.
z
<: [7 ~
Is there any objection to the adoption of XXIV?
JUDGE DEEN; Mr. Chairman, there's a bill pending ,
i
i
1'J in the legislature now that would eliminate I think the
I
husband as the head of a house. Assuming that would pass,
I
I
21 where you wouldnlt have a head. What effect would this have i
here?
!
GOVERNOR BUSBEE: I think it would clarify it because I
I
,:.+ now it says any person is exempt and that's as to that person. I
If you had a judgment against you and I and we're both heads I
- - - - - - -_._._-------- -_.- - ---- ---------._. .
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.-J
PAGE 36 --------------------------,
of household, we're both exempted from levy and sale up to
I
2 $1,600 constitutionally and $5,000 statutorily. Now if you
3 and your wife own a house together, I think you're the head
4 of the household under the law today, and you both owned it, -'i ,: you both had a judgment against it, I think your exemption
6 would be $1,600 each, your constitutional exemption, as this
i is written, the same as it would be for you and I.
il
JUDGE DEEN: If the husband is eliminated as the
9 head, then there will be no head --
10
MR. HARRIS: Each person would have
'z"
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.':".~.
GOVERNOR BUSBEE; Each person would have that as
~ /----12
IX ,,.}
against
their own property,
you would always
be
able
to
keep
~
(~ ,6j~
"......
.z...
~
$1,600 under the Constitution and $5,000 or whatever the
11 '.... cor ,,;
1:
15 ,:,
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10 .'z"..
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j7
IX
'"
legislature fixed. They have now fixed it statutorily at $5,000.
SENATOR HOLLOWAY: That would be ten for both? GOVERNOR BUSBEE: It's up to the legislature. It'd
lk be $1,600 under the Constitution for each person plus any
19 additional amount the legislature gives that person.
:'0
,,I
"
SPEAKER MURPHY: Correct, sir.
21
MR. BOLTON: And there is a Federal Bankruptcy case
"") -~
which said the legislative act is unconstitutional.
13
GOVERNOR BUSBEE; Well this would make --
24 'I
MR. BOLTON: This would make it constitutional,
:
..~ 5 I
Il;
th_at's right.
_..J!
PAGE 37
-~-O-V-E-RN-;;-~~-SB-E-E-: -It~for your own property. weIll
is there objection or any further discussion?
(No response.)
I!
I
i":
4 II,
II
GOVERNOR BUSBEE: No further discussion, is there
I
5 objection?
I
(No response.)
I
I
7
GOVERNOR BUSBEE: If not, it' s adopted. All right. I
8
REPRESENTATIVE THOMPSON: XXV. Spouse's separate I
estate. You'll remember before Orr, this particular section
10 provided that the wife's estate so and and so forth. We
1I
~.
0o':
took
that
out
and
it
reads
now
"The
separate
property
of
each
"-
..::...S_Yit,f
12
:
..
spouse
shall
remain
the
separate
property
of
that
spouse
(~~~. / ...;r "'\
....
except as otherwise provided by statute."
,
The only other
L"7 ,>-~ alternative that we even considered was just removing that
v,
<:
T
15 ~ section altogether, but we left it in and made it apply to
:":>~
16 ~ either party, husband or wife.
z
17 ~
JUDGE CALHOUN: Question here.
Why did you use the
word "statute" here? Ordinarily it's "provided by law". Was
i ') there any particular reason for that?
.20
MR. HILL: That's because we didn't want to imply
21 that the common law would come back into the --
,)
GOVERNOR BUSBEE: I'm no authority, but this supposedty
,
",
.c.>
I
addresses
the 2EE. case,
doesn't
it?
I
I
REPRESENTATIVE THOMPSON: Yes, sir.
I
I
I
~p .'
GOVERNOR BUSBEE: Any other questions about the
I
I
_ _~_~.. _.
. __ ..
.
._ _....J
PAGE 38
------------------------------
-,
other questions or discussion?
I
I
(No response.)
GOVERNOR BUSBEE: Is there objection to adopting
4 Paragraph XXV?
5
(No response.)
(;
GOVERNOR BUSBEE: If not, it's adopted.
REPRESENTATIVE THOMPSON: Paragraph XXVI, there are
8 , no changes.
GOVERNOR BUSBEE: XXVI, is there any objection?
10
(No response.)
GOVERNOR BUSBEE: If not, it's adopted. Section II,
o"'-
"-
~,
@f~'~12 : Paragraph I. REPRESENTATIVE THOMPSON:
Paragraph I is just like
14
,. ....
the
original,
there
are
no
changes
in
it at
all,
that
goes
~
r
15 ..:.>, way back to about four Constitutions .
<X ::>
1(l ~ cz~.'
GOVERNOR BUSBEE:
17 ~ Paragraph I in Section II?
Is there objection to adoption of
18
(No response.)
19
GOVERNO~ BUSBEE: If not, it's adopted. Paragraph
20 II.
2t
REPRESENTATIVE THOMPSON: Paragraph II, Object of
government. There is a change of language here but I don't
think it basically changes the meaning.
24
"The people of this State have the inherent right
2~ ! of regulating their internal government. Government is
- --- -- ---------~- - - - - - - - - - - - --
PAGE 39
------~
1 i11\ instituted for the protection, security and benefit of the
2 Ii people; and at all times they have the right to alter or
II
I
3 II reform the same whenever the public good may require it. 1I
IIi
4 il
GOVERNOR BUSBEE: Any question on Paragraph II?
I
I
i i
I" i
5
il
Ii
(No response.)
I
i
'I
I
6I
GOVERNOR BUSBEE: Is there objection to the adoption?1
i
7
(No response.)
GOVERNOR BUSBEE: If not, it's adopted. III.
I
9 I:i' There's no substantive change on III?
10
REPRESENTATIVE THOMPSON: No substantive change.
'2"-
11 ...
GOVERNOR BUSBEE: Is there objection to the
adoption of Paragraph III?
JUDGE CALHOUN: Yes. I think there is a substantive
15 ~
GOVERNOR BUSBEE: All right.
tD
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16 :
JUDGE CALHOUN: The word IIcompletell is left out. I
D
Z
~
17 f:i liked the original paragraph III, which said IIProtection to
18 Ii person and property is the paramount duty of government, and :1
19 shall be impartial and complete." That's as lucid and
complete a statement as I think you can make.
21
GOVERNOR BUSBEE: Oh, I'm sorry, let me say the way
22, I did that, I think we're going to have to reconsider
Paragraph II because they've combined it. The Roman Numeral 24 III there is what I wasreferring to, which is under what you
were talking about. Do you see what I'm talking about? We
,,--------,----,----------- -------,
PAGE 40
adoPt:~~d~~ i s l ------,-~_._._--------
II
Paragraph II, the old Paragraph III that
'I
I
2 II stricken there, i t would not be addressed there. It's in the I
I!
3 il next paragraph where you have it.
I ! i
I
"
i
I
4
MR. HILL: Mr. Chairman, I might say that the
I
!
5 Committee omitted Paragraph III because of the equal protectioni
!
I
6 language in Paragraph I, which you have omitted. So that I
1
7 think the Committee, if it were meeting again, would
'Ii
8 :1 probably want something to this effect back in here.
q
GOVERNOR BUSBEE: This is what I'm getting back to.
10 I didn't realize when I called on Paragraph II and you said
Cl
Z.
II
.'o"
,<l.
there
was
no
change,
I
didn't see the old Paragraph III down
~ 12
rp-.~d~Vc'"2~
~
~
,
there.
Is there objection to reconsidering Paragraph II,
~
I
14 ,. which included striking that old Paragraph III, so we might
v>
r.
1S ~ reconsider that? Is there objection?
::J
16 ~ ~ o Z
-0:
17 :ii
(No response.) GOVERNOR BUSBEE: If not, we'll reconsider. Now
[1\ this is what we're talking about now, going back to the old
III
19 Paragraph III. "Protection the duty of government. Protection
20 to person and property is the paramount duty of government, ~j and shall be impartial and complete." In view of what we did
22 on the Judge's motion there --
23
JUDGE CALHOUN: Mr. Chairman, I move that we re-
insert Paragraph III in the original language.
l~,
. GOVERNOR BUSBEE: And appropriately number all
PAGE 41
,r- -----.-..-----..-- --- ------------ - --
remaining paragraphs. All right, is there a second?
2
REPRESENTATIVE SNOW: I second it.
l
3
I GOVERNOR BUSBEE: Is there any further discussion?
I
,1
(No response.)
I
5
GOVERNOR BUSBEE: If not, all those in favor, say I
(, aye.
I
7
(Ayes. )
I
K
GOVERNOR BUSBEE: All opposed?
')
(No response.)
10
GOVERNOR BUSBEE: And that's unanimous. All right,
I
uz
]1 ~ now 1 1 11 continue to refer to the paragraphs as used by the
[)
I
I
I
""'
Articles Committee. New Paragraph IlIon Separation of
I
legislative, judicial and executive powers.
I
!
i
I
REPRESENTATIVE THOMPSON: No changes.
i
i
15 .:>
GOVERNOR BUSBEE; All right, any discussion on that I
~".="">
I
16
~ woz
paragraph?
<
17 ;;:
(No response.)
I
I u'!
I
GOVERNOR BUSBEE: If not, all those -- well, is therei
19 objection to the adoption of Paragraph III?
20
(No response.)
21
GOVERNOR BUSBEE: If not, it's adopted. Paragraph
23
REPRESENTATIVE THOMPSON: Paragraph IV, there are
24 25
changes. GOVERNOR BUSBEE:
I
i~ Is there objection to adopting
IT---'--- -.-.-.----.----.-.-.
,I
(No response.)
I
2
GOVERNOR BUSBEE: If not, it's adopted.
PAGE V.
4-2-----,
I
I
3
REPRESENTATIVE THOMPSON: Paragraph V there are
no changes.
5
GOVERNOR BUSBEE: Any objection to adopting it?
(No response.)
7
GOVERNOR BUSBEE: If not, it's adopted. VI.
('( I.'~
REPRESENTATIVE THOMPSON: Paragraph VI. There are
some changes there. They just left the simple statement
10 that "The civil authority shall be superior to the military."
<z:J
11
:-.
'0"
That
took
out
housing
and
quartering
and
a
few other things
'.l.
~,
12 u'" that they felt was unnecessary.
8@Jr ~ .... z :;:
GOVERNOR BUSBEE: Antiquated. Any discussion on
14 .>.... Paragraph VI?
~
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15 ~
JUSTICE NICHOLS: Just one thing. Let me ask you,
0
:'>"
16 '.z".. Mr. Chairman, later on down on militia, you left that in
Cl
z.
17 :'"n for historical reasons and I just wondered about the
18 Ii quartering of -- that's the thing that broke the camel's back 19 and brought on the Revolutionary War, you know. I agree with 20 you that it's obsolete and antiquated but for historical 21 reasons it might not be obnoxious to leave it in there. I
don't perceive that you'd ever have somebody quartered in your
house but neither do I say that that's an impossibility.
JUDGE DEEN: I'd like to move to put that back in
although that's a constitutional right that no one is using no~
L
_
PAGE 43
-a-li~~ta~ion agai:~t 1 !,' or it's
governmental power to put troopsl
in your home, but nonetheless to sell this Constitution to
the people I think they want more rights -- at least they
II
4 don't want to feel that we're taking away some of these rights.1
~ Ii I'd like to see that back in.
I
;1!
I) I; I
GOVERNOR BUSBEE: You don't want to take away the I
I
i
7 right of a person to have troops quartered in their houses?
;" ,
I
JUDGE DEEN: They have a right to not have any
I
I
I
!
military troops quartered in their homes, that's a constitutionrl
10 right.
c'
7.
I
II
"o"
GOVERNOR BUSBEE: I think as Representative Thompson
Q.
'"
stated, they were just trying to shorten it, they felt it was
antiquated, but evidently you don't. There is a motion made
by the Chief Justice and seconded by you Judge, that we leave
IS .,,~, that Article as written. Is that the correct motion?
':J
1(I ~
a
SPEAKER MURPHY: Is that the only reason, just
Z
17 ~ because it has been in there all these years? Is that the
only reason y'all want to put it in there?
JUSTICE NICHOLS: No, the only reason is they left
the other one about the militia down there, they said for
21 historical reasons --
,')
SPEAKER MURPHY: We ain't got to that though yet,
23 Mr. Chief Justice.
24
I JUSTICE NICHOLS: I know, but if we leave this one in I
and come to the other one and leave it in we've
I
J
PAGE 44
----
---~I
SPEAKER MURPHY: Let's take this one out and go
I
I
to the other one and take it out, we're still in good shape.
I
I
I
JUSTICE NICHOLS: That'd be all right too, but
"
4 you do away with the historical background, that's what I'm
saying. I didn't make that motion, I just made that comment.
SPEAKER MURPHY: You're letting the Governor put 7 i words in your mouth.
GOVERNOR BUSBEE: Well let me ask you a question,
9 Judge, on that. It says you can't do this "nor in time of
[0 war, except by the civil magistrate", now who is the civil
'"
II
"
x
magistrate?
~)
<i.
'.<1
~@ """""~12 ~
JUS'l'ICE NICHOLS: Well anybody that's a civil
judge, justice of the peace.
14 >_
"
l'
15
,'0,9'
there.
::J
1(~ ~I
W
.:>
7.
REPRESENTATIVE SNOW: My God, that's enough right GOVERNOR BUSBEE: I don't know how to approach
this one.
'X
JUSTICE NICHOLS: I was just trying to determine
J9 ' why was the militia more important than the -- historically,
20 , than the
GOVERNOR BUSBEE: Historically -- the Committee, I
think according to Mr. Thompson, historically, you know in the
Revolutionary War, you quartered the troops in the homes. Now
you say we might need that right in the future. You made a
motion.
._---~-_._---------
r------- PAGE 45 JU;;~CE NICHOLS: Historically that's the same a s l
2 \ the -- seems to me it has the same or as much historical
3 II background and necessity as does the militia. I'll go along \
4 II with taking them both out.
I
5
SPEAKER MURPHY: That's what I want to do, take
I
6 them both out. Can I make a substitute motion?
I
I
7 8
make a SUb:::::::Rm:::::E:'dA:~l:i:::~rt::~ :::a:::i::~ted to III
9
SPEAKER MURPHY: I move we adopt Paragraph IV as
i
10 recommended by the Committee.
Czl 11 ~
'o"
GOVERNOR BUSBEE: You mean VI?
\
!
I
a.
~,
.12 ~
@r'~
SPEAKER MURPHY: VI, yes, sir. SENATOR OVERBY: I second that.
I I
I
14 >-
GOVERNOR BUSBEE: The motion is we adopt Paragraph
!;,
:I:
15 .:> VI as recommended by the Cemmittee. Is there objection?
"'of.
;)
16 ~ Well, is there a second?
C
2
17 ~
SENATOR OVERBY: I seconded it.
18
GOVERNOR BUSBEE: Is there further discussion?
19
LT. GOVERNOR MILLER: I presume the Speaker's going
20 to have another motion when we get over further.
21
SPEAKER MURPHY: I will, sir.
22
GOVERNOR BUSBEE: Well, all those in favor, raise
23 . your hand.
24
(Votes were cast.)
GOVERNOR BUSBEE: All right, all opposed.
PAGE 46
------- -- ----- -------- ..- . - ---,_._ . n---'~~
~--
~----------_.,-~-------------
Ij
Ii
1 I'
(A vote was cast.)
II
------------ ----~
2 i"l
GOVERNOR BUSBEE: All right, there's one vote
I
I
3 i negative and all others present in the affirmative. It's
!
I
I
4 adopted.
I
I
i
5
SPEAKER MURPHY: Judge, you've dissented by yourself
before, haven't you?
7
JUDGE DEEN: I have.
8
REPRESENTATIVE THOMPSON: Paragraph VII in the
9 original one was removed completely. That was the paragraph
10 on General laws; uniform operation. It was deleted from this
11
...
'o"
section because it was
incorporated
in the
proposed Article
0-
w
~t""~~12 ~
~~
III.
GOVERNOR BUSBEE: All right, is there any objection
14 .).-. to the adoption of this with the idea that if we don't go
'<"
l:
15 ..:.>, along with the provision in Article III we'll come back. Is
0:
16
3~
c
there
objection
to
the
adoption
of
this
deletion
until
we
Z
<l
]7 ~ consider III?
18
(No response.)
19
GOVERNOR BUSBEE: If not, it's deleted.
20
JUDGE DEEN: You're talking about Paragraph VII
21 there?
) !
GOVERNOR BUSBEE: Right, Paragraph VII, they've
23 provided for it in Article III. I'm just saying we're not
24 taking final action but if they're going to put it in III,
2:' L:Ii you won't . need ._i_~ t _h.e_r.e. . All. righ. t, P. aragraph VII, Separation
------- --------------
PAGE 47
of church and state. It adds "cult" -- well, go ahead.
2
REPRESENTATIVE THOMPSON: It also indicates -- makes
3 it clear that not only can they not appropriate money, but
4 state's properties as well as money, personal property, things
-
5 of that kind.
6
JUSTICE NICHOLS: Property is the addition?
7
REPRESENTATIVE THOMPSON: Property is an addition
1\ to make it clear.
9
GOVERNOR BUSBEE: Mr. Speaker.
10
SPEAKER MURPHY: Can I ask a question here? And
z<,;)
11 fa-:. please, don't anyone take this to be an affront to them, but
o
"-
~@r~'1
)
-
~
u if
we
put
this
language
in
there
could
they,
say
some
religious
individual who is abundantly religious, fuss about my church
14
;
!;;
league
playing
baseball
on
my
school
property
because
of
this
<l
r
15
.0 a'O:.J
constitutional
provision
and
confront
the
Supreme
Court of
:>
16
.~... CzI
Georgia
for
them
playing
baseball
on
--
the
church
league
<:
17 ~ playing baseball on my high school baseball field?
18
JUDGE DEEN: That would be an accomodation of free
19 exercise
20
SPEAKER MURPHY: We've got folks fussing about that
21 now.
JUDGE DEEN: It has to be something of more
significance probably than that.
24 Ii
'11
SPEAKER MURPHY: We've got folks fussing about that
25
I:
Lii right
now ~
in my
count_y and
I
sure
don't
want
to
give
I them no~
r-----.---.--.-.
1,1' anunun~t~on.
PAGE 48
-----------~--------~-l
2
MR. HILL: We considered using the word "used",
I
I
3
I
i
"ever be used" and then it was felt,
no,
they didn't mean that,1
4 "appropriated for such purpose" they felt was more -- would I !
5 ! require an affirmative action on the part of state government.
6
MR. HARRIS: To give them the property.
7
JUSTICE NICHOLS: I think it goes back to gratuities,
8 doesn't it? You're giving to religious purposes but not
9 i property, funds, gratuities. I
10
GOVERNOR BUSBEE: I have a little bit of concern'
"z
II
t-
'o.C".L.
here
to
this
point,
where
it
says
"No money
shall
ever be
~ 12 ~ taken from the public treasury, directly or indirectly, in
~J~ aid of any church, sect, cult . " I think we concur in that,
14
; ~
" or
religious
denomination
or
of
any
sectarian
institution
::z:
15 .0
":':">
" That says no money shall ever be appropriated. Now
16
.~..
oz
it's
a
different
proposition
though
when
you
say
that
"nor
17 ~ shall any public property ever be appropriated for any such
18 purpose." If you
19
JUSTICE NICHOLS: You're letting them use it, they
20 may be using it but you can't appropriate it. You can give
21 them money but you can't give them property.
22
SENATOR HOLLOWAY: You can't give them money.
I
23
GOVERNOR BUSBEE: You can't give them money.
I
24
Ii
JUSTICE NICHOLS: I say you can't, now you can't 9ivej
I,i.
25 lIiLthem pro_perty, but up until now you didn't have property in
2 r~here.
PAGE 49 REPRESENTATIVE THOMPSON: Governor, I would argue
J II if I were before a court right now that appropriating property 4 II'' is the same as appropriating money anyway, but this just
I5 clearly states
6 II
JUSTICE NICHOLS: Yeah, but it has been violated, I
7 !i mean --
~
II
Ii
REPRESENTATIVE THOMPSON: It has been violated
"
9 'II and that's one of the things we looked at.
10
JUSTICE NICHOLS: That was a loophole.
"z
11 .,.,.,
REPRESENTATIVE THOMPSON: Many of us disagreed with
."o.".
~r~~ ~sv~,
12
~
~
the
appropriating
of
property.
and knowingly.
This was done intentionally
14 ,>..-.
JUSTICE NICHOLS: I would agree with you too, Mr.
'<
:I:
15
-0
,-"
Thompson,
that
I
don't
see
any
difference
in
property
and
0:
:J
16
'~"
a
money
or
real
estate.
But that has been the loophole down
Z
..:
17 ~ through the years in the Constitution where some religious
Iii, :, sect might -- you couldn't appropriate money to them, but you
19
il
Ii
could
appropriate
property
and
they
could
have
that,
and
it
20 Iil' has been done.
Ii
21 ::
JUDGE DEEN: There are three or four things that
'),
federal money can be used, say for parochial schools, transpor-
L, J'
24
tation, buses, textbooks that are secular and not for any ;I'1iI religious books. You cannot use monies for teachers because
JI
2:'
IiI
lL
th
e
y.__.say
y._.o_..u.. _...c a n ' t
control
the
teacher
but
you
can
check
the
l PAGE 50
I ~~;~~tbOOkS. So there are some th~~-~~--:ow that you can and
2 II you can't appropriate, just like police protection. But the
3 II thing that worries me really on this, separation of church and I
4 I:1; state has never been in our State Constitution before. Isn't I
5 IIi'I that correct? And this is a phrase that Thomas Jefferson
6 ,": used many years ago. He rejected it later, but the word
7 IIii "church" for the first 150 years the court cases were saying
Ii
8!'1 that "church" meant theistic religions and the last fifteen
I:
i;
q 1'1 or twenty years, the Cedar case and the Trosco v. Watson
10 case holds that there are some non-theistic and atheistic
<z:J
11 '"o.""."-. religions. And what worries me here is the fact that if we're
~ 12 ~ going to separate church, it indicates we're separating only
~r~ the theistic religious groups from our government and our
14
~
....
state.
Of course later on down here it says religious
::;:
:r::
15 .:> denominations, but I'd feel a little bit better about it if
<:J
'::">
16 ~... we would put "religious denominations, theistic or atheistic"
az
<
17 ~ Then that would take care of Trosco v. Watson which says that
18 Ii if you have a belief in no Creator, this is an atheistic
Ii
I'
19 I religion. Secular humanism is one example, is a religion.
20 II If we're just going to put separation of church and state, it
21
II
IiI'
appears
to
me
we're
saying
to
the
theistic
church
people
that
22
11'1
I
we're
going
to
separate
you
from
the
state,
but we're
not
II
23
Ii
iII'
saying
anything
about
the
agnostic
or
atheistic
religious
24 IiII'I be1~ers and I think I'd like to move -- I may not get a second
Ii 25 on this one either but maybe sooner or later I will --
r--
SENATOR OVERBY: Give it a try, Judge.
PAGE 51
2 II
JUDGE DEEN. All right. Right after the words
3 1',;1 "religious denomination" put a conuna "whether theistic or
4 IIii a theistic" would make me feel better. Of course, you've still "i
5 Iii: got your separation of church, you could put both theistic i: Ii
h II "nd atheistic, from state. In other words, when you just say
ii
7 separation of church and state you're building the old
II
8 'iIli Jeffersonian wall against the theistic church believers and
9
II
:I!
you're
not
saying
anything
about
separating
the
non-theistic
10 and agnostic and atheistic believers from the state, and all
Cl
Z
11
....
er.
of
them are
religions
and
I
want to
separate both of them
0
"-
~~ ~)(~'~ \~~ //
12 .u"'.".' I'm for driving that wall of separation, but we need to include ;: z "' all of them. ~
'-_.~--
J4 >~:r:
JUSTICE NICHOLS: Wouldn't they be included in
15 ~ "any sectarian institution"?
'e-r'.
J
16 "'-'
"Cz'l
JUDGE DEEN: Well I think it might be covered down
17 'c"o there where it says "or religious denomination" because you've
18 got several kinds of different --
19
JUSTICE NICHOLS: I have no objection, I'll second
20 your motion. I don't see any harm to it.
21
JUDGE DEEN: I'll put the words "whether theistic or
"Y-) atheistic" after the words "religious denomination". I think
23 that would take care of it.
24
JUSTICE NICHOLS: You want it in the title too?
:~ ~
JUDGE DEEN: I'd like to have "Separation of church,
- - - - - ._------- _ _.. . _ - - - - - - - - - - - -
Ii both theistic and atheistic, and state.
I2 put that in the title and in the body.
PAGE 52 -,
i
I'd like to move to
3I
SPEAKER MURPHY: Governor, can I get back to my
I4 point? II,
5 II
GOVERNOR BUSBEE: There has been a motion made and
6 I seconded. Discussion? Mr. Speaker?
I
7!
SPEAKER MURPHY: Can I get back to my problem now,
I
III
8 !I what started all this discussion? Where it says "nor shall
9 i!"Ii, any publ~. c property ever be appropriated for any such
10 purpose," would it be in order to move that "appropriated"
be stricken and put "transferred for any such purpose". I
don't want my kids to quit playing church league baseball on
a baseball field now. You know, I never thought they'd stop
us from praying in school, but they did, you know. And some
Justice somewhere done that, Mr. Chief Justice, you know.
(Laughter. )
JUSTICE NICHOLS: I wonder where.
GOVERNOR BUSBEE: What you're saying is you can't
transfer money from the treasury it says you cannot take
any money from the public treasury, directly or indirectly,
and what you're saying is down in "nor shall any public
22 property ever be transferred . ", you want to put directly
23 or indirectly?
24
SPEAKER MURPHY: I don't care how you -- no, wait a
25 II' minute now. Just so my church league can continue to play on
lL
PAGE 53
~~:~-~~seball field, that's what I'm interested in, in threel
2 towns as a matter of fact.
3
SENATOR OVERBY: Mr. Speaker, are they going to have I
I
to pass this thing?
GOVERNOR BUSBEE: Look, let me ask you this -- Mr.
Speaker, I'm going to take the Judge's motion which does not
address this. I'm going to divide the question if I might,
if there's no objection. We'll take this motion first, and
the words that you are suggesting is to put right after the
10 word "church", is that it?
JUDGE DEEN: Right after the word "church", put
comma, "both theistic and atheistic, and state" and then down
in the middle part after the words "religious denomination"
put comma, "whether theistic or atheistic, or of any sectarian I
15 ~ institution "
"
'O"J
16 3 a :z.
GOVERNOR BUSBEE: Is there objection to the adoption
<
j'l ~ of -- is there a second to that?
IS
JUSTICE NICHOLS: I seconded it.
19
GOVERNOR BUSBEE: Is there any discussion?
20
REPRESENTATIVE SNOW: Well I'm just going to make one
:: ( statement about it. I don't think we ought to be putting
additional verbage in this Constitution, especially some verbag,
I
that would give rise to recognizing something a lot of us don'tl
:' -I
I
feel like ought to be recognized in the Constitution, and that I
is atheistic religion.
L
_
__.
.
----J
I r----
PAGE 54
----1
REPRESENTATIVE CONNELL: It'd be hard to get it
I
2 II passed, wouldn't it.
i'lI
3 II
I! 4 it.
JUDGE DEEN:
I I
I I
The Supreme Court has already recognized)
i
REPRESENTATIVE SNOW: I realize that, but I don't I
6 see any reason to put it in the Constitution.
7
JUSTICE NICHOLS: I think it's really redundant,
~ Judge, don't you, really?
9
GOVERNOR BUSBEE: Thatls your second that says it's
10 redundant
..,
z: I I l-
oe<
~ ~,
(Laughter. )
j2 :
@ (~ ~V ~d )F~~I sides.
SENATOR OVERBY: The Chief Justice has done switched
14 ;
JUSTICE NICHOLS: No, I said lId go along with it, I
I-
~
r
15 .':.>, don't see it does any harm, but it does raise a question as
e<
~
16 3 to bringing in the atheists -- coming in and start objecting to a z
17 ~ it.
IS II
I,
19
I
I
means
REPRESENTATIVE CONNELL: We donlt know what that
20
JUSTICE NICHOLS: I think it's redundant, I don't
21 think it's necessary but I'll go along with it.
SPEAKER MURPHY: Why don't we vote on that?
23
GOVERNOR BUSBEE: We've got a motion and a second.
24 All in favor of the Judge's motion there about adding those
25 additional words, raise your hands. L_
PAGE 55
I I-----~ ~
(Votes were cast.)
A11-r-i-g-h-t-,-a-l::J
2I
GOVERNOR BUSBEE: One, two.
II
3
II
,;
(Votes were cast.)
I
I
!i
4 I,i
GOVERNOR BUSBEE: All right, the motion is lost.
I
5
II
II
JUDGE DEEN: I didn't even get my second.
i\
Ii I) ,I II,III
SPEAKER MURPHY: My language won't work, Governor,
7
Ii II
because
then you couldn't even
sell
it
to
a
church
if you
II
.~
I
Ii
wanted to.
!i
I,
9
Ii
I.
II
GOVERNOR BUSBEE:
II
Right.
!O
SPEAKER MURPHY: But I just can't buy that language
"z
there at all.
GOVERNOR BUSBEE: Okay, now going to the second part
of the question, "nor shall any public property ever be
appropriated for such purpose". That is, the first provision
I') ..:> says you can't transfer money, this saying you can't
''1
16
',:z":'0'
w,:;,
appropriate
property
for
such
purpose.
Is there a motion
z:
<:
]7 '"C!: that that be included or not?
18
MR. BOLTON: The Speaker wanted to change the word
19 "appropriated"
2fJ
SPEAKER MURPHY: That won't work, Mr. Bolton, for
the simple reason then you couldn't even sell it to a church
if we did that, for adequate compensation. That won't work. ii
:.~ You might say "nor shall any public property ever be tranSferret
~.,. ! without adequate compensation for any such purpose" f but you I \re
2~i ~~~ ~~h_~~C~~ ~ got to have some way you could even sell i_t__ __
__
PAGE 56
I~----- ----~---
II
MR. HARRIS: Mr. Speaker, under -- for whatever
II
2 II value Webster's New Collegiate Dictionary might have, under
II
3 IIIi!' the word "appropriate", it says "To set apart for or assign
4 !ili to a particular purpose or use."
5
JUSTICE NICHOLS: Well now that's -- what you're
6 talking about Mr. Speaker is your personal property. We're
7 talking about State property here, so appropriate --
8
SPEAKER MURPHY: No, sir, it says "any public
9 property", Judge, it don't say state, it says, state, county,
10 city, municipal, whatever it is, that's public property, sir.
VJ
<:
11 ....
JUSTICE NICHOLS: Well let me see, I thought you
0:
o
Q.
u
12 ~ said -- "No money shall ever be taken from the public treasury . . n
@r~
SPEAKER MURPHY: That's the county, city, state or
14 ;.. whatever. ~
<l
r
15 ,~
JUSTICE NICHOLS: -- It directly or indirectly, in
<.:J
:'>"
le,
~
::;
aid
of
any
church "
I get a different meaning from that.
Z
-<l
17 ~ I think that's public money, not private property, that means
IS public.
19
GOVERNOR BUSBEE: Judge, we've got two questions
20 here and we've already acted on one. We said we're going
21 with "No money shall ever be taken from the public treasury ..
22 and given to any church, sect, cult or religious denomination ~3 Ii or any sectarian institution. Now the question is, do you want
that to be extended -- not saying that you can't take public
25 money from the treasury and transfer it, but you're going to
:1
'.l-~
~_ .._ _
~--~--~-~-~~-----~
PAGE 57
~ put dow~that no property shall ever be appropriated for any
2 II'I,i such purpose. That is an additional meaning, it's not just
3
II
,,!
a
change
in words,
it's
an
additional meaning.
4
SPEAKER MURPHY: It's a big change.
REPRESENTATIVE CONNELL: What happens if the city
6 gives them water?
7
JUDGE CALHOUN: Suppose we add the word "property"
8 after "money", to say "No public money or property shall ever
9 be taken from the public treasury in aid of ... "
JO
SPEAKER MURPHY: You can't take property from the
treasury, Judge, is the problem.
JUDGE CALHOUN: That would cover your property and
it wouldn't be taken from. You could allow the use of it
without it being taken from.
15 Q
SENATOR HOLLOWAY: "Transferred from the State"
'':""J
J (,
~ wa
would
do
it,
Mr.
Speaker.
z
i 7 ~'"
MR. HARRIS: How about instead of the word
III "appropriate", the word "given"?
]')
SPEAKER MURPHY: Well actually, Senator, you don't
20 Ii want your city or your county giving the property to churches,
really. I want my church kids to play baseball and softball
in the summer.
GOVERNOR BUSBEE: I think we're going to have to
2~1 ! bring this to a question or we won't get through this Article.
,!,
25 'l'i
L-~
,JUSTICE N~CHO~S: __ ~_~ ~
I
I'm
missing
something.
I
.~
don't
see!J
. - - ... Ir----------~--~-~---
-.--------~-----
il how "nor shall any public property ever be
PAGE 58
.- ---------~---l
appropriated for I
Ii
2 I:i,
any such purpose", you're still talking about public property, I
3
I:1,
"
you're not talking about private property.
!
i
I
SPEAKER MURPHY: Judge, if the school system in
!
5 Haralson County owns a building, that's public property. If
6 they own a football field, that's public property.
'1
I
JUSTICE NICHOLS: That's right.
SPEAKER MURPHY: I believe your court would hold
'-) that.
10
JUSTICE NICHOLS: But are you talking about your
;;J
11
!..:. '0"
property or
are
you talking
about
their
property?
<l.
w
~ 0 ..J2 .'':".!
GOVERNOR BUSBEE: His concern I think, Mr. Justice,
f-
7-
"'---./ !""j
~
~
is
whether
the
term
"appropriate"
means
that
if
the
school
J4
-
f-
board
was
to
let
the
church
school
corne
over
and--
",
<
J:
J:1 .:>
SPEAKER MURPHY: The churches have a church league
,e">
"
16
'z-0
w
and
they
play
in
Bremen,
Buchanan,
Tallapoosa
and
Waco
on
0
.L,
17 a,r:, the school property all summer.
18
GOVERNOR BUSBEE: Is that an appropriation of the
19 property.
20
REPRESENTATIVE SNOW: Why we do that in Chickamauga
21 too
., 1
SPEAKER MURPHY: Do you want to have some nut come
in and stop you?
24
I
Ii 2~ II
LL.
REPRESENTATIVE SNOW: No.
,,
i SPEAKER MURPHY: That' 5 what I f m trying to bring~
.. _ - -
PAGE 59
-1 your attention. I'm glad you woke up at last, Mr. Chairman.
2
JUSTICE NICHOLS: I still don't think that's
!
i
3 appropriating.
I i
4
SPEAKER MURPHY: Judge, if I had seven votes like
5 you on the bench all the time I'd be satisfied from now on,
6 but I --
7
REPRESENTATIVE SNOW: Don't say things like that, Mr.
8 Speaker.
<)
SPEAKER MURPHY: The Judge, whatever he says, that's
10 the way it's going to be, but "z JUSTICE NICHOLS: I wish to God I could believe that.
(Laughter. )
GOVERNOR BUSBEE: All right, let's --
SPEAKER MURPHY: What if this question got in
15 ~ certain federal courts, do you know what they're going to say?
1,.:1
:'>"
... 16
<Xl
z
GOVERNOR BUSBEE: All right, I need a motion to
'::1
Z
<i
17
Cr.
(~
either
put
it
in
or
take
it
out,
one
or
the
other.
The
I ~ I, Article Committee has moved that we include property in the 19 terms "nor shall any public property ever be appropriated for
20 II any such purpose." Is there a motion that that language go ~ n?iI
I:
I
21
SPEAKER MURPHY: I move that we strike the word
22 "appropriate" and insert the word "given".
MR. TIDWELL: Mr. Speaker, that's already prohibited
,,
~+ by the gratuities section, you can't give public property away
:') Ii to anybody.
,------- ---------------- - - -
- - - - - - - - - - - _.._-------~-
~--
-.----
--;;~~~_;R-MU~PHY;.._~-
- ------.----.-.---.--.-
move we strike it.
-----P--A--G-E-----6-0------l
, Ii
GOVERNOR BUSBEE: A motion is made, is there a
!
3 Ii second?
!
!:1i
SPEAKER MURPHY; I've learned how too, Judge.
:)
REPRESENTATIVE CONNELL: I'll second it.
GOVERNOR BUSBEE: All right, the motion is made and
seconded that those words "nor shall any public property money
ever be appropriated for any such purpose." --
SPEAKER MURPHY: "Public property".
to
GOVERNOR BUSBEE: ..... nor shall any public property
,?
Z
11 .... ever be appropriated for any such purpose."
"C'
a.
w
CL
"'~
REPRESENTATIVE THOMPSON: Governor--
SENATOR HOLLOWAY: It's covered elsewhere in the
Constitution, isn't it, gratuities?
GOVERNOR BUSBEE: All right, all of those -- is
there discussion?
REPRESENTATIVE THOMPSON: I wanted to make --
IS
GOVERNOR BUSBEE: All right.
REPRESENTATIVE THOMPSON: I'm the one that insisted 20 that that language go in there, because there are some pretty 21 bad abuses in the State of Georgia right now where property ,1 is being given to people and I think there ought to be some
prohibition against that. This is the only occasion in this
,'
i
~--t whole document where I think I got really black, but I did get I
25 Ii black here. We have passed laws in the Geor~i_a....Genera::""",AssembJ]
u...._._ _._..
~
._
PAGE 61
~~~~h 1
permits, where a school system has books and things
l
., . which the school board decides is surplus, that they can give
I
I 3 it to sectarian schools or anybody else they want to. That
4 means that these counties where they have these Christian
I 5 segregation academies, a school board that is basically not
6 really concerned with their public school system, they can
I
I
7 buy some brand new books, declare those books surplus and give I I
8 them to these segregation academies. And I think that that
9 ougnt to be prohibited, I think that ought to be stopped and
10 I think this is the place to stop it right here. I think
~,
z
the language that I insisted on going in here would accomplish
that purpose.
GOVERNOR BUSBEE: Let me say one thing, Albert.
Later on in the Constitution when you get to gratuities, there'
15 ;~ a proposal that we allow gratuities with two sessions of the
u;:
;)
16 ~.., legislature, to other than individuals, so that would permit
cz.
<>:
17
,,; OJ
just what
you're
saying.
I think it would be illegal for it
]8 to be done now, what you're saying, unless we were to adopt
19 the recommendation that's made later on.
20
REPRESENTATIVE THOMPSON: Well we've been doing it
21 and that's my concern. This is the only place I knew of where
22 I could attack that particular problem and so I put that in
23 there. You think that that would permit it?
24
GOVERNOR BUSBEE: Well right now the gratuities
25 I section of the Constitution I think the Attorney General said
PAGE 62 . . . - - - - - . r--~~----------------------___----_ ~ _ . _ - ~ . _ - - - - - - - ~ - - - - _ . _ - - -
i would prohibit that being done, what you've just said.
ii
2 II
REPRESENTATIVE THOMPSON: Well we're in violation
3 of it.
4
GOVERNOR BUSBEE: But if you put this in now, later
-r, on there would be a way to get around it because --
SPEAKER MURPHY: Where Albert's violation is coming
7 in, you remember that school that we -- for that lady we
passed that bill for that time, which is they're coming in and
q declaring property surplus and they're selling it at public
10 bid and nobody goes and they're bidding a dollar or two dollarslI.
I
i
That's the way they're getting around the gratuities law.
That ain't going to stop this. All this is going to do is
hurt innocent folks here.
REPRESENTATIVE THOMPSON: I just think it needs to
be stopped and this was an attempt on my part to stop it.
SPEAKER MURPHY: I agree with you that ought to be
stopped, but I think this is going to hurt innocent folks here.
HI
GOVERNOR BUSBEE: All right
19
SPEAKER MURPHY: Go ahead and vote.
20
GOVERNOR BUSBEE: The motion is -- The Speaker's
21 motion is that those words be deleted, the new words I just
read, and there was a second. Is there any further discussion?
(No response.)
GOVERNOR BUSBEE: If not, all those in favor of the 2S motion say aye.
. - - - - --------_..
(Ayes. )
PAGE 63
GOVERNOR BUSBEE: All opposed.
(Nays. )
4
GOVERNOR BUSBEE: We'd better do a show of hands.
5 All in favor of the Speaker's motion, raise your hands.
6
(Votes were cast.)
7
GOVERNOR BUSBEE: Five. All opposed.
8
(Votes were cast.)
9
GOVERNOR BUSBEE: Five.
10
(Laughter. )
'z"
11 "'o".
SENATOR HOLLOWAY: What do they call that, the hot
I0-
(~_\,.~j"~ ~ seat?
\\~'--//
GOVERNOR BUSBEE: Itll vote to go along and delete it.,
'-'-
14.~ I'll go with the motion. The motion is adopted to delete
<x
15 .:> "nor shall any public property ever be appropriated for any
3"'=">
j(J such purpose."
I do want to emphasize one thing though,
o
z
..:
17 ~ Albert, I concur with what you say and I would support
18 legislation to do that because I think it's totally wrong.
19
REPRESENTATIVE THOMPSON: That brings us to --
20
GOVERNOR BUSBEE: Also, in voting, I consider
21 appropriated to be used for, appropriated for a purpose, I
think you use it for a purpose, I think that's appropriation I
and quite different than taking public money from the treasury. I
I
REPRESENTATIVE THOMPSON: I thought appropriation
meant used also and I wanted to prohibit that too. ,L....._ _ -- _
I
~
r-- -- - - ----- _._.._--~-----_.~----_.-.
---------
PAGE 64
t I'II
GOVERNOR BUSBEE: Next we're going to lotteries,
l
I
!" :
!
"
.; tIiI it's deleted in XI
i
3
r
::
REPRESENTATIVE THOMPSON: We can just take all those I
4 II at the same time. We thought that there was no place for a
i,
s specific prohibition on lotteries, lobbying and this type
fraud in the Bill of Rights. If they should be prohibited,
7 they should be prohibited just like any other kind and that's
8 by statute, so we deleted those three provisions.
<)
GOVERNOR BUSBEE: All right.
10
MR. BOLTON: That's what, lobbying
U
7-
11 ~
REPRESENTATIVE THOMPSON: Lobbying, lottery and this
o
"-
~);~~~ ~ ~:9~'li:,j.\
12 ~~"' general fraud section here.
GOVERNOR BUSBEE: It goes on all the prohibition
----' 14 ~~ liThe General Assembly shall have the power to provide for the
'<
1:
15 ~ punishment of fraud; and, shall provide by law, for reaching
':":> 16 6'" property of the debtor concealed from the creditor."
cz'
<l
17 ~ that was taken out of all three of these paragraphs.
All of
18
All right?
II,
19 ! ii
SPEAKER MURPHY: Would that then mean, sir, that we
20 'II, could pass a state lottery by just a constitutional majority
II
?J :1 instead of a two-thirds majority?
"'i
22 '
REPRESENTATIVE CONNELL: If you take it out, it won't
23 be in there.
MR. HARRIS: You could treat that like any other --
MR. BOLTON: You could call it the Harris Lottery Act
PAGE 65
SPEAKER MURPHY: That's the way I would construe it,
2 that we could pass a state lottery with a constitutional majority and not have to have a two-thirds vote in the House
4 now.
5
GOVERNOR BUSBEE: Paragraph XI is the one old
6 Paragraph XI, we'll consider separately if there is no
7 objection and then we'll get to Paragraphs XII and XIII, on
lotteries. All right.
SPEAKER MURPHY: I didn't come here to raise trouble,
I
10 I just raise the question.
I
11 ',z."..
GOVERNOR BUSBEE: I think it's a good question.
"o
~
w
~ All right, now I need a motion though one way or the other,
~
to put it in or take it out, and then we'll have discussion.
The Articles Committee recommends to the Select Committee that
Article -- Paragraph XI on lotteries in the old Constitution
be stricken. You can read for yourselves what it does there.
SENATOR HOLLOWAY: I move the Committee's
IK recommendation.
19
REPRESENTATIVE SNOW: I second it.
20
GOVERNOR BUSBEE: The motion is made and seconded.
21 Any further discussion?
(No response.)
GOVERNOR BUSBEE: All those in favor, say aye. (Ayes. )
GOVERNOR BUSBEE: All opposed?
I~
-- --l ---------------
PAGE 66
(No response.)
!'II
2 II
:!
GOVERNOR BUSBEE: Deleted. All right, now having
I
3 il II I
completed that separately, on old Paragraph XII, is there any
I
I'Ii,
4 Iili objection to deleting as recommended by the Committee, old
11
I
5 Paragraph XII?
,
I
6
SENATOR HOLLOWAY: If you don't get that out of ther1'
7
i II
the
jails
are
not going
to
be
big enough.
I
II
8 II
'I
9 il deleted. 'i
GOVERNOR BUSBEE:
If there is no objection, it's
10
Old Paragraph XIII, is there objection to dropping
C)
z
11 oaf-: Paragraph XIII as recommended by the Article Committee?
0.. w
12 :
~~r'~
(No response.) GOVERNOR BUSBEE: If not, old Paragraph XIII i.s
14
;
<f-
:r
deleted
as
recommended.
15 .:>
C)
All right, Section III, General Provisions, Albert,
IX
16 3:> Paragraph I.
Q
Z
17 ~
REPRESENTATIVE THOMPSON: This is the eminent domain
18 section.
19
GOVERNOR BUSBEE: I've got real questions about that.
20
REPRESENTATIVE THOMPSON: Just let me say this.
21 This is an extremely complicated section and we sought all the
help that we could get. Mike Henry, who is on the staff, did
a lot of research on this and came up with some language which
24 i
:1 the Committee bought. He came up with it at our direction
[,
Ii 25 because the other language is voluminous, it's difficult to
r ~ PAGE 67 un.~ers~an~~-~-'- s two pages, three pages of language almost
2 'I which the Committee reading it had difficulty in interpreting
3 !II it. I understand the courts have done quite a bit in the way
II
4
I
Iil'
of
interpreting
that.
We had some other considerations.
The
5 II'II declaration of taking which was put into this for the benefit
Ii,
6 I! of the Highway Department. We were hoping that we retained
7 Ii that in the language that we have here because we think -- we
ii
8 agree that the Highway Department ought to be able to get
I"i
') " title to the property at the time of the original condemnation
10 without waiting for all the appeals and other things which
"z
II
....
ao:
would
go
along
with
it.
We added to this particular section
Q.
12 ~'" another departure which is that the reasonable costs and
II
(~~)_._. ~ /~:)YRd
expenses of contesting one of these things, the General AssemblV
i
-
14 ~ can provide by law for the payment of reasonable expenses,
I
':;,(
I
:t:
15 .:. but you're going to have to read this yourselves and come up I
""::>
I
16 'z.".. with whatever determination you want. a
I
z
<'
J "7
IX
'"
GOVERNOR BUSBEE: I don't know how to proceed on
I
I
18 i' this. There's been a lot of members who have expressed some I
19
concern on the Select Committee about this paragraph.
I
I think i
20 what we need to do is kind of discuss the major overall changes II
21 that you're making right here and then get the sense of the
I
I
1,
, Select Committee and if we have to have some redrafting based I
23 'on that, then we'll just have to have it redrafted. But let I
i,~ ~Oin~_~~ 24 I me see if I can state some of the changes.
I
2"
I_think_on_e Of_ the things thatl'<>Il're
-------. . --~---------- --~------
PAGE 68
-------~-------~---------
1
you had the case of White vs. Georgia Po"er Company, "here
2 you had a 3-3 vote by the Supreme Court and you had one Judge,
I
3 a Superior Court Judge filling in -- that was Marcus, wasn't !
4 it, filling in there? So you're disqualified.
5
Anyway, they held that the attorneys' fees would be
6 included in the condemnation award. Wasn't that the White
7 case that y'all had?
~;
JUDGE CALHOUN: Whatever the jury found was
<) necessary expense.
10
GOVERNOR BUSBEE: The Supreme Court then came back
~,
z
1I
...
o0:
in
the
B.P.O.E.
case
in
Dekalb
County
and
reversed
this
on
a
c..
w
~r~~ ~~
12
~
~
4-3
decision.
So what we would do is come back and reverse -- ,
I mean and say that it is included. That would be one change.
14 .:>..- I'm not arguing for nor against at this time
~
:x:
I) ,~
'".""J
The next thing that you did was you went along
lh
~ 'a"
with
the
declaration
of
taking
method,
on
prepayment
you
say
Z
17
0: ell
for
transportation
purposes
that
you
would
also
have
to
put
I (~ up the compensation for any other public purposes. Isn't
19 that one of the changes?
20
REPRESENTATIVE THOMPSON: They insisted that the
21 money that is uncontested -- this is just generally the idea
Y)
if there has been an offer of X number of dollars, that they
., ,
..... ~"l have to go ahead and pay that.
2f t
GOVERNOR BUSBEE: Right. And the next change, and
25 I, this would be a major change as far as State expenses are
J
L____
~
~__~_ _ . - - - -
PAGE 69
I r~~ncerned' along with those attorneys' fees, would be the
II
2 II relocation. The present law, you have the federal statutes
,I
311 where you have federal money involved, provides for attorneys' I
II
I
4 !I fees and for relocation expenses, a considerable amount of the
IiI!
5 federal monies can be used. This would extend that to the
6 ,I state. This is a substantial change as far as condemnation is
il
7 IIII concerned and eminent domain. ii,
1) 'I
REPRESENTATIVE THOMPSON: Governor, can I say this?
i:
]I
9 Ii The language is slightly different, it says that they may Ii
10 the General Assembly may provide for relocation expenses. It
"z
II
I-
.'oQ"...
says
that
they shall
provide
for
these
incidental
expenses
12
(~~~-S;-yd'~)/,)/r"~o
~
~~
and
attorneys' fees. GOVERNOR BUSBEE:
That's correct.
-----
J 4 >-
~
JUSTICE NICHOLS: I made some notes on this. If
<I.
~
15 ~ you'll let me read you what I think will take care of this
':":> 16 .~.. situation on your notes. "Paragraph I. Eminent domain. (a)
o z <
17 ~ Private property shall not be taken or damaged for public
II) purposes without just and adequate compensation " (insert
Ii
19 "first being paid period"). Strike out "in the manner and
20 at the time provided by law."
REPRESENTATIVE THOMPSON: You say "being first paid"?
-') I
JUSTICE NICHOLS: "Being first paid." Now that's
--'1
,..) where -- a person ought not to have to wait if they're going
24 to take his property, he ought to get paid for it when they
25 take it.
I
--------------------------~
PAGE 70
REPRESENTATIVE THOMPS;~:--~~-at-d-e-s-t-ro-y-s-~-h-e---I
Highway Department's ability to get title.
I
I
!
3 II
ii
GOVERNOR BUSBEE: That would do away with quick
4
Ii"
"
taking,
Judge.
-s il!i
JUSTICE NICHOLS: The Highway Department or nobody
Ii
(, Ii ought not
never have been able to take a person's property,
ii
7
ii
il
the Woodside
case
held
that.
I'
8 i property has been paid for.
The title never passes until the
I
9I
GOVERNOR BUSBEE: Go ahead.
10
JUSTICE NICHOLS: Let me go ahead with the rest of
cz?
IJ
~
o'"
this paragraph.
0-
w
~ 12 ~
"The General Assembly shall provide by law for
~r~ the payment by the condemnor of reasonable expenses incurred
14 .~.. by the condemnee in determining just and adequate compensation_!"
':<c
15 ~
":":>"
Now that's what the Constitution says now, "just
16
~
""z'
and
adequate
compensation".
17 ~
"(b) The General Assembly shall by law require
18 Ii the condemnor to pay just and adequate compensation as a
19 condition precedent to the exercise of the right of eminent
20 domain and shall provide for the disbursement of the same to
21 the end that the rights and equities of the property owner,
lien holders, and the State and its subdivisions may be
protected." The General Assembly shall do that.
24
"(c) Notwithstanding any other provision of the
25 i Constitution, the General Assembly may provide by law for
L
..
.__
..
- - --~----_.--~--
PAGE 71
relocation assistance and payments to persons displaced
2 ! through the exercise of the power of eminent domain.
3
"Private ways. In case of necessity, private ways
4 may be granted upon just and adequate compensation being
5 first paid by the applicant."
6
Now I think that would meet what you're asking for.
I.
7 It's sort of contradictory in one place where it says here
8
1\
II
"The General Assembly shall by law require the condemnor to
!I
9 make prepayments against adequate compensation . " What
10 does that mean? How much to pay against it? " shall
Czl
11
....
e<
require the condemnor to make prepayment against adequate
0
"w-
12 u'" compensation as a condition precedent . " Why not just
~@F ~
i=
z
w
require
the
condemnor
to
make
just
and
adequate
compensation
~
14 ,.. as a condition precedent? '-
'<
J:
15 ~
SENATOR HOLLOWAY: The quick taking is gone then.
Cl
:':">
16 '2". w
GOVERNOR BUSBEE: Let me ask if there would be any
0
Z
<
17 ''"" objection on the part of the Select Committee, Justice
18 Nichols has some observations that he has in writing there
19 that I'd like the benefit of. The Attorney General is
20 preparing some, the Transportation Department is concerned
21 about this. You couldn't build a highway until after there
'i" has been a determination and the money paid. But is there
,~
~J :: any objection to deferring action on this until the next
24 meeting and let us get this in writing, the recommendations as
25 to the wording itself? It's extremely complex and if anybody
LL
~
"------~--~-----~
PAGE 72
I
wants to make any proposal, we can exchange proposals before
2 we meet.
3
SPEAKER MURPHY: I've got no objection to that, but
4 I'd sort of like to do what the Chief Justice has done, and
5 go through what Albert has done. The Chief Justice has
6 written probably as many opinions on eminent domain as anybody
7 but I'll bet I've tried as many condemnation cases as anybody
8 in this room. I'll bet on that. And this is a great
9 I rendition of this thing. This is great.
10
GOVERNOR BUSBEE: As far as attorneys' fees and all,
Czl
11
fiX
I
know it is.
0
0.-
i
w
12 u'"
SPEAKER MURPHY: Governor, you're going to be amazed.\I
~~r~ ~ ;: z w You're going to be amazed, I've got circled here where it U on
I
14
>-
f-
says
"The
General
Assembly
shall
provide
by
law......
That ough~
'x<
I
15 ~ to be changed to "may provide by law".
."
'":>
16 czo w
The first sentence, "Private property shall not be
0
Z
~
17 ''"" taken or damaged for public purposes without just and
18 adequate compensation being paid in the manner and at the
19 time .. " That will leave the law just like it is now where
20 the Highway Department could do their prepayment, they could
21 take their land under the law as we've got it now or we could
22 go through the Special Master. That leaves it just like it is. i
23 The next sentence is not the law, this says you'll have to
24 provide. I think that ought to be changed to "may" and that
~5 would leave us where we are now. We could do that now by law.
PAGE 73
The next one is absolutely just really what the law is now,
2 but that "shall" ought to be changed to "may" too, Albert,
~ and that would leave us with the law we've got on the books
4 now, just like we've got it now.
5
The other one is new, ain't any question about that,
o but it's something we ought to address before the federal
7 courts make us address it really. And this is a great draft
of this law. I don't know who done it, but ever who did it,
q did a darn good job if you change those two "shall" to "may"
I 'J and leave it up to the General Assembly to' provide it. That's
'..'J I-
II ~ as good a draft of any constitutional provision I've seen yet
Q
c..
u,
12 ~ and I wish y'all would build another 1-20 through my district,
([b5;) ~sv~' rc,.n~,~-
\. \., ~/)//
~~
~,
I'd
like
to
have
twenty
more
cases.
That would suit me fine,
"
- -- .. ~ , -
14 t especially after we pass the attorneys' fee section.
'<"
I
(5 ~
GOVERNOR BUSBEE: I know you're in the process
MR. BOLTON: I'm really not qualified to get into a
"o'
Z
<l
J7 i::i great discussion of it, but I think the Highway Department
obviously wants to be heard it and I think we ought to try to
J9 get their views in writing where it could be presented to the
20 Committee.
REPRESENTATIVE SNOW: I move we pass it to the next
meeting.
23
I GOVERNOR BUSBEE: Before we do it now, making some
I
suggestions there what sounds like minor changes may be nlajor I
:"
"c_~an:~~ __i~ ~~~~ing ._1_think
~like thatI
_to
s_ee
the
pr~p<>sal~
r - ------------------------------------------- --- - ------------- - - - PAGE 74
r
II in writing if you would.
If there's no objection, we'll just !
Ii
:2 II postpone this until the next meeting. We're going to have to
"
3 Ii coordinate this, Robin, as far as getting these views in on
I)
4 this.
5
MR. HARRIS: Well if you get them, don't hide them,
6 send them on.
7
GOVERNOR BUSBEE: If you'll just give this to Mel or
8 to Robin Harris there, I know that -- we have your recommenda-
9 tions, the Speaker has made some comments, the Chief Justice
10 has got something in writing and Arthur, if you could from the
z" 11 ~ Attorney General's office, confer with those concerning state
o
"-
~
@r~;I 2 ~~ government, then give us your recommendations, we'd appreciate it.
i4 >-
I-
Is there any objection to postponing this section
'<
I
15 ~ of the Bill of Rights?
I
"IX
-:>
16 'z" w
JUSTICE NICHOLS: Here's what I'm talking about,
I
z0
17 ''"" when you talk about the declaration of taking which was passed i
J' 18 to let the Highway Department get the property by paying into
19 court and the other system is if you have a Special Master, yo
20 have it in that case, but also you have some sort of an
21 arbitor, you still have to pay the money into court. What I'm
saying is you can't take the property until you pay for it.
GOVERNOR BUSBEE: Right. I understand that.
2-1
SPEAKER MURPHY: That's right.
I
ll________
GOVERNOR BUSBEE: You're right o_n th_a_t_.__I_s_t_h_e_r_e_-.-JI
PAGE 75
~I' n=~~~bjeCti:-~~~Oing~~i':~~:here we=OUld get it in Writin~
2 ahead of time?
IqI
3I
(No response.)
4
GOVERNOR BUSBEE: All right.
i I
I
I
Now any recommendations!1
that you have, rather than coming up at the next meeting and
us hearing it, if we could just give it to them and then we
will circulate that to each of the members of our Committee
so if we have any questions we can find out beforehand.
9i
SENATOR HOLLOWAY: I'd like to have a fiscal note
10 of what the attorneys' fees will go to if we pay attorneys'
'z.;J.
It
.... o'"
fees.
~
,~
(C\~j))f~!C ~ !.r:o.~'2,!Vl,:>t
\
]2 :
;:;:
SPEAKER MURPHY: I liked the first decision, Judge,
>:
much better than I did the second.
\~-~~=-~~~~/ /
1
Jl ,>...
GOVERNOR BUSBEE:
~
<
I
! ') .0
JUSTICE NICHOLS:
"'":;)
1() ~ ques tion.
We'll try and get this, all right This is a very, very serious
z
<
17 :;
GOVERNOR BUSBEE: It is, I think ~~
JUSTICE NICHOLS: We have a situation over there on J9 the Court right now and we're getting into air rights now, 20 : you know, here in town. As it stands right now it's three 2l and three, Hall just left and went over to the federal court
and we don't know who's coming in and we don't know what his I
23 reaction will be but it'll be 4~3 whatever it is. And it's
I
i
a bad situation. Every time you have a change in personnel
i
I
25 on the Court you get a different law on eminent domain, on the i
.
--J
,'------------ --- - ------------------
PAGE 76
rr---~---_--~--__----
11 condemnation cases.
Ii
-- -------~-------- ---- - - - - - - - - - - - - - - - - - - - - - ,
i
--, II:i
MR. BOLTON: They're getting as bad as the Supreme
~i
3 :1 Court of the United States.
4
(Laughter. )
GOVERNOR BUSBEE: All right. If there's no
IJ objection, this section is going to be -- the entire section III will be carried over until the next meeting of the Select
Committee in order that we might give it careful scrutiny.
l)
All right, Section IV is Recall.
to
REPRESENTATIVE THOMPSON: There is one other section,
'.'J
II <~- that's Tidewater titles confirmed. We didn't change that.
o~i
0-
~
! -.. ~
GOVERNOR BUSBEE: That's under Section III?
REPRESENTATIVE THOMPSON: Yes, that's under Section
III.
J 5 ,~
GOVERNOR BUSBEE: If there's no objection then I'll
'" :'":>"
ib ~ just separate Paragraph III of Section III and leave it as is,
Q
'L
]' ~< Tidewater titles confirmed. Is there objection?
l~
(No response.)
19
GOVERNOR BUSBEE: If not, that's adopted.
:~o
REPRESENTATIVE THOMPSON: On that recall provision,
.,. 1 Governor, that's a recent expression of the people of the State
~2 of Georgia in the 1978 general election and we just felt --
~~3
GOVERNOR BUSBEE: No change.
I':
':4
REPRESENTATIVE THOMPSON: No change.
,~
GOVERNOR BUSBEE: Is there objection to the adoption
LC- ..
~ - - - - . - - - _.-- --~-------------------- - - - - - - - - - - - - - - '
PAGE 77
I lr~~~-'
2 1'1
MR. HILL:
l There was a recommendation that it ought
il
3 III to be transferred to Article II.
i
I
4 II,
REPRESENTATIVE THOMPSON: Yeah, there was a recommen~
dation that it be transferred. We didn't feel that it belonged
in the Bill of Rights.
I
I
MR. HARRIS: It ought to be in the Election Article.
SENATOR HOLLOWAY: Is that the recall?
GOVERNOR BUSBEE: Is there any objection on the
10 recall?
J4 ,.~.
':)
r
15 ,!\ except for Section IlIon eminent domain?
:J
'"::J
10
'])
'z
affirmative
motion.
,~
],
'""''""
JUDGE CALHOUN: I so move.
I think we need an
'X
'",I
'I
19 !
GOVERNOR BUSBEE: All right, is there a second? JUSTICE NICHOLS: Second.
~O
GOVERNOR BUSBEE: Is there any discussion?
21
(No response.)
", ..,
GOVERNOR BUSBEE: If not, all those in favor, say
aye.
:-1
(Ayes. )
,~
GOVERNOR BUSBEE: All opposed?
.-_. -.-._- _-----------1 rr-----------.. - ... ._.- ~--------~-~-
------.~--
PAGE 78
Ii
(No response.)
2 IIIi
II
GOVERNOR BUSBEE: It's unanimously adopted.
I
I
II
3 jl
JUDGE CALHOUN:
Mr.
Chairman,
I
think we
ought to
I
-- I
I
Ii
I
4 I the Committee ought to express its appreciation to
5 II Representative Thompson and his committee for the fine work
that they did, and I so move.
7
GOVERNOR BUSBEE: All right.
JUSTICE NICHOLS: I second it.
q :1
GOVERNOR BUSBEE: There's a motion made and 10 seconded. All those in favor, say aye.
(Ayes. )
GOVERNOR BUSBEE: All opposed?
(No response.)
GOVERNOR BUSBEE: It's adopted and Albert, we do
appreciate your efforts.
REPRESENTATIVE THOMPSON: Thank you, Governor.
GOVERNOR BUSBEE: We've already done Article II.
J8 II We're going to skip Article II for the time being. Isn't that
19
II
:i
II
your
Article?
20 I' I' ,I:
MR. BOLTON: I wish you would, you'd be doing me a
21 favor right now. Robin hadn't told me I was supposed to lead
22 the prayer today.
:: ,l :i
GOVERNOR BUSBEE: What we're going to do now is,
I
:: ,Article II is one of the Articles that was already adopted
I
0_and__we_ h~ve now Harold Clarke an~_~~~ge.smith on Articles ~
PAGE 79
one of you is in the biggest hurry?
It doesn't matter.
GOVERNOR BUSBEE: You want to flip a coin?
MR. CLARKE: I don't know that we've got a coin.
LT. GOVERNOR MILLER: Governor?
6
GOVERNOR BUSBEE: Yes?
LT. GOVERNOR MILLER: I'm serious about this. What
8 we do with Article V has a lot to do with how I feel about
9 Article III.
I
\0
I
GOVERNOR BUSBEE: Are you suggesting we take it firs~
and not let them flip a coin, all right.
Come around here, Judge. You had both IV and V,
Judge?
JUDGE SMITH: That's correct.
15 .:>
'-'
':">
GOVERNOR BUSBEE: Zell, you want to take up V first
1b
'z"
w Q
before
we
do
IV?
Z
l7 '"r~
LT. GOVERNOR MILLER: It doesn't matter.
IS
SPEAKER MURPHY: lIve got to get out of here at
19 five o'clock, I've got a basketball game to go to.
20
GOVERNOR BUSBEE: Go ahead with Article V.
21
JUDGE SMITH: All right, Article V relates to the
'._. " Executive Branch and divides itself into two general subjects,
.."...:.. \ one was the Office of Governor and Lieutenant Governor and
24 the other was the so-called Other Elected Constitutional
Officers.
T-~----~-~-~~---
PAGE 80 - - - - - ~--_.~ ~~~~~-~-- ._---~-~----------~~-
I
In regard to the Governor's Office, primarily it
i
2 II was a matter of cleaning up the language and cutting out a
II
3 I;!i lot of the specifics that we didn't think were necessary.
I'
:~
11
4
',I
Ii
We couldn't
figure out what an emolument from a
foreign
state
I,
5 meant, so we just left it out, things like that.
li i;
As I recall, the only substantive power that was
,
I
7 'Ii transferred was the power to suspend the death sentence
I
S ii pending the meeting of the Board of Pardons and Paroles and
9 that was transferred to the Board rather than in the Governor
10 himself.
GOVERNOR BUSBEE: The present Constitution provides
that the Governor can suspend it for up to ninety days for
the purpose of review.
JUDGE SMITH: Well it doesn't really say in days as
15~,
l'1
I
reco11ect.
We felt that that power was better exercised by
rX
~,
lu .~.. the Board C
Z
17 ~"
GOVERNOR BUSBEE: Take it away from the Governor and
give it to Pardons and Paroles, I concur. Go ahead.
19
JUDGE SMITH: Okay. In regard to the Lieutenant
20 Governor, there was a lot of discussion about the fact that he
21 has one foot in the Executive Branch and one foot in the
I 22 Legislative Branch. It is the recommendation of the Committee
23
ii
ii
that
he
not
be
in
the
Legislative
Branch,
but
be
designated
I
24 as a purely Executive Officer. For that reason, it is
I Ii
j
25 ~~ec~mm~nd~~_~ha t he not be the Presiding Officer of the Senate,
PAGE 81
-~--------------I
that the Senate, through the other Article, elect its own
2 President of the Senate.
3
The duties of the Lieutenant Governor would be
restricted to Executive duties as provided by law or as
5 designated by the Governor. And that was the essential change
6 in that Office. I might say that part of the thinking here
7 ! was that there might be characteristics in a Lieutenant
i
I~ Governor that the people would like for that office, but he I !
might not necessarily be a good presiding officer in the
!
IO legislature, and that people felt it was Eportant to preserve \
o z
II
Ii ~ the office in order to have someone standing by in the Executiv~
~
\
12 ~ Branch ready to take over the job of Governor in the event of I
('\ctr-Y,-~J/\I)'r-~'!:'!!!-
\ \,
.... I
~.~~
death
or
disability.
'--::'~:-=//
14
In regard to disability, that's contained in these
!;
<r
15 -0 sections. There was some confusion about temporary disability """;;>
1(, 3OJ and that was all reworked. There is a system provided here
Cl
z
17 ~ whereby a petition of certain Constitutional Officers and the
Speaker and President of the Senate, the petition of disability
19 may be filed with the Supreme Court. The Supreme Court judges i
20 whether the disability is temporary, they say when it's over I
21
i
with, and it provides for the Lieutenant Governor serving under!
n these circumstances be it permanent or temporary. The details II
are in there. I don't know whether you want to go over them I
one by one or not. GOVERNOR BUSBEE:
I
we~ I'm not suggesting, Judge, that
!'1\(;Y 82
read every word that you've done, we have a copy and we can
go down it.
JUDGE SMITH: I hope not.
GOVERNOR BUSBEE: I have some concern and I think
the Lieutenant Governor and the Speaker both had something
they might want to say on this, but I have a little concern
with this. Presently you have the Lieutenant Governor that
does have the duty of presiding over the Senate and he can
'.1 have such other things as the Governor may prescribe. Now
what you're saying is that the Lieutenant Governor would be
i i taken out of the Senate, he would not be a presiding officer
:\ (".~..(.'v~fi.<.)~t')t'!!"i !
""..-....~./- // /
there.
He would have no duties that he now has there. JUDGE SMITH: That t S correct. GOVERNOR BUSBEE: Now under the present law, the
,'.c' :~ Lieutenant Governor is the one that first would succeed the
;;:.
:)
I6
,f:~ ".
Governor
if
he
was
killed
or
disabled
and
so
forth.
All right,
C,
1.
(
I "J
,~
now ,~.,
he
would
then
serve
until
the
next
general
election,
when
, the people are going 10 be voting anyway. He would serve that
.J long. Under the proposal as I see it here, the Lieutenant
'{I
.'} Governor, if say the Governor -- if I was to die today, the
Lieutenant Governor would serve, under this provision, for
another three -- over three years.
,,
....1
JUDGE SMITH: That's correct, he would finish the
term.
GOVERNOR BUSBEE: Even though they were having anothe~
general election.
PAGE 83
---- --- --------- -----------------------------,
I
2
JUDGE SMITH: And be eligible for one more full
term.
GOVERNOR BUSBEE: That was one concern that I had.
The other one was this, that under the existing law now, the
other Constitution, if the Lieutenant Governor and I were to
both be killed today and the Speaker would take over, it would
be sixty days that he would serve and you're proposing that
he serve ninety days.
':J
JUDGE SMITH: That was simply to give them time
~j to set up an election. Everybody felt that sixty days was
1 j not enough.
GOVERNOR BUSBEE: But if the Lieutenant Governor
were to take it, he would serve for the full term, not just
1' until the next general election.
JUDGE SMITH: That's correct. The theory is that
he's elected for the purpose of succeeding the Governor,
whereas the Speaker is not.
1 .1
GOVERNOR BUSBEE: The concern I have is not really
.'.\1 that election part so much as that the legislature could take
such powers as it wants and give to the Lieutenant Governor
who has not run as a team with the Governor and if he was
running for Governor, that could present some real problems
because it would be taking away -- anything you gave him down
in the Executive Branch, if you send the Lieutenant Governor
84
down there and it says the legislature can tell him what to do
in the Executive Branch, prescribe his duties --
JUDGE SMITH: Well they would be executive duties,
not legislative.
GOVERNOR BUSBEE: That's what I'm talking about,
that's the Governor, but the legislature would be the one that
would be prescribing those duties that he'd be doing down on
o the second floor. You've run him off from the Legislative
Branch and put him in the Executive Branch and told the
legislature to tell him what his duties are. If he's taking
I I -- duties out of the Executive Branch --
JUDGE SMITH: Well, but they were supposed to be
limited just to executive duties.
,;. >-
~.
MR. TIDWELL: I think the point the Judge is making
r.-
<:
1:
15 ."1 is that they're not Chief Executive duties, isn't that right,
! i'~ ~ Judge, that they're not the Governor's duties but they would
('
i
<.
1 -.
'I' :,:)
be
executive
duties.
20 that.
-"1
Ll
i!
JUDGE SMITH: That's right.
I
GOVERNOR BUSBEE: But the legislature would prescribe. I
JUDGE SMITH: For example, if the legislature were
to say that the Lieutenant Governor could represent the
Governor on his designation on any of your function, that's
the theory behind it, and he would be empowered so to do it.
GOVERNOR BUSBEE: Who wants to lead off?
- _.
i ...__ ._ _1
PAGE 85
LT. GOVERNOR MILLER: I would prefer to leave it like it is. I think it's a system that has worked very well
3 II although I have no great problem with the Senate electing its
i own presiding officer. But if you're going to do that, I " think we have got to spell out some significant duties for the
" Lieutenant Governor. I also think we've got to look from a practical standpoint at what we're doing politically and th~t
~ is that we are almost going to force the Governor and the :) Lieutenant Governor to run as a team.
SPEAKER MURPHY: That's right.
LT. GOVERNOR MILLER: If you have the Lieutenant
:: Governor in the Executive Branch and you don't run as a team,
-
" you're going to have chaos.
I:
GOVERNOR BUSBEE: The chaos part was what I was
I) ,~, talking about more than the team.
(Laughter. )
7 IY
,
il
JUDGE SMITH: The Committee did consider whether
they ought to run as a team and rejected that, but they felt
! } that the public ought to be able to select, in essence, a
standby successor to the Governor by popular election and " independent of the Governor.
SPEAKER MURPHY: Is it my time? All I've got to say " \ is the State of Georgia cannot afford a Lieutenant Governor who
is nothing but a ribbon cutter and that's what y'all are making him. I agree with the Lieutenant Governor, he ought to
PACE 86
stay presiding officer of the Senate and you ought to give him a little more power in the Senate. Now that's what we ought to do to make him a functional officer and that's the only thing that I'm ever going to vote on.
SENATOR HOLLOWAY: If I was you, I don't blame you. (Laughter. )
SENATOR HOLLOWAY: I think the Lieutenant Governor and I feel about the same on this. For many, many years I have been trying to get the Senate on the same level with the House -- I'm not committing whether that's further up or further down, but as long as you have got a Lieutenant Governor that is like the Speaker, subject to the majority of that body's wishes, you're never going to have a Senate that can take its place in the legislative function in the way it '" should because the Lieutenant Governor -- and goodness knows, Governor Miller has done more for the Senate than anybody that I know, certainly all of his predecessors put together, but when you've got a Lieutenant Governor that's primarily ,} concerned with running for another office and things other than the Senate, he's not responsible to them whatsoever, he's elected by a different body. When the House across the hall elects its own leadership from its peers, it's a different ") ballgame. The two teams don't belong in the same league as far as I'm concerned and I think it's awfully important that the Senate elect its leadership for the reasons so stated, to
PAGE 87
put it on an equal basis with the House. LT. GOVERNOR MILLER: I can't argue with that
statement except that if you're going to do that, and this is the point I'm making, if you're going to do that you have got to make the Lieutenant Governor -- you've got to kind of spell out some of the duties he's going to do. You can't just leave it hanging there that he's going to be at the whim of the Governor. I do say again, as a practical matter what that you do is have them running together because if they don't then -- it just won't work.
SENATOR HOLLOWAY: Mr. Chairman -GOVERNOR BUSBEE: Yes? SENATOR HOLLOWAY: Let me give you an example, and I believe this firmly. I believe that say Governor Miller -I don't think anything is going to be done during his term, but say he was elected to the Senate of the United States, we would then have a Lieutenant Governor by rule of the Senate that wouldn't be doing a thing in this world but drawing his salary, whether we liked it or not because we could, by rules, take all of his powers away from him. The only power he's got is to preside over the Senate. Well that power exists with the Vice President of the United States over the Federal Senate but you don't see him around that much. SPEAKER MURPHY: That ain't what you'd have. You would not be Lieutenant Governor, you'd be the President of the
Senate. SENATOR HOLLOWAY: That's right. SPEAKER MURPHY: You would not be Lieutenant
Governor. SENATOR HOLLOWAY: I understand that. SPEAKER MURPHY: You'd be President of the Senate,
so you wouldn't be the Lieutenant Governor. You're just as wrong about that as you can be.
SENATOR HOLLOWAY: The Lieutenant Governor would " still be an office. We'd still get a new Lieutenant Governor
two years from now. The President Pro Tern takes over as President of the Senate, that's true, but only for a short time, spelled out.
I'm saying the same way that the House has got , leadership, when Lester Maddox didn't get elected in November ,. and had to be elected by the legislature in January. Well he I ; couldn't get all his horses together. The Governor had run
that House, as you well know, for years and years and years, but y'all were smart enough to see that opening when you had that November-December to call a meeting and get your team '1 together and since that day the Governor hasn't had much to say about running that House.
SPEAKER MURPHY: That's a matter of opinion. REPRESENTATIVE SNOW: Well he tries awful hard sometimes.
PAGE S9 REPRESENTATIVE CONNELL: He works at it. SPEAKER MURPHY: I think he has a lots of say, we have a great deal of respect for this Governor and we listen to him and we try to help him. GOVERNOR BUSBEE: I think we have a serious question here and you've got several options that you're talking about. Nobody else is expressing themselves. I don't see this hybrid, I think if you're going to have a Lieutenant Governor, he ought to preside and do something SPEAKER MURPHY: I do too. GOVERNOR BUSBEE: A full time position if you're going to pay him that way, or if you're not going to have him, trying to send him down to the second floor just for the purpose of hanging around until the Governor is killed or disappears
(Laughter. ) GOVERNOR BUSBEE: Then I think you ought to abolish the office, but -LT. GOVERNOR MILLER: Wait a minute. GOVERNOR BUSBEE: If you're going to require them to run as a team, if you want to take that approach, I don't think their running as a team works though in many states because then your Lieutenant Governor is trying to run for Governor while he's there and the Governor is trying to promotenm because they did run as a team, but the hybrid is what gets me.
I think that's bad.
LT. GOVERNOR MILLER: Governor, as you well know,
~ the whole trend throughout the united States is to make the
Lieutenant Governor a more responsible office rather than
making it weak or abolishing it. In fact, we've never abolishe~
-- let's just get this straight right now since it was brought
up. The Office of Lieutenant Governor has never been abolished
in the history of the United States except one time. Maryland
did it and then within a few years they reconstituted the
office.
In last month's U. S. News and World Report, I'm
. not going to bore you about it but let me just read you the
first two paragraphs:
"In state after state, new importance is being
attached to a job that was once considered as use-
ful as a fifth wheel, the Office of Lieutenant
Governor. With few exceptions, the men and
women who hold the number two positions in
1
America's state governments are shedding their
roles as mere ribbon cutters and stand-ins for
their Governors. Many of them enjoy significant
powers denied their predecessors over a generation
ago. "
I'm not arguing ~- I'm not against the Senate electin~
its own presiding office. The point I'm trying to make is if we
PAGE 91
go that route, and that's why I wanted to take up this Article first, if we go that route, for goodness sake, let's give the Lieutenant Governor something significant to do and let's let the people of Georgia know what it is. Just to hang it out there being at the whim of the Governor I think is bad and it also makes them run together. That's the point I'm trying to make.
GOVERNOR BUSBEE: What duties are -- are you going to give the duties by statute? The legislature will decide /1 what the duties are?
LT. GOVERNOR MILLER: I would prefer to see some of them written into the Constitution, but if we want to remain flexible and not do that, and I can understand the argument not to do it, I think we have got to come up with a statute, we've got to come up with a law before we put this before the people for ratification and certainly we've got to have it 'l'.l written into law before we ask somebody to run for the Office of Lieutenant Governor. Who in the world would run for Lieutenant Governor, run allover this state campaigning and raising money and not even know what his duties are going to be before he takes office.
SPEAKER MURPHY: Governor, you've put your finger on the flaw in this whole Article right here, the whole Article. Who in the world would run for the Office of Lieutenant Governor if he wasn't going to do nothing but just sit around
P.V,E 92
for eight years and draw his salary and not do a dadblamed
thing. You'd get the awfullest kind of fellow sitting down
there -- and you know I'm speaking, you'd get the awfullest
" kind of fellow sitting down there and he'd be the next man to
be the Chief Executive. You wouldn't get a responsible person
" that was willing to do that, you'd get somebody looking for a
7 gravy train and it just won't work, it just won't work. You've
S got to give him something to do and the only thing you can do
(} for him is be President of the Senate. That's the only thing
you can give him to do.
SENATOR HOLLOWAY: Let him be Speaker of the House.
12
SPEAKER MURPHY:
,!?~~\\. '
. ,(';,,;;J) Jr-"!!!:!!.'~ ~: the House, we'll do it.
If you can get it passed through
/// /'
(Laughter. )
SPEAKER MURPHY: We've had this argument before and
;:, i' I tried to help y'all abolis.h the job, you know, and we couldn't c' l:.
l~' :;; even get them to do it then and lain' t going to help you no
j)' more, I'll tell you that.
GOVERNOR BUSBEE: Somebody that's not a Governor, ::0 Lieutenant Governor or Speaker, speak up.
LT. GOVERNOR MILLER: I make this observation, the
Speaker and I started out tHS morning about 10:30 agreeing on
using marijuana for medical purposes, we were in agreement
there and it looks to me like we're getting closer and closer
as the day goes along.
PAGE 93
SPEAKER MURPHY: Let me make a motion and see if me
and him's still together. I move that we rewrite this
Article putting the Lieutenant Governor back where he is as
President of the Senate.
LT. GOVERNOR MILLER: Second.
GOVERNOR BUSBEE: The motion is made and seconded.
Is there any discussion?
SENATOR OVERBY: Yes.
SENATOR HOLLOWAY: Well, yes.
1U
GOVERNOR BUSBEE: Mr. Overby Senator Overby.
SENATOR OVERBY: I feel this way about it, of course
i(
i ~~~' :'C.:.:
1 1 m not I've had the pleasure of serving under a number of Lieutenant Governors and have enjoyed serving under our present
Lieutenant Governor. I just think that frankly that I feel -I now I agree with the fact that he should have some designated
2 duties, but I feel the Senate should elect its presiding
,
, officer just the same as the House does. And I agree there's
problems on it and maybe we need to rewrite and spell out some
provisions. But I think that the Senate should elect its
own presiding officer. Certainly I feel that the duties
should be specifically spelled out, as to what the Lieutenant
Governor does, other than being ribbon cutter or sitting in,
but I feel we should go that route or else we ought to think
about abolishing the office.
MR. HILL: Mr. Chairman, I'd like to point out that
1':\1 ;L 94 Michael Henry on our staff prepared a memo which outlines
about eight different specific duties that are available, if
3 you would want to be more specific about exactly what his
4 duties are, how other states have addressed the issue.
SENATOR OVERBY: I think we should have that informa-
6 tion where we can approach it.
SENATOR HOLLOWAY: I think regardless of what this
group does, you're going to have a Lieutenant Governor that
'i won't have anything to do and it's going to be done by changing
J'.) the rules in the Senate if we don't give him something, J i .. regardless of what this group does, because they can, by rule,
make him impotent. There's certainly no desire to do that
in the present term
(Laughter. )
I,,D.
MR. BOLTON: Gracious.
::'1
Ii,
SENATOR OVERBY: Let's don't do that.
GOVERNOR BUSBEE: I'm a farm boy myself, I wouldn't
want to do that.
19
REPRESENTATIVE CONNELL: You've also got him
succeeding the Governor for the unexpired term which is anywher
from one day to four years. That needs to be changed. Might
as well change it all at the same time
SPEAKER MURPHY: If we adopt mine we're in good
shape, Jack.
GOVERNOR BUSBEE: I have a motion and a second. I
don't quite understand the motion, but let's discuss it. The
!j motion is to leave it like it is. Go ahead.
SPEAKER MURPHY: That's right.
GOVERNOR BUSBEE: Go ahead, Representative Snow.
REPRESENTATIVE SNOW: I have a substitute motion,
and that would be regardless of the fact that it has been
suggested that the office is important throughout the nation,
I would move that it be abolished and that the right of
succession go to other constitutional officers that are
-
,! available and that we already elect.
\)
7
1!
GOVERNOR BUSBEE: The right of sucession you're
~
.,
! "J , ta~ng about now, like it would go to the Speaker and you'd
"\
J
.' have a general election wi thin sixty days, now ninety days is
what theyre proposing.
SPEAKER MURPHY: Oh, God, no. You'd have chaos,
just total chaos.
REPRESENTATIVE SNOW: Why would it be more chaotic
than it is already?
SPEAKER MURPHY: You're wide open but I ain't going "j to say it.
GOVERNOR BUSBEE: The substitute motion is that the
office be abolished.
REPRESENTATIVE SNOW: The Office of Lieutenant
Governor be abolished.
GOVERNOR BUSBEE: Then you'd have two questions if
96
you did that though, Representative Snow, you'd have to
address first. Presently you would have a Lieutenant Governor,
j if it was abolished, who would have a right of succession, who
would be the first and when would the election be called.
:;
REPRESENTATIVE SNOW: The election should be called
h at the next general election. The successor would be the
Speaker or --
SPEAKER MURPHY: No, no, no.
MR. HARRIS: Prior to the Constitution of '45, the
president of the Senate acted as Governor for a period of
,,
; i sixty days, during which time a special election was called l.' to fill the unexpired term of the Governor and then the second
person behind the President of the Senate was the Speaker.
SPEAKER MURPHY: What you're doing is totally
",
~
j5
"-.' I":'
interrupting
state
government
for
about
six months.
That's
"
,1 )
<-
1..1
about what
you're doing.
(,
?~
,
'.'.:1
GOVERNOR BUSBEE:
That sixty days is what it was
IX then, they propose ninety days, in three months or ninety
days, the people elect another Governor.
20
MR. HARRIS: And the change from sixty to ninety
was made simply from the standpoint of time in getting an
election called, ballots printed and distributed and all
this sort of thing. There's nothing magic about the ninety
other than just a
SENATOR HOLLOWAY: Do you have a list -- you don't
PAl~E 97
have copies of those duties that you researched?
LT. GOVERNOR MILLER: They sent them to us.
GOVERNOR BUSBEE: Let's see where we are and we'll
continue with the discussion then. We've got a motion, a
substitute motion and no second to the substitute motion.
I was trying to clarify your motion, Wayne.
REPRESENTATIVE SNOW: Okay, I think it needs
clarification. The motion was to abolish the office of
Lieutenant Governor. It wasn't thought through well enough
to see what would be the successor there, but --
1l -
GOVERNOR BUSBEE: Well we can come back to that,
but when are you making it effective? Then we can come back.
'.
You're not making it effective during this term I hope.
REPRESENTATIVE SNOW: Oh, certainly not.
(Laughter. )
LT. GOVERNOR MILLER: Taking into consideration
, what Holloway said rather than have it abolished, I think I'd
rather abolish it.
(Laughter. )
GOVERNOR BUSBEE: Okay. Is there a second to the
motion?
(No response.)
GOVERNOR BUSBEE: Is there a second to Wayne's
motion?
(No response.)
PACE 98
GOVERNOR BUSBEE: If not, your motion is out of
order and we'll go back to the motion that it be left as it is.,
3
JUDGE CALHOUN: Is that still open for discussion?
GOVERNOR BUSBEE: That's open for discussion.
JUDGE CALHOUN: I think that the Lieutenant Governor
now is sort of a hybrid office, partially Executive and
partially Legislative. I guess it's authorized by the Constitu-
h tion, otherwise it would violate the Constitution itself
'I having a member of the Executive exercise some of the powers of
j( the Legislative. So I agree with Senator Holloway that the
.',
c. Lieutenant Governor ought to have some specified duty. One
....
i.
u
1.: thing that is mentioned of course is the head of the Board of
Industry and Trade. I think he is an Executive officer, he
ought to be an Executive officer, ought not to be a Legislative
i ~ " officer. '.:... oJ' .>
1(, :..1
So I would oppose the Speaker's motion. GOVERNOR BUSBEE: All right, any other discussion?
LT. GOVERNOR MILLER: Let me make one more comment
IX and I'll make it very brief. I would hope that regardless of
,') whether this passes or is defeated that every member of this
20 Select Committee will give some close study to the Office of
2] Lieutenant Governor and its duties, not just here in this
state but over the whole United States. There is probably
nothing that is more misunderstood than the office of a
Lieutenant Governor. There is probably, nothing that has been .) criticized more than the office of Lieutenant Governor in recent
_ -
PAGE _-
99
.. _._._..
,_..
years and yet throughout this nation you find Lieutenant
,
:
Ii
Governors
like
in
Indiana heading up
the
same
thing
as
the
Department of Industry and Trade, you find in Massachusetts
and in other states them being the person ill charge of the
federal funds that come into the state. There are some
significant duties that a Lieutenant Governor can be given.
'I , If you're going to put him in the Executive Branch, let's
spell out these duties here in the Constitution or certainly by
law before we ask the people to ratify this Article. That's
the whole point that I'm making.
J 1 _.
,..IY~
SENATOR OVERBY: I agree entirely with the Lieutenant
l' I Governor, but I go right back to the same premise that the
,' ..: t
'j
;
, .' ,I! k'~1 ,. ~: Senate needs to elect its own presiding officer.
-t ._
i--
SPEAKER MURPHY: Mr. Chairman?
."
"r
GOVERNOR BUSBEE: Mr. Speaker.
,. c",
SPEAKER MURPHY: It must be obvious to this group
here after the discussion that we have had on the one paragraph,
of this Article today, there is no way this Article can be got
ready and submitted to the next session of the General Assembly
with any hope of passage. That must be obvious to anybody.
I would move that the discussion of this Article be
postponed until after the next session of the General Assembly.
All we're going to do is get it in such a mess, we ain't never
going to pass nothing. That's what's going to happen to us.
GOVERNOR BUSBEE: I've got a substitute motion that I
100
think we're going to have to vote on.
SPEAKER MURPHY: Yes, sir, what was the substitute?
i It didn't get a second.
-I
MR. HARRIS: It was the Speaker's motion. The
) substitute didn't get a second. It's the Speaker's motion.
GOVERNOR BUSBEE: Your motion -- the sUbstitute died
for lack of a second.
'l
MR. HARRIS: The Speaker's original motion is the
'-I one on the floor.
1'.1
SPEAKER MURPHY: I'll withdraw it. I'll take care
of that. Now I move that we defer further discussion of this
':.
1
~: Article until after the next session of the General Assembly.
GOVERNOR BUSBEE: Is that all of Article V?
SPEAKER MURPHY: V
."
-~
GOVERNOR BUSBEE: What is that?
MR. HARRIS: Executive Branch.
JUDGE SMITH: Well you have the Other Elected
, Constitutional Officers in there too.
Ii
~}
LT. GOVERNOR MILLER: I would agree with you, Mr.
~o Speaker, except also then you're going to affect Article III
) l because in Article III you've got that situation about the
Lieutenant Governor again.
GOVERNOR BUSBEE: Let me ask you this, as far as
J. this one
SPEAKER MURPHY: Sir?
PAGE 101
GOVERNOR BUSBEE: You're just saying it's because of the Lieutenant Governor, just that one thing, you want to hold up the whole Constitution as far as IV and V is concerned?
SPEAKER MURPHY: That one thing, it must be pretty obvious, you know, this pretty well indicates that there ain't no way we're going to get Article V ready where it can pass the General Assembly for submission to the people in the next legislative session.
GOVERNOR BUSBEE: Because of the Lieutenant Governor?
SPEAKER MURPHY: You agree with that, don't you? LT. GOVERNOR MILLER: I can see some real difficulties unless you have some real spelled out duties for the : -1- Lieutenant Governor, and that sort of thing. SENATOR OVERBY: If the duties were spelled out, Mr. Speaker, you wouldn't oppose it then, would you? SPEAKER MURPHY: Yes, sir. I've made my position abundantly clear I think, Senator. SENATOR HOLLOWAY: We had a motion and then we had a substitute motion that the Senate elect its own leadership. Does that not get voted on first? GOVERNOR BUSBEE: All right. I think Wayne's motion was one that was out of order because it was a substitute motion -- the main motion was the Speaker's motion and the Lieutenant Governor's motion that it be left as is.
PACE 102
The substitute motion was your motion --
SENATOR HOLLOWAY: Not mine.
MR. HARRIS: The only substitute motion was to
abolish the office.
REPRESENTATIVE SNOW: I made it and I did not get
a second.
SENATOR HOLLOWAY: The substitute motion that I
thought had been made was that the Senate elect its own
SPEAKER MURPHY: That ain't in this Article, that's iii in the Legislative Article.
SENATOR HOLLOWAY: Well, can I make such a
substitute motion?
GOVERNOR BUSBEE: Let me ask you this before you
make -- yes, I think a substitute motion is in order, but just
for a point of clarification, right now what you're talking
about is the Lieutenant Governor is in the Executive -- that
would be in III, is what you're talking about, part of the
Legislative Branch, trying to put him in the Fifth Article,
;-;
which is in the Executive Branch
.'(J
Now your motion is in order, but what I was talking
about, Mr. Speaker, is I don't see why you would go down
with all of Article V unless you were going to move him to
the Executive Branch and you couldn't figure out what you
were going to do with him.
But now going back to yours, a substitute motion is
PAGE 103 in order.
SENATOR HOLLOWAY: I make such a motion. GOVERNOR BUSBEE: And yours is that -SENATOR HOLLOWAY: And of course that would anticipate setting forth specific duties for a continuing Lieutenant Governor. SPEAKER MURPHY: What motion is he making? GOVERNOR BUSBEE: All right, so your motion is that the Lieutenant Governor -SENATOR OVERBY: I think it'd be an original motion -i now, Governor, since the Speaker has withdrawn his motion. GOVERNOR BUSBEE: Have you withdrawn yours? SPEAKER MURPHY: I withdrew mine. I don't know, the Lieutenant Governor may not have withdrawn his second, I don't know. GOVERNOR BUSBEE: I'm going to rule and it'll be a ruling of the Chair, but you made a motion, that motion is on the floor, a substitute was offered by Wayne Snow, he got no second, so your motion was left. You have asked to withdraw your motion. Do you want to withdraw it now? SPEAKER MURPHY: No, let's vote on it and get it over with one way or the other. GOVERNOR BUSBEE: All right, now you've got a substitute -MR. HARRIS: A vote on his motion is going to determine
the issue.
GOVERNOR BUSBEE: Wait a minute. Counsel is saying -1-
Charlie is saying that what you're saying should be addressed
in Article III. So your motion would be in order and when we
get to Article III, your motion would be in order there.
SENATOR HOLLOWAY: But it's also addressed in this
Article too. I'll move then that the Lieutenant Governor be
assigned specific duties and spelled out.
SPEAKER MURPHY: Well that's a substitute motion.
GOVERNOR BUSBEE: Your motion'is that you amend what's
provided for in here by providing that he'll have additional
. \"fr..j
bJ) ~ "
_.If, \ \
!
.":''''0
duties as prescribed by law SENATOR HOLLOWAY: Other than presiding over the
Senate.
! :::,
LT. GOVERNOR MILLER: That's what this says.
SPEAKER MURPHY: That's what this says.
SENATOR OVERBY: That's what you've got.
GOVERNOR BUSBEE: So if you have the same as the
!) Article Committee has, is what your motion is. All right, is
there any objection to ordering the previous question which ".o:..! the Speaker had and the Lieutenant Governor's motion, that's
the original motion that the Lieutenant Governor's Office be
left as is as far as presiding officer is concerned?
(No response.)
GOVERNOR BUSBEE: All right, none then, that's open
PAGE 105
I ' for discussion. Is there any further discussion on that motion? The sense of the motion is that the Lieutenant
Governor's Office -- that the Lieutenant Governor will remain
the presiding officer of the --
SPEAKER MURPHY: His duties remain the same.
GOVERNOR BUSBEE: Right, his duties remain the same.
All right, all those in favor --
'.:
SENATOR HOLLOWAY: And such additional duties
GOVERNOR BUSBEE: You will do that in Article III
though.
REPRESENTATIVE CONNELL: You'll do that in the other
',; Article, you can give him additional duties or keep it like
~ it is, that'd be the place to address it.
,.,.\
GOVERNOR BUSBEE: That's right.
All right, all those
':. in favor
1
c~;
SENATOR HOLLOWAY:
'~
'j ,:. has to be addressed here.
His presiding over the Senate
REPRESENTATIVE CONNELL: You could still give him
other duties.
SPEAKER MURPHY: That's right. SENATOR HOLLOWAY: But his presiding over the Senate has to be addressed here.
GOVERNOR BUSBEE: Okay, all those in favor of the motion, raise your hands.
(Votes were cast.)
f'AGL 106
GOVERNOR BUSBEE: Five. All opposed. (Votes were cast.)
GOVERNOR BUSBEE: Five to four, it's adopted. All right. Now you'll address this when we get back to III I suppose.
All right, that's adopted. Judge, I've kind of got lost in parliamentary --
JUDGE SMITH: Me too. GOVERNOR BUSBEE: -- procedure there. JUDGE SMITH: Where were we? I assume what has been done is that Paragraph III of Section I, which relates
to the Office of Lieutenant Governor is not adopted as drafted but whatever is there now will replace it.
GOVERNOR BUSBEE: Right.
JUDGE SMITH: There were some minor changes about
i.l.'
;.
16
l~:
'.1
residence
and
so
forth,
qualification
for
both
offices,
the
7
., succession was clarified, as I stated before, in the case of
varying degrees of disability. The questions that a couple
of you have raised, in terms of the Governor's Office, we provided for two terms and then there is a hiatus of a complete term and then he's eligible to run back after skipping
a term. In the case of a Lieutenant Governor, if he succeeds the Governor during a term, he serves the unexpired term and
only one more as Governor. There's a lot of confusion GOVERNOR BUSBEE: That carne up in Maryland.
107 t ',\ ~X'Cl'A'
,I
I'
JUDGE SMITH: There was a lot of confusion about
half terms and whether they count on the two-term limitation
and so forth.
In terms of the duties, they are essentially the
same except for the one that I mentioned. It was recommended
that all of the long language in that present Article relating
to canvassing the votes and all be placed over in the Elections
Article. Otherwise, the question of appointments and duties
are essentially the same. The language is hopefully cleaned
up. In terms of the other executive officers, there were
two officers that the committee recommended be deleted as elected constitutional officers. The first was that of the State School Superintendent and this, of course, related to the fact that you had a Board to set policy and an elected superintendent to set policy. It also related to the fact that more and more it's a professional type job and our committee
opted for the view that the Board should set the policy and the State School Superintendent should be responsible to the Board. So he was eliminated as a constitutionally elected officer.
The other office eliminated from constitutional election was that of the Comptroller General. Again, it was felt that it was getting more and more to be a technical type of job having to do with rate making and other complicated
PAGE 108
matters and that over a long period of time the opportunity of
getting a qualified person in that job would be heightened by
appointment. The ancient, historical reason for his election,
signing warrants and all, has virtually been abolished and
therefore it wasn't felt there was any more compelling reason
to have him elected statewide.
So that leaves the Secretary of State, Attorney
General, Commissioner of Agriculture and Commissioner of
Labor as state officers. Of course, the District Attorneys lU are also elected and are considered to be constitutional
officers.
The rest of it spells out the different duties --
SPEAKER MURPHY: Before we leave that, don't you
think we need to talk about it.
,.":.,
1:
I;:' .",:
GOVERNOR BUSBEE: All right, Mr. Speaker.
SPEAKER MURPHY: I personally will never agree for
" the School Board to be appointed and the School Superintendent
to be appointed, have appointed people running the schools of
Georgia. I ain't never going to agree with that. I will be
"'1
bftterly opposed to that at any section
I'm also going to
be opposed to taking the Comptroller Gener~l out as an elected
officer, I'm going to be opposed to that.
JUDGE SMITH: Let me just say as to the first one, the
selection of the Board is over in the Education Article and
, they have not yet, as I understand, Mel, come to a determination
i ACE 109
I I of how it will be, whether it would be elected, whether it
I:
should be determined like the Highway Board or appointed by the Governor. They haven't reached that.
SPEAKER MURPHY: The problem there, Judge, is a very simple problem because I've been facing it for years and years in my home territory. The problem there is if you're going to elect statewise school board members, you're going to have to give them full time jobs or you'd never get anybody to run and spend the money to run, to campaign. Consequently, you're either going to have to have them elected by the General Assembly, which the people ain't going to give up the right statewide to elect the State Superintendent or elect that.. It's just a matter of practical politics, people are giving up an elected office for nothing. They ain't going to do it " and there ain't no way you'd ever get a school board, state " school board elected by the people, it just can't be done. There's no way you could get qualified people to do it. Therefore, I think that it's just something that's just not practical any way you look at it. Ain't no way in practice in theory it may be beautiful to have your board, to get the best qualified man there is to be a school superintendent, but until you can elect the board, there ain't no way you can do that in practical politics. It can't be done.
JUDGE DEEN: Mr. Speaker, may I ask you a question? Are there any states that now presently elect the members of
the state school board?
SPEAKER MURPHY: I have no idea, Judge. I would
doubt it though, sir.
JUDGE SMITH: Some of them do.
GOVERNOR BUSBEE: Senator Holloway?
SENATOR HOLLOWAY: I've got a question. I believe
the Speaker mentioned the possibility of the legislature
electing the Board --
SPEAKER MURPHY: Like they do the Highway Board
members, right.
SENATOR HOLLOWAY: That'll never happen.
SPEAKER MURPHY: I agree with that.
SENATOR HOLLOWAY: We let the highway go, we're not
,i
going to let the Board of Education go. Of course the House
has got four votes to everyone the Senate has, there's
j 6 I. nothing right about that. ,~'. l c
SPEAKER MURPHY:
We think it's great, but we didn't
think y'all would like it.
SENATOR HOLLOWAY: The question I have, Judge, is
why was the Veterans -- is the Veterans Administration still
left in?
JUDGE SMITH: We haven't got to that.
GOVERNOR BUSBEE: That's in Article IV .
.,
t
SENATOR HOLLOWAY: But we're going to get to it,
aren't we?
J'AGE 111
JUDGE SMITH: I hope so.
I
~
SENATOR HOLLOWAY: You left it in, did you not?
JUDGE SMITH: Not I, the committee did.
SENATOR HOLLOWAY: What was the thinking, rationale,
of leaving them in --
SPEAKER MURPHY: We're way off the track now.
GOVERNOR BUSBEE: I think what brought this up for
discussion was he mentioned taking out Comptroller General
and the State School Superintendent and leaving in the
Commissioner of Labor, Agriculture, Secretary of State and
i"
Attorney General.
MR. HARRIS: As a necessary nuisance.
GOVERNOR BUSBEE: All right.
REPRESENTATIVE CONNELL: Governor, I think we have
l '," a serious question whether you could pass any of these
.~ Constitutional amendments if you take these away from the
people.
SPEAKER MURPHY: Ain't no question.
SENATOR HOLLOWAY: I move the Comptroller General be
put back in -- both of them, School Superintendent.
REPRESENTATIVE CONNELL: I second the motion.
(The reporter changed the tape.)
Harris.
GOVERNOR BUSBEE: We're back on the record now, Mr.
Just a minute. She's trying to transcribe this.
1':\',,!, 112
One at the time. Mr. Harris.
off.
MR. HARRIS: I was just talking while the record was
record.
REPRESENTATIVE CONNELL: We were talking off the
GOVERNOR BUSBEE: The motion is made and seconded
that the Superintendent of Schools and Comptroller General
remain as constitutional officers, that they be included, is
that correct?
10
All right, is there any further --
SENATOR HOLLOWAY: May I explain my motion?
GOVERNOR BUSBEE: All right.
SENATOR HOLLOWAY: I want to be consistent, take them
all out or leave them all in. I just don't see the thinking
<:
I:
;: ~; of hop-skipping and jumping around. I don't think there's a
, l~
-
;!
,i) ~. chance of getting them all out, so my motion was made to leave
c,
",
;:; it 1 ike it is.
GOVERNOR BUSBEE: Any further discussion?
JUDGE DEEN: Could we vote on these one at the time? .'1 i For example, I would like to vote to let the State School
Superintendent be appointed since he is a technical man and
an educator if we could -- now the Speaker says it can't be
done and the Lieutenant Governor says maybe some of the other
states elect the members of the State School Board -- now I
had the occasion last year, I don't know whether any of you have
PAGE 113
gone before the State Board of Education, but I went before 2 the State Board of Education to urge them to improve the law;
that is on one or two points, one was that teaching values clarification in our universities and public school which is homicide games, you know, you've got twelve people and they say you've got room for eight, you students pick out the four you want to kill. They teach suicide: for example, one question that students are asked, to whom would you tell if you have considered committing suicide. Now I told the State Board of Education, I said, to infer that suicide is a constitutional right or to teach young people the fallout shelter game which is one of '79's horrible permissiveness games, is I think behind a lot of our permissivenessin society. Of course, the School Board, I felt like was very outstanding people but kind of non-responsive. I think if you really want to sell a new constitution, half of your money appropriated , by the state government goes to education, and if you really want -- if you could have one member elected from each congressional district, give this power back to the people. Particularly on these games that teach permissiveness and I think help flood our courts with a lot of crime. That's the reason I would like to vote on them separately. I'd like to vote for professionalizing the State School Superintendent on the condition that we have elected School Board members. On the other hand, I'd like to vote to put the Comptroller
; ".\,"'I,' 114
General back in as a state elected official.
SPEAKER MURPHY: Mr. Chairman?
GOVERNOR BUSBEE: Mr. Speaker.
SPEAKER MURPHY: Judge, as a matter of practical
politics, let me give you my personal experience with the
School Boards and School Superintendents. When my illustrious
cousin, Judge Murphy, preceded me in the seat I now sit in,
he passed one -- our School Board is appointed by the Grand
Jury and our School Superintendent is elected by the people.
,n He passed a constitutional amendment to let the people elect
the Board of Education provided the Board of Education then
appointed the School Superintendent. It got beat four to one.
Ud
:i~.\;~J"~\''\);-~:"" ~, They ain't going to give up electing School Superintendent.
/I
/l
/"
They'll tell you, I don't mind voting to elect the Board but
, ,, ., I ain't going to give up my right to vote for a School
:.-'::
,(
,~ ."
Superintendent.
Cl
, ,.
Well, I thought I was smarter than him, you know,
~~ so I come along ten years later and I passed the same thing
to let them elect the School Board members and let them appoint
'J the School Superintendent. I got beat worse than he did, got
~l beat four and a half to one that time. They said we'll vote
to elect the School Board but we ain't going to give up our
right to elect the School Superintendent.
That's the way the people of Georgia are going to feel
about this, it's just that simple. That's just practical
I'ACE 115
politics.
MR. HARRIS: Well now seventy-nine counties voted
the other way, Mr. Speaker.
MR. BOLTON: We elect the Board and they elect the
Superintendent.
SPEAKER MURPHY: Well I tried every way I could to
get it passed.
REPRESENTATIVE SNOW: Basically, it would be very
desirable. This fellow who runs for Governor has to run
largely on what he's going to do for education. The person
,";
1 who is a School Superintendent has a set number of votes and
he is not -- most of the people in the State are not even aware.
\t' .
that they're even voting for School Superintendent. But the
Governor is the one who has to have full responsibility for
it. He's the one that ought to be making the appointment.
SENATOR OVERBY: I'd like to move the division of
the question, that we vote separately on the Comptroller
General and the School Superintendent.
GOVERNOR BUSBEE: All right. The motion is then that
the question be divided. Is there any objection?
(No response.)
GOVERNOR BUSBEE: If not, I'll divide the question.
The first question is the motion to reinsert the Comptroller
General.
Is there any discussion?
'I' "'116
(No response.)
GOVERNOR BUSBEE: If not, all those in favor say
aye.
(Ayes. )
GOVERNOR BUSBEE: All opposed.
(No response.)
GOVERNOR BUSBEE: Done. All right. The next
question is that the Superintendent be reinserted and be
'--i all right, what's the motion on the Superintendent? You
wanted to divide the question.
MR. HARRIS: Well his motion was that you divide it,
and that he be put back in as an elected official.
,,-\ :,vJj.'f\
(,\(<i.:-;.."~\)(!~'w,," C,
GOVERNOR BUSBEE: As an elected official. All right,
the motion is that the School Superintendent be elected --
wait a minute, stays as it is now, that he be elected by the
people. All right, and there was a second for that. So that
the question now is on the State School Superintendent, that
he be elected by the people.
Any further discussion?
JUDGE DEEN: Mr. Chairman, I'm going to vote against
this on the hope that we can elect the School Board. Now if
we can't elect the School Board, which we probably can't, I
would like to vote for this motion. But with no way of knowing
how --
GOVERNOR BUSBEE: Well, you can always ask to corne
PAGE 117
back and reconsider this.
MR. BOLTON: May I ask a question?
GOVERNOR BUSBEE: Yes.
MR. BOLTON: The State School Board as a constitu-
tional board in your proposal has been taken out
MR. HILL: It's a constitutional board.
GOVERNOR BUSBEE: It's a constitutional board.
JUDGE SMITH: It's under the Education Article.
MR. BOLTON: It is? Okay.
I;i
GOVERNOR BUSBEE: All right. All those in favor of
the motion that the State School Superintendent be left as is,
! " which is elected by the people, raise your hands.
(Votes were cast.)
"
GOVERNOR BUSBEE: Six. All right, all opposed.
(Votes were cast.)
GOVERNOR BUSBEE: All right, adopted.
JUDGE SMITH: Mr. Chairman, if I might mention one
thing, a sub-recommendation of our committee was that the jq , Comptroller General be renamed Commissioner of Insurance, as
being more descriptive of his duties. The public doesn't
know what the Comptroller General means, and we felt
Commissioner of Insurance was the largest part of his work
and for public identity for the people that elect him, in the
process of some claim or knowing what office to go to, that
would be a better title.
!'ACE 118
SPEAKER MURPHY: He's got other duties than Insurance Commissioner, he's got small loans --
JUDGE SMITH: He's got Fire Marshall and all of those. We considered all of those and even thought of a long name like Commissioner of Insurance, Fire and all that. We just
felt that for the people -MR. BOLTON: Fire ants, did you say? JUDGE SMITH: Of course, that's not in here because
it was eliminated, but that's a side recommendation that his office be called Commissioner of Insurance, that it would just help the public whether they're voting for him or not.
GOVERNOR BUSBEE: But that won't be included now in
. Article V, right?
!
JUDGE SMITH: Well since he's back in --
GOVERNOR BUSBEE: Does anybody move to change the
~.,
'~. name of the Comptroller General and call him -- anything?
Commissioner of Insurance or any other?
(No response.)
19
GOVERNOR BUSBEE: All right, there's no motion on
.. ) that. Judge?
JUDGE SMITH: I should point out that because of
the proposed elimination of those two officers, they were not
considered as petitioners on the question of disability and
in order to make it neat, I would say that you would go back
to having them petitioners and eliminate the Speaker of the
PAGE 119
House and -- well, it was President of the Senate, but that's been eliminated too.
What paragraph is that, Mel? MR. HILL: Paragraph II of Section IV. GOVERNOR BUSBEE: Paragraph II of Section IV.
(,
JUDGE SMITH: In other words, to bring a petition
you had to have three of the constitutional officers and in
order to have enough since those two had been eliminated we
had substituted in the President of the Senate and the
Speaker of the House. GOVERNOR BUSBEE: Let me interrupt, Judge. If you 'It
turn to page seven, line 29, you'll see what he's talking
, about, on down where it picks up on 26, "For the purpose of
this Paragraph, the officers who may petition the Supreme
1,
,~ Court for a determination of disability of an elected
constitutional executive officer shall include the following:
any elected constitutional executive officer, the President
of the Senate'and the Speaker of the House of Representatives."
I)
JUDGE SMITH: Now what you would do is just strike
that since you are reinserting back up in the top, the other
two officers.
SENATOR HOLLOWAY: Well we'd put the Lieutenant
Governor, wouldn't we?
JUDGE SMITH: Yes, he's already named in Paragraph I,
so it would be the Governor, Lieutenant Governor, Secretary of
PAGE 120
State, Attorney General, Commissioner of Agriculture,
Commissioner of Labor and now State School Superintendent and
Comptroller General.
GOVERNOR BUSBEE: Same as before.
JUDGE SMITH: You don't need --
GOVERNOR BUSBEE: Okay, is there a motion that we
do this?
SPEAKER MURPHY: I so move.
GOVERNOR BUSBEE: The motion is made. Is there a
Ii second?
i!
>.
(I
I.
JUSTICE NICHOLS: Second. GOVERNOR BUSBEE: Any discussion?
(No response.)
GOVERNOR BUSBEE: If not, it's adopted.
<. <L
All right, go ahead, Judge.
"' >
I
q
",::''1
l.
JUDGE SMITH:
can do with that one.
Well that's about all the devilment we
,.
J"
GOVERNOR BUSBEE: All right.
REPRESENTATIVE CONNELL: You're doing fine so far,
Judge.
JUDGE SMITH: I should point out that there are
some word changes, but I don't think they're of substance. We
have tried to get all of the specifics out of it and you will
find the phrase "as provided by law" throughout it, so that
we won't have to have the people come back every time we want
PAGE 121
to change the duties of one of these elected constitutional
officers. The General Assembly is given wide discretion in
prescribing the duties to be performed by the different
officers.
GOVERNOR BUSBEE: All right.
JUDGE SMITH: Okay, you want to turn to Article IV?
GOVERNOR BUSBEE: Well let's do this. Subject to
': the amendments that we have made, is there objection to
adopting Article V, as amended by the Select Committee?
i ')
JUDGE SMITH: I think it's worth mentioning, the
District Attorneys wanted to stay in the Judicial Article
~ and we put them clearly in the Executive Article. They are one
\:
i
, of the parties before the court, and as the committee looked
"
at it, they are Executive officers, they represent the State
against the citizenry and they ought to be in the Executive
l Department. So that is clearly defined in this Article .
1
GOVERNOR BUSBEE: Is there any discussion on that
point?
REPRESENTATIVE SNOW: About the DAIs staying in the
Executive Article?
,,
MR. HARRIS: Moving them from the Judicial to --
GOVERNOR BUSBEE: To the Executive.
JUSTICE NICHOLS: I would be opposed to that.
GOVERNOR BUSBEE: They were opposed to it today. They did come by --
JUDGE SMITH: Let me give you the thinking. The
thinking was that the District Attorney was one of the parties
before the court and it oughtn't to be mixed up with the
court. The court ought to stand alone.
JUSTICE NICHOLS: A conflict of interest.
l'
JUDGE SMITH: Sir?
7
JUSTICE NICHOLS: A conflict of interest.
JUDGE SMITH: That's right.
REPRESENTATIVE SNOW: We have gone through all that
10 on the Judicial Article. The majority of our committee
I.;
r-
'Y
favored
keeping
the
District
Attorneys
in
the
Judicial
?
L! Article. I think it's going to be awfully hard to change that.
JUSTICE NICHOLS: I think the Attorney General
) : ought to be in the Judicial.
< 1:
j : ,~,
JUDGE SMITH: Well he's in both places.
'i
He's a hybria. I
10 ~ In this draft he's in both. We were concerned with the Co
",:)::
" immunities question.
GOVERNOR BUSBEE: We need to resolve this point.
REPRESENTATIVE SNOW: I move that we remove the 2U District Attorneys from the Executive Article.
GOVERNOR BUSBEE: And put them back in the Judiciary?
REPRESENTATIVE SNOW: Put them in the Judicial Articl~.
JUSTICE NICHOLS: I second that.
GOVERNOR BUSBEE: The motion is made and the motion
is seconded. Any discussion on this?
, ---------- -,---,----,----"----
PAGE 123
SPEAKER MURPHY: You did something smart, what
happened to you?
REPRESENTATIVE SNOW: Why don't you go to the
ballgame.
"
GOVERNOR BUSBEE: All those in favor, say aye.
(Ayes. )
GOVERNOR BUSBEE: Let's do this over. All in favor
'-
of putting them back in the Judiciary where they are now,
.) raise your hands.
](1
,;"J
"'"
,:,~
"i.'
~
. ! -::I:
"
(Votes were cast.) GOVERNOR BUSBEE: Opposed?
(No response.) GOVERNOR BUSBEE: It's unanimous, they're back in
- the Judicial Article .,'.
1:
MR. HILL: Mr. Chairman, I should point out that the
'I
provisions on the veto power that are now in Article V have
been transferred to Article III and there is just a reference
-,''JI to the veto power of the Governor but all the specifics have
been switched to III. We can cover that when we get there.
\
GOVERNOR BUSBEE: All right, that'll be deferred untii
we get to III if there's no objectioh. ,I JUDGE SMITH: I think otperwise, there are mainly
language changes and eliminating a lot of archaic --
GOVERNOR BUSBEE: Any objection to the adoption of
Article V as we have passed on it, subject to the amendments
PAGE 124
made by the Executive Committee -- Select Committee.
2
(No response.)
GOVERNOR BUSBEE: If not, Article V is approved.
JUDGE SMITH: I ought to explain that we started
out trying to make the changes that we felt ought to be done,
(J irrespective of the political considerations. We didn't
I quite succeed even within the committee, but we have utterly
3 failed here today.
j) !
(Laughter. )
10
MR. BOLTON: I was just remarking how federal judges
~?
7.
are experienced in this.
JUDGE SMITH: Well we had a good time inside.
Assuming the sarne posture for Article IV, which is
Constitutional Boards and Commissions, the subcommittee on
15 ~: that Article started with the presumption that nobody should
iT.
:J
] h ~'"; be in there and you ought to have to show cause why the Board ' 7. </
11 :ii ought to be constitutional instead of statutory.
1S
As I recall, we've got forty-six boards in the State
I'
and-for some reason eight of them were included in the I
Constitution and the rest of them are statutory, and we couldn't I
21 see much rhyme or reason.
22
Based on that, there were three that were initially
put back in the Constitution as having high, direct public
interest. Everybody is interested in all of the boards, of
course, but a high, direct pUblic interest. They were the
~
.
.
.
...
i
PAGE 125
q--
II
Public Service Commission, the S~ate Board of Pardons and
Paroles and the Personnel Board because of the merit system.
We felt there were three principles involved there that ought
to elevate them to constitutional status.
.
Later on, there were two other boards added, one of
them was the Transportation Board and one was the Veterans
; Service Board, but if you'll look at your draft of Article IV,
the first is the Public Service Commission, the significant
change there was that it was recommended by the committee that
..,...
"I '\ those members be appointed by the Governor subject to
'~'I
;:
confirmation by the Senate.
(t
"-
j
..,
..
..
u
GOVERNOR BUSBEE: Let's take this a paragraph at the
..
7 time. All right, Public Service Commission, there's a drastic
C.,'
change there and that's up for discussion.
T
.:>
JUDGE SMITH: In all of these, we provided for the
u
OJ
3 current term to run out and then --
':1
I:
<.;
r~: ill
GOVERNOR BUSBEE: I understand. I think we had
!; better discuss these one at the time. For instance, on
II the Public Service Commission, you've heard the statement
.. j Is there
SPEAKER MURPHY: I move we continue to elect the
Public Service Commissioners in the manner they're being
elected now.
REPRESENTATIVE SNOW: I'll second it.
GOVERNOR BUSBEE: The motion is made and the motion
}' '(-r c'-\ .... '.
126
is seconded that the Public Service Commission be continued
as an elected commission. Is there discussion on this?
(No response.)
GOVERNOR BUSBEE: If not, all those in favor say
aye.
(Ayes. )
"7
GOVERNOR BUSBEE: All opposed?
(No response.)
GOVERNOR BUSBEE: So done. It's going to remain
1U the same.
~)
1.
Ii ,.
..0,o-
All right, next will be the State Board of Pardons
~
/t.~\",. ~. j1.'~
and Paroles.
,I;, us:~)i "
;;:
JUDGE SMITH:
I should point out for your benefit
".' ~
" /1/
'----
(4 i:::
on there, the current Constitutional Article is loaded down with
<i-
T
15-~.., different specifics limiting acts of treason and all of these
cr.
'OJ
16 ~
.w:.
specifics.
So all of those specifics were eliminated --
1.
GOVERNOR BUSBEE: Which one are you referring to,
Judge, under the Public
i9
JUDGE SMITH: Pardons and Paroles.
GOVERNOR BUSBEE: Oh, Pardons and Paroles, all right Go ahead.
JUDGE SMITH: So you'll see it divided here, (a) is
the composition of the Board and their terms are out of
kilter over there and there was an attempt made to get them in
_--- sync,
so
that
they will
have
a
common
__ expiration date. . . . . - - - - - - - - - _.....
PAGE 127 The only substance provided there is in paragraph (b) and then (c) of course is the delegation of power to the General Assembly. I think I ought to point out here that there's a basic change and this was discussed at length in the committee The way it is drafted here now, the legislature really has the power to override a rule or regulation of the Board of '\ Pardons and Paroles. The original theory, of course, was to transfer the power of the sovereign in the form of the Governot to an independent Board, and the way it has corne out of our committee the General Assembly has the power to override a ! , rule or regulation or policy of the Board. That's the way it carne out but I thought this group ought to understand that. GOVERNOR BUSBEE: Well let me say, Judge, two or three things on this State Board of Pardons and Paroles. The way the Articles Committee wrote that, and you were trying to get it where everybody would corne up at the first of the year and they could corne up before the Senate for confirmation, I \ "; think the Board itself had submitted a proposed substitution 'il for what you have there because there's some question about some of them would be serving six, seven and eight years. It would depend on JUDGE SMITH: Seven or eight. GOVERNOR BUSBEE: Seven or eight. JUDGE SMITH: We knew that somebody would run out in
128
January or February --
GOVERNOR BUSBEE: The other thing --
JUDGE SMITH:
and we tried to get them all at
the end of the year.
GOVERNOR BUSBEE: The other thing that you have in
there that they're concerned about is this, where you take
the clemency away from the Governor and you give it over to
the Pardons and Paroles. I mean, this was a heavy mandate
q
from the people, I think we all recognize this. We have
1(l
written in two changes now that limit the Pardons and Paroles
1.
Board; one is the armed robbery, you know, it's written in
for five years; one is where the death sentence is suspended,
the legislature has written in twenty-five years. Now what
their concern is, is, you know, that you have taken those out
but they can write down any limitation they want, but what
you have done is taken away from the Governor the clemency and
put it in the Pardons and Paroles Board to get it out of
something like happened in Tennessee I suppose and then now
to give it back to the legislature, that would be awful, I
:.!j
think.
REPRESENTATIVE SNOW: That is not the place for it,
we don't need that.
GOVERNOR BUSBEE: I don't think you do either, but -.
., I
they have come up with one that I wanted Charlie to explain,
PAGE 129
JUDGE SMITH: They appeared and, incidentally, I
don't believe in a limitation if you're going to transfer the ;! power. This is personally, but I'm giving you the thought of
the committee and they felt that the legislature ought to have
a check on the policies of the Board of Pardons and Paroles.
REPRESENTATIVE SNOW: Far too political for that,
react too much.
JUDGE SMITH: That was my concern, that in the heat
" of the times you might have
I:;
GOVERNOR BUSBEE: The only way the legislature can
limit them now is to pass a constitutional amendment and that
has been bad itself to pick out one crime at the time, but
that's better than nothing.
MR. BOLTON: What 'We had in the I 30' s was bad. From
" that we went to a Pardons and Paroles Board. We've had
, :.)
"~l
.,
; ~,
problems with it but
it has worked pretty good
L
GOVERNOR BUSBEE: I might point out, you have a
provision in the recommendations of the Article Committee
that will take from the Governor the right to suspend the
death penalty in order to give, you know, a hearing by the
Pardons and Paroles Board and put that take it away from
the Governor and just tell the Pardons and Paroles Board that
the presiding officer can suspend it long enough for them to
have a hearing. And I support this. I think the Pardons and
Paroles Board ought to be completely removed from the politica~
I'ACE 130
arena.
JUDGE SMITH: I do too.
GOVERNOR BUSBEE: Including removing that power from i
me.
SPEAKER MURPHY: Ain't all we got to do, Governor,
is strike the first sentence and say
GOVERNOR BUSBEE: If you would, let Charlie -- let
Mr. Tidwell explain what they had here. I think it corrects
that where all of them still have the same term, doesn't it,
,I
but --
MR. TIDWELL: The Pardons and Paroles Board was j ..~ disturbed that some of the terms would not coincide with the
present structure. I think the reason, as I understand it,
Judge, that your committee changed it at the suggestion of
. l S Justice Hill, is that they all expire at the same time at
".,
16
".'.:..1
the end of the year so then the Senate would be in session to
confirm the Governor's new appointees.
JUDGE SMITH: That's correct.
MR. TIDWELL: And the proposal by the Pardons and
Paroles Board preserves that concept but it does not apply to '
"1 1
.:.J present members. It lets everybody serve out their term now,
\,
their successors will be appointed to serve until the last
day of that seventh year and I think, as I understand it and :1 have studied it, it accomplishes the same thing but does it
a little later.
Pr-\GE 131
I
;
JUDGE SMITH: We had no motive other than to get
them in sync so that they all had a common expiration date
instead of one of them in May, one in January and we didn't
+ want the thing off kilter, so that you'd have the proper -, rotation.
l,
MR. TIDWELL: So I think they thought that was a
worthy goal also, it's just a matter of when does it get to
that point and that is their proposal as embraced in sub-
section (a), just as your committee.
10
';"l
;i
o
JUDGE SMITH: get the proposal.
I got the cover letter but I didn't
SPEAKER MURPHY: They didn't want you to see it.
II \'"'''1
MR. TIDWELL: Then the real crux of it is in
subsection (b).
,
'I
GOVERNOR BUSBEE: That was one thing, and this was
the other question I was talking about. This would add and
give it to the legislature. Presently the way it now reads, "The board shall be vested with the powers of executive
clemency, including the powers to grant reprieves, pardons,"
,",I and so forth. That's in the Constitution. Welve had local
constitutional amendments on a crime-by-crime basis but at
least the people voted on it in addition to two-thirds of the
legislature. But the way this one is started off with the
.!
preface, which they're concerned about and which 1 1m concerned
about and I think all of us are concerned to some extent, is
i'ALl': 132
you start off with the "Except as may be provided by law",
which means --
SPEAKER MURPHY: I tried to move to strike that ten
minutes ago and you wouldn't let me.
GOVERNOR BUSBEE: Okay, move.
SPEAKER MURPHY: I move that we strike it, the first.
line.
REPRESENTATIVE SNOW: I second it.
GOVERNOR BUSBEE: A motion is made and seconded.
Is there any discussion?
1. '.
(No response.)
GOVERNOR BUSBEE: If not, all those in favor say
aye.
(Ayes. )
r .-::
GOVERNOR BUSBEE: All opposed?
(No response.)
GOVERNOR BUSBEE: Doesn't that read -- how does that
read now?
MR. TIDWELL: Well that's what -- the Board's
proposal and there's another one in subsection (c), I think
all of the members of the committee have received the Board's
proposal and it essentially does what the Speaker said but
it also addresses -- and answered the question you had in
subsection (c) where you have to deal with it there. It says
that the duties of the board will be provided by law. Well
-'
l' AGE 133 you have to take that out also.
JUDGE SMITH: It would now be inconsistent since SPEAKER MURPHY: I move we strike "and powers and 'f duties" then. GOVERNOR BUSBEE: It would read as follows -SPEAKER MURPHY: "The qualifications, compensation, removal from office of the members of the board shall be as provided by law." GOVERNOR BUSBEE: Let me ask you if this is the sense of your motion, what they suggest as (c). "The qualifications and compensation of members of the board shall be as provided by law." SPEAKER MURPHY: No, sir, I think "removal" ought to be in there too. GOVERNOR BUSBEE: The what? MR. TIDWELL: In the Board's proposal, they have another sentence -GOVERNOR BUSBEE: "A member of the Board may be removed from office for cause only by unanimous action of the Governor, Lieutenant Governor and Attorney General or by judgment in the Senate in a trial of impeachment." SPEAKER MURPHY: No, sir, I like that to be fixed by law. I think that ought to be fixed by law. MR. TIDWELL: The sentence that they just read is the present law.
I'A(,E 134
SPEAKER MURPHY: I like it the way the commission's got it the best. I move that we adopt (c), strike "and powers and duties" in (c) and adopt (c) as it remains.
GOVERNOR BUSBEE: Let me make sure I understand your motion. How does he change it?
SENATOR HOLLOWAY: I second that motion. GOVERNOR BUSBEE: Oh, I see.
MR. BOLTON: I have no -- they're appointed, they
<) don't run for office. I always question the right to impeach
10 somebody who is appointed.
GOVERNOR BUSBEE: Right. So what his motion is,
, is "The qualifications, compensation, removal from office of
\\
1'.
/ )r'~"-''"''
//
jl
J-" >.
the members of the board shall be as provided by law." SPEAKER MURPHY: That's right.
"i ,:} 0:
.:n J) 2
:':J
GOVERNOR BUSBEE: All right. Second? SENATOR HOLLOWAY: Second.
GOVERNOR BUSBEE: Any discussion?
(No response.)
.'0 aye.
GOVERNOR BUSBEE: If not, all those in favor say (Ayes. )
GOVERNOR BUSBEE: Opposed?
(No response.)
.i
GOVERNOR BUSBEE: It's unanimously adopted.
SPEAKER MURPHY: What did we do about their terms
up there?
PAGE 135
- -~----------- ----------------------,
Did we agree with the commission or the Pardons and
Paroles Board?
JUDGE SMITH: The Pardons and Paroles Board.
GOVERNOR BUSBEE: We were going to go with their
recommendation as the proposal and with the consent of the
Articles Chairman.
SPEAKER MURPHY: I just wanted to know what y'all
done while I was gone.
GOVERNOR BUSBEE: Is there any objection to that
being incorporated?
(No response.)
GOVERNOR BUSBEE: If not --
SPEAKER MURPHY: That young man's got --
MR. HENRY: I didn't see the proposal, but I was
wondering if you wanted to specify the limitations on their
powers which is presently contained in the Constitution.
SPEAKER MURPHY: No. That's what we specifically
didn't want to do.
JUDGE SMITH: It'd be an outright grant. Philosophi~
".j
cally that's the theory.
GOVERNOR BUSBEE: All right. Now the next after the
Public Service Commission and State Board of Pardons and
Paroles, the next thing we have is the State Personnel Board,
Section III of Article IV.
JUDGE SMITH: I don't believe there were any
136 substantive changes here. There is a current limitation of
two terms and that was removed because we don't know anywhere
else there is a limitation of two terms.
MR. BOLTON: Actually, if you get a good one you
S ought to keep him.
JUDGE SMITH: We felt that was an unnecessary
limitation. I don't believe there were any substantive change~,
!:
8 were there?
c)
SPEAKER MURPHY: That was a terrible statement,
!O Arthur.
MR. BOLTON: I didn't mean it to go everywhere.
,,
J
I'll withdraw that. If you heard it, just forget it.
JUDGE SMITH: The change about the terms
GOVERNOR BUSBEE: Is there any objection to the
l~ ~ adoption of Section III, State Personnel Board?
:,
l (.
:I'
,. 1 ',' Z."
(No response.)
GOVERNOR BUSBEE: If not, it's adopted.
JUDGE SMITH: I should point out in Paragraph II, we
had some discussion there and the veterans preference is 2(; preserved there, but it only applies to state government. 2' There was some confusion as to whether a municipality or
county had to give a veteran preference and the commntee felt
that was going too far and we just left it for state
government and let the local governments decide on that.
,. GOVERNOR BUSBEE: All right. Is there any objection!
I
PAGE.; 137
to the adoption of State Personnel Board, Paragraphs I and a1s~
Paragraph I, veterans preference?
(No response.)
GOVERNOR BUSBEE: If not, it's adopted.
All right, State Transportation Board, Section IV.
JUDGE SMITH: All right, it's back in.
REPRESENTATIVE SNOW: Mr. Chairman, I move that that
State Transportation Board be as provided by law, not as
part of the Constitution.
i ".j
SPEAKER MURPHY: I think the worst part of it,
they've got it back getting us out of there again.
MR. TIDWELL: That's just like it was, Mr. Speaker.
JUDGE SMITH: The language is just like it is.
REPRESENTATIVE SNOW: If we leave it out of the
Constitution, the statute stays the way it is.
'-'
JUDGE SMITH: That's correct.
REPRESENTATIVE SNOW: We don't need it in the
Constitution. It's awfully had to justify keeping that one
in if we don't keep some of the others in.
SPEAKER MURPHY: That ain't the way I read this
thing now, Mr. Snow, you and Mr. Connell down there. If you
read that last sentence, "As each term of office expires, the
Governor shall appoint a successor as herein provided."
JUDGE SMITH: That was a scribner's error, that
should be
.I" ;1-(.',LI", 138
SPEAKER MURPHY: It sure was somebody's error, I'll
agree with that.
JUDGE SMITH: The intent was that the selection 4 process remain the same if we keep it in.
MR. HILL: That was just an error.
MR. HARRIS: They had already caught it.
SPEAKER MURPHY: They just didn't catch it in my
" draft.
MR. HARRIS: It was caught in pencil.
JUDGE SMITH: "Selected" is what it should be
11 instead of "appointed". (\ "",y REPRESENTATIVE SNOW:
That was a mistake, wasn't it.
MR. lfARRIS: It's supposed to read, "As each term
"I v
of office expires, a successor shall be elected as herein
:, provided." ~"le had already caught it.
GOVERNOR BUSBEE: You move now that --
REPRESENTATIVE SNOW: I move that the State
Transportation Board be as provided by law.
GOVERNOR BUSBEE: That's already the law.
REPRESENTATIVE SNOW: And eliminated from the
Constitution.
SPEAKER MURPHY: Is that not in the Constitution now?'
JUDGE SMITH: Yes, this Board is in there but a
companion statute so it would continue as a statutory board
REPRESENTATIVE SNOW: As a point of clarification,
PAGE 139
I
,
there are several boards that you folks have left out.
These
have, for some reason or other, been included. The first
three are definitely needed in the Constitution, in my opinion
JUDGE SMITH: They were the first put back in after
they were all eliminated.
REPRESENTATIVE SNOW: I'm going to do the same thing
with Veterans Service Board.
SPEAKER MURPHY: Well I'm going to move to put one
back in.
!I;
REPRESENTATIVE SNOW: Well -- good.
(Laughter.)
SPEAKER MURPHY:
c
~~ where you belong.
Why don't you go on in yonder
,I
I'
GOVERNOR BUSBEE: The motion on Section IV is to
1"
delete Section IV and go by statute. Is there a second?
SENATOR HOLLOWAY: Is the statute already in effect?
JUDGE SMITH: Yes, sir.
SENATOR HOLLOWAY: Then I won't vote with him, I'd
sure like to change the provision of how they're elected. If
we have to write another statute, that'd be beautiful.
GOVERNOR BUSBEE: Is there a second to del,~te it
from the Constitution?
(No response.)
!
GOVERNOR BUSBEE: There is no second.
The motion
dies.
PAC!', 140
MR. HARRIS: You're sitting too close to Judge Deen. GOVERNOR BUSBEE: Is there a motion now to adopt the Article Committee -SPEAKER MURPHY: No, sir, no, sir, I've got a motion I'm committed to make. GOVERNOR BUSBEE: All right, make it. SPEAKER MURPHY: I move we put the Board of Natural Resources back in. LT. GOVERNOR MILLER: I second it. GOVERNOR BUSBEE: Let me ask you one thing, I intended to do it. If you're going to leave the Transportation Board .J in and you're going to leave the Veterans Service Board in, you're going to kill the rationale I think of what has gone on anyway. So I think if you're going to put the State Transportation Board back in and you're going to put the Veterans Service Board in, there's no reason -SPEAKER MURPHY: I wouldn't mind taking the Veterans Service Board out. GOVERNOR BUSBEE: What rim saying is if you're putting those in, I think you ought to put back in your Natural Resources, which is the next thing, and your Industry and Trade. JUDGE SMITH: As a matter of interest, in the committee we talked about the Department of Human Resources, they spend more money than the others, why shouldn't they be in?
This was the kind of dialogue we went through. SPEAKER MURPHY: I'll give you one she's got
that dadblamed thing on again, ain't she. REPRESENTATIVE SNOW: Seriously though, is there
any rationale for keeping the State Transportation Board in the Constitution?
MR. HARRIS: Ego. SPEAKER MURPHY: No, sir, it ain't ego, it's a matter that some of us remember the old days, Mr. Snow. REPRESENTATIVE SNOW: Well we've still got a statute. SPEAKER MURPHY: Would you wait just a minute? Some of us remember the old days when somebody on the Board did something that somebody didn't like, they just repealed the board and got them out of office and started allover and put a new crowd in, and we just don't want it to ever get where that could happen again. That's just basically it. REPRESENTATIVE SNOW: Well I don't think that's ever going to happen. SPEAKER MURPHY: I don't either, but I don't want to take a chance. GOVERNOR BUSBEE: We have to have a motion -MR. BOLTON: Since we've had this Board I've not seen a Governor come on the scene who didn't name his director. REPRESENTATIVE SNOW: Everyone does. They've got
as much power now as they ever had before.
142 ---i
MR. BOLTON: I want you to know I stood on the
floor to explain this constitutional amendment y'all are
talking about.
JUDGE SMITH: The committee felt that if politics
was going to rule it, it doesn't make any difference whether
its statutory or constitutional.
MR. BOLTON: I said it would get it out of politics
insofar as you could get the Highway Board out of politics
,. and everybody laughed.
SPEAKER MURPHY: I was one of the three that voted
, against it.
:
GOVERNOR BUSBEE: Is there any objection to
correcting the scribner's error there about "As each term of
office expires, the successor shall be elected as herein
provided.. "? If not, it's -- the Article Committee's
report is so amended.
Now then the question is on the adoption of the
Article Committee's recommendation, is there a motion?
REPRESENTATIVE SNOW: Did we vote on Veterans
Service Board?
GOVERNOR BUSBEE; You made a motion and you didn't
get a second, it's out of order. Now the question is
REPRESENTATIVE SNOW; Mine was on the State
Transportation Board. You asked me if I was __<I<::?~n<J_to_~() it
143 , on both of them and I said yes but I never did make one.
GOVERNOR BUSBEE: The motion is on the State
Transportation Board and in Paragraph I we have just changed
the scribner's error there. Now it's on the State Transporta-
tion Board to continue as it is in the Constitution, as
recommended by the Articles Committee.
SPEAKER MURPHY: I move we adopt it.
GOVERNOR BUSBEE: It has been moved, is there a
second?
JUSTICE NICHOLS: I second it.
GOVERNOR BUSBEE: The motion is made and seconded.
Is there any discussion?
_'.i
(No response.)
GOVERNOR BUSBEE: If not, all those in favor say
aye.
"
(Ayes. )
GOVERNOR BUSBEE: All opposed?
(Nay. )
GOVERNOR BUSBEE: It's adopted. Everybody votes in
the affirmative except Mr. Snow. It's still adopted.
Veterans Service Board; how composed; commissioner.
Section V, that's your Veterans Service Board. Now what's
the reason that's in there?
JUDGE SMITH: Joe Wood was on the committee, he
had the votes. Let me say that the argument for it was there
144 was a feeling by some of the members that we were getting
further and further away from the World War II type of veteran i
and maybe the new generation wouldn't have an appreciation for the problems of the veteran and therefore it ought to be preserved in the Constitution. What else was it, Mel?
MR. HILL: That's the major reason. SPEAKER MURPHY: That's a pretty good reason. REPRESENTATIVE SNOW: I can't fight that. GOVERNOR BUSBEE: You can't? REPRESENTATIVE SNOW: I personally don't think these , boards need to be in there. I think we've got a good General Assembly now and will continue to have because we have independence in the legislature -- we have some independ~nce GOVERNOR BUSBEE: Independent of whom? REPRESENTATIVE SNOW: Independent of the Governor's Office. You helped to create some of these problems that you've inherited. So just for the purpose of being consistent" I move that the Veterans Service Board be eliminated from the
j':
Constitution. GOVERNOR BUSBEE: All right, the motion is made that
the Veterans Service Board be eliminated. Is there a second? (No response.)
GOVERNOR BUSBEE: If not, the motion dies. Let's move on.
Is there a motion that the recommendation of the
PACE 145
Committee be adopted? SPEAKER MURPHY: On what? GOVERNOR BUSBEE: Veterans Service Board. SPEAKER MURPHY: I move we adopt it. REPRESENTATIVE CONNELL: Second. GOVERNOR BUSBEE: The motion is made and seconded.
Is there any discussion? (No response.)
GOVERNOR BUSBEE: If not, all those -- well is there any objection?
(No response.) GOVERNOR BUSBEE: If not, it's adopted. SPEAKER MURPHY: I move we put Natural Resources Board back in as it was in the original -- in the present Constitution. GOVERNOR BUSBEE: What else was taken out, Industry and Trade and Natural Resources -JUDGE SMITH: Board of Offender Rehabilitation is another one. GOVERNOR BUSBEE: All right, you're talking about Natural Resources, that's your motion, be placed back as is. Is there a second? LT. GOVERNOR MILLER: I'll second it. GOVERNOR BUSBEE: It's seconded. Is there discussion on Natural Resources?
MR. HILL:
j'\C}; 146
l
Mr. Chairman, we have attempted with the
redraft of these boards to develop some consistency with the
language so if you're going to put the Board of Natural
Resources back in, I'd like to have the opportunity to bring
it in line with the others.
JUDGE SMITH: I was going to suggest there is sort
of a form here.
GOVERNOR BUSBEE: Is there any objection -- well
wait a minute, first did you want to put it back in?
SPEAKER MURPHY: I move we put it back in --
GOVERNOR BUSBEE: You accept the amendment in this
form?
'I
1;
: ; zI.~l 'a"
!
..,0:
aye.
SPEAKER MURPHY: Yes. GOVERNOR BUSBEE: All right. Discussion?
(No response.) GOVERNOR BUSBEE: If not, all those in favor say
(Ayes. )
GOVERNOR BUSBEE: All opposed?
.\j
(No response.)
GOVERNOR BUSBEE: It's unanimously placed back in.
JUSTICE NICHOLS: Governor, may I bring up something:
we've already passed? I want to throw this out here
'.1
GOVERNOR BUSBEE: We're leaving out the others now.
JUSTICE NICHOLS: I know. This is dealing with the
PAGE 147
Pardons and Paroles Board. I just wanted to make this comment Under the Constitution as it was , before the
Pardons and Paroles Board in death cases could investigate or 'I make an investigation in death cases, the Governor had to
trigger it before they could do it. Now I know that this is a headache to you but I'm thinking about the limitation. Here we have the Pardons and Paroles Board composed of five lay people and we have the death sentence. Now I'm saying we either ought to enforce it pr we ought to abolish it. In case after case after case, we've got them down there waiting six and eight years to be executed.
The Pardons and Paroles Board now under this thing when you take off the limitation, every case goes through there, they can have the authority after 27 judges -- and I say 27 because there are 12 jurors and the trial judge and seven Supreme Court Justices and seven Supreme Court of the United States Justices, that's 27 -- have said that there is sufficient evidence to convince a reasonable trier of facts
of every element of the crime has been proven beyond a reasona~le
doubt. Now after all that is done, the Pardons and Paroles Board can turn around and say you don't know what you're talking about, we're going to commute this or we're going to -they can absolutely turn them loose. Now without any limitation at all now. We only had one and that was from DeKalb County, up to "now, and they commuted that from death to life.
PACE 148
Now they go directly to the Pardons and Paroles Board and I
may be wrong, but I visualize that every death case you have
now is going to wind up in the Pardons and Paroles Board, that's
another delay after it has been to the Supreme Court of Georgia, Supreme Court of the United States and all these (; collateral issues have been thrashed out, you're going to turn;
it back over to them, that's another delay and they have the
complete authority -- and I don't know whether there's even
9
,i
a lawyer on the Board or not -- to say that these judges and
10 these jorors have heard the case, reviewed the record, they
',.,)
;,. have the complete authority to wipe it out.
;<:,-1//0.,
I know it's a constitutional board and they have
~/"~f~,;.-,"~-$r'~!\,!';,,,,,n- that authority but I was just concerned about the fact that
:4 , there is no limitation now since the Governor doesn't have to
<~
r
I :5 ,~,
~ trigger them. That's the only case, in death cases, where
=>
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the Governor has to, under the Constitution as it presently
G
J; I~:
is, has to give the Pardons and Paroles Board authority to
investigate.
19
JUDGE SMITH: Well on the general subject, we were trying to get the Governor out of the process, that the Board
,. l should not use the Governor as an excuse not to do this or
that, but the Board ought to take its responsibilities and
move forward. We, inside the committee we did not feel that
they should wait until the end of all litigation to start
PAGE 149 ready, to stop some of the delay that you're talking about. 2 They debated that back and forth but felt as a matter of ;! constitutional authority that it ought to be an outright grant and it would have to be corrected by appointment.
JUSTICE NICHOLS: If the legislature -- now this (, comes in again with the legislature having authority to put
some limitation on it -JUDGE SMITH: They don't under what you have just
adopted. JUSTICE NICHOLS: That's what I'm saying. As of
<',
now there's no limitation at all, they can grant everyone of , them and possibly will --
SPEAKER MURPHY: Judge-GOVERNOR BUSBEE: Mr. Speaker? SPEAKER MURPHY: The only thing that I can say on this is I'm fully cognizant of some things you have said, but the only argument in direct conflict or on the other side of this issue is, as I understand it the appellate courts, the jurors decide the issue of the fact, that's the way it's supposed to be done. The Superior Court Judge and the Appellate Court decide the question of whether the law itself has been complied with to see that this man is tried and sentenced to the electric chair. The function of the Pardons and Paroles Board would not be to look to the legal requirements of it, but would be to look to see if a jury had been
150
inflamed or something of that nature to grant -- to issue the
death sentence and that's the last say as to what the facts -,, are. I think that's basically the reason for that, isn't it,
Judge?
JUDGE SMITH: Yes. It's not supposed to be a legal
test but a mercy test, clemency test.
SPEAKER MURPHY: That's the reason it was put there.
GOVERNOR BUSBEE: It was taken from the Governor.
You have a right to commute a sentence -- in every state where
]0 you have the death sentence you have some right for some
V 7.
IJ b part of government to commute the sentence. The people took
"-
!,j.;
c:
'.' it from the Governor and put it in this Board, Constitutional
" 'p-' ~ \;,!__~I..!!..T~~"I:_ .. , Board. It's a question whether you're going to have anybody
with the right to commute a sentence or not. That might be in
order but unless there is a motion --
SPEAKER MURPHY:
,.
i:il can conunute it.
There ought to be somebody who
JUSTICE NICHOLS: To answer your question, Mr.
Speaker, in Jackson v. Virginia, the Supreme Court handed down,
last June, they held that the District Court Judge -- I'm
talking about evidence now -- the District Court Judge, after
all this has taken place, has the authority and is directed
SPEAKER MURPHY: That's the Supreme Court of the
United States, sir?
JUSTICE NICHOLS: Yeah. Mandated, that they go
PAGE 151
[,--
..----.--- .. _---------------1
through the records with a fine toothed comb and determine
just exactly what I quoted to you. They must find that there
is sufficient evidence in the record to convince a reasonable
trier of facts -- this is a quote -- that every element of
the crime has been proven beyond a reasonable doubt. Now
after 27 people have already said there is sufficient
evidence to do that, they still have
SPEAKER MURPHY: They said the District Court Judge
(} : could set it aside on his own --
'-
10
JUSTICE NICHOLS: Yes, sir, that's Jackson v.
:{,
; ~ 'r Virginia.
SPEAKER MURPHY: Since I got out of the criminal law'
,
" practice, I don't keep up with that any more but that is
.i .:~ ridiculous, I agree with that.
JUSTICE NICHOLS: That's what I'm talking about.
!f} .. Of course, I don't know that -- I went along with you on this
thing, I'm just calling it out to you because it's in the
Board. We created it as a constitutional board but I sometimes:
I
doubt the wisdom if we don't have some limitation Here are
five men who are laymen, know nothing about -- of course it's
a mercy thing, but thi.s is dealing with exactly what you're
talking about, evidence. Now if it's law that's a different
story, but under Jackson v. Virginia, that's what they held.
GOVERNOR BUSBEE: Any further discussion?
SPEAKER MURPHY: I move we approve the Article as we .... - -_._-_.. _ - - _ . _ - _ . _ - j
['A(;E 152
I 'i have tentatively approved each section.
2
GOVERNOR BUSBEE: The motion is made, is there a
second?
REPRESENTATIVE CONNELL: I'll second it.
GOVERNOR BUSBEE: The motion is made and seconded.
JUDGE SMITH: Unless there's some more boards you
want to put back in.
GOVERNOR BUSBEE: The Article is adopted.
(, i !
REPRESENTATIVE SNOW: You haven't heard from the
others, they'll be heard from.
SPEAKER MURPHY: Let me ask the question that the
,'.~'iY!(,~,
Attorney General has brought up, Judge Smith, that you might
.'(r;cJ)') - ;,~".".
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have the answer to that I had never thought of.
Do we have any way to get rid of any of these board
members if they ain't competent or anything like that, under
:'; ": our Constitution?
MR. BOLTON: These are just appointed board members,
they have the right to be impeached, you can actually impeach
them; as I view it, it applies only to an elected Constitution4l
officer. You shouldn't have to impeach a member of the ) I Department of Offender Rehab. somewhere. There should be a
method that the legislature could provide by law for removal
of appointed constitutional board members
.:l
JUDGE SMITH: This Constitution provides that
removal from office is a proper subject for the General Assembly.
PAGE 153
SPEAKER MURPHY: There is a provision for that in
\'-
the Article? All right.
MR. HARRIS: As to each one.
JUDGE SMITH: That's part of each one.
GOVERNOR BUSBEE: All right, that motion was adopted~
Thank you, Judge.
JUDGE SMITH: Thank you all.
GOVERNOR BUSBEE: Next -- Harold, I'm sorry the
Judge took so long.
JUDGE SMITH: It wasn't my fault.
(Brief pause.)
:>
"'.'
GOVERNOR BUSBEE: All right, Harold, you want to go
on and take off on yours then?
MR. CLARKE: Yes, sir. I do not have any boards to
. be put back in or removed. I think you'll find that most of
what we have here deals with fairly practical politics except
" for a broad basic philosophic thing, the Article being one
that gives a broad grant of power and then goes into limita-
tions, and I would hope that the Select Committee, prior to
.,
,., finishing its consideration of this Article would at least
.....'
make an expression for the record to build some legislative
intent or history in favor of the philosophy of there being
a broad inherent power of the General Assembly with specific
limitations. It is my feeling that this would go a long ways
in reducing the necessity for constitutional amendments down _ _ _ _ _1
the road.
PAGE 154
I suppose the best thing to do is go section-by-
section and paragraph-by-paragraph in those where there are
changes. Would that be okay?
GOVERNOR BUSBEE: I think that would be appropriate.
() If there are no objections, proceed.
MR. CLARKE: Paragraph I of Section I, there is no
change except as a --
SPEAKER MURPHY: There is a change.
MR. CLARKE: No, sir, I'm not to Section II yet.
Paragraph I is only a statement
'.:1
SPEAKER MURPHY: Oh, yeah.
MR. CLARKE: I'll get to that in just a minute.
Now Paragraph I of Section II, there is a change in h " that the present Constitution provides that the state Senate ll" shall have not more than 56 members nor less than 54. rrhis
changes it to exactly -- or rather, this puts a ceiling of 56
but puts no floor. There can be a reduction below the 54
under this provision.
SPEAKER MURPHY: Mr. Chairman
.' I
GOVERNOR BUSBEE: Mr. Speaker.
SPEAKER MURPHY: In the Committee -- subcommittee,
,\
which the Lieutenant Governor and I were members, we had this
.')
pegged at "shall be not less than 56 SenatorsUand in the next
one not less than 180. It got somewhere else and it got changed.
PAGE 155
" .-------------------r
I don't know when it got changed but I'm going to make a
motion, if it's all right, here and now that we change that
"more" to 'less than 56" and then you can make it for me on the
other one, will you, Governor?
LT. GOVERNOR MILLER: All right.
(,
MR. CLARKE: By way of explanation, I will say this,
-, that the Speaker is absolutely correct. The subcommittee set
it at not less than
,) - -,-
MR. HARRIS: Set it at 56. MR. CLARKE: Fifty six, you're correct, and then the!i
full committee changed that and put "not more than 56". So
'.' that is how this came about.
SPEAKER MURPHY: I move that we change the "more" to
"less".
LT. GOVERNOR MILLER: Second.
~:
Speaker?
REPRESENTATIVE CONNELL:
In both of them, Mr.
SPEAKER MURPHY: He's going to make the motion for
I"
us, I'm making it for him.
GOVERNOR BUSBEE: Let me ask you this, who would set
-- under the subcommittee, they recommended the exact number?
MR. CLARKE: Yes, sir.
so that
GOVERNOR BUSBEE: "Shall be 56" and "shall be 180",
MR. CLARKE: No, sir. The subcommittee recommended
PAGE 156
, " that it shall be 56 and the subcommittee then recommended that the House be not less
MR. HARRIS: The subcommittee said 180.
SPEAKER MURPHY: No, we didn't, we went back and
changed that.
MR. CLARKE: I believe for the House they said not
. less than.
SPEAKER MURPHY: We went back and changed that.
GOVERNOR BUSBEE: Okay, the motion is that paragraph,
iU (a) "The Senate shall consist of not less than 56 Senators,
c,O.
.. each of whom shall be elected from single-member districts."
::) "-
, , Is that the motion?
.II >. ~ -; :r
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SPEAKER MURPHY: Yes, sir. GOVERNOR BUSBEE: All right, is there a second?
LT. GOVERNOR MILLER: Second.
GOVERNOR BUSBEE: All right, any discussion?
(No response.)
]'i
GOVERNOR BUSBEE: All those in favor say aye.
(Ayes. )
GOVERNOR BUSBEE: All opposed?
(No response.)
GOVERNOR BUSBEE: It's adopted.
All right (b).
MR. CLARKE: I think the same thing is applicable,
so I don't think it needs any explanation.
PAGE 157
LT. GOVERNOR MILLER: I make a motion that we
"more ll to "less".
GOVERNOR BUSBEE: All right.
1
SPEAKER MURPHY: I second it.
GOVERNOR BUSBEE: The motion has been made and
" seconded. Any discussion?
(No response.)
K
GOVERNOR BUSBEE: If not, all those in favor say aye~
q
(Ayes. )
II \
" ...
GOVERNOR BUSBEE: It's adopted. All right, go ahead.
'" , z
1
'-,
MR. CLARKE: Paragraph II contains a change that is
,~.
12-
,-,
"
slight but nevertheless
important and significant.
It says
"The General Assembly may provide for apportionment of Senate
", !
and House districts. II That language is envisioned as allowing
r
for some general law which would -- could set up some sort
of commission to do it should the General Assembly deem it
c c,
0' wise. Otherwise it's pretty much the same as in the past.
GOVERNOR BUSBEE: Is there a motion on that? Is . I~j there objection to adopting Paragraph II of Article III?
'I,)
(No response.)
GOVERNOR BUSBEE: If not, it's adopted.
Paragraph III.
MR. CLARKE: Paragraph III has one change in the
'. age criteria for being a member of the Senate, it's changed
from 25 to 21, the same as the House.
t',\GE 158
SENATOR HOLLOWAY: I object.
MR. HARRIS: You haven't seen 25 in 35 years.
SENATOR HOLLOWAY: What's the thinking in changing
'T
it from 25?
SPEAKER MURPHY: We tried to bring the Senate up to
(, a par wi th the House.
(Laughter. )
GOVERNOR BUSBEE: Is there a substitute motion?
SENATOR HOLLOWAY: I think it ought to go from 25
\() to 45. I have a substitute motion that the Senate remain 25
j j years of age.
\'
GOVERNOR BUSBEE: All right, the substitute motion
is that the Article be changed to make it 25 years of age
I: ;; which is the present Constitution for the Senate. Is there a
'"1.
1S ~: second? " REPRESENTATIVE CONNELL: I'll second the motion.
GOVERNOR BUSBEE: The motion is made and seconded.
All right, is there objection?
(No response.)
.:0
GOVERNOR BUSBEE: If not, the Senate remains at 25
21 and I assume now --
1""1
SPEAKER MURPHY: Wait a minute now.
SENATOR HOLLOWAY: Shouldn't we vote on it?
MR. HARRIS: You'd better take a vote for the
record, Mr. Chairman.
PAGE 159
GOVERNOR BUSBEE: All right, all those in favor of
2 the motion, raise your hand.
3
(Votes were cast.)
GOVERNOR BUSBEE: Four. All right, opposed?
<; ::
(Votes were cast.)
LT. GOVERNOR MILLER: I want to explain my vote.
GOVERNOR BUSBEE: You can explain it, but you lost.
x Five to three, so the motion is adopted. Explain your vote in
less than fifty words.
:u
LT. GOVERNOR MILLER: The reason that I voted
11
against it, my original motion in our subcommittee was to
'
t ,
,
,
-
-,/
I
./ take the age qualification off altogether and I think we finally came up with that 21 as a compromise to that.
REPRESENTATIVE SNOW: Altogether?
LT. GOVERNOR MILLER: Altogether. If they'll
elect somebody -- don't you believe in the vote of the people?!
MR. HARRIS: You've been talking about it all the
time. ,;
SPEAKER MURPHY: How is that going to read now?
GOVERNOR BUSBEE: For drafting, is there any objecti~n
to "At the time of their election, the members of the Senate
shall be citizens of the United States, shall be at least 25
-
years of age " Let them draft it there but then it would
read 21 years for the Representatives. All right, is there
objection?
PACE 160
(No response.) GOVERNOR BUSBEE: If not, Paragraph III as amended 3 ' is adopted, 25 years for Senators.
All right, Disqualification is IV, let's move on.
,;
MR. CLARKE: Paragraph IV dealing with disqualifica-
(; tions, the main change there has to do with persons who are
on temporary active duty with the Armed Forces not being
disqualified, if they're on permanent active duty, they would. ,) Otherwise it's the same as previously.
GOVERNOR BUSBEE: Go ahead.
'.'j
MR. CLARKE: Skipping down then to (c) under IV,
.,
I. ~:.
there is the --
SENATOR HOLLOWAY: Mr. Chairman, there was another
J~t ,- change in Paragraph III evidently, the citizenry requirement
I s ..,,.~ of four years in the Senate and two in the House
::..'
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GOVERNOR BUSBEE: Say that again.
1:
'" .., <,
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))'
SENATOR HOLLOWAY: Was that not so?
18 II,:
MR. HILL: It was made uniform, that's right.
J9 )\
SENATOR HOLLOWAY: I would also like to move that
20 stay four years.
2J
SPEAKER MURPHY: Mr. Chairman.
,,,-,
GOVERNOR BUSBEE: All right.
.,
'-.
SPEAKER MURPHY: You two Judges, am I not correct,
has not the Federal Court ruled that you can't have a require-
ment over a year or something similar to that?
PAGE 161
------ ----- ------------1
I
JUSTICE NICHOLS: I'm not familiar with that.
!
i
REPRESENTATIVE SNOW: I have a recollection of that. I
MR. HILL: Those relate more to voting.
MR. TIDWELL: Voter eligibility, not -- I think
'; it's still within the purview of the state to set qualifications I
o for officeholders.
SPEAKER MURPHY: I'd just have to say a year is
long enough to live in a district.
GOVERNOR BUSBEE: All right. Is your motion -!) you want to reconsider the Paragraph III?
'i
SENATOR HOLLOWAY: Yes. We changed the 21 back to
I? ,~; 24 for the Senate and I --
.~ '. ,,-; I It,'
~1 l . i
GOVERNOR BUSBEE: Twenty five.
SENATOR HOLLOWAY: -- requirements for citizenship,
15 ,'J. four years.
:",
GOVERNOR BUSBEE:
You want it left the same as it is,
now, 25 years of age and four years of residence in the distri~t?
.:. ;.~
SENATOR HOLLOWAY: Yes.
SPEAKER MURPHY: What was it for the House?
GOVERNOR BUSBEE: Two years.
SPEAKER MURPHY: I think we ought to leave it one
year for both myself. I object.
'. ,
MR. CLARKE: Mr. Chairman, I believe the present
Constitution provides four years in the State and one year in
the district.
PAGE 162
GOVERNOR BUSBEE: For the Senate?
MR. CLARKE: For the Senate, yes, sir.
SENATOR HOLLOWAY: Well I just don't propose to
change it, I don't think we need it changed. GOVERNOR BUSBEE: What you would be doing, both of
them you would just have to have been a resident of the district for one year, but for the House you would have to be a resident of the State for two years and for the Senate a resident of 'i the State for four years. I think I'm right on that.
SPEAKER MURPHY: Yeah, you're right, it's a
_. resident of the State four years in the Senate and two years
in the House and one year in the district in both of them.
I really object to that. I can't see -- being a i I-~ ~., resident a year, that's long enough, if anybody's going to
r
~) ~':.~ elect them they deserve what they're going to get anyway.
,-,,;
) (.~ ~
SENATOR HOLLOWAY: I'd like to increase it.
"
GOVERNOR BUSBEE: Let's have a motion on it. We
i "~
have reconsidered so Paragraph III is up now. The recommendale; tion of the Articles Committee is that they will be 21 years
of age, been a resident of the State for two years and a resident of the district for one year. All right, now anybody i
10
-- that's the proposal, any change? Give me your change
proposal, any motion. SENATOR HOLLOWAY: I believe we've already voted on
the age situation, Mr. Chairman.
PAGE 163
GOVERNOR BUSBEE: Twenty five, right. We
reconsidered, you asked me to reconsider it. Is there any
objection to re-adopting the 25 year age limit for the Senate?
REPP~SENTATIVE SNOW: Why don't we make i t 25 for
both houses.
SPEAKER MURPHY: Let's make it 21 for both.
GOVERNOR BUSBEE: Is there a second? You remake
your motion for 25.
SENATOR HOLLOWAY: My motion was to increase the
iO two years to four years for the Senate.
\.;
GOVERNOR BUSBEE: Is there any objection to what
I you have already done? We have to reconsider the action that
..~ i /.,.. ,4 i I!" -
was taken in order to go back to consider the paragraph as a whole. If there is no objection to leaving your action of 25
years for the Senate, it's 25.
All right, now go to your residence requirement,
what's your motion on that?
SENATOR HOLLOWAY: That the Senate be four years
GOVERNOR BUSBEE: As a resident of the State and
one year as a resident of the district, which is what it is
today. The motion is made, is there a second?
REPRESENTATIVE CONNELL: I second it.
REPRESENTATIVE SNOW: I make a substitute motion tha~
I I
'J both the House and the Senate be four years and one year.
GOVERNOR BUSBEE: Do what?
PAG)i; 164
REPRESENTATIVE SNOW: I make a substitute motion that
the Senate and the House be four years in the State and one
year in the district.
SPEAKER MURPHY: Do you realize what you're doing?
REPRESENTATIVE SNOW: Not really.
GOVERNOR BUSBEE: A substitute motion is made. Is
there a second to the substitute?
SPEAKER MURPHY: You're giving all the advantage to
the Senate, don't you understand that?
1i-motion.
REPRESENTATIVE SNOW: I withdraw my substitute
"'Y'Y~1"
.,
SPEAKER MURPHY: When you seconded the motion,
(tiE";)) rC""~'.;; you're giving them the advantage.
~.,
/
REPRESENTATIVE SNOW: I didn't second his motion.
,'
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.:1
GOVERNOR BUSBEE: All right, the motion is then that
'"':;J
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it's four years
for
the Senate and two years
for
the House
t.:I
l.
;5
7!.1 I reckon by inuendo there .
SENATOR HOLLOWAY: I didn't do anything about the
I") House, Governor, at all.
20 I.
GOVERNOR BUSBEE:
Four years for the Senate, two
years a resident of the district. Is there a second to that
motion?
2.'
REPRESENTATIVE CONNELL: You said one -- one year
for the district.
GOVERNOR BUSBEE: One year, right. Four and one.
! All right, for the Senate.
PAGE 165
------------ --------------------j
Is there discussion?
i
(No response.)
GOVERNOR BUSBEE: If not, all those in favor say aye~
(Ayes. )
GOVERNOR BUSBEE: All opposed.
(Nays. )
GOVERNOR BUSBEE: All in favor, raise your right
hand.
"
(Votes were cast.)
GOVERNOR BUSBEE: Six. All opposed.
(Votes were cast.)
GOVERNOR BUSBEE: All right, it's adopted by six to
two.
J '.:
All right, next we have to perfect it for the House.
What's the age limit and what's residence.
SPEAKER MURPHY: What was it already?
GOVERNOR BUSBEE: Twenty-one, two and one. Twenty
one years of age, two years a resident of the State and one
year for the district. Is that the motion?
JUDGE DEEN: I make that motion.
REPRESENTATIVE CONNELL: I second it.
GOVERNOR BUSBEE: The motion is made and seconded,
is there discussion?
(No response.)
GOVERNOR BUSBEE: If not, all those in favor say aye~
1>\I;I~: 166
(Ayes. )
GOVERNOR BUSBEE: All opposed?
(No response.)
GOVERNOR BUSBEE: It's adopted. Is there any
objection having the drafting committee redraft that to reflect
your intent?
(No response.)
"
GOVERNOR BUSBEE: If not, they are so instructed.
Next paragraph, Harold.
,(,
MR. CLARKE: All right, sir, on disqualifications
" I believe we've already talked or perhaps we were just
!) .1 beginning to talk Paragraph IV, subparagraph (a) which deals
.-
-j
with persons on temporary active duty with any branch of
.I : the armed forces.
i ) .~)
,, u:
GOVERNOR BUSBEE:
:6 c~: any objection to that?
You did explain that.
Is there
(No response.)
GOVERNOR BUSBEE: If not, it's adopted. All right,
(b)
MR. CLARKE: In (b) there is no change from the --
)t
~., l
GOVERNOR BUSBEE: Any objection to (b)?
(No response.)
GOVERNOR BUSBEE: If not, it's adopted. Now you
wanted to discuss this?
MR. CLARKE: Yes, the present Constitutional
,
- - - --~~ - - - - - - - - - - - - - - - - - -
PAGE 167
provision requires that no member of the General Assembly
can serve as an appointed official in any job that is created
during the time he's in the General Assembly. This would
change this to simply say that he would have to resign in
) order to be appointed to that position.
GOVERNOR BUSBEE: All right, is there any discussion:
on this?
MR. BOLTON: Under the present law if you create a
new Superior Court Judgeship in a circuit, a member of the
General Assembly that was serving would not be eligible for
'1 ,l
appointment. This way he would be eligible for appointment
if he chose to resign.
MR. CLARKE: That is correct.
GOVERNOR BUSBEE: All right, is there a motion that
(c) be adopted?
REPRESENTATIVE SNOW: Moved.
GOVERNOR BUSBEE: The motion is made, is there a
second?
"
JUSTICE NICHOLS: I'll second it.
GOVERNOR BUSBEE: The motion is made and seconded.
All right, now is there any discussion?
JUDGE DEEN: I don't believe the people would like
that motion, but go ahead.
GOVERNOR BUSBEE: Well if you want to speak
1
JUDGE DEEN:
Well
i t just might be a _li~_t_t_l_e__ ~~~~ec t
iif 1
-
PAGE 168 an additional office was created by the General Assembly and
then several of those proponents were appointed to that -- I
would discourage it.
GOVERNOR BUSBEE: Any other discussion on it?
(No response.)
GOVERNOR BUSBEE: All right, all those in favor of
the amendment, raise -- rise and stand and be counted.
(Votes were cast.)
!O
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GOVERNOR BUSBEE: Three. VOICE: Four. GOVERNOR BUSBEE: Four, I'm sorry. All opposed.
(Votes were cast.) GOVERNOR BUSBEE: Four. Let's everybody vote.
(Laughter. )
GOVERNOR BUSBEE: No. I want to count your votes,
.
rJ-,
t: ,I, I I m not trying to pres s anybody on thi s. All in favor. I
S
f 7 ~ had five, is that right? No, wait a minute. All in favor of
the motion, rise and stand and be counted.
(Votes were cast.)
GOVERNOR BUSBEE: All right. All opposed.
(Votes were cast.)
GOVERNOR BUSBEE: Four. ~ opposed to that
provision, I think it's bad, so I'm against it.
SPEAKER MURPHY: What do you want to do then?
MR. BOLTON: I think go back to the old one.
PAGE 169
SENATOR HOLLOWAY: Is that a new provision? GOVERNOR BUSBEE: That1s a new provision, isn1t it?
MR. CLARKE: There is an old provision, this one is just a little more liberal than the old one in that it does allow you to resign and be appointed. The old one would not
allow you to be appointed at all.
MR. HILL: The present Constitution says IIOuring
the term for which he was elected, no Senator or Representativ~
shall be appointed to any civil office which has been created
during such term." And that language can now be inserted back
into this.
,.
"
GOVERNOR BUSBEE: Is there objection to reinserting
that?
, ,.~
(No response.) GOVERNOR BUSBEE: Then it1s reinserted. All right, Paragraph V, Election and term of
members. MR. CLARKE: There is no change in Paragraph V. GOVERNOR BUSBEE: Any objection to adoption of
Paragraph V? (No response.)
GOVERNOR BUSBEE: If not, it1s adopted. All right, Section III, Officers of the General Assembly.
,I
MR. CLARKE: Paragraph I has the obvious change
that has already been discussed by the committee regarding the
170 Lieutenant Governor, or rather the election of the presiding
) :, officer by the Senate.
GOVERNOR BUSBEE: We just addressed this now, I
don't know how to handle it, in another Article.
SPEAKER MURPHY: What Paragraph I did was put the
Senate in the same position as the House. In case the
'7 President dies or resigns or the Speaker dies or resigns
the President Pro Tern goes to the President's job just like
the Speaker Pro Tern does to the Speaker's job. That's all it
;,.1
does.
1\
MR. CLARKE: That's Paragraph I(b).
SPEAKER MURPHY: Paragraph I just puts it like the
House is now.
I)
MR. CLARKE: Paragraph I(a) provides that the Senate,
l5~:
-.~.
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1i :::
elect its own presiding officer. That's the one you've already acted on.
SPEAKER MURPHY: Oh, my God, when did y'all change
that?
.l \)
,I -'\.
.,
MR. CLARKE: At that same -SPEAKER MURPHY: Same meeting I wasn't at? MR. CLARKE: See what happens when you don't come.
SENATOR HOLLOWAY: I think that matter was addressed
on a previous vote.
GOVERNOR BUSBEE: We voted once.
REPRESENTATIVE CONNELL: This is where we wanted to
-
---- ----P-A- -G-E----1-7-1- - I
] " give the Lieutenant Governor additional duties.
SPEAKER MURPHY: Where is the language, Lieutenant
l " Governor, that we adopted in our subcommittee that worked
this thing over?
MR. HILL: Back in the files.
SPEAKER MURPHY: Well I want to go back to what the
subcommittee did, that's what I want.
REPRESENTATIVE CONNELL: This is where we have to
give the Lieutenant Governor additional duties. We already
,......
I' "
did keep him like he is, we want to give him additional duties,
:.
7
.:" and take that (a) out.
.,
LT. GOVERNOR MILLER: What you put there in place
of (a) is that the Lieutenant Governor shall be President of
the Senate.
SPEAKER MURPHY: That's right, shall be President
of the Senate and have such other duties as assigned by law.
\ .-; "Y-o
jI
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REPRESENTATIVE CONNELL: Thatls right, that's what
you want to do.
GOVERNOR BUSBEE: Now what you had in this other
one -- I think if youtre going to do this, 1 1 11 go along with
this, that you provide -- and you had it under V, "The
Lieutenant Governor shall have such executive duties "
First, hets the presiding officer. "The Lieutenant Governor
shall have such executive duties as prescribed by the Governor
and as may be prescribed by law not inconsistent with the powers
PACE 172
of the Governor or the provisions of this Constitution."
SENATOR HOLLOWAY: Is that the present?
GOVERNOR BUSBEE: That's what was proposed when you
,/ were going to expand his authority.
SPEAKER MURPHY: Where is the section that says
he'll be presiding officer of the Senate?
MR. TIDWELL: On page 12.
MR. HARRIS: Page 12 of the present Constitution.
'I
GOVERNOR BUSBEE: This is the way it would read
II (a) The presiding officer of the Senate shall be styled the
1' President of the Senate.
"(b) A President Pro Tern shall be elected by the Senate from
among its members. The President Pro Tern shall become
14 i"~- President in case of the death, resignation or permanent
(
:;:
, " ~ disability of the President.
"':1
SPEAKER MURPHY: We've done put the Lieutenant
: 7 Governor back as presiding officer of the Senate.
l:s I
GOVERNOR BUSBEE: Right.
lY I
MR. HARRIS: You've done that in Article V.
20
GOVERNOR BUSBEE: But here's what I'm getting to
right now.
MR. HARRIS: You designate him here as the President'
of the Senate.
REPRESENTATIVE CONNELL: That's what you need to do
,.::,
here and give him such other duties as provided by law.
PAGE 173
MR. HARRIS: When you specify in Article V, the
Executive Article, as you voted to change it, what the change
will now reflect is what you said, and that is that the
Lieutenant Governor shall be the President of the Senate.
That will be designated in Article V, so you don't need to
repeat it in Article III other than to eliminate that portion
of (a) that says "and shall be elected by the Senate from
among its members".
GOVERNOR BUSBEE: I think he's right. Is there
any objection then, to be consistent with what we have just
~ done, if we simply strike those words, is that what we voted
.~
"
., on, "and shall be " no
-
MR. TIDWELL: It's just the way you read it,
Governor. The way you read it is what Robin just said.
SENATOR HOLLOWAY: "The presiding officer of the
Senate shall be styled the President of the Senate." And
eliminate the rest.
GOVERNOR BUSBEE: Right. Is there objection?
MR. HARRIS: Now you have already said who the
-.
President of the Senate is . GOVERNOR BUSBEE: Right.
REPRESENTATIVE CONNELL: But here you want to also
say "and shall have have such other duties as provided by law. ":
You need to add that.
MR. HILL: That will be specified over in V.
PAGE ).74.
REPRESENTATIVE CONNELL: Would it be appropriate
for V? We said over in V we were going to specify that in
III.
MR. HILL: Well we're going to specify his
executive duties in V.
MR. TIDWELL: It'll be in V, Jack.
GOVERNOR BUSBEE: That's where you're going to put
it back now after you've taken this action, you're going to
put it back, II s hall have such additional duties as -- where
is that wording, I had it in front of me. You've already
~. got it in front of you on V, "The Lieutenant Governor shall
.1 have such executi.ve duties as prescribed by the Governor and
as may be prescribed by law not inconsistent with the powers
of the Governor or other provisions of this Constitution. 1I
'/1
I.
,,',
MR. HARRIS: And we're going to add back in there
1:1 as you have directed that the Lieutenant Governor shall be CJ t,
the President of the Senate.
I
GOVERNOR BUSBEE: Is there any objection to that now1
'4
(No response.)
GOVERNOR BUSBEE: If not -- well go ahead, Senator
Holloway.
SENATOR HOLLOWAY: IIWhen a President Pro Tempore
becomes President of the Senate as provided in this paragraph,
such President shall receive the same compensation, allowances
as the Speaker of the House of Representatives. The provisions
PAGE 175
ii of this paragraph shall become effective on the first day of
\1
)
iI
II
the regular
session of
the General Assembly."
Are we leaving
.J i,'I all that out?
GOVERNOR BUSBEE: No, that needs to be addressed.
I,
ii
6 because
SENATOR HOLLOWAY: Of course it does, sure it does,
SPEAKER MURPHY: All we did was change -- put the
same language for the Senate that we did for the House and
the Speaker Pro Tern, where if something happened to me, Jack :u would move up and he'd get my salary as a matter of law, just
~; .~
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like you would get his without all that garbage in Constitution
MR. HILL: That's handled by law, that's
the why
SPEAKER MURPHY: You can handle that by law, Jack,
\ :::
;.)
that's the way the law provides.
MR. HILL: And it wasn't felt -- I mean, this is
2.
.,.
exactly the same.
SENATOR HOLLOWAY: That sentence is in the law?
MR. HILL: Uh-huh, it's in the law now. You know,
20 that's the very kind of thing that ought to be mechanical --
", I,
SENATOR HOLLOWAY: I understand.
MR. TIDWELL: Is it, Frank? Is it in the law?
MR. EDWARDS: (Nodding head negatively.)
GOVERNOR BUSBEE: Wait a minute, Ham and Frank both
are saying that's not in the law now.
- ---- -- --.----- -
MR. HILL:
--'~
I
The intention is that this be covered by
law.
SENATOR HOLLOWAY: But we have to pass that through
the House in order for that to be.
MR. HILL: And the effective date is July of '81
(, to give us the next session of the General Assembly
SPEAKER MURPHY: Look, Mel, it says "The Speaker
" Pro Tern shall become Speaker in case of the death, resignation
or permanent disability of the Speaker." Now that means
J!! he's going to get the Speaker's salary and the Speaker' s offic~
I:,\s,v~d~\
1I
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1+ >
and everything the Speaker's got, is, he's going to get it. That's Arthur?
MR. BOLTON: Yeah.
whatever all that
little amount it can mean, ain't it,
SPEAKER MURPHY: Don't the same thing --
.,
t 6 Z"
GOVERNOR BUSBEE: I think you're right as far as
'':"1
<
I 7 ,'" that's concerned but I don't think you're right as far as the
\ C> Senate is concerned.
1c';J
LT. GOVERNOR MILLER: It's not in the law.
,'()
GOVERNOR BUSBEE: It's not in the law.
MR. TIDWELL: What this committee needs to do is
do what the subcommittee adopted on this provision, isn't
_.\ that right, Ham, you were a member of that subcommittee. And
.,
~_.~f it squared -- it put the Speaker Pro Tern and the President
, ;~
Pro Tern in the same posture of receiving the salary, but this
--,---- - ----.---- ' - - - ' - - -~----------.---_.'--
- - -~--- ---------
,._---_._------------ .----------._--_._--~-~---
PAGE 177 does not do it. What this committee has to do is go back and
2 adopt the subcommittee's proposal.
GOVERNOR BUSBEE: You want to move that we do this?
SENATOR HOLLOWAY: I don't want to jump into this
) thing hurriedly and take twenty years to straighten it out --
GOVERNOR BUSBEE: What I'm saying is this, you're
right it is not covered under the Constitution. It was a misapprehension -- well, I'll just say this, we were just wron~I,
it's not in the statute. So if you're going to correct it and I I
:J make it consistent, it needs to be done now.
MR. TIDWELL: I can go find it if you want to pass
on to something else.
I
, ,.~'
GOVERNOR BUSBEE: Let's just go to the next paragrap~
while he finds it, he thinks it's in there. Do you think it's
in the law, Charlie?
MR. TIDWELL: Pardon?
GOVERNOR BUSBEE: You think that's in the law?
MR. TIDWELL: It's not in the law but we've got a
proposal to put in the Constitution, everybody can see what
'-' we're talking about.
GOVERNOR BUSBEE: Okay, go ahead.
MR. CLARKE: Governor, what Charlie is talking about
is that the subcommittee had an entirely different Section III
".l and perhaps it would be well to skip over Section III until
he comes back with it.
PAGE 178
"
GOVERNOR BUSBEE: All right, is there any objection that we suspend on Section III?
(No response.) GOVERNOR BUSBEE: Go to Section IV then if there's no objection. MR. CLARKE: Paragraph I of Section IV deals with the time for meetings and the time for adjournment. The significant thing with regard to Paragraph I(a) is that it not only says you will meet in regular session beginning on the second Monday in Janua~of each year, but it also adds ; l "or as otherwise provided by law". There has been some talk !l ~: about the possibility of having a one-day pre-session session for organization purposes in December. This would allow that to be done by statute. The (b) of Paragraph I attempts to clarify the "..:
.:J
1(I f provisions for the Governor to adjourn both houses when there is a disagreement as to adjournment for a time not to exceed ten days. We had a lot of discussion about the exact language
','
.J in order to accomplish that. (c) provides that -SPEAKER MURPHY: Let me explain that to them. AI,
what happened there, you and Wayne and Jack will be interested in this, we felt like, and you have felt like in past years, th~ Senate has, that if. the Governor just wouldn't pass on a bill, you know, we didn't have any chance in the second year of our
PAGE
term to override his veto. We felt like -- I mean -- this L is just on adjournment?
MR. CLARKE: This is on adjournment here. SPEAKER MURPHY: We felt like, the Senate and I felt like the Governor ought to have a way to adjourn us. He ought to have a way to adjourn us if we were in disagreement, I and this is the simplest way to do it. If we send you a i: resolution to adjourn and you don't adopt it within the next day, I believe it is, I drew the language, but I can't remembe~ : (1 what it was -- if you didn't amend it and adopt it by the next:
.)
., day, if it wasn't adopted by the end of that next legislative
'"
day, the Governor could adjourn us for ten days. I felt like
i
I
we ought to have that protection when both of us get bullheade4 sometimes and ain't thinking straight or right, I felt like we ought to have that protection.
GOVERNOR BUSBEE: The limitation, Mr. Speaker, would be the ten days. Now there's some question about whether the !
..~'
Governor has a right to adjourn if you can't agree on adjournment and we get down to the twelfth hour, but in the event I did adjourn you, I mean, I can just adjourn you.
"I
SPEAKER MURPHY: That's right. GOVERNOR BUSBEE: What this does is it limits it clarifies first that the Governor can adjourn. SPEAKER MURPHY: That's right. SENATOR HOLLOWAY: It says that either house can send
J'AGE 180
such a
SPEAKER MURPHY: Yes, sir, either house.
3
GOVERNOR BUSBEE: Right. But it's limited to ten
days though.
SENATOR HOLLOWAY: Where is that?
MR. HARRIS: After the thirtieth legislative day.
7
SPEAKER MURPHY: On line 23, IIIn the event either
house, after the thirtieth day of any session .. 11
GOVERNOR BUSBEE: IIIn the event either house,' after !O the thirtieth day of any session, adopts a resolution to l! '. adjourn for a specified period of time and such resolution
and any amendments thereto are not adopted by both houses by
the end of the legislative day on which adjournemtnwas called
for in such resolution, the Governor may adjourn both houses
for a period of time not to exceed ten days."
c,.,'
!.
('. ,'r
SENATOR HOLLOWAY: length of time?
The time is what, after what
SPEAKER MURPHY: Thirty days.
MR. HARRIS: Thirty legislative days, talking about
20 the last ten days of the session.
,
SPEAKER MURPHY: I felt like we needed that protecti~n
when all of us get mad and upset.
MR. CLARKE: The importance of this insofar as the
people are concerned is it can avoid the necessity for
special sessions.
.'
-_ I .._~.---------~-_.~._'------'-~
PAGE 181
SPEAKER MURPHY: That's right. I think frankly it
would give the Governor a right that a lot of folks thought he
didn't have. I thought he had it myself.
't
SENATOR HOLLOWAY: I thought he and eigher house
could adjourn any time.
'l
GOVERNOR BUSBEE: Well that's what I think too, but
this clarifies it.
SPEAKER MURPHY: I thought he could too, but this
just makes sure it's that way.
"l
.: ......-
GOVERNOR BUSBEE: But it limits it to ten days SPEAKER MURPHY: It let's y'a1l stay in session if
we're impeaching somebody.
r '!L'_l'~""
..I)
,
REPRESENTATIVE SNOW: How about moving on. GOVERNOR BUSBEE: Is there any objection to adoption
" of (b)?
-'
I,
(No response.)
GOVERNOR BUSBEE: If not, it's adopted.
MR. CLARKE: (c) simply provides that if the, Senate
is involved in an impeachment trial, the House can adjourn and
\('
...:.'..) the Senate can go forward with its business.
,,
~, I
Do you want to take these up as we go along,
Governor, or just --
GOVERNOR BUSBEE: Is there any objection to (c)?
SENATOR HOLLOWAY: It says they shall adjourn, so it i
won't count as a legislative day.
PAGE 182
GOVERNOR BUSBEE: If there's no objection, it's
adopted. Go ahead.
MR. CLARKE: Paragraph lIon the next page, the
present Constitution prescribes the exact oath. This simply
:; says that the oath will be as provided by law.
GOVERNOR BUSBEE: Any objection to Paragraph II?
(No response.)
GOVERNOR BUSBEE: If not, it's adopted, III.
"
MR. CLARKE: The quorum provision here provides for
:0 a majority of the members to which each house is entitled
J 1 ~; rather than a majority of the members. I think the concern ,. o. 'J.:
J) v was what happens if you've got a vacancy. And this, as I
understand it, would be a majority of the full membership
14 ~ rather than the ones who are actually sitting.
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SPEAKER MURPHY: That was our intent. GOVERNOR BUSBEE: Any objection?
(No response.)
.., ~,
GOVERNOR BUSBEE: If not, it's adopted. Paragraph I~.
IlJ
MR. CLARKE: Paragraph IV is not now in the present
'I) I Constitution but just simply says that each house shall determihe
!I its rules of procedure. That's not in the Constitution
1 ' presently.
GOVERNOR BUSBEE: Any objection? Any discussion on
it?
(NO response.)
-~---------- - _ .. _ - - - - - - - - - - - - _ .... _ ..------!
PAGE 183
GOVERNOR BUSBEE: Any Obj~~t-i-O~;__-:------------l
(No response.)
i
GOVERNOR BUSBEE: If not, IV is adopted.
Open meetings.
MR. CLARKE: Paragraph V is one that was put in at
the full meeting of the committee and it does provide for
open meetings of .all committees and sessions of the General
Assembly, except where they are dealing with property trans-
I! actions or appointments or removal from public office, they
can have a statute which would provide otherwise. This is a
new section that is not in the present Constitution.
GOVERNOR BUSBEE: Paragraph V, is there any objectio*?
SENATOR HOLLOWAY: How about personnel discussions?
MR. CLARKE: Yes, sir, personnel considerations,
it says "shall be open to the public, except when the General
,L.. Assembly provides otherwise with regard to property trans-
actions or appointments to or removal from public office."
SENATOR HOLLOWAY: That doesn't answer my question.
MR. CLARKE: The appointment to or removal from
public office was intended to mean personnel matters.
MR. BOLTON: I'm just suggesting something here, if
you're going to put that in the Constitution, we had a case
why don't you make it a self-executing provision in the
Constitution where you won't have to go pass a law after you
adopt this.
PACE 184
GOVERNOR BUSBEE: I think the intention of the Articl~
I
I
Committee was that you wanted to write into the Constitution I
open meetings for the General Assembly.
SENATOR HOLLOWAY: I understand that.
GOVERNOR BUSBEE: And then what the Attorney
() General is saying now is if you're going to do that, why don't i
you just take the statute that now has these and make this
self-executing without having to come back and pass another
II
statute in the legislature.
MR. BOLTON: You could have a block I take it. This
- is a radical departure from practices of the General Assembly
when I was over there.
-.... _------
14
MR. HARRIS: I bet. MR. BOLTON: And I think if you're going to adopt
lr, ~ this, you would want to put it in there where one House could
" ~ actually thwart the meaning of this amendment, as I see it --
c.
,~~ in other words, I think you ought to put it in the Constitutio~
the right to have a closed meeting when you're considering 19 personnel matters, the right to have a closed meeting when
you're considering property.
:')
SENATOR HOLLOWAY: I agree with that.
")
MR. BOLTON: If you're going to say -- if y'all " , authorize us to go buy property at $10,000 and you announce it '
to the world, that's what we're going to have to pay.
GOVERNOR BUSBEE: I think thatts right.
SPEAKER MURPHY:
PAGE 185
--- --~..._.- ---_._------------,
I really don't see any sense in
,
,
...
this being in the Constitution myself, we've got a statute on
the books now. I see no reason at all for this to be in here.
GOVERNOR BUSBEE: How would this be, Arthur, to make
it self-executing as Charlie has it, "except when the General
Assembly is considering transactions or appointments to or
removal from public -- property transactions or appointments
to or removal from public office." That would be self-
executing.
SPEAKER MURPHY: Then we're in direct conflict with
the paragraph right before where we determine our own rules
; of procedure. Two paragraphs in direct conflict.
GOVERNOR BUSBEE: liThe sessions of the General
Assembly, all committee meetings, and all hearings shall be
open to the public, except when the General Assembly
"
SPEAKER MURPHY: Can I make a motion?
GOVERNOR BUSBEE: All right, go ahead.
SPEAKER MURPHY: I move we strike Paragraph V in
its entirety.
GOVERNOR BUSBEE: And not have open meetings in
the Constitution?
SPEAKER MURPHY: That's right, we've got a statute
on it.
MR. BOLTON: You've taken lottery out of the
Constitution.
PAGE 186
SPEAKER MURPHY: That's the way it come out of our
subcommittee.
GOVERNOR BUSBEE: I have no objection, I mean, 4 you've got a statute.
Is there a second?
MR. BOLTON: I'll second it.
GOVERNOR BUSBEE: The motion is made and seconded.
Is there discussion on it?
(No response.)
1U
GOVERNOR BUSBEE: If not, all those in favor say
(Ayes. )
GOVERNOR BUSBEE: All opposed.
J4 ,. :;; 1<0'
.! 5 ~I
'",;Yo
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c,
1.
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(Nays. ) GOVERNOR BUSBEE: All right, all in favor raise your hands.
(Votes were cast.)
GOVERNOR BUSBEE: Six. All opposed.
It) I'
(Votes were cast.)
20
GOVERNOR BUSBEE: Six to two. All right, it's
"L l
deleted, six-two.
Vacancies.
MR. CLARKE: Simply provides that when vacancies
occur they're to be filled as provided by this Constitution ori: by law. And I don't believe Mel, you can correct me if Il mi
wrong, there's no specific
yes, sir, Governor?
PAGE 187
~~--~ ------~--~--~1
I
GOVERNOR BUSBEE: Is there objection to adopting
Paragraph VI?
(No response.)
GOVERNOR BUSBEE: If not, it's adopted. Paragraph
VII.
MR. CLARKE: All right, Paragraph VII simply
provides that there will be no change in the compensation
or allowances prior to the end of the term. I believe that's
about the same as it is presently.
GOVERNOR BUSBEE: That's the same as the present
, language. Is there any objection to adopting Paragraph VII?
(No response.)
GOVERNOR BUSBEE: If not, it's adopted.
MR. CLARKE: I believe VIII and IX are also the
same as the present Constitution.
GOVERNOR BUSBEE: Is there any objection to
adopting Paragraphs VIII and~?
(No response.)
GOVERNOR BUSBEE: You have a slight change in X, go
ahead with X. The Chair hears none and VIII and IX are
adopted. X.
MR. CLARKE: In X, the main change is to extend the
privilege to committee meetings in either house as well as on
the floor of the hosue.
-_._-----_ _ ..... ---
i'Aca~ 188
GOVERNOR BUSBEE: All right. Any discussion?
(No response.)
GOVERNOR BUSBEE: If not, is there any objection?
(No response.)
GOVERNOR BUSBEE: Paragraph X is adopted. Paragraph
XI.
MR. CLARKE: Paragraph XI is substantially the same.
GOVERNOR BUSBEE: Any objection to adopting XI?
(No response.)
,1
"
GOVERNOR BUSBEE: If not, it's adopted. Section V.
l;
z
11 ,,'
o
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MR. CLARKE: Section V, Paragraph I, the only
\.,
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~
change I can think of is the fact that the present Constitution !
says that the journal shall be the sole record and this says
"sole official record ll , so it wouldn't be unlawful or un-
1') " constitutional to keep some other record. il:
,~
he
,7.
,
Q
7.
GOVERNOR BUSBEE: All right, is there objection to
1';
Paragraph I?
SPEAKER MURPHY: Can I ask these two Judges a
question?
--"~-'
GOVERNOR BUSBEE: All right.
SPEAKER MURPHY: Is there anything else we need to
.... :
put in here to help you people in the courts when y'all are
trying to determine what the intent of the General Assembly ist
JUSTICE NICHOLS: No, I don't think of anything you
can put in there because if the language is unambiguous, I
PAGE 189
don't know where you -- it's according to what language you
2 use, if it's ambiguous or it's not ambiguous.
SPEAKER MURPHY: That's all I wanted to know, Judge.
GOVERNOR BUSBEE: Any objection to the adoption of
Paragraph I?
(No response.)
GOVERNOR BUSBEE: If not, it's adopted. Paragraph
II.
'f !
MR. CLARKE: Paragraph II, the only change is that
! D the present provision says that the Senate may propose
Ij
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7....
"(;
,
amendments to revenue bills and we thought that was unnecessart,
,j .,. "- it being obvious that they could anyway
";. \ GOVERNOR BUSBEE: Yeah. All right, any objection to:
Paragraph II?
r
(No response.)
GOVERNOR BUSBEE: If not, it's adopted. Paragraph
III.
MR. CLARKE: Paragraphs III and IV remain unchanged. ,
There may, however, be a necessity for some change corning
from the Code Revision Committee when they deal with the
provisions of the Code.
GOVERNOR BUSBEE: Any objection to Paragraphs III
and IV?
(No response.)
GOVERNOR BUSBEE: If not, they're adopted. Paragrap~
PAGE 190
V.
MR. CLARKE: V I believe is the same, as is VI.
GOVERNOR BUSBEE: V and VI we'll consider, is there
1 any objection to adoption of V and Vi?
SPEAKER MURPHY: We made V more generous, Harold.
i VI, I mean, we made VI more generous.
GOVERNOR BUSBEE: It's VI that you've got the change
in.
MR. CLARKE: You're right.
GOVERNOR BUSBEE: You want to explain that change
~ in VI. Wetll reconsider on VI.
{I
MR. CLARKE: The roll call vote when ordered by
~ the presiding officer or one-fifth of the members present or
: ,; ,r, a lesser number if provided by the rules of either house. So <,.:
! '. " either house could set rules calling for a lesser requirement
,
:'
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on a
roll
call
vote
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SPEAKER MURPHY:
That's correct.
, '~
GOVERNOR BUSBEE: Any objection to Paragraph VI?
!9
(No response.)
:1 :
GOVERNOR BUSBEE: If not, itts adopted. Paragraph
., l
VII.
.. )
MR. CLARKE: VII has what I take to be a right
)
important change in that you would not under this have the
-+ requirement for the reading of a bill in its entirety on the
.. ~ third day. However if it were ordered by the presiding officer
PAGE 191
or voted by a majority of the members, it could be required.
E',
-
GOVERNOR BUSBEE: The Clerk won't just read every
3 fifth line at eleven o'clock at night.
.~
MR. CLARKE: Just read the caption as he does on the
.. first two days
(, ,
SPEAKER MURPHY: Or a presiding officer can order
I
it read in its entirety any time or a majority of the members
can order it read at any time.
GOVERNOR BUSBEE: All right, is there any objection
lU to Paragraph VII?
,
7.
!I ,;l'
(No response.)
1
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GOVERNOR BUSBEE: If not, it's adopted. VIII. MR. CLARKE: VIII is an attempt to do away with
some of the fixing in dealing with local legislation and
provices by law for a procedure to consider local legislation
provided that they must be read at least once and you can't
consider them until the third day following the introduction
and every bill must be voted on. Some way it was thought
there could be a shortening of the procedure perhaps by not
reading the caption on the first two days but having the
passage of those days.
GOVERNOR BUSBEE: Any objection?
(No response.)
GOVERNOR BUSBEE: If not, it's adopted.
MR. CLARKE: At the present time, as to Paragraph IX
FACE 192
there is a specific constitutional provision concerning notice i of intention being published. This simply says it will be as provided by law.
SENATOR HOLLOWAY: Question. I am assuming that staff is going to develop these necessary statutes that we're r-. going to have to that we're eliminating in the Constitution.
MR. HILL: We have not operated on the assumption that we will have. these to go this time. We have the effective
I date of July of '81, so that we can do the statutory work
iU next session.
iI
SENATOR HOLLOWAY: Oh, this --
o
MR. HILL: This is such an incredible amount of
changes in the statutes, we --
14
MR. HARRIS: There's no feasible way to get it done
1) ~ by this legislative session, so we put off the effective date
'"::J
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.r
"1.
until July 1, of
'81 which would give the 1981 legislative
session the chance to pass the laws.
MR. HILL: In a lot of these cases they are covered
by statute already.
I(J
SENATOR HOLLOWAY: Well you'd have to have destruct
devices and all that sort of thing too if this didn't pass.
MR. HARRIS: That's right.
MR. HILL: I wanted to point out one change in here that -- now this is in a statute currently, this very language
is in a statute currently, we know that. But the second
193 sentence of this provision is the one that says that no office
to which a person is elected shall be abolished nor the term
of the office shortened during the term for which that person
is elected unless there's a referendum on the question. Now
that's in the Constitution now, it has been omitted in this
draft and it is in the law, but the law could be changed. So
I don't know if you would like that to go back in. That's
something I thought I should specifically point out. That
is in the current provision on advertisement of notice of
intention to introduce local legislation.
SPEAKER MURPHY: I don't want it in the Constitution.
I.
GOVERNOR BUSBEE: I don't think it ought to be in
the Constitution. It's in the law.
SPEAKER MURPHY: That's the reason we left it out,
we didn't think it ought to be either.
1'1R. HILL: Well it is in the law now, so it; s
covered.
SPEAKER MURPHY: I don't think it ought to be in
the Constitution, Mel. It's late in the day.
GOVERNOR BUSBEE: Let me ask you on the advertise-
ment --
REPRESENTATIVE SNOW: What time does that ballgame
start?
GOVERNOR BUSBEE: Let's go ahead. Point out the
significant things. \le're on Paragraph IX. Was there any
194 objection to Paragraph IX?
(No response.) GOVERNOR BUSBEE: If not, it's adopted. All right, now point out MR. CLARKE: There is no change in X. GOVERNOR BUSBEE: All right, any objection to adopting Paragraph X?
(No response.) GOVERNOR BUSBEE: It's adopted. XI. MR. CLARKE: XI provides the same thing, I think, if anything requires a two-thirds vote doesn't mean that it's a waiver of the Governor's signature. GOVERNOR BUSBEE: Any objection?
(No response.) GOVERNOR BUSBEE: If not, it's adopted. XII. MR. CLARKE: Now getting into the matter of vetoes and the question of overriding vetoes and I really thing -this of course is a very involved thing, but I believe that the one significant factor in the whole thing is that there is a provision that if the Governor does not call for a bill the General Assembly can, by a vote of the majority of each house, send the bill down to him and he would have three days within which to veto it -- he'd have six days in which to veto it I believe and then three days to send an amendment back. At the present time the law is unclear as to whether or not the'
i .\CE 195
General Assembly can send the bill down or whether the Governo~ has to call for it.
MR. HARRIS: Two-thirds, though, not a majority. MR. CLARKE: Two-thirds, excuse me. GOVERNOR BUSBEE: Let me say this, the committee worked long and hard, the Articles Committee, on this thing and talked with me because of the dilution of executiv~ authority on that. There's a question now about sending down a bill and about the Governor vetoing it and we had a constitutional amendment that went to the people this last time about overriding the Governor's veto in a term and it lost handily. We had a lot of other things lost in that too. But what I was getting at is they asked in looking at the vetoes to consider a compromise on something and that is that on that, that they send the bills down, the Governor has six days in which to veto it, the other was on local constitutional amendments. The proposal that on local constitutional amendments that the Governor have the right to veto local constitutional amendments if -- well he can veto one. Presently if you have a local constitutional amendment that really plays havoc as far as general laws are concerned in the state, which some are passed for, there's no way to correct it once the local delegation has passed it as local legislation. I said if you would give us the right to veto the local constitutional amendments then I'd go along with the
PACE 196
six days there and having the right to do this. That's where this came from. I just wanted to explain that background to you.
MR. CLARKE: It was felt by the committee that this could be done without disturbing the balances between the executive and the legislative branches with give and take in each direction.
MR. HARRIS: Mr. Chairman, I received a letter from the President of the Association of County Comnlissioners of Georgia
SENATOR HOLLOWAY: I've got ten or fifteen more here if you want them.
MR. HARRIS: I've got. a bunch, but this was from the President and I - _. as to the concerns and obj ections by the Association of County COmn1issioners to that change, and I told him that I would convey those to the Select Committee and the Association is opposed to the Governor having the right to veto local constitutional amendments.
One other particular commissioner says that lilt
'r)
seems to me somebody must have had a wild dream to conceive such an idea; however, I cease to be amazed at the things some people will do through desperation or simply to get recognition. II
GOVERNOR BUSBEE: It's not my proposal. Let me just say this. I'm hopeful that we will have constitutional revision, which we have worked in the past, that will do away
PA{;E
n" .~--
197
with the necessity for having local constitutional amendments
to override general statutes. This is being worked on and
hopefully this won't ever come up.
SPEAKER MURPHY: ' The reason being for giving the
Governor the right to veto these local constitutional
amendments is tax matters. They are absolutely destroying
some of our tax legislation on a statewide level by local
constitutional amendments that there ain't a heck of a lot
we can do about it.
\: l
REPRESENTATIVE SNOW: And then too we are hopeful
when we get into the home rule area, that there will be in
some areas additional home rule granted to the local govern--
ment and we won't have to have this.
GOVERNOR BUSBEE: This is what you should do, is
do away with all these local constitutional amendments.
P~PRESENTATIVE SNOW: We won't have to have them at
all.
GOVERNOR BUSBEE: I just wanted to explain why I
was, you know -- we tried to balance off two concepts
. 'j
MR. BOLTON: Local constitutional amendments are
getting our law in a horrible situation.
SPEAKER MURPHY: They really are.
SENATOR HOLLOWAY: We got a lot of them getting into
general law too.
MR. BOLTON: Yeah, they do.
Ii; !:!~':
.I.)
PAGE: 198
GOVERNOR BUSBEE: Local constitutional amendments supersede the general law and that's what the problem is.
MR. BOLTON: Sales tax MR. CLARKE: Governor, the committee's feeling, if I sensed it correctly, dealt with two areas; one is sometimes a local constitutional amendment might be local in the sense that it only applied in the local area but the impact of it spilled far out beyond that area, so in effect it dealt with people allover the state or over a large portion of it. Another thing, they felt there were times when a member of the General Assembly might introduce a resolution calling for a local amendments, then find that he did not want it and he has no way to stop it. SENATOR HOLLOWAY: That's a hot seat too. GOVERNOR BUSBEE: We have this come up with legislation, I mean, with all -- upon discovering, something can be done, but be that as it may, we'll go on and consider that's not in this, I just wanted to explain it. MR. CLARKE: It's not in (cl but really GOVERNOR BUSBEE: The first one is it just gives the legislature the right to send down a bill on two-thirds and the Governor has six days and then override his veto in the session. It's a major change. I'm just saying that was kind of a swap off as far as power. MR. CLARKE: The only two changes of substance in the
r,.--
,!
veto and overriding section are those two.
GOVERNOR BUSBEE: Okay. Is there any objection to
the adoption of that?
SENATOR HOLLOWAY: Are we adding the veto in it?
GOVERNOR BUSBEE: This is just the one now -- this
does not get into local but I wanted to explain --
SENATOR HOLLOWAY: When are we going to get that?
SPEAKER MURPHY: I move we approve Paragraphs XIII
and XIV.
,I
GOVERNOR BUSBEE: All right, XIII and XIV, the
Speaker moved and we can get them both together, is that it?
SPEAKER MURPHY: Yes, sir.
REPRESENTATIVE SNOW: I second it.
GOVERNOR BUSBEE: That's what we just explained, the
total deal. There's a second. Is there any further dis-
cussion on it?
(No response.)
GOVERNOR BUSBEE: If not, all those in favor say
aye.
(Ayes. )
GOVERNOR BUSBEE: All opposed.
(No response.)
GOVERNOR BUSBEE: It's adopted, both Paragraphs XIII
and XIV.
LT. GOVERNOR MILLER: Wait, were we adopting XIII
200 and XIV?
SPEAKER MURPHY: Yes, sir. GOVE~~OR BUSBEE: Yes. I'll reconsider if you want. Did you have something on that? LT. GOVERNOR MILLER: No, except I sure wish that there was a way that we could get this problem about local constitutional amendments without writing into the Constitution that the Governor can veto a local constitutional amendment. I think we're setting a mighty dangerous precedent there because I know that this Governor wouldn't do it, but -GOVERNOR BUSBEE: Veto a local constitutional amendment? LT. GOVERNOR MILLER: I hadn't finished my sentence. I know that you wouldn't do something that -- using it in a political fashion but I'm not so sure that other Governors might not use it in a political fashion on down the road as some kind of reprisal against a representative or a local legislative group_ I just wish there were some way that we could -GOVERNOR BUSBEE: Well what we're trying to get to is on the horne rule where -- you just tell them they can't pass these local constitutional amendments that override general law in say Upson County or Daugherty County, we're going to be different. But until we get to that point in time, I don't know of any other way to correct the situation. I'm not looking
P.\GE 201
for -- but that's what everybody is looking at now is a local
constitutional amendment that will take a tax base and erode
it and override a general statute.
SPEAKER MURPHY: Legalize paramutuel betting.
LT. GOVERNOR MILLER: It's the responsibility also of
the respective houses that handle those constitutional -,
amendments to look at the impact that it's going to have and
meet it there before they ever put the monkey on your back.
GOVERNOR BUSBEE: I'm not arguing about the
responsibility.
:t
LT. GOVERNOR MILLER: I just think it's setting a
very dangerous precedent.
GOVERNOR BUSBEE: Well we'll reconsider well you
want to consider the first one first then, I mean
SPEAKER MURPHY: I move we approve XIII.
GOVERNOR BUSBEE: All right, there's a motion, is
there objection?
REPRESENTATIVE CONNELL: You withdrew the other one?
GOVERNOR BUSBEE: Now in XIV.
SPEAKER MURPHY: I move we approve it.
REPRESENTATIVE SNOW: I second it.
GOVERNOR BUSBEE: The motion is made and seconded.
That's what the Lieutenant Governor is questioning. Is there
any further discussion on that?
(No response.)
PAGE 202
GOVERNOR BUSBEE: All those in favor, say aye.
(Ayes. )
GOVERNOR BUSBEE: All opposed.
(Nay. )
GOVERNOR BUSBEE: All right, it passed. I just said
is there objection on XIII and there was no objection so it's
adopted. This one passed with one dissenting vote.
All right, then you've got XV.
MR. CLARICE: I believe you move now to --
GOVERNOR BUSBEE: We don't have XV. Section VI.
MR. CLARKE: Section VI, Paragraph I is a broad
grant of power and this is where I had hoped the committee
,t
-
C.f"'.',
jI
would go on record as not only favoring it but expressing an
c'1" .., opinion that this is intended to be an almost absolute grant
:r::
of authority to the General Assembly to act subject only to
the limitations imposed by the Constitution. My reason for
thinking that is it sure would diminish the possibility of
I;" later amendments by doing so. If you have to get into a
whole lot of specificity as to what your authority is, then 1 . there is a requirement from time to time for a lot of
amendments. But really Paragraph I is the same thing that's
in the present Constitution.
SPEAKER MURPHY: Judge, is this where you want to
take the militia out right here?
MR. CLARKE: May I say something about it first?
I
I~
I've got a reason
PAGE 203
JUSTICE NICHOLS: I don't care myself. The
historical background I understood was the reason.
MR. CLARKE: That is not the reason, Your Honor, I
j
think I can give you a couple of other reasons when we get
to it in just a minute. I think you need to act first on
Paragraph I and then we can
GOVERNOR BUSBEE: Paragraph I is on the general
powers under Section VI. Is there any objection to adoption?
(No response.)
,
ji
GOVERNOR BUSBEE: If not, Paragraph I is adopted.
MR. CLARKE: Then it was felt that certain powers
had to be specified even though we really would prefer not to
specify any of them. The first one has to do with the
restrictions upon land use and that was an attempt we had
to do that because the local government article gives that
right of zoning to counties and municipalities. If you
don't have this provision, the General Assembly can't act in
that area.
Would you like to take these one at the time?
GOVERNOR BUSBEE: Unless there's objection, you can
go ahead and explain all of them.
MR. CLARKE: The second one has to do with militia.
The present Constitution has a rather long provision dealing
with militia. This was reduced to the greatest extent that
204
we could. There are two reasons that I felt it needed to stay.
I
in. One is it does provide for a trial by courts-martial and the other is it provides for nonjudicial punishment. In the absence of a constitutional provision, I had serious doubts that the National Guard would be able to do that, and that was my thinking, but I could be wrong.
Number three is really preserving the right of the Department of Transportation to participate in Highway Beautification Programs. There is a saving clause a little further down as well on that.
Number four has to do -- there's a long provision in the present constitution dealing with what happens in the event of a national emergency. We would liked to have left that out, because it-is dealt with constitutionally, except -- or rather statutorily except that there is a provision here for the suspension of all constitutional or legislative rules during such emergency. So the General Assembly we felt needed the right to do that if we had an atomic attack or something of that sort.
Then five deals with the particpation with county and nonprofit organizations for the purpose of encouraging and promoting tourism and this is an attempt to get around the gratuities provision of the Constitution which we'll talk about in a moment and also to state clearly that this is a public purpose.
PAGE 205
(b) is simply a saving clause that deals mainly
with those specific powers that are enumerated in the present
j Constitution and most particularly that one that deals with the
Highway Beautification legislation.
So that takes care of Paragraph II of Section --
GOVERNOR BUSBEE: Paragraph II now, is there any
discussion on Paragraph II?
(No response.)
GOVERNOR BUSBEE: Any objection to the adoption?
(No response.)
,j
GOVEID{OR BUSBEE: Is there any discussion on it?
" If not, Paragraph II is adopted.
-
T.
Paragraph m.
MR. CLARKE: Paragraph III, there was some concern
" that some General Assembly might attempt to cbridge its own
,; ::-1
,"iJ
ji) :, inherent powers and this is just to prohibit the General
Assembly from making the rock too big to tote.
",
GOVERNOR BUSBEE: Is there any objection to the
adoption of Paragraph III?
(No response.)
GOVERNOR BUSBEE: If not, it's adopted. Paragraph
IV.
MR. CLARKE: I believe Paragraph IV is virtually the
same as the present law. It just simply says that all laws
shall have uniform operation throughout the state. I believe
PACE 206
this was transferred from Article I. Is that right, Mel?
MR. HILL: That's correct.
MR. CLARKE: And no special law shall be enacted.
GOVERNOR BUSBEE: Is there any objection to Paragraph IV?
MR. HILL: There's a major change in here about population bills.
MR. CLARKE: Oh, yes, that was (a), I'm getting to
(b).
GOVERNOR BUSBEE: IV(a) is adopted. (b).
.,--,
MR. CLARICE: All right (b), there a major change
with respect to population bills. No population bill could
be enacted which would affect only one municipality or one
county, except you can enact population bills that affect
only those municipalities or counties above a certain
population or below a certain population.
The reason behind this is to try just to avoid population legislation as much as possible.
REPRESENTATIVE SNOW: It ought to be abolished
totally.
MR. BOLTON: You're leaving room here to provide
for Fulton and to provide for the smallest county.
MR. CLARKE: I think you may very well be correct.
The one concern we had, Arthur, is this, that you need to be
allowed to use population as a basis for some general legislation;
1',\(;1<; 207
for instance, on a salary bill for sheriff as an example,
you use population categories for those things but not for
specific
MR. BOLTON: You could put population in there if
five counties were affected.
MR. CLARKE: So that was the committee's thinking on
that particular area.
MR. BOLTON: Since it's changed and they all --
MR. HILL: The reason too for this, more than and
'J less than provision is because in Article IX there's a i " provision under the grant of authority to cities and counties
that the General Assembly may enact general laws on these
subject areas but only -- they can use population only if ; i it1s above or below a certain population, and so that's the
reason this was written this way, to pattern the provision in
Article IX. The committee working on Article IX, when they
look at that, if they change it then we're going to have to
look at this again and maybe come back and amend it at that
time. That's another reason for this.
GOVERNOR BUSBEE: All right.
MR. CLARKE: This is one we worked on a long time
and it may not be perfect but this was the best the committee
-
could do.
GOVERNOR BUSBEE: All right, is there any -- there is
no motion.
208
REPRESENTATIVE SNOW: It's better than what we've got. I move we accept it.
GOVERNOR BUSBEE: There's a motion that it be
adopted. Is there a second?
JUSTICE NICHOLS: I second it.
GOVERNOR BUSBEE: The motion is made and seconded.
Discussion?
(No response.)
i'l
aye.
GOVERNOR BUSBEE: If not, all those in favor say
(Ayes. )
GOVERNOR BUSBEE: All opposed.
(No response.)
GOVERNOR BUSBEE: It's adopted. (c).
MR. CLARKE: (c) is, I believe, part of the
present Constitution, "No special law relating to the rights
or status of private persons shall be enacted."
GOVERNOR BUSBEE: Is there any objection to the
adoption of (c)?
(No response.)
GOVERNOR BUSBEE: If not, it's adopted. Paragraph V.
MR. CLARKE: Paragraph V is one that deals with
these old corporations which existed during the days when the
General Assembly incorporated people. It says you can't do it
anymore and if any of them were to forfeit their rights, that
PACE 209
they couldn't come back and be forgiven for it. I think
everybody knows what that's all about.
GOVERNOR BUSBEE: Any questions on Paragraph V?
(No response.)
GOVERNOR BUSBEE: Is there objection to adoption?
(No response.)
GOVERNOR BUSBEE: If not, it's adopted.
VI is gratuities.
"
MR. CLARKE: Paragraph VI was another one that took
:,i up a lot of time and effort on the part of the conuni ttee and
it was drafted in many different ways. The present ConstitutiQn,
of course, prohibits gratuities and then gets into a long
", laundry list of exceptions to the prohibition. The conunittee
: was concerned about the proliferation of amendments to the
1c, Constitution and looked for some means of avoiding that and
,,1~
..",
, I.' ~
at the same time protecting the public till from raids by some
l 'I )' sort of pork barrel type operation.
,
i"
So what was decided upon was that if -- gratuities
are prohibited except -,- to any private person except that if
they are passed by two-thirds majority, two-thirds of the
members of each house, and signed by the Governor ""ithin 30 : ... days after it has been presented to him after each session.
It would have to then be done in the same way at a succeeding
regular session. The thought being that it would be exposed
to the public eye for a full year, the press or whoever else
l'ACE, 210
would have ample opportunity to review it and get at least as much attention as would a constitutional amendment proposed for this purpose.
That was the committee's thinking. There may, again( be a better way to do it. We attempted to even try to define gratuity in such a way to be sure it was a public act for a public purpose. We failed in that effort and this was just the best that we could accomplish.
MR. HARRIS: I think their thinking was that if the Phil Campbell Sweetheart Bill had had to pass the second time, it wouldn't have.
SENATOR HOLLOWAY: You don't call that a gratuity,
MR. HARRIS: Well, it's not classified as a
gratuity.
SPEAKER MURPHY: The fallacy of this is though,
Mr. Chairman, you may have some worthwhile something that
you're trying to save, but if it's going to take two years to
do it, there ain't no way you're going to be able to do it.
"
MR. CLARKE: Well under the present law though, it's
my understanding, it has to be proposed as a constitutional
amendment and wait till a general election and it might be
more than that period.
JUSTICE NICHOLS: Don't these things arise from the
fact of sovereign immunity?
PAGE 211
GOVERNOR BUSBEE: No, sir, you have something like
...
this; you want to give old folks -- I shouldn't say old
folks, but people over so many years of age scholarships or
, reduced scholarships over at the University of Georgia or you
want to do something for blind persons or you want to -() this type group and that has been held to be a gratuity -, ., I have a concern --
MR. BOLTON: The way this got in the Constitution was
'} because of --
GOVERNOR BUSBEE: I think a gratuities section is
..<'.
: 1 most important. I have one question though right here. I
don't know of any better way to address it than you have done,
:. 7:
:~: except I'm concerned the way you have it here that you could
v.
give this to a corporation, a gratuity to a corporation without
15 going through two sessions or to anything other than an
individual.
i'7 ,.,
MR. HILL: Private person was meant to encompass a
corporation.
GOVERNOR BUSBEE: Well maybe so.
MR. HILL: That was the thought. MR. TIDWELL: It seems to me if you say private
).
person you just highlight the fact that it is not a corporation. MR. CLARKE: To my understanding, the various cases
that deal with the Fourteenth Amendment to the United States Constitution, they all said no person and it was held a long
PAGE 212 time ago that person encompasses a corporation. It may be
that you want to be more specific.
MR. TIDWELL: When you say private person
MR. CLARKE: You might say private person or
corporation.
MR. TIDWELL: What about governments, local
governments?
MR. CLARKE: Well I think the feeling was that you
would not have a prohibition as far as local governments but
that's up to the committee.
MR. HARRIS: The old language was any person,
corporation or association. That may be better to put that
language in.
MR. CLARKE: That may be better.
SENATOR HOLLOWAY: I like that old language.
GOVERNOR BUSBEE: I like the old language much
better.
SPEAKER MURPHY: Change the words "private persons" t) to "any person, corporation or association".
21 right.
MR. HARRIS: Any person, corporation or association,
GOVERNOR BUSBEE: Is there any objection to changing
that to go back to the old Constitution as far as the
definition of
MR. BOLTON: If you want to adopt it, please do.
PAGE 213
GOVERNOR BUSBEE: That amendment is adopted. Now
on the --
SPEAKER MURPHY: He put "person, corporation or
~ association"?
GOVERNOR BUSBEE: Person, corporation or association.
LT. GOVERNOR MILLER: WeTe putting it back like
'7
it was?
MR. HARRIS: Just that language.
')
GOVERNOR BUSBEE: That would include corporations
and associations along with persons and require all of them
iI "
to have two successive legislatures.
,"
l,
'..>
All right, is there objection to Paragraph VI as
,~; amended.
MR. BOLTON: I object to it.
i ) .~,
SPEAKER MURPHY: I move it.
"
,
GOVERNOR BUSBEE: All right, there has been a
,.:J
'1
motion made and there's an objection. Is there any further
discussion?
, I)
(No response.)
20
GOVERNOR BUSBEE: All those in favor of Paragraph VI
as amended say aye.
(Ayes. )
GOVERNOR BUSBEE: All opposed.
'1
(Nays. )
GOVERNOR BUSBEE: It's adopted with two dissents.
All right, go ahead, Harold.
PACE 214
MR. CLARKE: Paragraph VII deals with impeachment.
It specifically says which officers are involved and deals
with executive and judicial officers of the state.
GOVERNOR BUSBEE: Removes the legislature.
MR. CLARKE: Removes the legislature and removes
any doubt as to whether or not local officers are involved.
GOVERNOR BUSBEE: Is there any objection to the
adoption of Paragraph I?
(No response.)
GOVERNOR BUSBEE: If not, it's adopted. Paragraph
II.
,.
MR. CLARKE: Paragraphs II and III contain no
J
substantial change.
1'i .>-,
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GOVERNOR BUSBEE: All right, is there any objection to the adoption of Paragraphs II and III?
(No response.)
GOVERNOR BUSBEE: If not, they're adopted.
All right, Section VIII.
MR. CLARKE: Section VIII is a considerable
reduction in words. The present Constitution has a long
provision to regulate insurance business. We found that
those same provisions are also statutory and so this was an
.. j
attempt just to say that the General Assembly has the right
to do all this by statute without putting all of it in, in
such detail.
PAGE 215
REPRESENTATIVE SNOW: So move.
GOVERNOR BUSBEE: The motion is made, is there a
<1 second?
JUSTICE NICHOLS: I second it.
SENATOR HOLLOWAY: Is there a necessity for
Paragraph II?
MR. CLARKE: That was put in at the request of the
,) Comptroller General and that's the reason it's there.
GOVERNOR BUSBEE: All right, Paragraph I, is there
!, '~'., objection?
(No response.)
GOVERNOR BUSBEE: If not, it's adopted. Paragraph II.
SPEAKER MURPHY: You know, really there ain't no
j', ':> sense in Paragraph II. There ain't no sense in it.
:'
.6
~~,
1-,:
",
SENATOR HOLLOWAY: Sure ain't
MR. CLARKE: lim not going to argue that, Mr.
Speaker.
](1
SPEAKER MURPHY: I move we delete Paragraph II.
SENATOR HOLLOWAY: I second it.
,i
GOVERNOR BUSBEE: The motion is made and seconded
that Paragraph II be deleted. Is there any discussion?
.:~3
(No response.)
GOVERNOR BUSBEE: If not, all those in favor say
aye.
PAGE 216
(Ayes. )
GOVERNOR BUSBEE: All opposed.
(No response.)
GOVERNOR BUSBEE: Deleted.
MR. CLARKE: Section IX is the appropriations
section. A considerable amount of time was spent in making
some editorial changes and other redrafting of that section,
but later we determined that perhaps it would be best left as
is since it had been thoroughly interpreted by the Attorney
() General's Office and in many instances by the courts and
since --
o
~,
-
" same?
GOVERNOR BUSBEE:
Aren't Paragraph I and II the
MR. CLARKE: The whole thing is the same, word for
h word.
','
GOVERNOR BUSBEE: Section IX, Appropriations, is
" all the same?
MR. CLARKE: The same.
GOVERNOR BUSBEE: Any objection to just treating tha~
,I
section as a whole?
(No response.)
GOVERNOR BUSBEE: Is there any objection to the
adoption of Section IX in its entirety?
MR. HILL: It has one addition.
MR. CLARKE: Oh, excuse me, what is that?
['AGE 217 MR. HILL: Workmens' Compensation Trust Fund.
MR. CLARKE: Oh, yeah, we picked that up out of
Article
MR. HILL: Insurance Regulation.
GOVERNOR BUSBEE: That's just a shift though, it's
(i not a change in the Constitution, it's just a shift.
Any objectiDn?
(No response.)
GOVERNOR BUSBEE: If not, Section IX in its
entirety is adopted.
All right.
MR. CLARKE: Mr. Chairman, that's it.
;'\,.
GOVERNOR BUSBEE: I want to say we appreciate the
1t work and effort y'all put into it, Harold.
MR. CLARKE: Thank you.
GOVERNOR BUSBEE: We had one question we postponed
until Charlie could go check on it. If we can do that, we
can --
MR. CLARKE: On the President Pro Tern, etc.
GOVERNOR BUSBEE: Right. Charlie?
21
MR. TIDWELL: If found the draft as it came out of
the sUbcommittee. I thought that it had made some provision
that was different from that contained, but it is not except
for the provision that it says that the President Pro Tern
will succeed to the Presidency when the President succeeds to
PAGE 218
the executive power. I had to go back to -- Mr. Speaker and
Ham, if he's still here, I think if I recall, and Harold, that you felt that this language was sufficient to give him the compensation the same as the Speaker Pro Tern, and the President Pro Tem would receive the compensation of the President.
GOVERNOR BUSBEE: It won't do that; Charlie. You can do it by statute.
SENATOR HOLLOWAY: Do what by statute.
MR. HARRIS: You've got to do it by statute. Say
I, that the President Pro Tem, if he succeeds to the Office of
I,
!'-
President, shall receive the same emoluments. You know, it's simple.
SENATOR HOLLOWAY: You've got to pass it through the House.
REPRESENTATIVE SNOW: It's not prohibitive.
I,
SPEAKER MURPHY: Oh, come on, Senator. You know
I, we'll pass it through the House. My Lord, don't judge us by
your body.
! .J
(Laughter. )
"~ ,
SENATOR HOLLOWAY: It has already been through there
':1 one time. Let me see that language that's in the present
Constitution. We spent a good long while on this and finally
got it passed through both houses and I don't think we should
have to -- I don't want to eliminate anything in this that
we've got to replace by statute.
t
GOVERNOR BUSBEE: You want to make a motion on what
you're talking about?
SENATOR HOLLOWAY: Well, you see, you rewrote this
'\ whole thing. I make a motion that we adopt Paragraph I of
Section IV as it now stands. You're going to have to edit it
into this.
MR. HILL: The committee really felt when they
looked at that paragraph that there was so much in there that
could be handled by statute, and that was the reason they
1'.1 carne up with the shortened version
.,
,l
SENATOR HOLLOWAY: Oh, I agree.
,I
GOVERNOR BUSBEE: That whole thing is -- he's made
-
;1, :.,.:.:,.", . ...;
\(":~.:.)
a motion but that would pick up that whole thing in there,
,/ i,
,'. you know.
SPEAKER MURPHY: What is he saying?
J 6 .~
"<,',.1
GOVERNOR BUSBEE:
'~ no second.
There's been a motion there but
....
MR. HILL: It says that in the event the President
SPEAKER MURPHY: Let me see if I can't fix it for
him, Governor.
GOVERNOR BUSBEE: All right, in the existing
Constitution you have a provision that when a President Pro
Tern becomes the President of the Senate as provided in this
paragraph, such person shall receive the same compensation and
allowances as the Speaker of the House of Representatives.
PACI~ 220
SPEAKER MURPHY: I've got no problem with that.
GOVERNOR BUSBEE: That's in the existing Constitutio*. SENATOR HOLLOWAY: That's what I said. I want to keep it. This don't have it in there. SPEAKER MURPHY: "The President Pro Tern shall become President in case of the death, resignation or permanent disability of the President and shall receive the same
compensation "
SENATOR HOLLOWAY: The same thing should apply to
the Speaker Pro Tern.
GOVERNOR BUSBEE: That is provided now because he
, ~,
1- becomes Speaker, so that's taken care of.
All right, now is there any objection to adding this
language here that in the event the President Pro Tern becomes
the President -- no, the General Assembly shall provide by
law all right, "When a President Pro Tern becomes President
of the Senate as provided in this paragraph, such person shall,
receive the same comepnsation and allowances as the Speaker
.j
of the House of Representatives. The provisions of this .'I} paragraph shall become "
SPEAKER MURPHY: You don't need that. I've got no
objection to that.
GOVERNOR BUSBEE: Is there objection to adding that
and letting the draft committee put it in? SPEAKER MURPHY: I've got no objection to it.
221
GOVERNOR BUSBEE: If not, so amended.
SENATOR HOLLOWAY: You understand why I want it in.
'-
GOVERNOR BUSBEE: It's adopted.
SENATOR HOLLOWAY: It'd take two arms and a leg to
get it in there a year from now.
MR. CLARKE: One thing I neglected to mention and I
feel I probably ought to mention, there are two paragraphs
:' that we left out of the present Constitution that we thought
were not necessary because of the inherent power of the General
Assembly, one dealing with the right of eminent domain. It
i I is also included in the Bill of Rights. And the other being
police power. We thought the committee ought to know that.
REPRESENTATIVE SNOW: Well I think you've done a 14 ;') good job.
SPEAKER MURPHY: I think we did an excellent job.
(:
REPRESENTATIVE SNOW: Did you work on this one?
SPEAKER MURPHY: I sure did, hard.
MR. BOLTON: Compared to your predecessors in that
chair, you came out relatively unscathed.
GOVERNOR BUSBEE: I'll tell you what I'd like to do.
We've gone over this and I appreciate everybody staying so late
but I kind of feel like what we need to do is let this be
drafted and let's meet again to make sure that we give final
approval to it. Is that all right?
On Articles X and II, the ones that were adopted
J) ,':, (' 'i\
~ ...... '- I.'
222
before, can we bring that up at our next meeting?
SENATOR HOLLOWAY: Sure, that's fine.
GOVERNOR BUSBEE: There's not any major change.
MR. BOLTON: Let's decide when we're going to meet,
Governor.
JUSTICE NICHOLS: Let me ask you something, you
wanted me -- I've got some notations made on this eminent
:, domain business. I don't think it would be proper for me to
suggest anything but I'll be glad to give the draft that I
have with some red pencil marks --
GOVERNOR BUSBEE: If you would, I'd appreciate it,
Judge.
't ,~,)
oJ
Is there any preference for another meeting date?
MR. TIDWELL: I don't think we can decide now
because we don't know when they'll get it ready.
GOVERNOR BUSBEE: All right, we'll be in touch with
you.
(Whereupon, the meeting was adjourned at
6:20 p.m.)
C E R T I F I CAT E
223
~.
... -~
~-
_.~!
.\
I, Peggy J. Warren, CVR-CM, CCR No. A-171, do
hereby certify that the foregoing 222 pages of transcript
represent a true and accurate record of the events which
transpored at the time and place set out above.
1)
\\ "
J)
INDEX Committee Meetings Held on Constitutional Revision
Select Committee Meeting Held on Dec. 17, 1979
SELECT COMMITTEE MEETING, 12-17-79
Proceedings. pp. 3- 9
PREAMBLE: "
and of the family . . " added. pp. 9-11
ARTICLE I: BILL OF RIGHTS
SECTION I: RIGHTS OF PERSONS
Paragraphs 'I: Life, liberty, and property, and
II: Protection to person and property; equal protection. (Era features here). pp. 11-21, 39-41
Paragraph III: Freedom of conscience. p. 22
Paragraph IV: Religious opinions; freedom of religion. pp. 22-23
Paragraph V: Freedom of speech and the press guaranteed. pp. 23-24
Paragraph VI: Libel. pp. 21-22, 24-25
Paragraph VII: Citizens, protection of. p. 25
Paragraph VIII: Arms, right to keep and bear. p. 25
Paragraph IX: Right to assemble and petition. pp. 25-26
Paragraph X: Bill of attainder; ex post facto laws; and retroactive laws. p. 26
Paragraph XII: Right to the courts. pp. 26-27
Paragraph XIII: Searches; sizures; and warrants. p. 27
Paragraph XIV: Benefit of counsel; accusation; list of witnesses; compulsory process. p. 28
Paragraph XV: Habeas corpus. pp. 28-30
Paragraph XVI: Self-incrimination. pp. 30-31
Paragraph XVIII: Jeopardy of life or liberty more than once forbidden. p. 31
Paragraph XIX: Treason. pp. 31-32
Paragraph XX: Conviction, effect of. p. 32
Paragraph XXI: Banishment and whipping as punishment for crime. p. 32
Paragraph XXII: Involuntary servitude. pp. 32-33
Select Committee Meeting 12-17-79 Page 2
Paragraph XXIII: Imprisonment for debt. p. 33 Paragraph XXIV: Costs. p. 33 Paragraph XXV: Status of the citizen. p. 33 Paragraph XXVI: Exemptions from levy and sale. pp. 33-37 Paragraph XXVII: Spouse's separate property. pp. 37-38 Paragraph XXVIII: Enumeration of rights not denial of others.
p. 38
SECTION II: ORIGIN AND STRUCTURE OF GOVERNMENT
Paragraph I: Origin and foundation of government. p. 38
Paragraph II: Object of government. pp. 38-39
Paragraph III: Separation of legislative, judicial, and executive powers. p. 41
Paragraph IV: Contempts. pp. 41-42
Paragraph V: What acts void. p. 42
Paragraph VI: Superiority of civil authority. pp. 42-46
Paragraph VII: Separation of church and state. pp. 46-63
Paragraph VIII: Lotteries. pp. 64-66
NOTE:
All of the 1976 Constitutional provisions for lobbying, fraud, and concealment of property dropped as recommended by Article committee. pp. 64-66
SECTION III: GENERAL PROVISIONS
Paragraphs I: Eminent domain, and
II: Private ways. pp. 66-76
Article II, Section II, Paragraph IV: Recall of public officials holding elective office - transferred from Article I, Section IV (1976 Constitution). pp. 76-77
Adoption of Article I, less Section III. pp. 77-78
Select Committee Meeting 12-17-79 Page 3
ARTICLE III: LEGISLATIVE BRANCH SECTION I: LEGISLATIVE POWER Paragraph I: Power vested in General Assembly.
pp. 153-154
SECTION II: COMPOSITION OF GENERAL ASSEMBLY Paragraph I: Senate and House of Representatives. pp. 154-157 Paragraph II: Apportionment of General Assembly. p. 157 Paragraph III: Qualifications of memb~rs of General Assembly.
pp. 157-166 Paragraph IV: Disqualifications. pp. 160, 166-169 Paragraph V: Election and term of members. p. 169
SECTION III: OFFICERS OF THE GENERAL ASSEMBLY
Paragraph I: President and President Pro Tempore of the Senate. pp. 169-175, 217-221
Paragr~ph II: Speaker and Speaker Pro Tempore of the House of Representatives. pp. 175-177
SECTION IV: ORGANIZATION AND PROCEDURE OF THE GENERAL ASSEMBLY Paragraph I: Meeting, time limit, and adjournment. pp. 178-182 Paragraph II: Oath of members. p. 182 Paragraph III: Quorum. p. 182 Paragraph IV: Rules of procedure; employees; interim committees.
pp. 182-183 Paragraph V: Vacancies. pp. 186-187 Paragraph VI: Salaries. p. 187 Paragraph VII: Election and returns; disorderly conduct. p. 187 Paragraph VIII: Contempts, how punished. p. 187 Paragraph IX: Privilege of members. pp. 187-188
Select Committee Meeting 12-17-79
Page 4
Paragraph X: Election by either house. p. 188 Paragraph XI: Open meetings. pp. 183-186
SECTION V: ENACTMENT OF LAWS Paragraph I: Journals and laws. pp. 188-189 Paragraph II: Bills for revenue. p. 189 Paragraph III: One subject matter expressed. p. 189 Paragraph IV: Statutes and sections of code, how amended. p. 189 Paragraph V: Majority of members to pass bill. p. 190 Paragraph VI: When roll-call vote taken. p. 190 Paragraph VII: Reading of general bills. pp. 190-191 Paragraph VIII: Procedure for considering local legislation. p. 191 Paragraph IX: Advertisement of notice to introduce local legislation.
pp. 191-194 Paragraph X: Acts signed. p. 194 Paragraph XI: Signature of Governor. p. 194 Paragraph XII: Rejected bills. p. 199 Paragraph XIII: Approval, veto, and override of veto of bills and
resolutions. pp. 194-201 Paragraph XIV: Jointly sponsored bills and resolutions. p. 199
SECTION VI: EXERCISE OF POWERS Paragraph I: General Powers. pp. 202-203 Paragraph II: Specific powers. pp. 203-205 Paragraph III: Powers not to be abridged. p. 205 Paragraph IV: Limitations on special legislation. pp. 205-208 Paragraph V: Specific limitations. pp. 208-209 Paragraph VI: Gratuities. pp. 209-213
Select Committee Meeting 12-17-79 Page 5
SECTION VII: IMPEACHMENTS Paragraph I: Power to impeach. p. 214 Paragraph II: Trial of impeachments. p. 214 Paragraph III: Judgements tn impeachment. p. 214
SECTION VIII: INSURANCE REGULATION Paragraph I: Regulation of insurance. pp. 214-215 Paragraph II: Issuance of licenses. pp. 215-216
SECTION IX: APPROPRIATIONS Paragraphs I-VII: Adoption of. pp. 216-217
ARTICLE IV: CONSTITUTIONAL BOARDS AND COMMISSIONS SECTION I: PUBLIC SERVICE COMMISSION Paragraph I: Public Service Commission. pp. 124-126
SECTION II: STATE BOARD OF PARDONS AND PAROLES Paragraph I: State Board of Pardons and Paroles. pp. 126-128 Paragraph lICe): Powers and authority. pp. 80, 128-135, 146-151
SECTION III: STATE PERSONNEL BOARD Paragraph I: State Personnel Board. pp. 135-136 Paragraph II: Veterans preference. pp. 136-137
SECTION IV: STATE TRANSPORTATION BOARD Paragraph I: State Transportation Board; commissioner. pp. 137-143
Select Committee Meeting 12-17-79 Page 6
SECTION V: VETERANS SERVICE BOARD Paragraph I: Veterans Service Board; commissioner. pp. 143-145
SECTION VI: BOARD OF NATURAL RESOURCES Paragraph I: Board of Natural Resources.
pp. 145-146
ARTICLE V: EXECUTIVE BRANCH SECTION I: ELECTION OF GOVERNOR AND LT. GOVERNOR Paragraph I: Governor; term of office; compensation and allowances.
pp. 80, 106-107 Paragraph II: Election for Governor. p. 107 Paragraph III: Lieutenant Governor. pp. 80-106 Paragraph IV: Qualifications of Governor and Lieutenant Governor. p. 106
SECTION II: DUTIES AND POWERS OF GOVERNOR Paragraph IV: Veto power. p. 123
SECTION III: OTHER ELECTED EXECUTIVE OFFICERS Paragraph I: Other executive officers, how elected. pp. 107-120
SECTION IV: DISABILITY OF EXECUTIVE OFFICERS
Paragraph I: "Elected constitutional executive officer", how defined. pp. 81, 118-120
Paragraph II: Procedure for determining disability. pp. 118-120
Paragraph III: Effect of determination of disability. p. 81
ARTICLE VI: JUDICIAL BRANCH SECTION VIII: DISTRICT ATTORNEYS.
pp. 121-123
SELECT COI*lITTEE ON CONSTITUTIONAL REVISION STATE OF GEORGIA
The transcript of the proceedings heard before 'rEB HONORABLE GEORGE BUSBEE, Committee Chairman, cOnllnencing at approximately 9:00 o'clock a.m., \'leanesday, January 9, 1980, in Roor.! 133, State Capitol Building, Atlanta, Georgia.
-000-
I
_ _ ._~ .. _ .
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i
BRANDENBUH.G & HASTY
SClEl\:IIHC REPORTING 3715 COLUNL>\L TRAIL, DOUGLASVILLE, CI~ORCIAWU5
942-04X2 ()EPOSITIUN~) . i\RI\ITRt\ lIONS - CONVI:NTIOI\JS - C:ONFERENC\:"
2
GOVEHNOR GEORGE BUSBEE, Chairman
LT. GOVIm-NOE :6ELL HILLER SPLA1~En. OF 'I'llE HOUSE THOHAS R. HURPHY CHIEF ,JUSTICE H.E. NICHOLS ClI IEF JUDGE DRASvlELL D. DEEN, JR. A'r'rORNEY GENER2\L ARTHUR K. DOLTON
JUDGE HARCUS B. CALHOUN
SENATOR l\L llOLLOVIAY IlliPRESEtJ'l'ATIVE JACK CONNELL SEi~A'I'OR HOWARD 'I'. OVERBY n.EPRESEN'rATIVE HAYUE SNOI'1, JR.
Also Participating: HR. HOBIN ilAHRIS NE. HL:LVIlJ HILL
MR. iIl\I\VL:Y FINDLEY HE. CHARLES Tlm'H:;LL
In the interest of time I think the others are going to join us, and I call the meeting to order. All right. Mr. Hill, will you call the roll?
MR. HILL: Gov. Busbee? GOV. BUSBEE: Here. NH. HILL: Mr. Miller? HR. HILLER: Here. HR. HILL: Hr. Murphy? (No response) MR. HILL: Hr. Nichols'? JUDGE NICHOLS: Here. MR. HILL: Mr. Deen? JUDGE DEEN: Here. MR. HILL: Mr. Bolton? MR. DOLTON: Here. HR. HILL: Hr. Calhoun? JUDGE CALHOUN: Here. MR. HILL: Hr. Holloway? SEN. HOLLOHAY: Here. MR. HILL: Mr. Connell? REP. CONNELL: Here. HE. HILL: Sen. Overby? (No response) !'JR. HILL: Mr. Snow?
4 REP. SNOH; Here. !.1H. III LL: ~1r. Overby and r1r. Murphy are not here. GOV. BUSBEE: All right. You were mailed copies of
the previous meeting. I entertain a motion on it. SEN. HOLLQ{.-vAY: So moved. GOV. BUSBEE: A motion is made that the minutes of
the last meeting be approved. Is there a second? REP. SNOW: Second. GOV. BUSBBE: Any discussion? If not, all those in
favor say "aye." (Ayes) GOV. BUSBEE: All opposeu? (No response) GOV. BUSBEE: They're adopted. On the agenda today,
if you recall, we finished Articles I, III, IV, V at the l~st meeting. We still have remaining for initial consideration Articles II and X. If we could go on and perfect those two Articles, then I'll entertain a motion for any reconsiderations we have on the others before continuing with the agenda. So I thought I would do that right after we got through with the
,
eminent domain that we had reserved until this meeting. So with that, we'll take up Article II, and I call
on Attorney General Bolton. MR. BOLTON: I haven't seen the agenda, Governor. HH.. HARRIS: It's in the back of that bac}:;: pocket
5 there.
MR. BOLTON: We made no changes in Article II, if tha t' s \'1ha t you're asking.
COV. BUSBEE: Yes. I think what we have is Article II
MR. BOLTON: But the staff has made some changes in Article II, and I think it would be proper for Jim Pratt, who has been handling this in my office and is in trial court this morning, I think he could tell you the changes that they have made in Article II.
GOV. BUSBEE: I just calIon Mr. Hill. Can't you tell us the changes made?
MR. HILL: Very minor changes were made. Over in Article V there was a provision speaking to the run-off election and the fact that the run-off should be a continuation of the general election and only the persons who are entitled to vote in the general election should be entitled to vote in the run-off, and that provision from Article V was moved to Article II, and it now appears here, and secondly, the provision on recall of local officials which is now in Article I has been moved to Article II. It's really just a shifting of the provisions from Article V into Article II and from Article I into Article II. It's exactly the same language that appears now in those other Articles. So that was the only thing, j~st a technical movement of the provisions.
6
GOV. BUSBEE: Is there any further discussion on that? I"ve had all approved II before.
~ll{. BOLTON: I think I had raised one question. Just give me a moment.
GOV. rlUSBEE: All right. MR. BOLTON: One of the members of my staff raised a question about there's no provision in the Constitution for primary elections. Am I right, Charlie? MR. TIDWELL: That's right. MR. BOLTON: There's no provisions for run-offs as I've discovered to my sorrow one time years ago. Anyway, he brought up -- you might want to look. He brought up the question of when you put run-off elections here and you've got run-offs in primaries, did you want to put anything about that in this provision of the Constitution? MR. HILL: At present, as you say, it's not mentioned, so it's just a policy question I guess as to whether you would like to include that. It would be a simple addition to state that a run-off election in any election shall be a continuation of that election and only the people entitled to vote' shall be. MR. BOLTON: I'd rather, since I don't know exactly whereof I'm speaking at this time, leave it like it is until such time as we're going to present this to the General Assembly, and then I can go back and see, because I don't want to suggest a change until until I find out the ramifications.
7
GOV. BUSBEE: Well,. I would hate to have it mandatory in the Constitution for that, you know, because we have some non-partisan elections.
MR. BOLTON: I just brought it up. We might be thinking about it.
GOV. BUSBEE: All right. So this is merely transferred from another section, and this is Article II as written previously?
HR. HILL: Yes. GOV. BUSBEE: Is there any -- I need a motion first that we adopt the entire Article without going through it, and then after that we'll have discussion. Is there any motion? JUDGE NICHOLS: So moved. REP. SNOW: Second. GOV. BUSBEE: The motion is Article II in its entirety be adopted, and the motion has been seconded. NoW, for discussion. Is there any discussion on this? If not, all those in favor say lI aye ." (Ayes) GOV. BUSBEE: All opposed? (No response) GOV. BUSBEE: Article II is adopted as is. The next will be Article X. Sen. Holloway, this is in the same category as Article II I believe, but are there any staff
8 changes on this?
SEN. HOLLOWAY: Yes, there are, and I'm going to ask
Harvey Findley, if you will, to run through. They are very
minor changes, Mr. Chairman.
GOV. BUSBEE: All right. then for a minute.
Just turn to Article X
MR. FINDLEY: The changes in Article X are all minor.
GOV. BUSBEE: Can you find Article X? It's the last
one in your package, but it doesn't have a heading up there
like the other Articles.
MR. FINDLEY: Most of them mayor may not be
considered substantive. They are of minor substantive nature,
if they are substantive, but I will mention each one.
If you remember from the last submission of Article
X, one of the objections of the Article X Conmittee was to
make unnecessary and repeal all local constitutional amendments
dealing with retirement. Since Article X did not get ratified
in its original submission in 1978, two additional local
constitutional amendments were ratified, one affecting Fulton
County Teachers' Retirement System and another affecting the
Retirement System of the City of Macon. So one of the changes
is to add those two constitutional amendments ratified in 1978
to the repeal section of this proposal to specifically repeal
those two amendments so that there will be no local constitu-
tional amendments in existence on the subject of retirement.
9 In doing that, it was necessary to add a sentence in what appears as Section 4 of the proposal, and that language in Section 4 deals with the local retirement sys~ems of boards of education, in other words, local teacher retirement systems, and there was a sentence added to ratify previous increases in retirement benefits that had been granted under what amounts to the Fulton County Teachers' Retirement System, because the
local constitutional amendment did that. In there, if you repeal that amendment, there would be a serious question as to the legality of the previous increases in retirement benefits that had been offered.
GOV. BUSBEE: Is that line 18, Harvey? MR. FINDLEY: Yes, sir. "Any heretofre existing local Act of the General Assembly which increased the benefits being paid to beneficiaries under any such local retirement system supported in whole or in part by employer contributions paid from county funds is hereby ratified and confirmed." They had passed in 1972 a local Act granting a $15 across the board increase to each beneficiary under that retirement system. It wasn't until 1978 really that arguably they got the legal authority to do that, but that local amendment ratifiea and confirmed that. This document raised a question on that, so this sentence was added to do in fact what the local constitutional amendment did. That's all that change. amounts to.
10 'fhe language -- I worked with the school board lawyer, John Tye Ferguson, in coming up with that sentence. The other changes de,al with the educational student assistance program, which is really section 2 of the Article X itself. Section 1 of Article X deals with the retirement system. GOV. BUSBEE: Harvey, let me interrupt just a minute. Let the record show that we have ,Mr. Overby here and Speaker Murphy is here. Let me bring you up to date on the agenda. We have taken up Article II, which has just been nothing but an editorial change, but we transferred two sections, two sentences I believe. MR. HARRIS: Sections. GOV. BUSBEE: Sections. We are now on Article X, which is one that's already been approved, and these are some changes that have been necessary since we did this two years ago. So Harvey is explaining that. If you'll continue, we'll pick up at that point. MR. FINDLEY: These changes in Section 2 of the proposed Article X, dealing with scholarships and the educational assistance program, were made at the request of Dr. Don Payton, the Executive Director of the State Scholarship Commission, in anticipation of a federal law which is about to be passed that will authorize educational assistance programs for parents of students attending college. The
11 language originally that we had in here was all geared to student assistance. He felt, and I agree, that in order for us to participate in those federal programs when the federal law is passed that we \vould need the authority to provide student assistance, I mean educational assistance to the parents of students. So really the only change in the Section 2 is to rename it. Instead of Retirement Systems and Student Assistance, to rename it Retirement Systems and Educational Assistance, and in several places in the proposal we have simply added "and to parents of students ll in several places so that when this federal law is passed we will have the legal authority under the Constitution to participate in whatever federal program it is that sets up assistance to parents of students attending college.
That's the effect of that change, is to simply add "and to parents of students ll in (a)l, (a)2, (b), and then paragraph 2 in three places, paragraph 3, and simply change IlStudent" to "Educational ll so the reference is to educational assistance.
That's a substantive change, but it was in anticipation of a federal program.
One other change that I forgot to make that I think is considered purely t~chnical, in the matter of home rule, the intention of the Committee in making this proposal in '78 was to grant very broad home rule with the reservation to the
12 General Assembly had the authority by general law to regulate the power, the retirement power given to counties and municipalities by the Constitution itself. In doing that, it was the intention and the proposal provided for by its context granting home rule even on population acts that create individual retirement systems, and some questions arose as to whether or not the meaning.was clear in doing that. I think it was by the context, but to make it abundantly clear that the grant of home rule does cover population acts that do create individual retirement systems, we added the meat of the home rule proposal as found on page 5 and quoted paragraph 16. You have to see the context of this to put in what is so-called amendment 19. We add the 16th paragraph to the so-called amendment 19, which appears in Article IX, and the only thing 'we did there was add a phrase which begins in line 25, "including such systems heretofore created by general laws of local application by population classification."
The proposal as submitted in 1978 did that by the context, because down in the context there is a prohibition against the General Assembly passing laws on any of these mnen&nent 19 powers except general laws, and it specifically eliminates population acts.
GOV. BUSBEE: That's all the changes now that you know of?
MR. FINDLEY: Yes, sir. Oh, the list, as mentioned
13 initially, two additional amenc1ments, those ratified in 1978, are listed to the repeal section of the local constitutional amendment.
GOV. BUSBEE: All right. We have not had a motion on this Article yet. I think before we have any further discussion, I'll entertain a motion for the adoption of Article X in its entirety.
JUDGE DEEN: So moved. GOV. BUSBEE: All right, Judge Deen. Is there a second? SEN. OVERBY: Second. GOV. BUSBEE: The motion is made and seconded. All right. Is there any further discussion or question concerning Article X? If not, then all those in favor of the adoption of Article X as Hritten will say "aye." (l\yes) GOV. BUSBEE: And opposed? (No response) GOV. BUSBEE: It's unanimously adopted. That gets II and X out of the way. All right. Now, we had reserved the eminent domain in Article I, and we considered and adopted the remainder of Article I at that time and said we would work on that today. So that will be the next item for consideration. Where did Charlie go? He has a copy. Is Charlie Tidwell out there? Can you see?
14 MR. HENRY: Your Honor, he went this way. I think he's in this office righ here. GOV. BUSBEE: Will you see if he's out there? REP. SNOW: Governor, would it at this time be in order to reconsider our previous action on the preamble to that Article? GOV. BUSBEE: On what? REP. SNOW: Article I. GOV. 13USBEE: Well, what I'm going to do first is we're going to go to eminent domain, which is in Article I, and then we're going to, as I stated at the beginning of the meeting, be open for reconsideration of all Articles. \'Je would have covered everything at that point, and we'll discuss anything we might have there. If you'll look in your kit you have where it has Section III, General Provisions, it should be at the very front of your kit. MR. HARRIS: I think it's in the back in the last little section. GOV. BUSBEE: In the back. It just says, "Section III, General Provisions," and under that "Paragraph I, Eminent Domain." You might be wanting to read this just a minute until I can get Charlie back or somebody from Legislative Counsel's Office might help, Robin or the staff, but in any event"what I think we were talking about in th~ last
15 meeting -- I think I can tell you what the existing law is, and some of you familiar with eminent domain, look, but when Charlie Tidwell gets back, we'll verify this, but looking at your sheet that you have before you, if you will look down in (b) where it says, "When private property is taken or damaged by the State or the counties or municipalities of the State for public road or street purposes, or for public transportation purposes," I think the additional part of that, "or for any other pUblic purposes as determined by the General Assembly" would be something new. This section (b) is for quick taking and is limited now to transportation, and the additional language, "or for any other public purposes as determined by the General Assembly," would be the addi tional language an(l would be a change.
Charlie, didn't you mark that, some of those? MR. TImVELL: Yes. Shall I pass it out? GOV. BUSBEE: Pass it out, and I was trying to let them mark their own sheets, but if you already have one. Charlie, did you have what I just stated concerning Paragraph (b) ? MR. TIDWELL: Yes, sir. GOV. BUSBEE: Is that correct that the way the law now reads for yuick taking is exactly as (b) is written except for the additional words "or for any other public purposes as determined Ly the General Assembly"?
16 MR. TIDWELL: That's right, Governor. If you will look at this, what's being passed around, what is underlined is new language. GOV. BUSBEE: If you would, Charlie, go ahead and explain all the changes from eminent domain as it is now written in the Constitution. MR. TIDWELL: While it might not be a verbatim restatement of what presently is in the Constitution, in my opinion it is SUbstantively the same, except for the indication of changes that you have. In other words, SUbsection (a~ has no substantive change. Subsection (b) does, the substantive change being that underlined language, "or any other pUblic purposes as determined by the General Assembly." That is the change being effected in subsection (b). In subsection (c), the present Constitution says, "The General Assembly may." The change being recommended is that "The General Assembly shall." That's the change. Then subsections (d) and (e) are entirely new langauge that is being inserted in the Constitution, and then in Paragraph II, the words "and adequate," "just and adequate compensation." That is, if you were to delete the underlined language, change "shall" to "may" and delete subparagraphs (d) and (e), you would leave the constitution as it presently exists insofar as eminent domain is concerned. Hel, I think we talked about this, and do you concur
17 that that's the changes?
MR. HILL: Yes. That's exactly right. In the draft of this provision, which you received the first time, there was a provision saying that whenever public property, whenever private property is t~ken for public purposes, then just and adequate compensation should be paid in the time and the manner provided by law, and this is what the Con~ittee had arrived at after some discussion, and we met, Hichael Henry and I met with Marion Gordon of the Attorney General's office, and he was concerned that that original provision that the' ConlIni ttee was suggesting would violate due process, and so we went back and attempted to redraft it and attempted to keep with the present provision, the present due process requirements of what's necessary, but as I pointed out in my memo to you, this Committee has not yet addressed the policy implications of (d) and (e), which are totally new suggestions by that Committee, as well as in (c) to require prepayment against adequate compensation in all cases as opposed to just the quick taking measure that's in there now, but Charlie is correct. If all of these changes that he has indicated on this sheet are made, it will be exactly what we have now.
MR. HARIUS: Were not made. MR. HILL: Were not made. MR. HARRIS: If those changes were not made. GOV. BUSBEE: Let me do this. Let me have someone
18 just move on the adoption of Section III, which is eminent domain, and then it \V'ill be ripe for discussion, and \ve can offer any amendments, but this is the way it is submitted. All right. Does anybouy move on the adoption of Section III?
JUDGE CALHOUN: I so move. GOV. UUSBEE: All right. The motion is made. Is there a second? MR. MURPHY: Is that with (d) and (e) in now? GOV. BUSBEE: Yes. It is just so we can consider it then. This is a report from the SUbcommittee, and that has the relocation expenses, attorney's fees and also to extend quick taking. MR. MURPHY: I'll second the motion. GOV. UUSBEE: The motion is made and seconded. All right. Now, it's open for discussion of amendments from that point. Who is first? JUDGE NICHOLS: There's nothing in here about attorney's fees? GOV. BUSBEE: Yes, sir. That will be under (d). We have three things, Judge, as I said that would be substantive changes. One would be (b). We now have quick taking that's limited just to transportation purposes as stated ih the Constitution. This would extend the quick taking for any other public purposes as determined by the General Assembly, and then the section (d) would be for the payment of
19
attorney's fees that you refer to, and (e) would be for the
payment for relocation assistance to anybody whose property
has been condemned. 'rhat would be the major ones.
NR. HARRIS: Hell, it would authorize the General
Assembly to --
GOV. BUSBEE: Correct.
MR. HARRIS:
to make that sort of provision, if
it does not do it itself.
GOV. BUSBEE: It makes it self-executing. That is
correct.
MR. HARRIS: Well, (d) is, but (e) is not.
REP. HURPHY: That's my complaint about (d). I think
(d) ought to be about the General Assembly ought to provide
bylaw for just and adequate compensation to include reasonable
expenses. I don't think we ought to mandate it in the'
Constitution. I think it ought to be left up to the General
Assembly to provide.
SEN. HOLLOWAY: I agree with that.
I
SEN. CONNELL: You're saying the word "shall" should
come out and be "may" in Paragraph (d)?
HR. HARRIS: "Just and adequate compensation may
include reasonable expenses incurred by the condemnee in
determining just and adequate compensation" or "the General
Assembly may provide for a law that just and adequate
compensation."
20 SEN. CONNELL: You want to add those words into it? REP. MURPHY: rrhat's \"hat I think ought to go into it. SEN. OVERBY: Review that, Hr. Speaker, what you have in mind now. REP. MURPHY: In Paragraph (d), instead of saying "Just and adequate compensation shall include reasonable expenses, including attorney's fees," it should say, "The General Assembly may by la\" provide that just and adequate compensation will include reasonable expenses." JUDGE CALHOUN: Mr. Speaker, don't 'you think the General Assembly already has that power? REP. MURPHY: I doubt it, Judge. I don't know. JUDGE CALHOUN: I think the courts imply that in their decisions. MR. HARRIS: They did one time, and they reversed it.
21
him to make profit out of it, but here is somebody's property
that is being condemned that he doesn't want it condemned; he
would like to keep his property, and now we're saying if he has
to vacate his present ,location, I had this brought home to me,
if I can just tell you one instance, gentlemen.
When I was a Superior Court Judge, I have been for
attorney's fees and costs of litigation ever since this
happened to me, and this happened to a lady by the name of King,
that ran a boarding house. She was a widow. She had a good
income, and by necessity they had to condemn her property for
a road. \1ell, they came up and they offered her about half of
what the property was worth. They said, "NOW, you take this.
You won't have to pay any attorney's fees. You get this money
imn~diately. There won't be any court costs. So we suggest
that you do this, take this and you're a lot .better ofL" Now,
she took it. Then they took her property, and she had to go
out then and bUy a piece of property, lost all of her boarders
or people staying with her because she couldn't get in that
locality again, and the tremendous expense, it actually put her
in the alms house. NOW, that's \'1hat I'm saying, is that when
you take somebody' s property
and every case si ts on its own
bottom, but if they ought to be paid, they ought to have the
right to be paid in advance, and the Constitution of the State
says so now. The Federal Constitution says first pay just and
adequate compensation, first being paid.
1
2
')
<-
Now, if you arrive at what that amount is, as they
do in the Highway Act, you could still go in and ask for a
hearing, if the amount assessed is not adequate. You can have
a hearing on it, but under the Special Masters Act, you cannot.
Whatever is paid in, then they can take that money down, but
under the other Act, the title never passes, as the law stands
now in Georgia, until the compensation has been paid.
Now, what I'm saying is I don't see any objection.
Maybe I'm wrong, but to say that "shall first be paid" and
to legislate -- "shall," "shall include reasonable expenses
incurred by the condemnee," whatever they are. If they are
legitimate, they ought to be paid, oughtn't they, Torn?
REP. MURPHY: Judge, I'm in total agreement with
you on what you said, but let me give you an illustration, sir.
JUDGE NICHOLS: All right.
REP. MURPHY: Suppose the Highway Department comes
" in and offers $30,000 for this piece of property, and they go
see some lawyer, and he says, "I think it's worth more than
that," but the jury only give you $20,000, and they've still
got to pay the att9rney's fees, and it ain't right. It ought
to be where the General Assembly could fix it where if they
don't pay adequate compensat{on --
JUDGE NICHOLS: I agree with that.
REP. MURPHY: -- then the Judge can charge the
jury and put it aside.
I'\(;!; 23
JUDGE NICHOLS: You explained i t to me. That's all right. I agree with that.
REP. MURPHY: I've been involved in about as many of these things, and it's made me a good living. I don't deny that, but it ought to be to where if they don't pay you what it's worth, don't offer you what it's worth, then you're entitled to attorney's fees. If they offer you what it's worth, and the jury don't offer you more than that, then they ought not to get attorney's fees. It's that simple in my honest Opinion.
MR. BOLTON: Gentlemen, I want you to know you're talking about a whale of a lot of money. We just had an experience this week. I think I sent a copy to the Lieutenant Governor and the Governor and the Speaker. The federal court in a case that's been going on down there where attorney fees are being asked -- and these attorney fees happen to amount to $753,000 for a case that's been going on for a long time. I mean it's a most unusual case. I'm in the middle. I mean I represent the Highway Department, and we're caught in the middle of this thing. If I was out practicing, maybe I would be for it.
SEN. OVERBY: I'm inclined to agree with that. Imp. MURPHY: Wait just a minute. Wait just a minute, Mr. Attorney General. Is it not your philosophy and your position and your duty that all citizens of Georgia should be adequately protected?
24 MR. BOLTON: Yes, sir. REP. MURPHY: But you're changing your position now. MR. BOLTON: But our court never has said that attorney's fees were part of the compensation, and we are changing the basic law of the land. JUDGE NICHOLS: We said that first by Bowers. MR. BOLTON: Yes, sir, and you changed it. JUDGE NICHOLS: And the court stands four to three now, and every time we have a change on the Court, \ve have a change of policy, which is utterly ridiculous, but I can give you another example of what you're talking about, Tom. I know of one particular case where they absolutely destroyed a person's business. This was a widow I was talking of. 'rhis other one is another case, where they absolutely had to move. They had to rent a place. He finally bought him a place and had to come back and build a building, and as a matter of fact, they condemned his property twice, and the Highway Department pointed out to him the place that they let him go. The first time he said, "Well, I won't even appeal. I'll take what you give me," which he did, and then they put him in another place and said, "Well, don't move any more. Here's a place we're not going to take.'~ \vi thin a year they took that one. Then he had to go out and didn't get a dime for expenses of moving or anything. 'l'hat' s the sort of thing I'm talking about.
25 We can put it in the Constitution or give the Legislature the right to protect that sort of a situation, where if they are entitled to it, they ought to be entitled. I don't care if i t ' s a ~illion dollars or ~wo million. If it's legitimat!, they ought to have it. GOV. BUSBEE: JUdge, let me just bring up one point, and I hate to be put in the position. I have tried many condemnation cases, and maybe I should be cast in that. lot, but I just want to say just to give some balance to what you're saying that the State has been taken advantage of on many occasions. JUDGE NICHOLS: I know they have. GQV. BUSBEE: In many counties by many juries for some local people to where we darn near couldn't even afford to build a highway when they got through with, us, where somebody has paid, you know, like $60 an acre for land and be paid ~50,OOO an acre for it, and I just want to say as part of the modus operandi that's used by some now for the trial of condemnation cases against the State, is after you have had these appraisals made, I'm not sayin9 the State is always right, but if there are those laws, on those occasions it will tell that client, "Let's litigate it. I think Wf{:. can get more. I'm not going to charge you anything unless ~ can get you more, and I'll be paid out of that." That encourages somewhat to litigate, but the lawyer is not in a position to guarantee
26
he's going to get more, so I'm not saying it's anything wrong,
but where the lawyer is going to be paid the attorney's fees
over and above the amount of the appraisal, then it's a pretty
good risk on each occasion of litigating because it's assured
that if you get even what was offered to begin with, if you
get that, then you're going to get attorney's fees.
For instance, you have three appraisers, and you have
~ all three appraisals say of $1,000 an acre, 100 acres,
$100,000. All right. You go litigate. You take those
appraisals that the State is using and what they have offered, and if you put in, the way this thing is written now, if you " put that in, the lawyer is going to get a third of whatever
they set anyway, even though they give what they offered to
begin with, and that's automatic. That would be in effect
automatic attorney's fees, if you wanted to. I'm not saying
a lawyer would ever do that.
SEN. HOLLOWAY: Oh, no.
, '1<
SEN. OVERBY: Certainly not.
REP. MURPHY: I disagree with some of the things
you said.
GOV. BUSBEE~
The wAy it's written right h~re.
REP. MURPHY: I disagree \.,ri th some of 'the things
you're saying on where it's automatic, but I think it should be
fixed that where the Court offers no more than you're offered,
they shouldn't get attorney's fees, and the only way I think
you could do that is leave it to the discretion of the General Assembly to fix it.
GOV. BUSBEE: You admit, don't you, Tom, that what I said is CQrrect if they left it like it is now?
REP. 11URPHY: If they left it like i t is now, you get it. If they paid you less, you would get attorney's fees, whether they paid you less or not.
GOV. BUSBEE: Well, you would automatically get i t in every case, and we couldn't afford it.
REP. SNOW: Well, I don't think we ought to do anything to encourage litigation.
GOV. BUSBEE: No. I know.
,<
REP. SNOW: We're having trouble in my area of the State righ.t nml highways.
SEN. OVERBY: You're still practicing law? REP. SNOW: Well, I'm practicing some, but I'm spending more time trying to help the General Assembly get these right-of-ways and going out and talking to people and getting it, and I'm not getting any compensation for it, and I think there is some responsibility on my part to do that, and I don't mind doing that, and I have made a whole lot of folks mad at me doing that. REP. MURPHY: I still practice law hard, Mr. Snow. REP. SNOW: I don't condemn anybody for doing that. I think it's nice.
28
MR. HARRIS: Mr. Chairman, I'm not a member of the
COlnrnittee, but if I could address the issue just for a moment,
one of the charges that was given to the Article Committees
was to help make the Constitution a little more flexible, and
it seems to me that the Speaker's motion to leave this as a
matter that the General Assembly can address -- and the General
Assembly sets in many instances the public policy of the
State
then I see no problem, and this accomplishes one of
,those ends, which makes the Constitution more flexible in
this regard, leaving it to the General Assembly, subject to
the Governor's veto powers, to address the issues, should the
occasion arise.
!.
SEN. CONNELL: What you said, Mr. Governor, is it's
easier to change every year in the General Assembly than it
would be to go back and have an amendment to.the Constitution.
So that's what you're saying?
MR. HARRIS: That's right.
MR. DOLTON: I would like to say again and speaking
of the Law Department too, I would lots rather the General
Assembly fix this than the courts and the federal government
over there and a court render an opinion up there and we don't
know what in the hell we're doing with the opinion.
GOV. BUSBEE: Tom if you would make a motion on
your amendment, I think we could discuss it. REP. MURPHY: I will make a motion, Mr. Chairman,
, 29
that Section (d) be amended to read GOV. BUSBEE: Excuse me, Hr. Speaker. lIe had
it written up. See if this is what you're saying. HR. lULL: "The General Assembly may provide by law
for the payment by the condemnor of reasonable expenses incurred by the condemnee in determining just and adequate compensation."
GOV. BUSBEE: That's your motion? REP. MURPHY: There's no problem with that. GOV. BUSBEE: Is that your motion? JUDGE NICHOLS: Is that "shall" or "may"? GOV. BUS BEE: "May. " JUDGE NICHOLS: Run that by me again. l1R. HILL: "The General Assembly may provide by law for the payment by the condemnor of reasonable expenses incurred by the condemnee in determining just and adequate compensation." JUDGE NICHOLS: That's all right. MR. BOLTON: They wori't have to now, but they could. REP. MURPHY: It might ought to include, Hr. Chairman, "which' shall include reasonable attorney's fees." That might ought to be in there to avoid any problem with the court determining it. JUDGE NICHOLS: Yes. That would be the first argument coming up, "That didn't include attorney's fees." All expenses in litigation including -- in Bowers it said, "All
30 . expenses of litigation."
REP. MURPHY: Did you hear what he said, Judge? JUDGE NICHOLS: No. REP. MURPHY: He said the damn Attorney General would be the first one to raise that too. JUDGE NICHOLS: Here's one thing, Mr. Speaker, I'm talking about fixing, and I noticed when this first thing came out, the first draft of this. Somehere I got the information or the opinion in paying on the prepayment of just and adequate compensation that the General Assembly may fix the amount to be paid. What I'm getting at is this, that the General Assembly, if you're condemning a $500,000 piece of property, let's don't permit the General Assembly to say by law that they can pay one percent of tllat against the just and adequate compensation
r
prepayment. In other words, if the person has got whatever you determine ought to be paid, if that's the value, that ought to be paid. Do you agree with me?
REP. MURPHY: Yes, I agree. JUDGE NICHOLS: And not one percent, because that would be $10 on a $500,000 piece of property. REP. MURPHY: I agree with you, sir, but I think it ought to be left up to the General Assembly to say it. I don't think we ought to write the technicalities of that in the Constitution. JUDGE NICHOLS: That's what I'm concerned with.
'f,
31
SEN. OVERBY: I think we ought to include the
attorney's fees in the language.
JUDGE NICHOLS: The language ought to be in there.
I agree with you.
\
REP. MURPHY:
Mel is taking care of, that I think now.
GOV. BUSBEE: Let me ask you, Hr. Speaker, if you
are fixing to open up \"i th the reasonable expenses, not just
the attorney's fees, appraisal fees, your relocation expenses
and other things, can you just spell. -- you're trying to get
to attorney's'fees is 'what you're trying to get, but if
relocation and all that is in there too, you're going to open
the barnyard.
REP. NURPHY: Governor, you've been out of the law
practice for six years, and appraisals cost an~.,here from 500
to 1500 to 2,000, talking about the size of the property
you're litigating on. GOV. BUSBEE: Well, do you have any problems with
the way he has written it? i1R. HILL: "Reasonable expenses would include
appraisal fees."
JUDGE NICHOLS: Where does it show what he's
talking about? The State has what they call MAl appraisers,
and God knm'ls! I expect if you check the budget over there
you would find out they're paying them as much as 30 or $40,000
a year to appraise this property. Now, that little widow I
32
was talking about back yonder, she couldn't pay them to come in
as her appraiser to offset or counter what they're saying.
That's what I and what Tom was talking about. You have some
expenses.
REP. MURPHY: Judge, I've been on both sides of
this issue.
JUDGE NICHOLS: I have too.
REP. NURPHY: I have condemned property for the
County, and the last piece I condemned for the County, the jury
", gave them less than I offered. Then I refused to condemn 1-20
for the State. I said, "I'm going to refuse it. I'm going to
"
I,'
b e '.1.
v
on
the
folks
side."
Of course there was a lot more property
-<,, on that side, but I've been on both sides, and all I'm saying
-'
is we ought to fix this law where the General Assembly could
pass a law that says if they offer you $20,000 and you get less
than that, you don't get no expenses, no attorney fees, but
" if they offer you $20,000 and you $30,000, you ought not to
pay the expenses out of it because you're back where you were.
That's all I'm saying.
JUDGE NICHOLS: That's all it means, is to make
them whole. That's what it means. They're not supposed to make
any money out of it.
GOV. BUSBEE: Let me read it again.
SEN. HOLLOWAY: Most of them do, Judge.
JUDGE NICHOLS: Not most of them.
" ~L 33 SEN. HOLLOWAY: Yeah, they do too. REP. SNOW: How many times have you changed your opinion on this? MR. BOLTON: vle had a man in the General Assembly. Governor, who was that man from down there in South Georgia? His son worked in your old law firm there. He used to have a widow women he always talked about. I didn't know the Chief Judge was going to too. JUDGE NICHOLS: Well, mine is on the record that I
referred to. Her name is King, if you want to read it.
GOV. BUSBEE: Let me read again, if I might, the way
they have drafted, Mr. Speaker, and see if this is the sense
of your motion. "The General Assembly may provide by law for the payment by the condemnor of reasonable expenses, including attorney's fees." Is that your m0t:-ion?
REP. MURPHY: Yes, sir. That's my motion. GOV. BUSBEE: Is there a second to that motion? REP. MURPHY: As a part of just and adequate compensation. GOV. BUSBEE: Yes. REP. HURPHY: That 's my motion. GOV. BUSBEE: "Incurred by the condemnee in determining just and adequate compensation." REP. HURPHY: That's my motion. JUDGE NICHOLS: All right. I second that motion.
34
JUDGE DEEN: Call the question. GOV. BUSBEE: The motion is made and seconded that Paragraph (d) of -- subparagraph (d) of Paragraph I be changed to read as, "The General Assembly may provide by law for the payment by the condemnor of reasonable expenses, including attorney fees, incurred by the condemnee in determining just and adequate compensation." The motion has been made and seconded. Is there any further discussion? If not, all those in favor say "aye." (Ayes) GOV. BUSBEE: All opposed? (No response) GOV. BUSBEE: It's adopted. All right. Now, I think we need to go back, since we have used severability here and separated these. What on Paragraph (a), SUbparagraph (a), there is no change. Is there an objection to its adoption? If not, on (b) there is a change which was pointed out that quick taking would be extended "or for' any other pUblic purposes as determined by the General Assembly.1I Again, that's discretionary. Is there any objection to the adoption of Paragraph (b)? (No response) GOV. BUSBEE: If not, Paragraph (b) is adopted.
Subparagraph (c): "The General Assembly shall by law required the condemnor to make prepayment against adequate compensation."
35 The change is that the existing Constitution says "may" and this says "shall."
REP. MURPHY: t-'lay I ask a question, sir? GOV.' BUSBEE: All right. REP. .r-1URPHY: Does that law now not require them to make the payment? MR. HILL: The law requires prepayment. In this case, quick taking. GOV. BUSBEE: I think, Tom, it's already in the law for quick taking, but I don't think they have to put it up here as a condition precedent the exercise of the right. Before they take the property they have to do it. REP. MURPHY: In Speci,al f1aster cases when they have the hearing, whatever the Special Master orders, they have to put that into court. GOV. BUSBEE: That's by statute. All of this is by statute. REP. HURPHY: That's all by statute, every condemnation. JUDGE NICHOLS: You're talking about the general law, the Highway 1;\ct, the way they take it without the Special Masters. REP. NURPHY: 'l'hey have to pay it into court when they file it. JUDGE NICHOLS: That's right.
36 GOV. BUSBEE: Tom, what this does though is it's true in that instance because the Legislature says that it's true. REP I1URPHY: What I'm saying, Governor, is I think the law already provides for it. GOV. BUSBEE: Well, if it doesn't, now may I just make a suggestion. I've been cautioned by some lawyers there that it would be disastrous where there is not a Special Master where you don't have the quick taking, that you're going to have to put up compensation even though they don't get the property, but is there any objection to just leaving it to the Legislature again the discretion as it is today? REP. SNo\-v: So moved. SEN. HOLLOWAY: I move that we put "may" instead of "shall." GOV. BUSBEE~ All right. The motion has been made that we leave the word "may" as it presently exists instead of "shall" and give the 'iegislature the authority. Is there a second? REP. SNOW: Second. MR. MILLER: Second. GOV. BUSBEE: The motion is made and seconded. Any discussion? If not, all those in favor say "aye." (Ayes) GOV. BUSBEE: All opposed?
37 (No response)
GOV. BUSBEE: So amended. Is there any objection to the adoption of paragraph (c) as amended? If not, subparagraph (c) is adopted.
(d) has already been acted on. All right. Now, (e) would be for relocation assistance payments as provided by the federal government nmv.
REP. SNOW: Isn't that taken care of in (d)? SEN. HOLLOWAY: I would think so. JUDGE NICijOLS: That ought to be covered" but it would prouably raise the question. Somebody will say it's not covered. REP. MURPHY: I don't think it's covered to me at all myself. JUDGE NICHOLS: I think it ought to remain in there. PP. MURPHY: I do too. GOV. BUSBEE: All right. REP. MURPHY: I move we adopt (e) as it is. HR. BOLTON: If you want to be sure that it's there, I would suggest you leave (e) in there. JUDGE NICHOLS: I second the motion. GOV. BUSBEE: The motion is made and seconded that (e) be left in. Is there any discussion on that? (No response) GOV. BUSBEE: If not, all those in favor say "aye~"
38 (Ayes)
GOV. BUSBEE: All opposed?
(NO response)
GOV. BUSBEE: It's in there. All right. Private
ways, Paragraph II, it is added there just and adequate, and
1he new words are "and adequate," and I don't think that's a
material or substantive change though.
JUDGE NICHOLS: Just and adequate.
SEN. HOLLmlAY: Isn't that redundant?
SEN. OVERBY: Just might not always be adequate. It
might not be.
GOV. BUSBEE: That makes a constitutional lawyer.
What do you think, Charlie?
MR. TIDWELL: I think that the Chief Justice
suggested that. That's what we always talk about.
GOV. BUSBEE: It just makes it a little longer.
All right. I entertain a motion on Paragraph II?
JUDGE NICHOLS: I so move adopting it.
"
GOV. oUSBEE: With the new language?
JUDGE NICHOLS: "And adequate."
GOV. BUSBEE: All right. Is there a second?
SEN. OVERBY: Second.
GOV. BUSB~E: Hotion made and seconded. Any
discussion?
(No response)
39 GOV. BUSBEE: If not, Paragraph II is adopted. All right. Paragraph III, Tidewater titles confirmed, there has been no change on that. Is there an objection to its adoption? MR. BOLTON: I move its adoption. REP. l'1URPHY: I have no idea what it does itself. GOV. BUSBEE: All right. Let's do this. If there is no objection, let's adopt it, and what we'll do now on Section III, we've gone through each of the paragraphs on eminent domain. We had deferred 'that, so that was a part of Article I. Is there objection to the adoption first of Section III as amended? (No response) GOV. BUSBEE: If not, Section III~is adopted. All right. Now then, that goes back to Article I. Is there adoption of Article -REP. HURPHY: Hold it now. Hold it nO\v. GOV. BUSBEE: We're going to reconsider~tion immediately after this. REP. f1URPHY: You've got me a little fast. I've got so many documents I can't keep up with you. Some of this stuff, Governor, I want to make a motion we reconsider. GOV. BUSBEE: We stated right before you aot here that we werE: going to perfect these three Articles, and then \Ie would immediately start at the front Article and reconsiderations.
40
REP. MURPHY: All right, sir. I'm sorry. GOV. BUSBEE: All right. Section III of Article I has been adopted, and now I entertain a motion now for the adoption of Article I. JUDGE CALHOUN: So moved. GOV. BUSBEE: Is there a second? REP. SNOW: Second. GOV. BUSBEE: Motion made and seconded. Any discussion? (No response) GOV. BUSBEE: If not, all those in favor say "aye." (Ayes) GOV. BUSBEE: All opposed? (No response) GOV. BUSBEE: It's adopted, and nQ\v we'll start with the reconsiderations. Is that correct? MR. TIDWELL: That's right. REP. HURPHY: Governor, if you have got a copy of that thing like we had it before last time, I can't find my copy, before we start making the changes. HR. HILL: I have a copy here. REP. MURPHY: Could I borrow it1 l-Ut. 'nDWELL: Article I, Hr. Speaker: REP. NURPHY: Everything we messed with at the last meeting.
\ \ i!~
41
GOv. BUSBEE: All right. We'll go back. Is there
any desire to reconsider anything in Article I that we adopted?
REP. SNOW: C~vernor-
GOV. BUSBEE: All right.
REP. SNOW: I think I made the motion last time or
at least I seconded the motion relative to the preamble. I
don't have the language in front of me. I think the Speaker
does now, but I would move that we go to the original language
that we had in the preamble.
REP. MURPHY: I've got a copy of what we did
sonlewhere.
JUDGE NICHOLS:
?
the family," didn't we?
And we just put in there "and of
REP. SNOW: And we added "and of the family," but
there was other
GOV. BUSBEE: All right. Let me see if I can state
your motion.
REP. SNOW: That's all right. That's fine. It's
Paragraph I.
GOV. BUSBEE: We did make a change in the preamble.
He added "and of the family" on line 7 of the preamble on
page 1 of the final draft of the Committee to Revise Article I.
Do you recall that now?
JUDGE NICHOLS: Yeah.
GOV. BUSBEE: Is that what your motion is?
42
REP. SNOW: Mine is relative to Paragraph I rather than the preamble.
GOV. BUSBEE: I'll go back to the preamble. The
only change we made was "and happiness of the citizen and
of the family." That was the only change made in the preamble.
Okay. There is no motion to reconsider the preamble. So it
will stand as is.
Article I is the Bill of Rights. All right. Now, I
call Mr. Snow.
REP. SNOW: I move that we go to the original
language recommended by the Commission, the McWhorter
",
Committee.
~'
)
GOV. BUSBEE: Which paragraph?
REP. SNOW: Paragraph I.
MR. MILLER: I second.
REP. SNOW: Yes. It would be where it would
read, "No person shall be deprived of life, liberty, or
property without due process of law, nor be denied the equal
protection of the laws, nor be denied the enjoyment of civil
rights or discriminated against in the exercise thereof because
of race, sex, national origin, religion or ancestry."
GOV. BUSBEE: Is there a second?
MR. MILLER: I second.
GOV. BUSBEE: The Lieutenant Governor seconds. All
right. Now for discussion, that's on Paragraph I, going back
43 as the Subconuuittee recommended it. Any discussion on that?
JUDGE NICHOLS: I oppose it. I think the Bill of Rights is perfect like it is. I don't think we need to have it added in there. That's all taken care of in the Constitution as is now provided, equal protection in the Executive Clause.
JUDGE DEEN: Mr. Chairman, I didn't mean to int9rrupt. I would like to suggest that we pick up the words "race, sex, nat~onal origin, religion or ancestry" separately because I think I'm with Rep. Snow on all except the word "sex," but I would like to discuss each one separately.
GOV. BUSBEE: Okay. All right. There has been a n~ve. I think your motion is, Judge, that you have a division of the question on these. Is that it?
JUDGE DEEN: That's what I was searching for. GOV. BUSBEE: All right. Is there a substitute motion? REP. MURPHY: Mr. Chairman, as everyone is well aware, I've expressed my position many, many times on the Equal Rights Amendment, and I am opposed to it and always have been and always will be, but I'm trying to look at this Constitution, the rewrite of this Constitution in a way, and I mean no disrespect to the Judiciary in what I'm fixing to say here, but I am trying to look at it in a reasonable way to where we can pass it through the House of Representatives and for passage by the people of Georgia. Unless we do something
44
in this regard to put some of this language in, we don't have
a chance of a proverbial snowball in Hades of passing it unless
we put something like this in, and I think there has been too
much hard work gone into rewriting this Constitution and too
much effort, too much time and too much money for us to let some
of our personal feelings destroy whatever chance it has of
being adopted by the people, and that's my feelings about it.
GOV. BUSBEE: Lieutenant Governor?
MR. MILLER: I agree with the Speaker completely,
except in the fact that I support the Equal Rights Amendment,
" but I agree with him.
, .~
GOV. BUSBEE: But you all are somewhat together?
tolR. MILLER: We're together on this, and I
certainly
REP. SNOW: That should be noted.
I,m. IHLLER: I don't think it can be passed.
z
REP. MURPHY: I think both of us are worried about
our positions now.
REP. SNOV'l: I worried nO\lI about whether or not I
can even vote at all.
MR. MILLER: I don't think it can be passed by the
General AsseI~ly, and I don't think it can be passed by the
people of Georgia unless we have this kind of language in here,
and one of the main arguments that I have heard time and time
against the Equal Rights Amendment as it has been submitted to
45
the States is that this is something that ought to be left to the States. This is something we don't want the federal governluent involved in. Well, right here is our chance now to leave it to the States and to write it into our own State Constitution. That's all I'm saying.
GOV. BUSBEE: All right. Any other discussion? REP. SNOW: Let me make a statement rather in support of my motion to return the original language, and I too have opposed consistently, the Equal Rights Amendment. The reason that I moved originally to take this provision out was that I felt that possibly there might be limitations that were being placed on rights by spelling these matters out, but I don't believe that at all. I think and I agree with the Lieutenant Governor on this, that our primary purpose is to try to handle these questions on the State level. I'm leery of what the Equal Rights Amendment might do on a national level, - but on a State level I can see no law that we should ever pass that would not be for equality among all people in the State. GOV. BUSBEE: Judge? JUDGE DEEN: Governor, I think I told Rep. Harris that I need to leave about 11:30, and I thought we were progressing toward that. GOV. BUSBEE: We're going to make it. JUDGE DEEN: Maybe in that area, but I would like to speak in support of Rep. Snow's motion with one exception now,
46
and I'm going to finally vote to leave the word "sex" out,
and I want to explain my position why I would like to leave
that out and put the others in.
The original charter of this State provided that
no rum and no lawyers and no slaves would be brought into
Georgia. So what I'm saying is the original position of the
State was one of no discrimination racially. All right. Of
course I think during the Civil War this State voted not to
secede the first time and finally they did vote to secede. All
,',
right. Having said that, let me first speak on sex, and then
I'll get back to race, national origin, religion and ancestry.
One, the Supreme Court of Georgia has ruled that
biologically and physiologically there is a difference between
the two sexes. I think there is a recent Supreme Court on
that where
'.
JUDGE NICHOLS: We'll take judicial notice of that.
"'
JUDGE DEEN: The attempt to rule that rape laws
under the Constitution was with the idea that there ought to
be a rape law applying to men. The Supreme Court said you :'! can take judicial notice there is a biological difference.
All right. My two ideas of not voting to leave
sex in there goes back to the home, that Colorado and other
states that have absolutely -- federal judges would so hold I
believe and maybe some state judges that absolute equality of
sex could mean that --'we're putting in happiness of the family
47 f
,t'
up in the preamble, but I think we're undermining what's known as the family today with the possibility that absolute no discrimination of sex could be marriages like in Colorado between two of a kind, but of course absolute equality could send them off to war. Now, I'm no~ going to say I'm going to leave sex. I'm going to vote to leave that out because of the biological and physiological difference.
Now, let me get to the word "race." I think we need the word "race ll in our Constitution, and I agree with everything that's been said here, that it's going to take something like this to pass this Constitution. The reason I want to put race back in is when our State was first set up, we had no racial discrimination. That is no slaves were allowed into Georgia. ,- All right. But I want to call your attention that the number one book' in our State universities and in our pUblic schools today is titled, subtitled IIPreservation of the Favored Races. II Now, some of you are aware of the debate going around in our State about the origins, where we come front. The number one book, the most popular book that's forced on our young people state-wide exclusively is IIpreservation of the Favored Races. II 'I'hat's the name of Charles Darwin's book. Most biology teachers are not even familiar with the title, but it's Origin of Species through Natural Selection, or Preservation of Favored Races in the Struggle for Life.
How, what 1 1 m saying is you could argue that we
i'
I,
48
have a racist philosophy and an atheistic concept, but I won't
get into that too much of being promulgated in our State, and
I think Georgia should go on record, particularly since we have
that exclusive rnonopoly philosophy forced on our young people
in the guise of science.' It's a religious philosophy, preser-
vation of the favored races. So I think this Committee ought
to go on record saying that we are against racism in this
state, and I think we need that in there.
Now, let me go to ancestry, and no one may agree
with this, but if you argue that you have human ancestry in
this State only, then you are discriminated against. If you
contend that you have animal ancestry in this State in our
'. universities and pUblic schools, then we have books that argue,
that call this science. If you argue that you have exclusive
human ancestry, this is prohibited in our public schools. One
is no more religious than the other, and I think we ought to
go on record in this State saying no discrimination racially
or as to your ancestry. People that say they have only human
ancestry should not be discriminated against by those who
literally and fundamentally believe that they have animal
ancestry. I don't have any objections to anyone who claims
that they have some kind of animal ancestry, but this is forced
on young people today, and I think we ought to go on record
saying that there should be no discrimination based on race and
ancestry, no discrimination on religion.
'j. 49
I
,
All right. Now, let's get to religion just a
minute. Evolutionary fundamentalism is a non-theistic religion
that's being promulgated in our public universities and our
public schools. I would like to elaborate on some of the
homicide and suicide games that are being taught under values
clarification where students are asked who would you tell that
you considered committing suicide; the fallout shelter games where young people are forced to sacrifice and fictitiously kill people, and if you don't believe that, get a copy of
,,...
Values Clarification. It's taught allover Georgia and all
; over America.
I~OW, the reason I would like to support four-fifths
of Rep. Snow's motion is because there is no biological
difference other than color and race; therefore, we should go on record saying that Georgia is not a racist State. We should
go on record saying that we're not going to have any discrimi-
nation among religions, theistic or atheistic. Now, a lot of
people say, "Vvell, atheistic religions, I mean atheism is not
a religion." Madyln Hurray O'Hare has brought her American
Atheistic Church to Georgia. Thursday is her sabbath, and yet
we teach her concept of origins, and we don't teach the concepts
of theists, who are no more religious than the atheists. -I'll.con<;rlude by saying that I think this is probably
the most important thing we can put into the Constitution
of this State, and it's something that Georgia can go on record
f ~,
i.
,~. ,\::",,-//
I'
50
as not being even though we're only teaching preservation of
the favored races, I think we need to counter that by saying
we're not a racist State and we're against racism, and we're
against discrimination on religion, vle're against discrimination
on ancestry and national origin, but if \.,re can \o'lOrk it where
,. I can vote to leave the word "sex" out, I would like to
enthusiastically adopt everything else Rep. Snow has said.
GOV. BUSBEE: All right. Mr. Speaker?
"
REP. HURPHY: Mr. Chairman, I vlOuld like to of fer
I ' an amendment to Mr. Snow's motion, and I would offer the
amendment because I think we can eliminate everybody's problem.
I think we can achieve what 've want to to get people to help us
pass this thing, and we could eliminate the Judge's problem,
and we could eliminate Mr. Snow's problem if we'll just put a
" .. period after the \V'ord II thereof ," and that just says nobody
; will be discriminated against for any reason, and that's all
we say. If we don't leave in all these things these folks are
talking about, it just says they'll have equal protection and
they won't be denied equal protection, they ,.,on' t be denied
the Georgia civil rights or discriminated against in the
exercise thereof for any reason, and it just says all persons
have got equal rights; that's all it says. Just put a period
after the word "thereof" and quit right there.
GOV. BUSBEE: I don't see where you're talking of.
SEN. OVERBY: I don't see where you are, Mr.
"\!,!' 51
Speaker.
,.
:~
REP. MURPHY: It would read that "No person shall
be deprived of life, liberty, or property without due process
of law, nor be denied the equal protection of the law, nor
be denied the enjoyment of civil rights or discrimination
against in their exercise thereof." That says no person is
going to be discriminated and no person is going to be denied their rights, and it leaves all that other junk out. It gets your civil rights in.
GOV. BUSBEE: No, it doesn't. REP. HURPHY: Yes, it does too. Everybody is a person I think. JUDGE CALHOUN: I second that amendment if it needs one. REP. MURPHY: I think the Judge would take judicial knowledge of that, that everybody is a person. JUDGE NICHOLS: (Nods affirmatively) MR. BOLTON: Depending on how they act at a given moment. JUDGE NICHOLS: Either one, one or the other. HEP. MURPHY: That just says everybody is going to be given equal protection, and nobody can be denied their civil rights and discriminated thereof. JUDGE NICHOLS: I'll go with that, but I don't think it's necessary. I don't think any of this stuff is necessary.
I f 52
I think it's already taken care of in the Constitution. REP. MURPHY: Judge, I agree with you in the judicial
field, but in the political field I would totally disagree with you.
JUDGE NICHOLS: In order to pass the Constitution I will go with that.
JUDGE DEEN: Well, I think we will be accused of dodging the word "race."
REP. MUHPHY: I don't see how they could. I don't see how they could, because everybody is a person, whether they are white, yellow, black, green or purple; they are still a person.
. ~:
REP. SNOW: And we already know they have taken
'.'
,. judicial notice of the fact that they are either male or ~ " female.
REP. MURPHY: That is correct. I'm delighted ~ you're learning something, Mr. Snow.
REP. SNOW: I'm learning a lot. REP. MURPHY: There's hope for you now. GOV. BUSBEE: All right. You've got a motion that you go through the word "thereof" as written and put a period, and the new language would read, "Nor be denied the equal protection of the laws, nor be denied the enjoyment of civil rights or discriminated against in the exercise thereof." REP. MURPHY: That's right.
! 1\':.F. 53
amend?
GOV. BUSBEE: Is there a second to this motion to
JUDGE CALHOUN: I second.
I
GOV. BUSBEE: Motion made that this amendment be
adopted. will you withdraw your motion? MR. HARRIS: That's a substitute.
JUDGE DEEN: That's an argument. I think I'm going to vote in favor of this motion.
~OV. BUSBEE: All those in favor, say "aye." (Ayes)
GOV. BUSBEE: All opposed?
(No response)
\ t '''''l~
GOV. BUSBEE: It's adopted. That's Paragraph I.
, All right. Is there any other part of Article I that anyone
desires to reconsider at this time?
MR. HILL: Mr. Chairman, I would point out that the
" Committee to Revise Article I had this language in there about
the equal protection of the laws, and because of that, they
removed a provision in Section II, which has served as our equal protection language in this State. So I am not sure whether you want to omit that Paragraph III, which is in the draft of Section II, Paragraph III, page 6. Wait a second ..:3 Page 5.
GOV. BUSBEE: It's on page 5. What he is speaking of is we have in our existing Constitution the words contained
on page 5 in Section II, Paragraph III, where it provides, "Protection to person and property is the paramount duty of
the government and shall be impartial and complete." That has been in our Constitution for many years. They had left it out because of the language that they have put over here. ~'lhat is the feeling of the Committee on this?
JUDGE CALHOUN: I think it ought to be in. I think it is in.
MR. HILL: It is in now. JUDGE CALHOUN: At a different place
.) l'
MR. HILL: It is in now, yes, but the point is it could be considered redundant in light of the equal protection language in Paragraph I of Section I. At least that's how the Committee to Revise Article I felt.
GOv. BUSBEE: It's in there now, unless somebody !t' 1" desires to leave it out.
REP. SNOW: Let's leave it in there. GOV. BUSBEE: All right. Look at page 5, Section II. On page 5, section II, subparagraph III, it's on line 15, Protection the duty of government. SEN. OVERBY: I think we ought to leave it in. REP. SNOW: Let's leave it in. JUDGE NICHOLS: That's the reason I said the other thing was unnecessary. GOV. BUSBEE: All right. There's the point. If
I';
55
nobody moves to take it out, it's in. Is there any other
reconsideration desired on Article I?
REP. MURPHY: Judge, I think that particular
paragraph of our Constitution is a magnificent statement of
nothing.
JUDGE NICHOLS: Of course it is.
REP. MURPHY: Magnificent statement of nothing.
GOV. BUSBEE: We've adopted II. Is there any
reconsideration on II? If not, we'll go to III. Someone
mentioned the gratuity thing in III. Arthur, on the gratuity,
didn't you all have something on leaving the gratuities as it
is?
MR. BOLTON: I think we should leave the gratuity
provision in the Constitution just the way it is.
GOV. BUSBEE: Article III. I'm in Article III now.
REP. SNOW: What page is it?
MR. HARRIS: Page 13.
GOV. BUSBEE: I think a motion, without my reading
it are you moving that we leave the gratuities exactly as
it is today?
MR. BOLTON: Unless somebody has got a better thing.
As it is now.
REP. MURPHY: I move we go back to the Constitution
as we have it now on gratuities.
HR. HARRIS: Does your motion include the existing
56 ten amendments?
REP. MURPH~: Just the original Constitution.
HR. BOLTON: You've got to put the amendments in there though.
\vell --
HR. HARRIS: That provide for $250,000 for an oil
GOV. BUSBEE: I'm going to calIon Charlie Tidwell
;; just for a minute about going back. I know the thrust of the
motion is to put it back like it is, and what comment do you
have on that, Charlie?
...,:" I
<\'\
'. ,r:.,"
MR. TIDWELL: For the benefit of the Select
()
c
Committee members who were not privy to the deliberation of
the Article III Revision, the gratuities section is an often
amended paragraph of the Constitution. It is fruitful grounds
~
'-' ," for the submission of amendments that are not ratified, and t.: :..J. that Subcommittee that dealt with that Article struggled long
and hard to try to come up with an alternative. ~hey came up
with a proposal, and it was rejected, and they went back and
they labored and they tried to corne up with something that was
.'1 acceptable. What was finally accepted is what you see in front
of you, and that is probably a worthy s~ggestion for a change
insofar as the General Assembly is concerned, but it has
ramifications that go beyond just limitations upon the General , I Asserly. By court construction, the present gratuities
section of the Constitution has been determined to also provide
57 I a prohibition on counties and municipalities and local
government school boards so that they are also prohibited by this provision of the Constitution from granting gratuities.
The change that you have before you in my judgment if the courts are called on to say whether that will be extended to local governments, they will not because now you've got a provision that say~ gratuities can be granted if the General Assembly in two successive sessions of the General Assembly shall grant a gratuity or donation for a public purpose. It would be hard for me to see how the court could say that that provision now applies to counties and municipalities, and so what you're doing in effect if you
"
adopt this, you have completely removed any limitation in the
,
Constitution from any prohibition of local governments granting gratuities.
REP. SHOW: Well, that's not desireable at all. JUDGE CALHOUN: Doesn't another provision in the Constitution specify for what public monies can be spent? ~"ouldn't that prohibit it from doing it? !-iK. TIDWELL: I don't think in its entirety it would, Judge. The ramifications of it they say now the powers of counties have been locked, unlocked without having those enumerated purposes, and they say any other purpose that the General Assembly shall provide, that is a public purpose. Whether that would do it or not, I don't know. I'm fearful
that it would.
"
58
REP. SNOW: Can we not lock something into this
where it would cover that without going back to all that language?
MU. TIDWELL: Well, there's a way. There's a good
bit of thought that subscribes to the theory that the gratuity
section has stood in the State as good public policy, and
granted, you have had about nine or ten amendments to it.
GOV. BUSBEE: Let me interrupt just a minute.
'rhey I re asking where the present Constitution is. It's on page
18, Hr. Speaker. You have the two main provisions and then the
exemptions. 'l'hat's Paragraph XII of Article III.
REP. MURPHY: Yes. I have found it, sir.
GOV. BUSBEE: Section 8.
MR. TIDWELL: As you all know', there can be
unbelievable pressures brought to bear for a particular popular
~ cause to grant --
REP. SNOW: Somebody is sick in a municipality. :',) The city could give them the treasury.
,1
MR. TIDNELL: Or to grant veterans' bonuses or any
of these type things.
MR. BOLTON: The only reason Georgia didn't give
away $100 million in 1952 is because of the gratuity provision
of the Georgia Constitution, because I know, because I stood
in the House on the floor and fought it, and I'm very strong
I didn't vote for this thing the other day. I am very strong,
unless somebody has got somehow they can convince me, that we
ought to leave the thing like i t is, and I am going to oppose
it, if you leave it like it is now, because we use this thing
50 times a month over there in the Attorney General's office
telling folks they can't do things.
IlliP. MURPHY: You're going to oppose it if we leave
it like it is in the present Constitution?
MR. dOLTON: No, no.
:1.1
REP. SNOW:
.<" ~ the Speaker is right.
;:-,
Let's go back to the original.
I think
GOV. BUSBEE: Let's see. Those that desire to leave
l,
it like i t is, let me see if I state the motion correctly.
All right. This would be a substitution for Paragraph VI,
which is entitled "Gratuities," and if you strike everything
. in the proposal on gra tui ties --
SEN. OVERBY: Referring to Paragraph VI, Governor?
GOV. BUSBEE: On Paragraph VI, and you would
substitute the existing Paragraph XII of Article III, Section
8 of the Constitution today, and those would be your main
two Article Sections which would be, "Except as provided in
this Constitution, the General Assembly shall not by vote,
resolution or order grant any donation or gratuity in favor of
any person, corporation or association. Secondly, the General
Assembly shall not grant or authorize extra compensation to any
60 public officer, agent or contractor after the services have been rendered or the contract entered into," and it would also include all of the exemptions already passed by the people of 3, 4, 5, 6, 7, 8, 9.
HR. HARRIS: There are two 9s. GOV. BUSBEE: There are two 9s now. And 9, but we would renumber the last paragraph 9 to make it 9 and 10. That is exactly as is. Okay. Mr. Speaker? REP. MURPHY: The gentleman on my right has called to my attention in Article IX, Paragraph 4 or section 4 of , Paragraph 3, there is a provision in the Constitution there
l'
prohibiting where the General Assembly could not allow counties '--::~~'t~ ~~: and cities to give away stuff in that particular section, but
" my reason for feeling this way about it is I think between now
'".~
] and the General Assembly, we can come up with better language than these exceptions we've got. I think with the help of the Attorney General, we can come up with that, but I think vIe ought to keep in there that we can't give gratuities without the people voting for it. REP. SNOW: I agree with that. JUDGE DEEN: Could I comnlent on that? MR. HARRIS: Mr. Speaker, you could put in Paragraphs land 2 of the present Paragraph XII and have Paragraph (b) on page 14, which by that paragraph carries forward the amendments 3 through 9 and 9 and not have to restate.
"\, ;;, 61
GOV. BUSBEE: You know, I have a problem with that. If we can go on and do what you're moving to do, to put it
,I
exactly as it's written in this book today, then the people know how much you get for oil wells and they know how much you're exempted for various things without having to go to some other instrument and look up general constitutional provisions.
REP. MURPHY: It.'s my expectation, Mr. Harris, to put the best legal minds we have in the House to work to consolidate these things into simpler language to where it can tJe consolidated down and not have to have all these long
c"
phrases and send it back to this Committee, and I assume the Senate will be willing to do that, and I think that language could be consolidated and compressed considerably and leave it like it is to where the Attorney General wouldn't have the problems he did and the General Assembly would not be allowed to give gratuities. I think it puts entirely too much temptation, too much pressure on the General Assembly to give some highly emotional thing, a gratui~y, and I think it would just be. better if we didn't have that temptation.
GOV. BUSBEE: All right. The motion is that on gratuities that it be left as in the existing Constitution, Paragraph XII.
SEN. HOLLOWAY: Second. GOV. BUSBEE: The motion is made, and the motion is seconded. Is there any further discussion?
:>,,(,
G2
JUDGE DEEN: Mr. Chairman, someone raised the
question last time we met about the doctrine of sovereign
immunity. As I understand it, now I'm agreeing to put it back
like it was and leave it where the State cannot grant gratuities,
but as I understand the doctrine of sovereign immunity is a court imposed rule, and if the court wanted to abandon that, of course I'm favor of the State, if a State truck runs over
P somebody out there and that's not a gratuity. If the State
abandons the idea that the King can do no wrong, now this would
in no way prohibit the court from doing that later.
GOV. 13USBEE: rl'hat has nothing to do \'li th immunity,
Judge. All right. Is there any further discussion? MR. BOLTON: Hot that the court ought to do it
if you understand.
JUDGE DEEN: Well, that's debateable. MR. BOLTON: You think we're going to need another
legislature. GOV. BUSBEE: Is there any further di-scussion to
II leaving the gratuities as is?
(NO response) GOV. BUSBEE: If not, all those in favor say "aye."
(AYes)
GOV. BUSBEE: All opposed?
(No response)
GOV. BUSBEE: It's adopted.
l< G3
:'1
MR. HARRIS: Mr. Speaker, the staff has an earlier
I draft of the proposal tllat basically does what you're talking about.
REP. MURPHY: I would like very much to have it.
,I to you.
MR. HARRIS: If you would like to have it furnished
GOV. BUSBEE: Let me just state for the minutes of this meeting if I might, I think it's the sense of the Select
Committee that what we're trying to do is to preserve Paragraphs
1 and 2, which are the prohibitions against gratuities and
then in some way shorten the exemptions, which are the remaining
paragraphs in the existing Constitution, and you say the staff
had already made an attempt to do this?
MR. HILL: (Nods affirmatively)
GOV. BUSBEE: This will be given to the Legislative
Conuni t tee?
MR. HARRIS: Yes.
GOV. BUSBEE: All right. Is there any other
')
reconsideration motions on this Article? Let me go paraqraph
by paragraph now. These are only things that any member of
the Select Committee has mentioned to me that they would like
to reconsider.
PiliP. MURPHY: Is that all we messed up now?
HR. 'l'IDVVELL: I don't know how much we messed up
last time.
64
MR. BOLTON: 'I'ha t '. saIl \ve know about now. HR. HILL: I wanted to clarify one thing where there's some confusion. I went back and checked with the recorder, but I went back and forth, and this is on the duties of the Lieutenant Governor. If we could look at Article V, Paragraph III and make sure that this is what you had agreed to last time. This what appeared to be the agreement of the Committee, that Article V, Paragraph III, the duties of the Lieutenant Governor -JUDGE NICHOLS: What page? MR. HILL: Page 1. Article V, page 1. Is this what the Comnlittee agreed to do? REP. MURPHY: That's what we agreed to. SEN. HOLLOWAY: I tried to make him Speaker of the House, but the Speaker wouldn't bUy that. GOV. BUSBEE: All right. Is there any other questions? Are we through with all reconsiderations then? (No response) GOV. BUSBEE: The next thing I would like to ask of the Select Committee is the way t~at this would be presented. We have five. I believe we have Articles I, II, III, IV, V and X now for consideration. How they will be presented to the Legislature. I want to callan Robin aarris at this time concerning that. MR. HARRIS: Mr. Chairman and members of the
65 Committee, we've got about four options for you to look at insofar as a method to proceed. Each of the Articles can be separately sUbmitted, \vhich as we've drafted them and in trying to align within each respective Article the subject matter that relates to that Article, we have moved certain things from Article I into Article II, from Article III into Article I, from X to III. So we run a risk of having these six Articles travel through different committees in the General Assembly without coordination as to changes that might be put into different Articles, and there's the risk of course of five being ratified and one not being ratified, which means then that to cover all those risks, we have to go back and undo basically everything that's been done and put Articles back where they were when we found them.
The second option would be -- Article III seems to be the one to and from \vhich a substantial number of things have been moved. Hold back on Article III and go with I, II, IV, V and X, but vve "lOuld still have to make some ac1j ustments in I, II, IV, V and X that put us back in the posture we're starting in, and that's without much cohesion in all the Articles.
The third option, possible option, would be to incorporate all six Articles in one resolution and let them travel as a body, having that one resolution incorporating all six Articles introduced simultaneously in the House and Senate,
.1
" L'
66 asking the members of the Select Conuni ttee who are members of the House and Senate and the members \'1ho served on the Article Committees from the House and Senate to serve as sponsors in their respective bodies. That has a potential dra\'1back which is contained in the present Constitution in Article XII, which
states that a proposal for one or more changes vii thin a single Article may be submitted as a single amendment; a proposal for one or more changes in a single Article and a related change or related changes in one or more Artic]es may be submitted as a single amendment; a proposal for a new Article may be submitted as a single amendment; a proposal for a new Article and a related change or related changes in one or more other Articles may be submitted as a single amendment. It doesn't say that a proposal to offer six Articles 'may be submitted as a single amendment.
The practical aspects of having it as a single amendment in traveling through the House and Senate are obvious. Secondly, the benefits that would accrue in having the resulting document ratified as one amendment, having to address only and secure support for the passage of only one amendment would be most beneficial as against going for six. The problem could be solved by offering ~lso in this new one resolution an amendment to Article XII to permit this, which assuming it's ratified in November of next yea~ would solve the potential technical problems.
67 MR. BOLTON: This year. MR. HARRIS: This year. Yeah. We've already had the new year. I'm sorry. But it would leave open between its passage by the General Assembly and its time to be voted on ir. November, it would leave it open to a court challenge by someone to corne in and say, "Hey, you can't do this. II And the fourth alternative is to not submit any of
them, is to hold back on the sUbmission of any until Articles
VI through IX are done, and the fifth alternative would be to propose a totally new Constitution with new revised Articles I through V and X and old Articles VI, VII, VIII and IX, which can be done under the present Article XII. You can submit a whole new Constitution.
NOw, in the p~ocess of doing this, there would be obviously nothing to limit the General Assembly from making whatever changes it wanted to in VI through IX as the document found its way through the General Assembly.
So every alternative has its good points and its drawbacks, and you need to tell us how you would like for us, your staff, to proceed in developing the document that needs to be presented to the General Assembly, hopefully next week.
DOes any of that make sense? GOV. BUSBEE: May I say something on this point? I recognize that we have these problems, that if you ~.'lere to put say these six Articles one right after another, the people
68 in all likelihood would adopt all the Articles, but I don't thin]<. we can hazard the chance that they ,,,ould kill one where you were having a transfer, and this would create disaster. I don't see anything wrong in doing what the Legislature does in legislation all the time where you have ten sections in a bill, in an Act rather. You have ten sections in an Act, and you are going to change Sections I, 2, 3, 4, 5, and 10. You go through and strike, amend this Act by striking 1, 2, 3, 4, 5 and 10 and then restating the whole thing.
Now, this is what we're talking about doing under the fifth option of what he has. If we just have a single amendment that will do exactly what we have done and at the same time in the same document leave the existing Constitution VI, VII, VIII and IX as is, publicly state this, then I think that there can be no chance whatsoever of striking down one and leaving a void in the Constitution, and that's the only intelligent way I see that we can proceed, is under the fifth option as you state. That is that we just draw up one con~titution where people have one document with the understanding we're coming back as a Select Committee and we're going to try and amend sections VI, VII, I mean Articles VI, VII, VIII and IX at the next go-round.
Go ahead, Mr. Speaker. REP. MURPHY: 'l'ha t' s the only solution. The only intelligent solution w'e have is not to take any gamble at all.
69 That's the only way it can be done.
MR. BOLTON: I would rather lose it all than in parts. You would go crazy trying to figure out what you had.
REP. HURPHY: We would be taking a terrible gamble to do it any other way.
GOV. BUSBEE: What is the feeling then? I don't know if we have a motion.
SEN. HOLLO\-vAY: Well GOV. BUSBEE: Al? SEl'l. HOLLOVJi\Y: The reason we recodified the Constitution I was under the opinion was to put germane information under the right Articles so that we could indeed rewI:i te the Constitution Article b~r Article and thereby give the public a r'lore narrOvl choice in their vote. I think that was the reason we did it, wasn't it? GOV. BUSBEE: Yes. That's one of the reasons, yes. SEN. HOLLOWAY: But I don't know' if language could be written that if all six of them don't pass, the others go, but I sure would like to let the pUblic exercise the right to consider Article by Article rather than -- and I thought that was the reason we proceeded that way. GOV. BUSBEE: I think there was a dual purpose, as you pointed out, Sen. Ilollm"ay, is we wanted to have the SUbject matter as best we could, everything on education where whoever revised it, whether it was a Commission or whether
70 it was a Convention, could consider that subject matter. Also, when the people considered it, they wouldn't have the entire Constitution. They would consider it on an Article by Article basis, but I think you can see that there is a very practical problem right now involved, is that we're considering it on an Article by Article basis, and when we further recommend that you switch provisions, we can't take the chance.
SEN. HOLLOWAY: I see that indeed, but what is wrong 'with saying that if Article: XYZ fails, this also fails and' preserve the right to vote by Article is all I'm saying.
REP. HURPHY: Hell, what you have done, Senator, is
if one Article fails, the whole thing fails. It's the same thing.
GOV. BUSBEE: I think you need to do one thing, and let me tell you what that is.
SEN. HOLLOWAY: So what? Then we'll have to get together and figure another way to \vrite the Constitution. That's exactly what I'm talking about.
GOV. BUSBEE: I think if you would put -- and this will make it very clear to the people what we're proposing to do, that if you would put this provision which would be an amendment to Article XII and not just limit it to the Article or to the whole, that if you would say this, this would allow you to come back for the next two years and work on VI, VII, VIII and IX, and the language would read as follows: "A proposal for
71 the ratification of two or more new Articles may be submitted as a single an~ndment. A proposal for the ratification of two or more new Articles Vlith related changes within the Articles or with related changes in one or more Articles may be submitted as a single amendment." 'rhat would extend XII to do ~"hat we're talking about without stating the whole Constitution, but it really is just nothing but a technicality to put VI, VII, VIII and IX in there as you restate a bill \"hen you amend it, but I think we have to include it. I don't think we can leave room for a void if one fails that the other one passes when you're transferring one power from another.
SEN. HOLLOWAY: I agree with you completely, Governor, lut what I am saying is this, if there is any legal way that we can permit the pUblic to vote Article by Article, I think it gives them a much wider choice, and \vhether it wins or loses is the name of the game. If it loses, then we've got to come back down here and figure a way to rewrite the Constitution.
GOV. BUSBEE: Well, I would like to put it on an Article by Article basis if we had accomplished initially ""hat you're talking about, and you're correct. If everything was by subject matter and there was"no transfer of provisions as we found it to be necessary now, you are absolutely correct, but since there is or since there are transfers, many of these transfers, I don't see how we can leave that hanging like that without considering it together.
\I
72
REP. HURPHY: Mr. Chairman?
'~
"'
GOV. BUSBEE: All right. Do you have anything?
SEN. HOLLm'1AY: Are we through?
GOV. BUSBEI~ : Were you through?
SEN. HOLLOWAY: Yes.
GOV. BUSBEE: Yes.
REP. MURPHY: The Senator is imminently correct in
that that is what we started out to do, Article by Article, and
I made speeches allover this State, and I'm not going to back
up on that, but what has happened to us is we have consolidated
things out of one Article into another one and made the
language shorter than either one of them was to start with.
i ....
c- \ve consolidated, and that is something that we did not foresee,
bu t if we do this thing here now, there ain't no \vay \'/e can do
it like you say because if they vote against one, they beat
the whole thing anyhow, but if we do this thing like go Article
by Article and Article I gets defeated, we could be in the
awfullest mess in the world. For instance, if the gratuities
was to be defeated, we would have no protection anywhere on
that thing. It's just a matter of necessity now, and this is
the only way we can do it.
MR. TIDWELL: Al,in explanation of your thrust of
what you said, that's what everybody tried to do.
SEN. HOLLOWAY: I understand that.
MR. TIDWELL: But everybody now that has been
73 struggling with this project for four or five years realizes that there is no way to take the present Constitution and compartmentalize it so that one Article stands by itself. You have to look by necessity at the whole Constitution.
SEN. HOLLOWAY: I understand that. MR. TIDWELL: As one document, particularly Article III, which deals with the powers of the General Assembly, cuts across almost every other Article in the Constitution. There are some Articles that can stand by themselves, but there are others that can't, and that's why we're in the dilemma that '-Ie are today. SEN. HOLLOWAY: I understand that, but you have evidently missed my point. I say is there any way that we can preserve the individual vote, Article by Article, and if one falls, it all falls? GOV. BUSBEE: This does it. SEN. HOLLO\"lAY: No, it doesn't. MR. BOLTON: He's talking about let's vote on each one separately SBN. HOLLm'lAY: Sure.
;;
HR. BOLTON: I think you can do that ler;ally. SEN. HOLLOWAY: Sure. And if one falls, it all ought to fall, but again it gives the people a choice in individual areas. HH. TIDWELL: There's a division of legal thinking
of whether you can do just \'1hat you propose, 1\1. There then you do tie. The Constitution requires separate anendments to be submitted as separate, and then when you start tieing together, there is a question, are ".1 ou then sUbmitting them separately. Some feel, well, you are, and some feel you aren't, and there's not a real good practical solution to this other than to let them all go with one, and the only way to do that is to have'a new Constitution, and that has its drawbacks.
SEN. HOLLOWAY: If there's no way to do it, then
my argument is moot.
GOV. 13USBEE: I think your point is well taken, 1\1, because it is something staff and counsel and all have been working on since we last met, and they've discussed it with me numerous times on every alternative, and this was discussed, but again you don't have a provision in there now
,,
tel where you can consider two of them, and this tying one to the
other is a dual consideration in the. minds of some. It's not
in the minds of some. I just would hesitate to take that chance if we have that sharp a division among people on it, but I do think this, and I don't think it's as to this discussion to where you could accomplish what you're talking about. He definitely need to put in no\'1 what we're reconunenuing to the people. 'fhe provision that Charlie has written, a proposal for the ratification of two or more new Articles may be submitted as a single amendment; a proposal
for the ratification of two or more new Articles with related
changes within the Article or with related changes in one or
more other Articles may be submitted as a single amendment.
HR. 'fIDWELL: I have enough here if everybody wants
to look at this.
GOV. BUSBEE: But if you had that, you could do
exactly what you want to do now.
Charlie?
I~P. MURPHY: Where are you going to put that in,
HR. Tlm~ELL: 'l'hat ,wuld go at the end of Paragraph
1 of Article XII.
JUDGE NICHOLS: It's amending XII?
GOV. BUSBEE: Right.
JUDGE NICHOLS: Uhich is necessary in order to do
what you're doing?
HR. Tlmml,L: Right.
JUDGE CALHOUN: Hr. Chairman, in order to bring it
to a head, I move that we proceed and move along the lines
outlined by Mr. Harris in option five and also pr%se this
amendment to the Constitution.
GOV. BUSBEL: All right. Judcre Calhoun has ~oved
we go with option five as outlined with Mr. Harris, and ,ve
amend Article XII as I have just read and as it has been
passed out to you.
REP. SNOh': I second.
76 REP. MURPIiY: Second. GOV. BUSBEE: The motion is made and seconded. Is there any discussion? MU. TIDWELL: Governor, this is just a technical change. If that is done, the staff will have to go into the present other Articles that you haven't amended and just make some date changes. GOV. BUSBEE: Right. HR. TImvELL: And technical changes, because ~ve' re going to have a new Constitution, and I think you ought to authorize the staff to do that and make no substantive changEos, but make changes in dates in preservation of present - . substantive provisions. GOV. BUSBEE: All right. SEN. IIOLLOHAY: Hay I address myself to this? I , want to know v.,hat ci1anges they make.
~,.'
?
GOV. BUSBEE: Let me address what Al is talking about.
SEN. HOLLOWAY: I think we ought to be appraised, substantive or not.
GOV. BUSBEE: I'll entertain a motion that I think will protect what you're saying, a motion to authorize the staff to do this work, editorial work, to mail E:ach member of the Select Comm.ittee the corrected revision and that if there is any question or objection by any person on the Select
Conunittee, then we'll call another Committee meeting.
SEU. HOLLm'lAY: Hell, not only a copy of the final
version.
MR. BOLTON: Showing the changes.
SEN. HOLLOI'1AY: ShovTing the changes.
GOV. 13USBEE: Showing the changes.
MR. BOLTON: If it's nothing but an "and" or a
comma, I \lant to see it.
GOV. BUSBEE: All right. That's understood, and I
\lill entertain such a motion.
SEN. HOLLOIvAY: Yes, sir.
GOV. BUSBEE: Second?
MR. BOLTON: I second.
GOV. BUSBEE: All right. A motion has been made
and sec~nded. Any discussion?
(No response)
GOV. BUSBEE: If not, all those in favor say "aye."
'rhat was a mighty weak "aye." All in favor say "aye."
(Ayes)
II
GOV. BUSBEE: All opposed?
(No response)
GOV. BUSBEE: All right. That's adopted. Then
just point out any changes, if you will, on the face. All
right.
HR. HARRIS: fir. Chairman, the two other things I
78
would like for the Committee to give us permission after the
legislative session is over, to come back to you and submit to
you a list of names of persons who have served on these Article
Committees, not all the Committees, hut persons from those
cornmi ttees as a sort of an overview Committee \.,rhich could then
take the final product as it came out of the General Assembly
and go through it to make certain that no problems have been
created as Q result of changes that might have taken place
while it was in the General Assembly, look at Articles I through
V and X or I, III, IV and V, but that's something that we
would like to have the opportunity to do, is to give you a list
of n~nes of people who have been actively working on these
Articles so that we can have a little oversight afterwards.
1- rrhat's second, and the third thing is would the Committee
consider usiny Mr. Reiner's office to generate a press release
'. f in connection with the work that's been done reflecting the
..;
7
~
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reduction
in
size
that's
taken
place
in
the
six
Articles,
the
amount of time that's been expended on it.
Is this something the Committee would consider
allowing to be done?
REP. MURPHY: I would suggest that you have Mr.
Reiner do it and submit a copy to the Senate office and submit
a copy to the House Office, and both offices will send it out
as well as the Governor's office. GOV. BUSBEE: That's fine. It needs to be promulgated
79 in some way.
SEN. HOLLOWAY: That's what beat us two years ago. We didn't do that.
GOV. BUSBEE: Right. Any objection? Do you have another point?
REP. MURPHY: No, that's not \'lhat beat us two years ago.
GOV. BUSBEE: All right. Now, you've heard the recommendation Mr. Harris has made for the staff to do these things. Is there any objection?
(No response) GOV. BUSBEE: If not, it stands approved. Sen.
;: Holloway? SEN. HOLLOWAY: Now, we're going to present this
one package now as joint bills through the House and Senate? GOV. BUSBEE: This is the next thing we have on
the thing. Mr. Speaker? REP. MURPHY: Senator, I've given that a lot of
thought. I think it ought to be introduced in both Houses
.J
as early in the session as we can. I think both Houses ought to go ahead and take it up. If you pass it over to us, whatever our Cop~ittee comes out with, we'll probably just substitute it for yours, whatever the House does on it, and then the Conference Committee will get together and come back, and that's when the final decision will be made, but hopefully you will
1
80
II pass it on over to us since we're going to have to handle the
budget first.
GOV. BUSBEE: Let me ask you. ~'le' ve got both of you
all here now. Could. it be agreed that whichever one -- I agree
that it ought to be introduced in both Houses, but could we
just agree that rather than having some pride of authorship
there that whichever one -- we've done this on other hills
that we've done this vlith. Hhichever one crosses the hall
first, that will be the number that we go with in conference?
REP. MURPHY: Yes, sir.
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GOV. BUSBEE: Is that all right? MR. MILLER: Sure.
REP. MURPHY: We'll go ahead and have a Subcommittee!
working by~that.t.i.rne. I GOV. BUSBEE:
I understand the purpose.
That would
let both Houses, the House and the Senate, be working on it at
the.same time, but we've gotten down to the point of this
pride of authorship, and we've had this companion type
legislation when it wasn't worked out ahead of time, but this
is agreed to, whichever one passes will urge the conference
committee and the presiding officers will urge the conference
committee to use that as a vehicle. All right?
,
)
ii
Now, any other points any member of the Select
24 Committee would like to bring up? Mr. Harris, do you have
"I';';
anything for usi
.' \
81
MR. HARRIS: I need to see you and the Lieutenant
i Governor and the Speaker for just a minute when we adjourn.
GOV. BUSBEE: All right.
MR. HARRIS: One other minor thing. I would like
you had originally set a timetable for the Committees on VI
through IX for '82. I would like for the Committee to consider
setting a new timetable and ask those Article Committees to
report back by December of '81. NOw, they may not be able to,
but if they can, instead of stretching it out for two years,
get as many as can report by December of '81 so that we can
move fan-lard.
HR. llIIJL: December of '80.
MR. HARRIS: I mean December of '80. Excuse me.
REP. HURPHY: I'd rather have December of '80 myself.
MR. HARRIS: '80 now.
GOV. BUSBEE: What Mr. Harris is recommending is
that we ask the Article Committees to report back by December
of this year.
loiR. HARRIS: This year.
GOV. BUSBEE: All right. Is there an objection? Is
there a motion? I better get some motions.
SEN. OVERBY: I move.
GOV. BUSBEE: The motion made. Seconded?
JUDGE DEEN: Seconded.
GOV. BUSBEE: Any discussion?
(No response)
\': 82
GOV. BUSBEE: If not, all in favor say "aye."
(Ayes)
GOV. BUSBEE: All opposed?
(NO response)
GOV. BUSBEE: So moved. Is there anything that any
member of the Select Committee has? Now, if not, we stand
adjourned.
(Whereupon, the above-entitled matter was adjourned.)
-000-
C E R T I FIe ATE
GEORGIA "L., CLARKE COUNTY
l;
I hereby certify that the foregoing transcript was
taken down, as stated in the caption, and the statements and
discussion were reduced to typewriting by me personally; that
<:
< the foregoing pages, I through 82, inclusive, represent a tr~e,
correct and complete transcript of the evidence given upon said
~ '-: hearing.
"
This, the 12th day of January, 1980.
25 :;
DONALD SAMUEL LEMMER (SEAL)
,r . ~~~~il'-" ,t' ';bii1, ":~~'"",:
~' ~(tO;"d~
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-----------------
INDEX Committee Meetings Held on Constitutional Revision
Select Committee Meeting Held on Jan. 9, 1980
SELECT COMMITTEE MEETING, 1-9-80
Proceedings. pp. 3-5
PREAMBLE. pp. 41-42 ARTICLE I: BILL OF RIGHTS SECTION I: RIGHTS OF PERSONS Paragraphs I: Life, liberty, and property, and
II: Protection to person and property; ~qual protection. pp. 42-55 (ERA discussed here)
SECTION III: GENERAL PROVISIONS Paragraph I: Eminent domain. pp. 14-38 Paragraph II: Private ways. pp. 38-39 Paragraph III: Tidewater titles confirmed. p. 39
ARTICLE II: VOTING AND ELECTIONS SECTION II: GENERAL PROVISIONS Paragraphs II: Run-off election, and
IV: Recall of public officials holding elective office. pp. 5-9
ARTICLE III: LEGISLATIVE BRANCH SECTION VI: EXERCISE OF POWERS Paragraph VI: Gratuities. pp. 55-63 SECTION X: RETIREMENT SYSTEMS. pp. 7-13 ARTICLE V: EXECUTIVE BRANCH SECTION I: ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR Paragraph III: Lieutenant Governor. p. 64
PAGE 1
2
3
STATE OF GEORGIA
4
SELECT COMMITTEE
5
TO
6
REVISE THE CONSTITUTION OF GEORGIA
7
8
9
10
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18
19
20
21 Office of the Governor, State Capitol,
22 Atlanta, Georgia
23 Monday J June 30 J 1980 10:00 a.m.
24
25
, -- :~.
PRESENT:
;~~:
2
COMMITTEE MEMBERS:
3
GOVERNOR GEORGE BUSBEE
4
LT. GOVERNOR ZELL MILLER
5
THOMAS B. MURPHY
6
HIRAM K. UNDERCOFFER
7
BRASWELL D. DEEN, JR.
8
ARTHUR K. BOLTON
9
AL HOLLOWAY
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20
WAYNE SNOW, Jr. ALSO PRESENT:. FRANK EDWARDS J. ROBIN HARRIS MELVIN B. HILL, JR. ROBERT TIDWELL VICKIE GREENBERG MICHAEL HENRY CYNTHIA NONIDEZ
21
22
23
24
25
PAGE 2
PAGE 3
PRO C E E D I N'G S
2
GOVERNOR BUSBEE: I call the meeting to order, and
3 we will have sqmeone mark the attendance.
4
You have been mailed minutes of the previous
5 meeting, and I will enterain a motion.
6
A MEMBER: I move we adopt them.
7
GOVERNOR BUSBEE: The motion is made. Seconded?
8
A MEMBER: Seconded.
9
GOVERNOR BUSBEE: Any objection? If not, the
10 minutes stand approved.
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I call on Mr. Harris now for administrative matters.
~ 12 ~
MR. HARRIS: Mr. Chairman, several persons have
@ r i resigned from their respective committees, Mildred Burnett,
! 14 I- Wilson Danial and Anne Crichton, and there has been an ':~"z:
15 ~ indication that one other person will not be able to serve Cl e>:
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16 ~... but we have nothing official
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GOVERNOR BUSBEE: That's on the articles committees?
18
MR. HARRIS: These are on the articles committees.
.~}
19
Woodson Daniel on the local government committee,
20 and was there in his capacity as chairman of a committeeof
21 superior court clerks, and they would like to have Joe Mundy
22 who is the present clerk of the Clayton Superior Court
23 substituted for Mr. Daniel.
24
Mrs. Crichton was a member also of the Article IX
25 Local Government Committee, she was there in her capacity
PAGE 4
as a representative of Georgia Municipal Association. She
"~ :;.;,
2 is no longer mayor of Decatur, and they would like very much
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3 for the Select Committee to consider replacing her with Mr.
4 Bob Knox who is the mayor of Thomson, Georgia, and an attorney
5 Mr. Knox in hopeful anticipation that this would occur has
6 in fact been attending the meetings of the Article IX 7 committee and has been participating in those activities.
8
Mrs. Burnett was not a representative of a particula~
9 organization, she was on the Finance Taxation Article, and
10 the staff is not making any recommendation with respect to
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filling that position since the subcommittees have been at work and any person appointed would be way behind.
GOVERNOR BUSBEE: So the Georgia Municipal Association is replacing Anne Crichton, they recommended Bob Knox?
MR. HARRIS: Yes, sir . GOVERNOR BUSBEE: And who is the new .... ?
18
MR. HARRIS: The clerk of the superior court.
19
GOVERNOR BUSBEE: Who is that?
20
MR. HARRIS: Joe Mundy, Clayton County.
21
MR. TIDWELL: He has agreed to serve.
22
GOVERNOR BUSBEE: It's my understanding now that
23 for any vacancies that we have on article committees we have
24 a special committee to fill the vacancies, and we've not done
25 this, we just bring the entire Select Committee in, 80 I
PAGE 5
will entertain a motion that we fill the two vacancies.
2
A MEMBER: So moved.
3
GOVERNOR BUSBEE: It's moved Bob Knox and Joe Mundy
4 be appointed. Is there a second?
5
MR. MURPHY: Seconded.
6
GOVERNOR BUSBEE: Any discussion? Any other
7 nominations?
8
If not, all those in favor say aye;~.
9
(Ayes.)
10
GOVERNOR BUSBEE: All opposed.
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So moved. All right. Go ahead. MR. MURPHY: Mr. Governor, we have an article now that Charlie Hatcher is supposed to be on, he's running for
! 14 Congress, which is the taxation article, arid we really need
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nee~at ~ c.:
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on that thing.
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17 ::i I was talking to some of the committee the other day.
18
GOVERNOR BUSBEE: Let me ask you this. If there's
19 no objection -- I've forgotten, Mel might be able to tell us,
20 or Robin, Charlie or somebody -- there is a provision for 21 filling a vacancy, we don't have to wait until the Select 22 Committee meets again, do we?
23
MR. HARRIS: It's my understanding that the
24 concerted action of the Governor, Speaker and Lieutenant 25 Governor can fill a vacancy.
PAGE 6
MR. TIDWELL: The Attorney General and Chief 2 Justice.
3
GOVERNOR BUSBEE: Fine. We can do this by phone.
4
If it would.be suitable, how about checking with
5 Charlie to see what he wants to do, and let's address that.
6
MR. MURPHY: He voltmteered to resign as secretary
7 of Snow's committee where I could fill it with somebody else
8 where they could do the job, and it needs to be done.
9 Charlie would be very cooperative. That's an article that
10
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really needs the full committee. GOVERNOR BUSBEE: I doubt that much could be done,
Tom, between now and -- when's the election, August 5th, the primary?
MR. MURPHY: They met last Thursday. Have we got any more meetings set, Mel? They met last-Thursday.
MR. HILL: The full taxation article will be meeting in September.
18
MR. HARRIS: The full committee won't, but the
19 subcommittees will be meeting between now and August 1st.
20
MR. MURPHY: The subcommittee met on Thursday.
21
MR. HARRIS: We had a meeting of the full committee
22 and three subcommittee meetings following that.
23
GOVERNOR BUSBEE: Why don't you check wi th him and
24 call me, and we'll get the Attorney and the Chief Justice
25 and--
PAGE 7
MR. MURPHY: As far as I'm concerned, I would
2 authorize you to fill it myself.
3
GOVERNOR BUSBEE: We can do it by phone.
4
MR. MURPHY: It suits me for you to fill it.
5
I move we fill it.
6
GOVERNOR BUSBEE: All right. Any obj ect ion?
7
MR.. MURPHY: If Judge Meade will give us his vote,
8 he's got the authority of the rest of us.
9.
You've got all of our authority just to fill it.
10
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MR.. SNOW: Governor, on Article VI, as far as our membership is concerned, those that were officially designated members, we designated the dean of the law school of Mercer and Emory, and I would 1ike'very much to have the actual dean of those law schools as members of the committee.
Dean Morgan at Emory and - - I don't know, who is the new Dean at Mercer? Ever who it is, the position itself rather than the individual is what we had anticipated the
18 membership, and also the Fulton County Grand Jury Association
19 has agreed to resign from that. I would like to have them
c"
20 designate a member from that.
21
MR.. HILL: The only problem with that, Wayne,
22 though, is I had spoken to Charlie about this earlier and we
23 had thought it was the person for purposes of continuity, and
24 I only --
25
MR. SNOW: I think that was true subsequent to that
PAGE 8
appointment, but initially I was allowed to make the selectionl ,
2 and after that is when we started the new policy as I under-
3 stand it.
4
The intent was that it would not be the individual
5 initially, it was the position.
6
. MR. HILL: Except that
Well, that probably
7 happened initially. Ray Patterson, for example, was dean and
8 is no longer the dean, he thinks he's still working on this
9 committee, and it would be very difficult to just now tell
10 him he's no longer needed. He's with the law school, he's no
11
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longer the dean; he's professor of law at Emory.
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I'll do whatever you say. I think you should know that they have been told they hold their position as individuals based on whatever
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GOVERNOR BUSBEE: Let me add this, Mel. Patterson
18 is still professor of law there at the law school?
19
MR. HILL: Yes.
20
GOVERNOR BUSBEE: What about at Mercer?
21
MR. SNOW: We had an acting dean at Mercer, and
22 they have had a new dean appointed. He's out of state.
23
MR. HILL: I'll check into it. If he is out of
24 state and no longer here it won't create any problem, but
25 those that are in-state and still thinking that they're
,
PAGE 9
serving on the committee --
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2
GOVERNOR BUSBEE: I don't think YO+OUld have any
3 problem if the man is still there, has been working all this
4 time and is with the law school until they get a new dean.
5
MR. HARRIS: The new dean is coming here from
6 Illinois. He may not even be on the board yet.
,
7
A MEMBER: He has arrived. He is at EmOryr'
8
MR. TIDWELL: Wayne, your committee --
9
MR. SNOW: I didn't know what the intent was. That's
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MR. TIDWELL: You selected your own committee, and the Select Committee had nothing to do with that at that time.
Arthur appointed his, you appointed yours, and so it --
GOVERNOR BUSBEE: Let me ask the Select Committee, is there any objection Wayne calls the new dean at the Emory Law School and sees if he has any feeling about it, if he has
18 any objection to Patterson continuing, or what his desires
y
19 are, and then that he be authorized to make the appointment
20 of the representative from Emory, and also you call Mercer
21 and make an appointment from there.
22
MR. HOLLOWAY: I think you should have the power to
23 enlarge the committee if both of them wanted to serve.
24
MR. SNOW: I think it would be good since the dean
25 is from out of state and he isn't familiar with what we have
------------,-----
PAGE 10
been doing .
.'?.
2
GOVERNOR BUSBEE: Any objection to leaving that
;;:,1
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3 subject to the articles committee chairmen?
4
If not, then --
5
All right. Do you want to take up your next
6 subject?
7
MR. HARRIS: Mr. Chairman, I don't believe I need to
8 waste a whole lot of words on that. I believe everyone pretty
9 well knows what occurred.
10
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The effort sank in the last day or two of the session of 1980, possibly under the weight of the substantial number of amendments that were added, and particularly one that limited the size of the House to 120 and the size of the Senate to 40.
That pretty much is the icing on the cake, Therefore, nothing was done except that there will be on the ballot in November thirteen general amendments and 128 local
18 amendments to be considered in various jurisdictions by the
19 voters, which to me simply reinforces the need for some kind
20 of flexible document for Georgia to operate under,
21
MR. MURPHY: All I can say about that is that the
22 Lieutenant Governor now has exercised an awful lot of --
23
A MEMBER: Restraint.
24
MR. MURPHY: I wouldn't say restraint, something
25 that --
PAGE 11
GOVERNOR BUSBEE: On the recommended course for the
.,
"
,'.
2 Select Committee which the staff has prepared and Charlie is
:.:'.
3 passing out now, how do you want to proceed with it. Robin?
4
MR. HARRIS; Well, assuming that the Select
5 Committee feels that constitutional revision should go on.
6 it appears to us that there is a definite need in the
7 consideration of the constitution for the Governor, the
8 Lieutenant Governor and the Speaker to be active, .more active
9 as they can be in the pursuit of that activity in a regular
10 session. Just the duties of all three during a regular
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GOVERNOR BUSBEE: Let me interrupt you. I have spoken to the Speaker and the Lieutenant Governor several
14 ~ months ago about -- we're going to have to have a special I'" :r::
15 .:. session for reapportionment next year, either late summer
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16 zIII or fall of next year, and it was about going on and having
Q
17
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the call include a proposed constitution that we come up
18 with in the Select Committee after they complete all the
19 articles we go through here. Then we would have reapportion-
20 ment and this, and I think there would be a lot more time
21 for the legislature to concentrate on doing this.
22
Do you want to go through what the schedule will be?
23
MR. HARRIS: The
24
MR. MURPHY: Let me ask a question. Didn't we put
25 something on the ballot about this change, the way we could
PAGE 12
approve these articles this year?
....;...:~
2
MR. SNOW: We put it on there. It did not pass in
i',
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3 the Senate.
4
MR. MURPHY: The senate didn't pass it.
5
MR. SNOW: It was a germane problem, but it was
6 passed, the question was going to be raised to challenge the
7 germaneness of it is what you advised me of.
8
MR. HARRIS: The article committees on VI, VII, VIII
9 and IX we have asked to proceed with their work and report to
10 the Select Committee by December 1, 1980. Following that, it
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would
seem to me
the
Select
Committee would need to
recon-
~@r~ ~12 "" sider t~e original six articles, I, II, III, IV, V and X, to determine what form we would like those submitted in together
! 14 ... with the new Articles XI, VII, VIII and IX, package them all
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15 .:l up in a document, consider filing it in the 1981 General
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16 ...zIII Assembly not with any anticipation of activity, and then also
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17 ""III prior to the '81 session the Select Committee recommend a
18 joint resolution of the House and Senate creating a sort of a
19 super Select Committee, of expanding the number of members to
20 include sU8stantiaily all of the members of the Judiciary
21 Committees of the House and Senate or the legislative leaders
22 in both bodies, set up a series of public hearings in the
23 May, June, July time frame of '81, give the public an
24 opportunity to comment on the proposal, and try to arrive
25 prior to the special session at a consensus on a document
PAGE 13
that is acceptable to the public, to the legislative leaders,
2 and hopefully thresh out prior to the special session
3 differences that might exist in major areas so that when the
4 special session convenes there could be a strong consensus
5 from the public and from the legislative leaders of what the
6 document ought to contain, and thus lessen the time that would
7 have to be spent on it or avoid extending the special session
8 beyond the time it would take to do the reapportionment, the
9 thought then being that if through happenstance anything was
10 done at the '81 session that might need to be cured at the
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'82 session it would still be the '82 regular session to do
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12 ~ that curative work before the document went on the ballot in
( 8 ) r i the November '82 general election.
14 ~
GOVERNOR BUSBEE: I think the major thing they're
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recommending is that after we get through with the next
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17 ~ having the Select Committee we expand this into the
18 legislature and its judiciary committees where they can be
19 continually working and have this additional input before the
20 special session.
21
MR, HARRIS: The public input. That's the
22 recommendation.
23
MR. HOLLOWAY: They'll be working as a joint
24 committee?
25
GOVERNOR BUSBEE: That was kind of a general
PAGE 14
statement we made. Of course, we need to change the law
2 under which we're operating to include this if we could.
3 I don't know whether we need to or not.
4
MR. HARRIS: I was just thinking of a separate
5 joint resolution creating a committee --
6
GOVERNOR BUSBEE: Legislative.
7
MR. HARRIS:
and that being the only activity
8 that the Select Committee would promote in the 1981
9 legislature.
10
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MR. HOLLOWAY: Will this joint committee just be members of the legislature?
MR. HARRIS: It would not be my idea it would be just members of the legislature.
GOVERNOR BUSBEE: I think we have to have some continuity on what we're doing when we look at this legislative input. I really don't have any refined action.
MR. HOLLOWAY: Governor, we're going to have to get
18 two-thirds vote of both houses, and an equal membership joint
19 legislative group I think would be more effective than
20 stringing out a lot of votes that don't mean anything, if
21 we can get legislative agreement, because that's where it's
22 got to come, it's from the legislature by this time. It
23 would seem to me it would have a lot more impetus behind it
24 if the agreement was totally that of members of the
25 legis lature .
PAGE 15
MR. TIDWELL: AI, that's what that proposal in
2 front of you contemplates. The proposal contemplates a
3 legislative overview committee solely of legislative
4 members.
5
MR. HOLLOWAY: Hopefully the work of the task
6 force would have b~n approved by the Select Committee by
7 that time so in effect it really is ready for the legislature
8 and if the joint committee is made up of the legislature and
9 the members I think you would probably have an influence
10
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that would be detrimental. MR. MURPHY: I tend to differ with you just a little
bit, Senator. If we could have the Select Committee meet with a joint committee of the House and Senate and the Governor and with the Governor presiding we could come to some consensus there and I think we would probably have a better chance of passing it if we had the legislative, judicial and the executive branch, and we would have the
18 input of these people where they would know what they felt
19 like, I think you could come nearer passing it myself.
20
MR. SNOW: Otherwise it would be adversarial.
21
MR. MURPHY: Especially with the Governor presiding.
22
GOVERNOR BUSBEE: All this is very important. We
23 need some discussion from everybody on the Select Committee
24 because this is going to be tbecrux of the whole matter.
25
LT. GOVERNOR MILLER: I think the Speaker has got
PAGE 16
1. a good point. I think if we could take this group right
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4 that would pass through both houses --
5
GOVERNOR BUSBEE: Pass a joint resolution.
6
You would have how many members of the judiciary
7 of the House and Senate? Legislatively how many would you
8 have?
9
Of course, you already have some members here,
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MR. g{OW: About 35 in the Hous e . MR. HOLLOWAY: Are you talking about -- which judi comnittee now? MR. MURPHY: That would be up to you all as far as I'm concerned. Both of them if you want to. MR. SNOW: I think if you're going to have all
18 members of one, you ought to have both of them.
19
LT, GOVERNOR MILLER: I think you ought to have both
20 of them. That's the problem we got into in the Senate before,
21 I mean the trouble that we got into with the Senate before,
22 we had some of the special judi that wanted to do something
23 different than the way the judi wanted to.
24
MR. HOLLOWAY: We've got a very limited number on
25 those two committees anyway.
1
PAGE 17
LT. GOVERNOR MILLER: We're just talking about
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3
MR. UNDERCOFFER: I'm inclined to agree with the
4 Speaker and the Lieutenant Governor. You could have a
5 majority of the members from the House and Senate, if you
6 don't have some approval from the executive branch and the
7 judiciary branch, or if you do have approval I think it
8 enhances the chan~es of passing it.
9
MR. HOLLOWAY: I have no objections.
10
MR. MURPHY: Senator, whether it's the members of
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MR. HOLLOWAY: Let me ask you this in procedure. After it comes out of this committee, what does it do then,
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GOVERNOR BUSBEE: I think that you're talking about
18 now, we woul"d go on and introduce this in this next session
19 and, of course, we're not going to take action on it in the
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20 next session, but then that would give a starting document
21 for this committee to take up, then we would have a joint
22 resolution in the next session doing what we are talking
23 about doing.
24
MR. MURPHY: I would agree with the Senator, and I
25 would hope the Lieutenant Governor would do the same. I
PAGE 18
would request our judiciary committee to meet shortly after
2 we adjourn and start over this thing at which time I would
3 expect to meet with them where I might be able to explain
4 some of the things that this committee has done that might
5 differ from what Mr. Snow's feelings were because he and I
6 had quite some differences.
7
MR. SNOW: But you might come around by that time.
8
MR. HOLLOWAY: The document that we produce has to
9 officially go through both judi committees of House and
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ready at the time the special session, our people could be ready, we'll just get it to the floor right quickly and get it done, what I'm trying to say, and get the conference committee to get to where we can work out our differences in a reasonable frame of time. That's what I'm shooting for . I don't want to spend the summer up here in a special session
18 myself.
19
GOVERNOR BUSBEE: Just to put this in capsule where
20 we have a motion, I think the discussion is that we do two
21 things. One is we go on and prepare, that is the Select
22 Committee, a bill or resolution rather for submission to the
23 General Assembly with the idea that no action will be taken
24 on it. Then if we pass a joint resolution, the legislature
25 passes a joint resolution it would be for the Select
PAGE 19
Committee and both the judiciary committee of the House and
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3
MR. MURPHY: I don't think we really ought to have
4 all the committees, because if you start all his committee
5 and all my special judiciary committee you're talking about 6 54.
7
GOVERNOR BUSBEE: How many are we talking about?
8 That's wh~t I want to know.
9
MR. MURPHY: I'm talking about if you want fifteen
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the sense of the motion is we have equal representation of
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MR. HOLLOWAY: We already are represented on the
18 Select Committee more or less on that.
19
MR. MURPHY: I'm trying to keep it that way, the
20 best I can.
21
MR. HILL: Governor, would the Select Committee,
22 the present Select Committee then be dissolved?
23
GOVERNOR BUSBEE: The present Select Committee, the
24 life of it expires on June 30, '82.
25
The only things we'll get into on this agenda will
PAGE 20
have nothing to do with what we're talking about now, it
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4 so they might work until November, past the general election.
5
All right. Then do you want to make a motion that
6 this will be the procedure that we follow?
7
MR. MURPHY: I move.
8
LT. GOVERNOR MILLER: I second.
9
GOVERNOR BUSBEE: The motion is made and seconded.
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Any further discussion? If not, all those in favor say aye. (Ayes. ) GOVERNOR BUSBEE: All opposed. Robin, do you want to go on now with this? MR. HARRIS; That pretty much covers everything. GOVERNOR BUSBEE: I thought that you had in here
about the Select Committee, the life being continued beyond
18 June, but it's not necessary we take that up at this time.
19
MR. HARRIS; No, it's not.
20
I'm not anxious to extend the opportunity to
21 participate in this activity, Governor, but I know it's one
22 of the rewards I got for working in the campaign. I do
23 appreciate it.
24
(Laughter . )
25
MR. MURPHY; Are we through with all the business
PAGE 21
you've got on the agenda?
2
GOVERNOR BUSBEE: . Yes, sir.
3
MR. MURPHY: I want to ask you something else while
4 these people are here.
5
We have another item that is tremendously important
6 at this stage as far as I'm concerned, and that's the code
7 provision. It goes hand in glove with the constitutional
8 provision, and we spent a lot of money on that thing, and we
9 really need that, and I wanted the Select Committee to hear
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this, to add that to the special session call. I think we're going to speak at the Legislative
Service Committee -- the Code Revision Committee has already met on it, and it's not going to be any changes in the law, it's just getting those dead statutes out, but it's something that really ought to be introduced in the '80 session and acted on at the special session .
GOVERNOR BUSBEE: You mean '81 session?
18
MR. MURPHY: '81 session, and acted on at the
19 special session.
20
Do you agree with that, Mr. Snow?
21
MR. SNOW: Yes, sir. I don'tKlow if we could have
22 it ready to introduce in the '81 session.
23
MR. MURPHY: What we're running into, Governor,
24 we're running into a time frame that's going to cost us a
25 bunch of extra money to get the folks in the Mickey Mouse
PAGE 22
or whatever -- I always called it the Michi, they call it
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4 session, it shouldn't take a lot of time.
5
MR. SNOW: What we're up against, the bill itself
6 will be on everybody's desk will probably be about three feet
7 tall.
8
MR. MURPHY: What we're going to do is introduce it
9 and let everybody have a look at it where they can take it
10 home to their lawyers, their judges can look at and see the
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11 changes, and surely in the '81 session it should be ready just
to go through is what we're talking about.
MR. SNOW: Everybody will have it for several weeks.
GOVERNOR BUSBEE: I think that's an ideal way to
proceed.
MR, HOLLOWAY: I do too.
GOVERNOR BUSBEE: We've got a lot of money spent on
18 that, and that's one of the great needs we have.
19
MR. MURPHY: We can proceed on the theory you will
W put it in the call?
,21
GOVERNOR BUSBEE: Right.
,
22
MR. HOLLOWAY: Governor, have you given any thought
23 to the time of the special session?
24
MR. MURPHY: I made one request
25
MR. HOLLOWAY: I know we've got to worry about
PAGE 23
turnaround time with the AG's office, and has anybody done
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4 disapproved, because we've got to take our action in the '81
5 or '82 legislature.
6
MR. MURPHY: They've got ninety days, Senator, to
7 say yes or no to us is my understanding of the law.
8
GOVERNOR BUSBEE: That should not present any
9 problem, then, because I don't anticipate we'll be --
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it with the constitution.
18
GOYERNOR BUSBEE: Let's kind of leave that open.
19 We will confer more about all this in September, whatever
20 date it's going to be.
21
MR. MURPHY: Surely August or September, not any
22 later than that.
23
GOVERNOR BUSBEE: September is getting rather late.
24 I just want to leave that open if I may.
25
All right. I think we have made some progress.
PAGE 24
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2
MR. EDWARDS: One more item on the code revision.
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3 Mr. Snow and I have talked about this. As soon as you have
4 an opportunity we could get some sort of half-way firm date,
5 are we going to have to sign an:'extension on this contract
6 with Mickey Company? We would like to have some sort of date
7 in there if we could figure out whether it's going to be
8 August the 15th, September 1st. We had figured September 4th
9 to be the latest time.
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Of course, the main reason for the special session is reapportionment, these other things are secondary, but in any event sixty days we figure we can get these in the middle of August or the first part of September, whenever we have an opportunity we can get together and figure out some firm date so we can have it in this contract, the code revision.
GOVERNOR BUSBEE: I want to do this, I want to confer with you before we sign it because we've got a lot of
18 other things that have to be coordinated with that.
19
MR. HILL: Governor, should we proceed with
20 constitutional revision on'the assumption we're going to have
21 one document and not separate articles to be presented?
22
GOVERNOR BUSBEE: I think that's the bnly way we
23 can proceed. We're proceeding on one article is what we're
24 presuming, because this did not pass the Senate, what we had
25 proposed.
PAGE 25
MR. SNOW: As it is, the only alternative would be
2 tocvote on every each article separately, which there will be
3 a lot of other things that will be going into other articles
4 and transposed, so it would have te be one article.
5
GOVERNOR BUSBEE: Right.
6
Anything else?
7
MR. TIDWELL: Governor, I don't think you ever got
8 a vote on this entire proposal. I don't know whether one is
9 necessary. You've got an individual vote on the overview
10 committee, but is it the sense of the Select ~mmittee that
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can just adopt this entire report. We have covered most of
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MR. BOLTON: I move we approve it.
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GOVERNOR BUSBEE: The motion made is the recommended
18 course of action of the Select Committee follow the complete
19 constitutional revision project which consists of eleven
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20 things we have discussed be adopted .
21
Is there a second to the motion?
22
MR. MURPHY: With the revisions where we changed
23 the committee and all that sort of stuff?
24
GOVERNOR BUSBEE: I think it's completely consistent
25 with the prior motion.
PAGE 26
All right. Second?
2
MR. SNOW: Seconded.
3
GOVERNOR BUSBEE: The motion is made and seconded.
4 Is there any further discussion?
5
If not, all those in favor say aye.
6
(Ayes, )
7
GOVERNOR BUSBEE: All opposed.
8
All right. Anything else?
9
I thank all of you for being here.
10
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(Whereupon, at 10:40 a,m. the meeting was adjourned.
+++ ++ +
19
20
21
22
23
24
25
INDEX Committee Meetings Held on Constitutional Revision
Select Committee Meeting Held on June 30, 1980
SELECT COMMITTEE MEETING, 6-30-80
. (Pro cedural)