JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 12th, 1959 and adjourned February 20, 1959
1959 LONGING & PORTER, INC.
HAPEVILLE, GA.
OFFICERS
OF THE
STATE SENATE 1959-1960
GARLAND T. BYRD
PRESIDENT
......
TAYLOR COUNTY
Lieutenant Governor
ROBERT JORDAN ... ........... .............. President Pro Tern
TALBOT COUNTY
GEORGE D. STEWART..................................................... Secretary
FULTON COUNTY
LAMONT SMITH .................... Assistant Secretary
TATTNALL COUNTY
ERIC HOLMES ............................. Reading Clerk
DEKALB COUNTY
REBECCA CAUSEY ....................... Journal Clerk
DOUGLAS COUNTY
ANN DUNCAN... ........................................................Calendar Clerk
FULTON COUNTY
HENRY CASTLEMAN..................................................Doorkeeper
FULTON COUNTY
KELLEY QUILLIAN ................................................ ....Messenger
BARROW COUNTY
FRANK BLANKENSHIP ....................... ....Message Clerk
FULTON COUNTY
SENATE JOURNAL
REGULAR SESSION
Senate Chamber, Atlanta, Georgia, Monday, January 12, 1959.
The senators-elect of the General Assembly of Georgia for the year 1959-1960 met pursuant to law in the Senate Chamber at 10 o'clock this day and were called to order by Honorable George D. Stewart, secretary of the Senate.
The invocation was offered by Rev. Monroe Swilley, Jr., pastor Second Ponce de Leon Baptist Church, Atlanta, Ga.
The following communication from the Honorable Ben W. Fortson, Secretary of State, certifying the senators-elect in the general election of 1958, was received and read:
DEPARTMENT OP STATE Ben W. Portson, Jr. Secretary of State Atlanta 3, Georgia January 12, 1959
Honorable George D. Stewart Secretary of the Senate State Capitol Atlanta, Georgia
Dear Sir:
I am transmitting herewith the names of the Senators elected in the general election held November 4, 1958, to represent the various Districts in the General Assembly for the years 1959 and 1960, as the same appear from the consolidation of returns of said election which are of file in this office.
Yours very truly,
Ben W. Portson, Jr., Secretary of State
BWP-ls enclosures (Seal).
District
1st 2nd 3rd
SENATORS GENERAL ASSEMBLY ELECTED IN THE GENERAL ELECTION NOVEMBER 4, 1958
Counties
Name
EFFINGHAM, Chatham._..___.__..__.._.__-__.__.____.....H. N. Ramsey, Sr.
LIBERTY, Bryan, McIntosh........_..-..______._______.Carl R. Dykes
LONG, Brantley, Wayne.-
Tyron Shaw
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JOURNAL OF THE SENATE,
District
4th 5th 6th 7th 8th 9th 10th llth 12th 13th 14th 15th 16th 17th 18th 19th 20th 21st 22nd 23rd 24th 25th 26th 27th 28th 29th 30th 31st 32nd 33rd 34th
35th 36th 37th 38th 39th 40th 41st 42nd 43rd 44th 45th 46th 47th 48th 49th 50th 51st 52nd 53rd 54th
Counties
Name
CAMDEN, Charlton, Glynn __..................__..____.___.Charles C. Smith
CLINCH, Ware, Atkinson ________.____.__._.__._ .........Wallace L. Jernigan
LANIBR, Echols, Lowndes ...__....___.__._.._...._______ John W. Greer
MITCHELL, Thomas, Grady ...------.... Robert Culpepper, Jr.
MILLER, Decatur, Seminole _________________________ Broughton C. Hays
BAKER, Calhoun, Early ..._________...................____..Mack C. Screws
WORTH, Lee, Dougherty-.._-....__._______.___..__-.....__W. J. Crowe
CLAY, Randolph, Terrell _________........,,___..__....___ _V. E. Lindsey
WEBSTER, Quitman, Stewart ________________________ W. E. Drew
SUMTER, Macon, Schley ____________________________ Sherrard Home
PULASKI, Bleckley, Dooly...----_..----...________ R. L. Slade, Jr.
TOOMBS, Montgomery, Wheeler.------------ James F. Darby
EMANUEL, Laurens, Treutlen _.._._._______._____..._ Henry C. Edenfield
BURKE, Jenkins, Screven --------_......__ T. Watson Mobley
RICHMOND, Glascock, Jefferson _______-__...___._ Carl E. Sanders
GREENE, Warren, Taliaferro _____________ Alien P. Roper
WASHINGTON, Baldwin, Hancock ................. Joe N. Lanier
WILKINSON, Johnson, Jones____._______________________ A. T. Land
LAMAR, Monroe, Butts ________________....................._Joe B. Adams
TAYLOR, Crawford, Peach..._..__._______.._.____..______R. C. Brooks
MARION, Muscogee, Chattahoochee _______________ Eldridge Wells Perry
TALBOT, Harris, Upson ____________________________________ Robert H. Jordan
FAYETTE, Spalding, Clayton_----__.._.--------Harry H. Redwine
OCONEE, Jackson, Barrow.----.________________________ William H. Breedlove
PUTNAM, Morgan, Jasper.----_._..____----________ Asa M. Marshall, Jr.
McDUFFIE, Columbia, Lincoln----------------H. Eulond Clary
HART, Madison, Elbert _--------------------______Joseph S. Skelton
FRANKLIN, Stephens, Habersham____--------__ Parker Purcell
WHITE, Lumpkin, Dawson ______________________________ Clarence E. Barrett, St.
BANKS, Hall, Forsyth ----------------
._ R. J. Marshburn
ROCKDALE, DeKalb, Gwinnett_____________________ Clarence R. Vaughn, Jr.
NEWTON, Walton, Henry____________________.__.....____..C. O. Nixon
PIKE, Coweta, Meriwether___._____________________________Rev. C. P. Watson -
HEARD, Carroll, Troup --------...___----___._______ Frank L. Gearreld
POLK, Paulding, Haralson ._...__..__...................... Dr. D. M. Livingston
CHEROKEE, Douglas, Cobb______________..____________..Thomas A. Roach
RABUN, Towns, Union ___.__...........___..... __.R. E. Cannon
FANNIN, Gilmer, Pickens....____..._..-...__..__...-....__C. W. Kiker, Sr.
FLO YD, Bartow, Chattooga________________________________ Barry Wright, Jr.
MURRAY, Whitfield, Gordon ___________________________ Chas. A. Pannell
CATOOSA, Dade, Walker ..._.--------.----___._. John B. Buff, Jr.-
TELFAIR, Irwin, Ben Hill________________________________Walter W. Barrett
COFFEE, Pierce, Bacon.--------------------.Noah Holton, Sr.
TURNER, Colquitt, Tif t --------------. . T. E. Kennedy, Jr.
WILCOX, Crisp, Dodge __.________._______.__._____...........Norman B. Doster
CANDLER, Evans, Bulloch________________________________ Russell J. Mercer
WILKES, Oglethorpe, Clarke ........................... Sam P. McGill
BIBB, Twiggs, Houston.-------------------------J. Douglas Carlisle
FULTON...__ __..._------ ........_......_. Charlie Brown
COOK, Brooks, Barrien --...._--------.___E. M. Lindsey
APPLING, Jeff Davis, Tattnall __...... Dr. J. T. Holt
The Senators- elect presented themselves at the rostrum as their names were called and Honorable J. M. C. Townsend and Honorable H. E. Nichols, Judges of the Court of Appeals, administered to them the oath of office.
MONDAY, JANUARY 12, 1959
7
The secretary announced that the next order of business was the election of the president pro tempore. Senator Perry of the 24th nominated Senator Robert Jordan of the 25th and the nomination was seconded by Senators Redwine of the 26th and Adams of the 22nd.
Senator Sanders of the 18th moved that the nomination be closed and that the secretary of the Senate cast the vote of the entire body for Senator Jordan.
The motion prevailed and the secretary announced Senator Jordan duly elected president pro tempore.
The secretary appointed as a committee to escort the president pro tempore to the rostrum the following:
Senators Ramsey of the 1st, Jernigan of the 5th, Greer of the 6th, Edenfield of the 16th and Breedlove of the 27th.
Upon being presented to the Senate by the secretary, the president pro tempore addressed the members in appreciation of his election as president pro tempore.
The president pro tempore announced that the next order of business was the election of the secretary of the Senate.
Senator John Greer of the 6th nominated Honorable George D. Stewart of Fulton County. The nomination was seconded by Senator Pannell of the 43rd, and upon motion of Senator Sanders of the 18th the nominations were closed.
Senator Sanders of the 18th moved that the president pro tempore cast the vote of the entire body for Honorable George D. Stewart.
The motion prevailed and the president pro tempore announced Mr. Stewart duly elected secretary of the Senate.
The president pro tempore appointed as a committee to escort the secretaryelect to his desk the following:
Senators Home of the 13th, Roper of the 19th, Breedlove of the 27th, Kennedy of the 47th and Brown of the 52nd.
Mr. Stewart was administered the oath of office by the president pro tem pore.
Upon being presented to the members of the Senate by the president pro tempore, the secretary addressed the Senate, expressing his appreciation of the honor conferred upon him.
The president pro tempore announced that the next order of business was the election of a messenger.
Senator Sanders of the 18th nominated Honorable Kelly Quillian of Barrow County, and the nomination was seconded by Senator Vaughn of the 34th.
8
JOURNAL OP THE SENATE,
Senator Sanders of the 18th moved that the nominations be closed and that the president pro tempore instruct the secretary to cast the entire vote of the membership for Mr. Quillian as messenger. The motion prevailed and the president pro tempore declared Mr. Quillian duly elected as messenger by unanimous vote of the Senate.
The president pro tempore appointed as a committee to escort Mr. Quillian to the rostrum the following:
Senators Perry of the 24th, Brooks of the 23rd, Edenfield of the 16th, Barrett of the 45th and McGill of the 50th.
Upon being presented to the Senate by the president pro tempore, Mr. Quil lian responded with expression of appreciation for the honor he received.
The president pro tempore announced that the next order of business was the election of a doorkeeper.
Senator Brown of the 52nd nominated Honorable Henry Castleman of Fulton County and the nomination was seconded by Senator Carlisle of the 51st.
Senator Sanders of the 18th moved that the Senate secretary be instructed to cast the entire ballot of the Senate for Mr. Castleman as doorkeeper. The motion prevailed and the president pro tempore declared Mr. Castleman door keeper by unanimous vote of the Senate.
The president pro tempore appointed as a committee to escort Mr. Castleman to the rostrum the following:
Senators Clary of the 29th, Marshall of the 28th, Carlisle of the 51st, Mobley of the 17th and Skelton of the 30th.
The president pro tempore presented Mr. Castleman to the Senate and he responded with expression of appreciation for the honor he received.
The following resolutions were read and adopted:
SR 1. By Senator Sanders of the 18th:
Be it resolved by the Senate of the State of Georgia that the rules adopted in the 1957-1958 session of the Georgia Senate be adopted as the rules of the 1959-1960 session of the Senate of the State of Georgia.
SR 2. By Senator Sanders of the 18th:
Be it resolved by the Senate that the secretary of the Senate be in structed to notify the House that the Senate has organized, with the election of Honorable Robert Jordan of the 25th as president pro tempore and Honorable George D. Stewart of the County of Fulton as secretary, and is ready for the transaction of business.
SR 3. By Senator Sanders of the 18th:
Be it resolved by the Senate of the State of Georgia that a committee of three members from the House and two members from the Senate
MONDAY, JANUARY 12, 1959
9
be appointed to notify His Excellency, the Governor, that the General Assembly has convened and organized in regular session and is ready for the transaction of business.
The president pro tempore appointed as a committee the following: Senators Kennedy of the 47th and Buff of the 44th.
SR 4. By Senator Sanders of the 18th:
A resolution that the Senate and the House meet in joint session in the Hall of the House of Representatives on January 13, 1959 at 10:00 a.m. for the purpose of canvassing and publishing the election returns and declaring the results thereof for the Governor, Lieutenant Gov ernor and all other State House officers; that the speaker of the House appoint 3 tellers and the President of the Senate appoint 2 tellers for canvassing the votes.
The president pro tempore appointed as a committee the following:
Senators Vaughn of the 34th and Greer of the 6th.
SR 5. By Senator Sanders of the 18th:
Be it resolved by the Senate that a joint committee of 7 members of the House and 4 members of the Senate be appointed to confer with the present Governor and Lieutenant-Governor and the Governor-Elect and the Lieutenant-Governor-Elect and organize and arrange for the inauguration for Governor-Elect Vandiver and Lieutenant-GovernorElect Garland Byrd.
The president appointed as a committee the following:
Senators Land of the 21st, Nixon of the 35th, Marshburn of the 33rd and Darby of the 15th.
SR 6. By Senator Sanders of the 18th:
Be it resolved by the Senate that a joint committee of 5 members of the House and 3 members of the Senate be appointed to escort the incoming and retiring Governor and the Lieutenant-Governor to the scene of the joint session of the Assembly for the purpose of in augurating the Governor and Lieutenant-Governor.
The president pro tempore appointed as a committee the following: Senators Jordan of the 25th, Sanders of the 18th and Brooks of the 23rd.
SR 7. By Senator Sanders of the 18th:
Be it resolved by the Senate of the State of Georgia, the House con curring, that the Senate and House meet in joint session for the purpose of inaugurating the Governor-Elect and Lieutenant-Governor-Elect on this the 13th day of January, 1959.
The following resolutions were introduced, read the first time, and referred to committees:
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JOURNAL OP THE SENATE,
SR 8. By Senators Sanders of the 18th and Jordan of the 25th: A resolution to amend Senate Rule 134; and for other purposes.
Referred to Committee on Rules.
SR 9. By Senators Sanders of the 18th and Jordan of the 25th: A resolution creating the Government Operations Committee; and for other purposes.
Referred to Committee on Rules.
SR 10. By Senators Sanders of the 18th and Jordan of the 25th: A resolution to amend Senate Rule 15; and for other purposes.
Referred to Committee on Rules.
The following message was received from the House through Mr. Ellard the Clerk thereof: Mr. President:
The House has adopted by the requisite constitutional majority the following resolutions of the House to wit:
HR 1. By Mr. Twitty of Mitchell:
A resolution by the House of Representatives that the clerk of the House be instructed to notify the Senate that the House has organized by the election of Honorable George L. Smith, II, of Emanuel County, as speaker, and Glenn W. Ellard as clerk, and is now ready for the transaction of business.
HR 2. By Mr. Twitty of Mitchell:
A resolution by the House of Representatives, the Senate concurring, that a committee of five, three to be named by the speaker of the House, and two by the president of the Senate, be appointed to notify his Excellency, the Governor, that the General Assembly has convened in regular session and is ready for the transaction of business.
The speaker has named on the part of the House: Messrs. Ellis of Henry, Fowler of Treutlen and Hill of Meriwether.
HR 5. By Mr. Twitty of Mitchell:
A resolution providing for a joint session of the House and Senate in the Hall of the House at 10:00 A.M. on January 13, 1959 for the purpose of canvassing and publishing the election returns and for the appoint ment of tellers on the part of the House and Senate.
The speaker has appointed as tellers on the part of the House the following members of the House, to wit: Messrs. Jones of Worth, Busbee of Dougherty, Caldwell of Upson.
MONDAY, JANUARY 12, 1959
11
HR 6. By Mr. Twitty of Mitchell:
A resolution that a joint committee of the House and Senate be ap pointed to confer with the present Governor and Lieutenant Governor, and with the Governor-elect and the Lieutenant Governor-elect, to arrange for the inauguration of the Governor-elect, Ernest Vandiver, and the Lieutenant Governor-elect, Garland T. Byrd.
The speaker has appointed as a committee on the part of the House the following members of the House, to-wit: Messrs. Duncan of Carroll, Campbell of Walker, Rogers of Heard, Lovett of Laurens, Odom of Dougherty, Andrews of Hall, Matthews of Colquitt:
HR 8. By Mr. Twitty of Mitchell:
A resolution providing for a joint session of the House and Senate for the purpose of inaugurating the governor-elect and lieutenant-governorelect.
HR 7. By Mr. Twitty of Mitchell:
A resolution that a joint committee of the House and Senate be ap pointed to escort the incoming and retiring Governor, and the Lieutenant Governor, to the scene of the joint session of the General Assembly for the purpose of inaugurating the Governor and Lieutenant Governor.
The speaker has appointed as a committee on the part of the House the following members of the House, to-wit:
Messrs. Twitty of Mitchell, Ray of Warren, Trotter of Troup, Hollis of Muscogee, Barber of Jackson.
The following resolutions were read and adopted:
HR 1. By Mr. Twitty of Mitchell:
A resolution by the House of Representatives that the clerk of the House be instructed to notify the Senate that the House has organized by the election of Honorable George L. Smith II, of Emanuel County, as speaker, and Glenn W. Ellard as clerk, and is now ready for the transaction of business.
HR 2. By Mr. Twitty of Mitchell:
A resolution by the House of Representatives, the Senate concurrring, that a committee of five, three to be named by the speaker of the House, and two by the president of the Senate, be appointed to notify His Excellency, the Governor, that the General Assembly has convened in regular session and is ready for the transaction of business.
HR 5. By Mr. Twitty of Mitchell:
A resolution providing for a joint session of the House and Senate in the Hall of the House at 10:00 a.m. on January 13, 1959 for the purpose of canvassing and publishing the election returns and for the appoint ment of tellers on the part of the House and Senate.
12
JOURNAL OF THE SENATE,
HR 6. By Mr. Twitty of Mitchell:
A resolution that a joint committeee of the House and Senate be appointed to confer with the present Governor and Lieutenant Governor, and with the Governor-elect and the Lieutenant-Governor-elect, to arrange for the inauguration of the Governor-elect Ernest Vandiver, and the Lieutenant Governor-elect, Garland T. Byrd.
HR 7. By Mr. Twitty of Mitchell:
A resolution that a joint committee of the House and Senate be ap pointed to escort the incoming and retiring Governor, and the Lieuten ant Governor, to the scene of the joint session of the General Assembly for the purpose of inaugurating the Governor and Lieutenant Governor.
HR 8. By Mr. Twitty of Mitchell:
A resolution providing for a joint session of the House and Senate for the purpose of inaugurating the governor-elect and lieutenant-governorelect.
Senator Ramsey of the 1st District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bills and/or resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for trans mission to the House:
SR 2.
SR 3.
SR 4.
SR 5.
SR 6.
SR 7.
Respectfully submitted,
Ramsey of the 1st District,
Chairman.
Senator Sanders of the 18th asked unanimous consent that the senators claim the seats as presently occupied for the entire session and the consent was granted.
Senator Sanders of the 18th moved that the Senate do now adjourn, and the motion prevailed.
The president pro tempore announced the Senate adjourned until 10 o'clock tomorrow morning.
TUESDAY, JANUARY 13, 1959
13
Senate Chamber, Atlanta, Georgia, Tuesday, January 13, 1959.
The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the president.
Scripture reading and prayer was offered by the chaplain, Rev. Earl H. Dunn, Butler Baptist Church, Butler, Georgia.
By unanimous consent the call of the roll was dispensed with.
Senator Ramsey of the 1st reported that the journal of yesterday's pro ceedings had been examined and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
The president pro tempore named the following senators as a committee of escort to escort the Lieutenant-Governor to the Senate rostrum at the con clusion of the inaugural ceremony:
Senators Dykes of the 2nd, Screws of the 9th, Smith of the 4th, Kiker of the 41st, Nixon of the 35th and Wright of the 42nd.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted the following resolutions of the Senate to wit:
SR 3. By Senator Sanders of the 18th:
A resolution to notify His Excellency, the Governor, that the General Assembly has convened and organized in regular session and is ready for the transaction of business.
The speaker has appointed as a committee, on the part of the House, the following members of the House, to-wit:
Messrs. Ellis of Henry, Fowler of Treutlen and Hill of Meriwether.
SR 4. By Senator Sanders of the 18th:
A resolution calling for a joint session for the purpose of canvassing and publishing the election returns and appointing Tellers, and for other purposes.
The Speaker has appointed as Tellers, on the part of the House the follow ing members of the House, to-wit:
Messrs. Jones of Worth, Busbee of Dougherty and Caldwell of Upson.
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JOURNAL OF THE SENATE,
SR 5. By Senator Sanders of the 18th:
A resolution calling for a joint session for the purpose of inaugurating the Governor-Elect and Lieutenant Governor-Elect, on the 13 day of January, 1959.
SR 6. By Senator Sanders of the 18th:
A resolution authorizing a Joint Committee to escort the incoming and retiring Governor and the Lieutenant-Governor, to the scene of
the Joint Session of the Assembly for the purpose of Inaugurating the Governor and Lieutenant-Governor. The Speaker has appointed as a committee of escort, on the part of the House, the following members of the House, to-wit:
Messrs. Twitty of Mitchell, Ray of Warren Trotter of Troup, Hollis of Muscogee and Barber of Jackson.
SR 7. By Senator Sanders of the 18th:
A resolution authorizing a joint committee to confer with the present Governor and Lieutenant-Governor and the Governor-elect and the Lieutenant-Governor-elect and organize to arrange for the Inauguration, and for other purposes.
The Speaker has appointed as a joint committee, on the part of the House, the following members of the House, to-wit:
Messrs. Duncan of Carroll, Campbell of Walker, Rogers of Heard, Lovett of Laurens, Odom of Dougherty, Andrews of Hall and Matthews of Colquitt.
The hour of convening the joint session of the Senate and House, under the provisions of SR 4, having arrived, the president, accompanied by the secre tary and the senators, proceeded to the hall of the House of Representatives, and the joint session, called for the purpose of canvassing and publishing the election returns, was called to order by Honorable George Smith, Speaker of the House of Representatives.
The resolution convening the joint session was read by the secretary:
The following report was read by the secretary:
TO THE GENERAL ASSEMBLY OF GEORGIA, IN JOINT SES SION:
We, the tellers, appointed to canvass the votes for Governor, Lieutenant Governor, and other State House officers, as required by the Constitution, beg leave to submit the following report:
FOR GOVERNOR
S. Ernest Vandiver .-.__.-.-.-.-_.____...._.._.._.._...._._._.._......._.168,514 Miscellaneous write-in votes --_----__________________,,________________ 83
FOR LIEUTENANT GOVERNOR
Garland T. Byrd -___..__._,,._._._._._.....,,__,,._.___-163,034
Miscellaneous write-in votes ...._._.,,,,...._.._._.__._.__..__..
5
TUESDAY, JANUARY 13, 1959
15
FOR SECRETARY OF STATE
Ben W. Fortson, Jr. _______-__._-_...____-____-___________.-_____-_..________._. 159,914
Miscellaneous write-in votes __,,,,._______________ ________________________
4
FOR COMPTROLLER GENERAL
Zack D. Cravey .---_,,,,----....-......--......._...-_._-__..........155,913 Miscellaneous write-in votes ____-_--_--___-_,,-__---__._____--__ 156
FOR ATTORNEY GENERAL
Eugene Cook ___________________________________.___.__________-______._____.156,530
Miscellaneous write-in votes --_____----_________,,_----,,_----_--
7
FOR STATE TREASURER
George B. Hamilton ___________.______.______.________.___.______.___._______.____-159,693
Miscellaneous write-in votes -_______________________,,_---__________--
1
FOR STATE SUPERINTENDENT OF SCHOOLS Claude Purcell ___-__..-^_.________..___.___.__-_______-_.-_.______________________.__158,164
FOR COMMISSIONER OF AGRICULTURE
Phil Campbell _._..-.......____..-.._._......___........____-...._....._._.-..158)422 Miscellaneous write-in votes ________________________________________ 4
FOR COMMISSIONER OF LABOR Ben T. Huiet _.______--_______._____-___________..________________-_._-_____._______.158,628
FOR PUBLIC SERVICE COMMISSIONER Alien Chappell -.-....._..___..............____....._.___-_-_....__________....154,947
FOR PUBLIC SERVICE COMMISSIONER
(Unexpired term of James A. Perry) Ben T. Wiggins ..__________.________________________________.__________155,356
FOR PUBLIC SERVICE COMMISSIONER
Walter R. McDonald _____________________.________.____._____._..____155,804
Miscellaneous write-in votes _______,,______-_.____,,,,__._--_____________
1
We recommend the candidates above named, who have received a majority of the votes be and they are hereby declared elected to their respective offices.
This 13th day of January, 1959.
Respectfully submitted:
ON THE PART OF THE SENATE: Greer of the 6th Vaughn of the 34th
ON THE PART OF THE HOUSE: Caldwell of Upson Busbee of Dougherty Jones of Worth
The report of the tellers was adopted.
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JOURNAL OF THE SENATE,
Mr. Twitty of Mitchell moved that the joint session be dissolved and the motion prevailed.
The speaker announced the joint session dissolved and the senators re turned to the Senate Chamber.
The hour of convening the joint session, under the provisions of SR 5, having arrived, the president, accompanied by the secretary and the senators, proceeded to the Washington Street entrance of the Capitol, where the joint session, called for the purpose of inaugurating Governor-Elect Ernest Vandiver and Lieutenant-Governor-Elect Garland Byrd, was called to order by Honorable George Smith, Speaker of the House of Representatives.
The resolution authorizing the joint session of the Senate and the House was read by the Secretary of the Senate.
The inaugural program was as follows:
Band Selections ._................_______________.....Georgia Air National Guard Band
Invocation ___.______________________________________________________________Rev. Henry E. Russell
Recognition __________________ of State House Officers and Distinguished Guests
Presentation __________________ of Honorable Marvin Griffin, Outgoing Governor and other Distinguished Guests
Delivery of Great Seal of Georgia to Governor ___________ Honorable Ben W. Fortson, Secretary of State
12:00 Noon
Administration of Oath of Office to Governor Elect--... Honorable Carlton Mobley, Associate Justice, Supreme Court
Delivery of Great Seal of Georgia to Secretary of State _--.___.--Governor Ernest Vandiver
His Excellency, Honorable Ernest Vandiver, Governor of Georgia, ad dressed the General Assembly as follows:
GOVERNOR GRIFFIN, LIEUTENANT-GOVERNOR BYRD, SPEAKER SMITH, MEMBERS OF THE GENERAL ASSEMBLY, STATE OFFICIALS, DIS TINGUISHED GUESTS AND MY FELLOW GEORGIANS:
The oath, just administered to me, places the mantel of responsibility squarely upon my shoulders for the next four years. You may be assured that I shall not wear it lightly. I shall constantly bear in mind that you have be stowed upon me the highest honor which you can give to any citizen of this State.
It is with tremendous pride, that I reflect upon the fact that you gave me the greatest majority ever accorded a candidate for governor in a contested election during this century. But, it is also in a spirit of deep humility, that I accept the fact that you have placed upon me a corresponding responsibility by supporting me in such large measure.
TUESDAY, JANUARY 13, 1959
17
To the nearly one-half million citizens who expressed their confidence in me, I shall ever be grateful. By your overwhelming support you have thrown to me the torch of leadership, in this most critical period. That torch I consider to be the greatest challenge of my life. By the same token, I feel that every citizen of Georgia should accept this time in our history as a challenge to do his very best no matter what lies ahead.
At this very hour, we are assembled here to inaugurate an administration which can herald a dynamic new era in the government of this State.
The principles upon which I asked you to elevate me to the Governorship and which will guide my administration are:
(1) Economy
(2) Reform
(3) Reorganization
(4) Integrity, and,
(5) Preservation of our way of life.
These will stand as the very cornerstone of the Vandiver Administration.
Together they represent a foundation upon which a great administration can be built.
It is a foundation around which people of all persuasions can rally.
Laying these stones, one by one, we can construct here a mighty fortress, from which we can defend ourselves against the dark abyss of doubt, uncertainty and discord, and move forward into an era of peace, progress and prosperity.
Let me assure you that my chief ambition is to serve as governor of all the people. No special group will be shown any favoritism. All for one and one for all should be the slogan for our people to meet the tests that are to come in the perilous days of the future.
As this administration begins let me assure you that I harbour no malice toward any one. We have no enemies to punish nor special friends to reward. Our goal is to give the people that kind of government in which they can place full confidence and reliance at all times.
On Thursday of this week, I will address the General Assembly in joint session at 12:00 o'clock noon. I will, at that time, list in detail the legislative program of this administration, and I will make my recommendations for legis lation to be enacted at this session. Today, I shall discuss with you the broad principles which will determine the future conduct of my administration.
ERA OP CRISIS
My friends, as we formulate our policies for tomorrow, we cannot over look the powerful forces in constant movement throughout the world--freedom versus dictatorship. We cannot insulate ourselves from the effects of these everchanging tides among men and nations.
While Communistic, atheistic Russia makes dramatic and important scien tific advances of immense military and long-range significance, we lag behind. It is the tragedy of the ages that our leaders in Washington waste their precious time punishing the South with a second reconstruction.
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JOURNAL OF THE SENATE,
As the 86th Congress of the United States begins its Session there is a dangerous current of opposition to the South and Southern affairs flowing through that Body. We must steel ourselves to fight with all possible strength the many assaults that certain to be waged against us.
We must unite in giving full backing to the courageous members of the Georgia Delegation in the House and Senate. These leaders are ready to do battle to the limit to preserve our rights and they are entitled to the full support of our citizenship.
Today, Georgia faces an era of crisis that is without parallel.
The dangers that confront us come from within and from without the borders of our State.
From without, the states are being subjected to ever-increasing federal pressures.
These pressures come in several forms.
They are embodied in:
Federal deficit spending with resultant inflation . . .
Oppressive civil rights legislation . . .
Federal court decrees attempting to wrest authority from State and local governments . . .
The prospect of new federal taxation . . .
Further usurpation of State and local tax sources . . .
And in variuos other ways which cause all Americans grave concern . . .
With full knowledge of these things, and keeping them constantly in mind, we must lay our plans to maintain the sovereignty of the State of Georgia, and to prepare it to withstand the attacks of our enemies who are poised to strike up again and again.
The administration we are inaugurating today is sworn to uphold the funda mental principle that the true barriers protecting our liberties are the stale governments.
Their powers and prerogatives must be preserved at all costs.
I will work along with governors of sister states who are interested in join ing on this common ground and working together to save our form of govern ment and to maintain the precious rights and liberties it affords.
During the trying days, months and years that lie ahead, I am comforted by the strong moral fiber of our people and in the sure knowledge that they possess an indomitable spirit.
I know that they have an inner strength which will help to chart our course through an uncertain future.
We stand ready always, you and I, to make any and every sacrifice that is necessary to preserve the honor and integrity of our great commonwealth.
If any foreign power threatens the security of our beloved country, Georgians as they have done in every crisis that has faced this Nation throughout its his tory, are ready to perform whatever tasks are necessary.
TUESDAY, JANUARY 13, 1959
19
STATE FISCAL AFFAIRS
It is certain now, as never before, that our very survival as a sovereign state depends to a great extent upon whether we pursue wise and effective fiscal policies, and whether they are properly and soundly administered.
Particularly unfortunate is the fact that in a time of high taxes, in a time of high State income, in a time of lush authority spending and in a time when the State was flush with money that none of the surplus was laid aside as a measure of prudence and safety.
When the General Assembly met last January, the surplus in the State Treasury stood at its peak! ....__-._....._-........._._.........__..........._.....___......$35,183,150.02.
In the last few months, yes, in the last few days, this surplus has dwindled and dwindled until it is down to a bare $2,600,000.00 at the present time.
The State surplus is at the lowest it has been in 12 years, according to the State Auditor.
The State's cash balance, according to published reports of an address made recently by the State Treasurer, is lower than at any time since he took office 26 years ago.
Current State spending is at the rate of $340 millions of dollars annually.
But income into the State Treasurery is far less than that.
The income of the State during the last fiscal year was only $318 millions of dollars.
That means deficit spending in the amount of $22 million dollars.
It is obvious, then, that the State cannot continue this rate of spending under the present revenue structure.
To meet this emergency, we have no choice other than to institute drastic economies.
The Vandiver administration will dedicate its every effort toward carrying essential state services forward, within the limitation of available revenues.
We will utilize what funds are available to accomplish the greatest good for the greatest number of our people.
Let me assure the old people of this State, our dependent children, our totally disabled, our blind, those receiving care and treatment at our state institutions, our school teachers and our educators, that their needs will always be uppermost in my mind.
The time is now at hand to practice old-fashioned economy.
REORGANIZATION
From this hour until my public service is concluded, it is my firm determina tion, to give to the people of this State, the maximum value in goods and services for every tax dollar spent.
Our goal - - - an honest dollar's value for a dollar honestly spent.
To accomplish it, a thorough reorganization of the state government is mandatory.
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JOURNAL OF THE SENATE,
The incoming administration and the incoming General Assembly, have an overwhelming directive from the pepole to set the Statehouse in order.
If any department head, or any agency chief in the State government, feels he cannot economize to obtain greater efficiency, then my suggestion to him is to stand aside and give someone else a chance to get the job done.
HONESTY IN GOVERNMENT
I am placing every official and employee on notice, here and now, that I am expecting them, in the Vandiver Administration, to conduct themselves as public officials, and to conduct the people's business as the public business at all times.
I am proud and grateful that men of integrity, experience and ability, have consented to serve in posts of responsibility in my administration, and to help me in setting a standard of conduct, worthy of the trust and confidence of the people of Georgia.
Every official act of the State Government during my administration will be carried out openly and in full view of the people and of the press of this State.
Yes, only through a government that seeks the right, to the end that justice may be done, can our people long endure, or, effectively preserve the Georgia way of life.
The laws of Georgia are no respecter of persons.
They apply equally to the public official and to the private citizen.
They will be enforced equally and impartially, without fear or favor, during my administration.
The highest official can expect no sanctuary in the Governor's Office if he flouts the law.
Let me assure you, that I will hold personally responsible the heads of the various departments and divisions appointed by me for the faithful discharge of their duties.
If any one of them violates his trust and responsibilty to the people, I will remove him from office immediately.
It has been handed down in every Constitution of the State of Georgia, yes, it has been written in the blood and sweat and tears of our fathers, that, and I quote,
"All government of right originates with the people, is founded on their will only, and is instituted solely for the good of the whole. Public officers are the trustees and servants of the people, and at all times amenable to them".
That is what the Constitution of Georgia says.
I shall follow the Constitution of Georgia.
It will be the policy of my administration, from its first day until its last.
RESTORE ASSEMBLY POWER
The Vandiver administration and the General Assembly have some difficult problems to meet in the next two-year period.
TUESDAY, JANUARY 13, 1959
21
This General Assembly and I will labor together in a great partnership for the benefit of all Georgians.
Let me assert my firm belief that--
The delicate system of checks and balances afforded under our form of government should be protected at all times.
Let me say further that--
No one branch of the state government should be allowed to subordinate any other branch.
During my service as Governor the Constitutional powers and prerogatives of the people's elected representatives in the General Assembly will be restored and will be respected.
While I would resist vigorously any movement or proposal to diminish the constitutional or statutory authority of the chief excutive of the State, I assure you, the people of Georgia, that I will work in a spirit of harmony and accord and on equal terms with the legislative branch in all matters.
ECONOMIC GROWTH
Now, let us talk about our State's economic growth.
Today we are witnessing in Georgia a transition which will affect every man, woman and child, in the immediate years to come.
One of the paramount problems confronting us at this time is caused by the loss of population and income in some areas of the state through no fault of their own. And on the other hand, we have rapidly growing populations in many areas.
We have come to a point in our economic development where it is absolutely necessary that we establish a closer balance between agriculture and industry.
We must work to make certain that there is a proper diffusion of industrial growth over the whole state, especially in the smaller counties and in the smaller cities.
There are communities in Georgia where the procurement of one new plant could make the difference between life and death to that community.
It is the duty of your state government to work on the closest terms with all State organizations and with all local groups in the task of bringing steady payrolls and new job opportunities to Georgia for Georgia people.
That, we will do.
Your State government intends to serve a useful purpose in coordinating these efforts.
Your State can and will help local governments directly toward furthering their interests.
It can and will help indirectly, by giving them the means and authority to help themselves.
There is much that needs to be done.
There is much that can and will be done.
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JOURNAL OF THE SENATE,
It can and will be done by a high degree of continuous cooperation between a diligent, energetic state administration working at the state level and moving forward hand in hand with active, working officials at the local level.
COUNTY UNIT SYSTEM
Then there is another matter which concerns the vast majority of Georgians today. That is the preservation of the county unit system of primary elections.
For more than forty years this system has served the people of Georgia well.
It stands as a mighty bastion for local-self-determination.
The sovereignty of Georgia's 159 counties must be maintained.
Their strength and vigor must be preserved.
Every county must continue to have a representative voice in State govern ment.
To guarantee that each county does retain a measure of self-determination, we must leave no stone unturned in the constant battle to maintain this meri torious system.
The people in every corner of this State can be assured that the full might of the State government will be utilized to oppose vigorously every effort to destory it or to weaken the principle embodied in it.
SEGREGATION
Because of the limitations of time, it has been possible for me to discuss only my general beliefs and views relative to the operation of your State government. However, I would be remiss, if I did not emphasize the seriousness of the most overriding internal problem, ever to confront the people of Georgia and the South during our lifetime. Without doubt, the decisions that must be made, are the most difficult that any governor has faced in the past 100 years.
We know that a little band of willful men, sitting securely for life in the rarefied atmosphere of the nation's highest judicial tribunal, have attempted through the usurpation of power, not given to them by the Constitution of the United States, to mold the actions and thoughts, of not only the forty million people who reside in the South, but of every citizen in every section of this Nation.
However, the straws in the winds now indicate a growing bitterness to judicial tyranny and an ever-expanding resistance to it on the part of people who live in every State.
There is no more righteous cause than the preservation of the Constitution of the United States as originally written. This Constitution that has made us the greatest Nation on the face of the earth.
Throughout the course of recorded history, whenever great struggles loomed on the horizon, there have been those who would throw up their hands and cry surrender even before the enemy arrived on the scene.
In the last few weeks and months we have seen this happen in our own Georgia, a State that has proudly borne the reputation throughout the length and breadth of this Nation, of being the veritable stronghold of constitutional government.
TUESDAY, JANUARY 13, 1959
23
Fortunately, throughout this great commonwealth of Georgia, these advo cates of surrender have been few and far between. However, they have by their concerted efforts and misleading oratory, deceived a few citizens into believing that the battle is over, and that we stand amidst the ruins of defeat.
These fermenters of division and discord know that what they proposed is neither intellectually honest nor fundamentally sound.
They speak of "token integration".
There is no such thing as "token integration".
They know, or should know, that the few raindrops of "token integration" would become a downpour, a deluge and then a flood which would engulf our people.
The tragedy of this whole situation is that the great rank and file of both races are fully aware of the fact that separate schools are best for all.
They know the harmful results that would come from any other course.
A thoughtful person has but to look at other cities in America--not in the South--to visualize the consequences of what would happen here.
I have been into almost every militia district of this State--I know the thinking of the people in the four corners of the State--there is a virtually unanimous opinion among the people of Georgia that the Constitution and laws of Georgia must be upheld to the letter, and that in so doing we are acting in accordance with the Constitution of the United State as it was written and adopted--not as it has been distorted and twisted by the political judges of the United States Supreme Court.
We have only just begun to fight.
The people of Georgia and their new Governor say to the United States Supreme Court, that we will fight this tyranny at every crossroads; we will fight it wherever it raises its ugly head, in these very streets, in every city, in every town, and in every hamlet--until sanity is restored in the land.
As the immortal Thomas Jefferson wrote shortly before he assumed the Presidency,
"I have sworn upon the altar of God, eternal hostility against every form of tyranny over the mind of man."
That oath includes judicial tyranny.
It is an oath to which you and I of this generation proudly subscribe today.
If we are left alone, free from outside dictation and interference, we can, within the framework of our traditional pattern of life, work out all of our needs and problems to the benefit of every citizen.
Now is the time for Georgia people in positions of leadership and responsi bility all over the State, to take hold and to declare steadfastly, that we are not going to permit disruptive influences to wipe out the gains in all fields which we are making in our State.
Of one thing I am certain, Georgians are determined to stand by their rights and traditions, whatever the cost.
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WE LOOK AHEAD
As we look to the future, we do so with that same high confidence and resolve that have marked Georgia people throughout her history. We do so in a spirit of love and respect, and with that quiet, warm, comforting inner feeling that comes from the sure knowledge that our people, and our grassroots leader ship, from the mountains to the sea, can be depended upon to do the right thing at the right time.
It is with prayer to Almighty God, and it is with a deep sense of personal humility, that I approach the solemn duties of our State's highest office.
As your new chief executive, I ask every one of you--the people of this Empire State--to give me that constant and continuing support needed to safely see us through the trying times which loom ahead.
Let us be of stout heart and resolute spirit--let us bind ourselves together in this, a common cause and by our solid front and united efforts we will, under God, build a glorious and lasting commonwealth for our children and for the children of future generations.
Administration of Oath of Office to Lieutenant Governor .-----_....___. Honorable Joseph D. Quillian, Judge Court of Appeals
Honorable Garland T. Byrd, Lieutenant-Governor of Georgia, addressed the General Assembly as follows:
GOVERNOR VANDIVER, GOVERNOR GRIFFIN, SPEAKER SMITH, MEM BERS OF THE GENERAL ASSEMBLY, STATE OFFICIALS, JUDGE QUIL
LIAN, DISTINGUISHED GUESTS, AND MY FELLOW GEORGIANS:
As I enter upon the duties of Lieutenant Governor of this great and sovereign state, I do so with a deep and sincere spirit of humility and gratitude.
To the hundreds of thousands of you who have entrusted me with the obli gations of high office, permit me to say--permit me to pledge to you--to each and every citizen of Georgia--that I shall always be grateful--and I shall always be guided in my personal life and directed in my official actions by the exacting trust which you have placed in me.
I enter upon my assignment with full awareness and knowledge of the magni tude of the task which lies ahead of this new Administration.
I know the hazards and the dangers which are before us.
I face them resolutely, with firm determination to use my every effort and ability in your best interests, my fellow citizens, in our common cause.
To those principles which Governor Vandiver has enunciated here today, I subscribe my full and my unqualified support.
It is, indeed, a privilege and a high honor to serve as a lieutenant to Governor Vandiver.
I have been most fortunate in that I have known him well in the past.
He and I have been on the same team before. We have worked for the
TUESDAY, JANUARY 13, 1959
25
same objectives and goals. We have shared each other's trust, confidence, and friendship.
I know what he has stood for in the past--what he stands for today--and what he will stand for in the future.
We believe in the same ideals of loyalty, of honor, and of freedom.
We believe in the same principles of state sovereignty and constitutional government.
It has been my good fortune--in past months--to have been able to visit with you--my fellow citizens--in all sections of our state--in every county in Georgia.
You have told me of your hopes, your ambitions, your problems. And, these things you have told me have impressed me and have encouraged and inspired me.
I know, from first hand knowledge, that we are a united people.
And I am pledged and decidated to giving my every effort in behalf of your wishes.
We want progress and prosperity in Georgia, and we want harmony and good will.
We must have a state administration which is pledged to efficiency and economy, to sound, business-like management of the affairs of government.
As the president of the Senate of our General Assembly, I shall preside with dignity and fairness.
All matters before the Senate shall have full and fair consideration. All legislation shall be put to only this test--is it in the public interest.
It shall be my purpose, as the chief elected legislative officer in your state government, to work in behalf of maintaining a full, equal, and honorable role for our General Assembly.
The members of the Legislative Branch are the people's elected representa tives. And only if the people have a voice in the management of our state government--through their elected representatives--can we have constitutional government.
We shall work to continue Georgia on its present road of progress in education, in health, in agriculture, in industry.
We shall work to continue to provide those essential services which the citizens demand, which you deserve.
And we shall work to keep our state solvent and strong.
Our new state administration has a mandate from the people.
There will be many who will try to test the new administration.
But we shall not yield one inch to those who seek to set aside the will of the majority of the people of Georgia.
I stand firmly in support of our tried and tested and respected county unit system of representative government.
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JOURNAL OF THE SENATE,
As your Lieutenant Governor, I shall use the full force of that office to oppose any change whatsoever in our county unit system.
I have supported and defended our system of representative government in the past, and I shall continue to do so in the future.
Now, there are always some malcontents, and there are always some persons who seem to be dissatisfied with every thing.
And there are some persons who do not understand our common goals, the meaning of our customs, our traditions, our thinking.
We Georgians have proclaimed our beliefs time and time again.
We know that separation of the races is best for all--and the only way to assure continued cooperation and harmony and tranquility.
We Georgians are proud of our schools.
Time and time again, over a period of a hundred years, we have spoken out in approval of our system of education.
Georgians have demanded that our schools be separate--and equal--insofar as the races are concerned.
Our schools are provided for in our state Constitution, and are managed and operated and staffed by Georgians placed in their positions in accordance with the laws of our state, laws approved by our citizens.
We shall not yield our constitutional prerogatives to a political court-- or to political officials--in Washington, D. C.
We are not going to yield to socialistic planners--or to selfish groups-- or to political parties--or to special interests--the duties, the responsibilities, or the authority of the people of Georgia--and the state of Georgia--for public education in Georgia.
We shall not yield to ill-considered, intemperate, impractical demands of small, but skillfully organized, pressure groups.
We are going to stand firm.
As your Lieutenant-Governor, I shall do everything in my power to preserve segregation in our schools.
How well I know that many days and months and years of exacting duties and hard work lie ahead.
Many challenges must be faced.
As I stood before you, my hand upon the Holy Bible, I took an oath that I will serve with honor--with fairness--with faith--and with the help of Almighty God--to carry out the duties assigned to me--and to protect and pre serve the Constitution of our beloved state.
This oath I have taken with all the seriousness, all the reverence I possess --and God helping me, it shall always guide me.
Benediction __.____...-....____._____-___-_--..--.----------____-__. Reverend Wyatt M. Gilbert
TUESDAY, JANUARY 13, 1959
27
The joint session was dissolved, and the Senators returned to the Senate Chamber.
The president pro tempore introduced Lieutenant-Governor Byrd, who addressed the Senate as follows:
It is indeed a high honor to be privileged to serve with such a distinguished group of Georgians. I want to express my appreciation to each of you for the help, assistance, and cooperation that I have received during the interim period since the election and today. Your advice and suggestions in assisting me in the organizational aspects of this Senate have proved to be invaluable. Serving as a member of the General Assembly of Georgia is indeed an important position in the make-up of our governmental structure. You gentlemen serving as a member of the State Senate of Georgia are the direct link between your state government and the citizens that you represent.
We are on the eve of witnessing the General Assembly of Georgia becoming a full--equal, and working branch of our state government.
Our distinguished new governor was the first to provide and initiate the spark of leadership that brought about this trend toward legislative independence. In order for the General Assembly of Georgia to be independent, we do not need new laws. We can be independent under the framework of our present structure. It is simply something that addresses itself to the courage and determination of the individual legislator.
In the future, it will be necessary and will be imperative that we be willing to assume our proper duty and responsibilities under the law. If we fail to do so, than we will be in poor taste to criticize other branches of our govern ment.
We shall continue to look toward the executive branch of our government for guidance and direction--(but at the same time, reserving our right of inde pendent thought and judgment.) I forsee a full degree of cooperation between Governor Vandiver--the Executive Branch of our government--and the legislative branch, realizing that Georgia stands at a crossroads, that this General Assembly, in all probability, will be called upon to make important decisions that might well affect the future of this great state for many, many years. It is imperative that we have a close degree of relationship between the Legislative and Executive branches of our state government, and, speaking of working, this will be a working session. This is the first time within my memory to have known the General Assembly to meet a full week during the first week of its session. We will meet through Friday of this week and look forward to being able to pass Bills on Tuesday of the following week.
If I personally or members of my staff can be of assistance to you indi vidually or collectively, you have but to call upon us.
The president announced the following standing committees:
AGRICULTURE AND NATURAL RESOURCES
Doster, Chairman Breedlove, Vice-Chairman Lindsey of the llth, Secretary
Lanier Perry Skelton McGill
Adams Buff Mobley Darby Clary Lindsey of the 53rd
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JOURNAL OF THE SENATE,
APPROPRIATIONS
Carlisle, Chairman
Adams
Hays, Vice-Chairman
Shaw
Barrett of the 45th, Secretary
Lindsey of the llth
Kiker
Screws
Watson
Holt
Pannell
Brooks
Roach
BANKING AND FINANCE
Brooks, Chairman Land, Vice-Chairman Redwine, Secretary
Wright Carlisle Jernigan
Sanders Brown Smith Edenfield Dykes
COUNTY AND MUNICIPAL GOVERNMENTS
Brown, Chairman Darby, Vice-Chairman Buff, Secretary
Vaughn Redwine
Holton Gearreld Purcell Screws Lindsey of the 53rd
DEFENSE AND VETERANS AFFAIRS
Clary, Chairman
Smith
Mercer, Vice-Chairman
Marshburn
Watson, Secretary
Home
Dykes
EDUCATIONAL MATTERS
Jernigan, Chairman Marshburn, Vice-Chairman Mobley, Secretary
Nixon Horne Roach Watson
Mercer Greer Smith Breedlove Brown Lanier
HEALTH AND WELFARE
Holt, Chairman Livingston, Vice-Chairman Cannon, Secretary
Brown Screws Marshall
Holton, Chairman Roper, Vice-Chairman Lanier, Secretary
Drew Purcell Lindsey of the llth Kennedy Livingston Horne
Buff Kiker Lindsey of the 53rd Holton Mercer
HIGHWAYS
Barrett of the 32nd Darby Barrett of the 45th Marshall Marshburn Shaw Kiker Jernigan
TUESDAY, JANUARY 13, 1959
29
INDUSTRY AND LABOR
Wright, Chairman Barrett of the 32nd, Vice-Chairman McGill, Secretary
Drew Cannon Mobley
Skelton Brooks
Holt Crowe Gearreld
INTERSTATE COOPERATIVE COUNCIL OF STATE GOVERNMENT
Edenfield, Chairman Perry, Vice-Chairman Pannell, Secretary
Jordan
Sanders Slade Greer
JUDICIARY
Jordan, Chairman Vaughn, Vice-Chairman Skelton, Secretary
Crowe Gearreld Adams
Roach Wright Carlisle Hays Culpepper
PENAL AND CORRECTIONAL AFFAIRS
Kennedy, Chairman Nixon, Vice-Chairman Marshall, Secretary
Purcell
Barrett of the 32nd Roper Brooks
PUBLIC UTILITIES AND TRANSPORTATION
Greer, Chairman Redwine, Vice-Chairman Land, Secretary
Kennedy Breedlove
Roper Doster Culpepper Clary
RULES
Byrd, Chairman Sanders, Vice-Chairman Vaughn, Secretary
Nixon Edenfield Barrett of the 45th McGill Doster Carlisle
Jordan Livingston Land Crowe Ramsey Pannell Hays Wright Culpepper
SENATE ADMINISTRATIVE AFFAIRS
Ramsey, Chairman Slade, Vice-Chairman Cannon, Secretary
Clary Perry
TEMPERANCE
Dykes, Chairman Drew, Vice-Chairman Slade, Secretary
Ramsey Kennedy
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JOURNAL OF THE SENATE,
Senator Sanders of the 18th moved that the Senate do now adjourn, and the motion prevailed.
The president announced the Senate adjourned until 10 o'clock tomorrow morning.
WEDNESDAY, JANUARY 14, 1959
31
Senate Chamber, Atlanta, Georgia, Wednesday, January 14, 1959.
The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the president.
Scripture reading and prayer was offered by the chaplain, Rev. Earl H. Dunn, Butler Baptist Church, Butler, Georgia.
By unanimous consent the call of the roll was dispensed with.
Senator Ramsey of the 1st reported that the journal of yesterday's pro ceedings had been examined and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Sanders of the 18th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. Second reading of bills and resolutions. 3. Reports of standing committees. 4. Adoption of resolutions favorably reported.
The consent was granted.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted the following resolutions of the House to wit:
HR 10. By Messrs. Smith of Emanuel, Twitty of Mitchell, and many others:
A resolution expressing appreciation for the Institute for Legislators; and for other purposes.
HR 11. By Messrs. Smith of Emanuel, Twitty of Mitchell, and many others:
A resolution expressing appreciation for the dinner during the Institute for Legislators; and for other purposes.
HR 14. By Mr. Twitty of Mitchell:
A resolution providing for a joint session of the House and Senate to be held at 11:45 a.m., January 15, 1959 for the purpose of hearing a message from His Excellency, Gov. S. Ernest Vandiver, and providing for a committee of escorts.
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JOURNAL OF THE SENATE,
The Speaker has appointed on the part of the House the following:
McCracken of Jefferson, Parker of Appling, Chandler of Baldwin, Otwell of Forsyth, Blalock of Clayton.
The following resolutions were read and adopted:
HR 10. By Messrs. Smith of Emanuel, Twitty of Mitchell and many others:
A resolution expressing appreciation for the Institute for Legislators; and for other purposes.
HR 11. By Messrs. Smith of Emanuel, Twitty of Mitchell and many others:
A resolution expressing appreciation for the dinner during the Institute for Legislators; and for other purposes.
HR 14. By Mr. Twitty of Mitchell:
A resolution providing for a joint session of the House and Senate to be held at 11:45 a.m., January 15, 1959 for the purpose of hearing a message from His Excellency, Governor S. Ernest Vandiver, and pro viding for a committee of escort.
The president appointed as a committee of escort the following: Senators Purcell of the 31st, Lindsey of the 53rd and Skelton of the 30th.
Mr. Byrd, Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules, has had under consideration the following reso lutions of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SR 8. Do Pass.
SR 9. Do Pass.
SR 10. Do Pass.
Respectfully submitted,
Vaughn of 34th District,
Secretary.
The following resolution was read the second time:
SR 9. By Senators Sanders of the 18th and Jordan of the 25th:
A resolution creating the Government Operations Committee; and for other purposes.
The following resolutions, favorably reported by the committees, were read the third time and put upon their passage:
WEDNESDAY, JANUARY 14, 1959
33
SR 8. By Senators Sanders of the 18th and Jordan of the 25th: A resolution to amend Senate Rule 134; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 47, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
SR 10. By Senators Sanders of the 18th and Jordan of the 25th: A resolution to amend Senate Rule 15; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 46, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
Senator Sanders of the 18th moved that the Senate do now adjourn until 11 o'clock tomorrow morning and the motion prevailed.
The president announced the Senate adjourned until 11 o'clock tomorrow morning.
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JOURNAL OF THE SENATE,
Senate Chamber, Atlanta, Georgia, Thursday, January 15, 1959.
The Senate met pursuant to adjournment at 11 o'clock this morning and was called to order by the president.
Scripture reading and prayer was offered by the chaplain, Rev. Earl H. Dunn, pastor Butler Baptist Church, Butler, Georgia.
By unanimous consent the call of the roll was dispensed with.
Senator Clary of the 29th reported that the journal of yesterday's proceedings had been examined and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Sanders of the 18th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions.
2. First reading and reference of bills and resolutions.
3. Second reading of bills and resolutions.
4. Reports of standing committees.
5. Third reading and consideration of bills and resolutions.
The consent was granted.
The hour for convening the joint session of the Senate and House having arrived, the president, accompanied by the secretary and the senators, proceeded to the hall of the House of Representatives and the joint session, called for the purpose of hearing a budget message by His Excellency, the Governor, was called to order by the president of the Senate:
The resolution authorizing the joint session of the Senate and House was read by the secretary of the Senate.
His Excellency, the Governor, addressed the General Assembly as follows:
LIEUTENANT-GOVERNOR BYRD, SPEAKER SMITH, MEMBERS OF THE HOUSE AND OF THE SENATE, STATE OFFICIALS, DISTINGUISHED
GUESTS, MY FELLOW GEORGIANS AND FRIENDS:
My first words to you are that your Chief Executive has no intention of turning Georgia schools and colleges over to the Federal Government for any purpose, anywhere, at any time during the next four years.
We assemble here with fresh minds, with deeply imbued intentions to work with all our will for those causes we feel will benefit our citizens and to unite, as never before, in battling for the preservation of the rights and traditions which have been handed down to us from the very foundation of our common wealth.
THURSDAY, JANUARY 15, 1959
35
Let me assure you that I am here with the intention of devoting my time to hard work and I am sure you are as eager and ready to work as hard to solve the manifold problems that confront us today.
Permit me at the outset to express my deep confidence in the ability and the integrity of the members of the two branches of the legislative division of the state government.
With many of you, in both houses, I have had the pleasure of working to meet grave governmental problems in the past. It is comforting to me to realize that I have such a group of highminded, able and patriotic representatives of the people with whom to work in the important days of the immediate future.
The majority vote of the people of Georgia which sent us here is "the Supreme Law of the Land" and all of us are eager and willing to conform to the mandates of that law.
We who have asked the electorate for responsibility assume it with full vigor and determination.
It will require application and sacrifice.
But, I am sure that you and I both are willing to give it, realizing the need our State has for both productive and constructive leadership at this present time.
I reiterate what I said day before yesterday in my inaugural address. That is, this administration will, in pursuing its objectives, take the members of the Legislature into its confidence as full working partners.
My recommendations to you today will be designed to strengthen your hand in carrying out your constitutionally-prescribed legislative duties and casting every Senator and Representative of the people in a role for more effective service.
Let me say at the outset today that many of the problems which will come before me as your governor and before you as legislators will not be easy of solution. The complex era in which we live and the rapid growth of the State government in the last two decades makes it so.
I assure you, here and now, speaking for myself and for other officials in the administration, that during the coming four years, we will follow the rules of conduct which you lay down to guide us in day-by-day service to the taxpayers.
THE PROBLEM
There are two great, outstanding problems which confront us at this time.
One of them is an internal problem--caused by the fact that the fiscal con dition of the State Government borders on bankruptcy.
The other problem is external--brought on by the fact that the Federal Gov ernment is following a course of ever-increasing encroachment upon the rights and powers of the States.
Concerning the internal problem, we now reap the whirlwind from a policy to living it up today without thought of tomorrow.
An indifferent, irresponsible and profligate spending policy, marred further by instance after instance of corruption, exhausting the surplus, leaving no margin of safety, brings us squarely to the day of reckoning.
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Let me say that I have no criticism to offer, only a recitation of the facts as they exist.
My responsibility pertains to the future conduct of the State government. That responsibility I solemnly assume to do the best that I can in view of conditions that exist. I must have your help.
I must have your confidence. I must have your support.
I must have your cooperation.
THE SOLUTION
The solution to our dilemma lies in Economy--sound economy practices executed with impartiality and fearlessness.
Honesty in government--that is the fundamental requirement, for the pillars of no institution no matter how sacred, can long stand unless it exists.
Reorganization--that, too, is necessary to get away from the morass of bureaucracy in which it is difficult and sometimes impossible to fix responsibility and to carry out properly the functions assigned by the General Assembly to the executive.
And, most important of all--maintenance of our way of life--a way of life which means constitutional government and all that it implies; the right of the people of the several states to life, liberty and the pursuit of happiness; the right to be secure in our homes, our jobs and in our daily lives free from outside dictation and interference; the right to worship God as we see fit; the right to choose our own associates; the right to rear our children in a whole some environment; the blood-won right to local, self-determination; yes, those are the rights that go together to form the sacred American heritage.
As we approach the fulfillment of our duties in this new administration, we do so in the complete realization that our responsibilities are grave, the task ahead is hard, the work long, tedious and difficult. But, at all costs, we must be on with it, for riding with us is Georgia's destiny, the destiny of our common country.
As loyal Americans, as true Georgians, we will not fail them nor will we flag in our duty when so much is expected of us. BUDGET REDUCTION
Prudence demands that our first undertaking be to rehabilitate the fiscal position of our State.
The present quarterly budgets were approved by the outgoing chief execu tive.
The first quarterly budget that I will have an opportunity to sign as your Governor has been reduced by me.
On the day before yesterday, shortly after taking the oath of office as Governor, I issued an Executive Order, effective April 1, reducing all budgets of the State by ten percent across-the-board, except those essential functions of education, highways, welfare, institutions, health and a few of the smaller
THURSDAY, JANUARY 15, 1959
37
agencies where the appropriations have not been overly-extended in the past few years.
In addition, I have ordered all department and agency heads to submit to me by April 15th their proposed budgets for the ensuing fiscal year so that each item therein must be justified before approval.
This is only the beginning of a program of retrenchment which will be carried out with vigor and without relent. Other reductions will be made from time to time.
It is my belief that this course will allow an orderly elimination of unneces sary expense, will permit needed streamlining and will allow intelligent and unimpeded studies to be made so that a thoroughness can be achieved in re organization and economy which would not otherwise be possible.
CONDITION OF THE STATE
The budget reduction already made and those impending are occasioned by the precarious financial condition of the State.
We have no choice.
We have seen the State government grow fat and top-heavy with waste and lost motion.
We have seen the state payrolls padded with useless employees many of whom are not qualified for the jobs they hold and others who have done no work for their pay.
We have seen state officials and employees collect money due the State and fail to turn it into the treasury.
We have seen authority debt climb to the astronomical total of $312,406,000.00, requiring $29,055,108.09 annually each year out of the State's operating budget to pay back principal and interest on the amounts borrowed.
We have seen this method of financing, which served a good purpose when used to build schools and other permanent institutions, diverted to finance projects of short-term life which will either be long since worn out or will require heavy maintenance before the bills are paid.
We have seen roads built on borrowed money at two or three times the cost, and only a little quicker, than they could have been constructed on a payas-you-go basis.
We have seen state materials appropriated to private use.
We have seen highway personnel certify thousands of dollars of work done which had not, in fact, been done.
We have seen expensive heavy equipment belonging to the State mysteriously disappear and turn up in the strangest places.
We have seen the purchasing laws flouted which has made the State pay higher than retail prices for some of its purchases and the passing off of shoddy materials and unneeded merchandise on the State.
We have seen public money, public equipment and public personnel used to do work on private property.
We have seen the unbelievable spectacle of some public officials collecting
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money on the side into a private fund from persons or businesses over which these officials exercised life or death regulatory control for the brazenly an nounced purpose of doing their duty in one instance and refraining from doing their duty in the other.
We have seen an unfortunate disposition on the part of some high State officials to do business with themselves in an individual or corporate capacity.
We have seen the advent of the so-called "shade tree commission agents" or "ten percenters" with whom it has been necessary to make a side arrangement before being able to sell to the State.
Almost daily, we have seen other arrogant abuses of the public trust.
Wasteful spending and corrupt practices feed upon each other.
It is no wonder, then, that the State is on the verge of bankruptcy and the surplus dissipated.
It is no wonder then that we find the State engaging in deficit spending to the extent of $22 millions of dollars annually at the present time.
SURPLUS DISSIPATED
At the beginning of the last fiscal year, the surplus account in the State Treasury stood at $35,183,150.12.
Today, that surplus stands at a bare $2,608,255.08 only enough to operate the government for about three days.
That is the lowest the State surplus has been in 12 years.
The State's cash balance, according to a recent speech of the State Treasurer, is at the lowest it has been since he took office 26 years ago.
The $35 million dollar surplus has been spent without effective legislative direction and without any effort being made to economize in State operations.
Notwithstanding the fact that during the last four years additional taxes have been collected out of the taxpayers of Georgia exceeding $200 millions of dollars; notwithstanding the fact that in addition to this over $150 millions of dollars in new debt has been placed on the people; notwithstanding the fact that more taxes have been collected than ever before--not being satisfied with all this new and additional money to spend, the meager surplus which took seven years to accumulate was spent in the short space of a few months.
We find that State income at the beginning of this fiscal year is at the rate of $318 millions of dollars annually.
Yet, we find State spending at the change of administrations to be at the rate of $340 millions of dollars annually.
It is obvious that we cannot continue deficit spending.
My friends, considering the situation we have inherited, that was none of our making, unless we hold outgo to income and unless we lay aside a reasonable amount for the surplus fund to meet essential and emergency needs, we hasten the State's present headlong rush toward complete insolvency and total bank ruptcy or a massive tax increase.
Neither of these alternatives holds any attractiveness for me and I am sure that you and the people share my view.
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39
It is now squarely up to the General Assembly of Georgia and this admin istration to practice every economy possible in the operation of the State government.
That course offers the only satisfactory solution to the financial crisis now confronting the State.
Georgians expect us, you and I, to make every sincere effort to achieve genuine economy and meaningful reorganization and streamlining of state gov ernmental functions.
CONTINUING RESPONSIBILITY
Now, permit me to discuss with you the harmful results which come from the utilization of state surplus funds for so-called "recurring items" in the budget which must continue to be paid year after year and for the so-called "non-recurring items" either which will require huge sums to complete or which will require large appropriations to operate in future years.
Let me remind you that the $35 million dollar surplus has been spent largely on items that henceforth will be a more or less continuing responsibility in the budget.
This was done in full knowledge of the fact that no funds would be available to pay the bills and that revenues had not been provided to put these programs on a sound basis for future operation.
For an example of what I mean, look at the $8 million dollar item which must come out of the Highway Department appropriation each year for sixteen years to finance the debt of the State Rural Roads Authority.
This creates a critical condition in that department.
Money must be taken away from 100% State-aid construction to finance the authority debt.
We have no alternative.
This is translated throughout the entire government.
I could cite you numerous other examples of expenditures made which will be costly, indeed, in the years to come. The question that presents itself is this --has not our State, under its present revenue structure, spread itself and its programs far enough?
Is it wise to spend what income we have for this, that and the other, benefitting only a few, taking available funds away from long-established functions, such as education, highways, welfare, health, institutions and so on, thereby affecting adversely thousands and thousands of our people?
I say not.
The place where we have got to spend State income in the coming four years is where it will do the most good for the most people.
The empire builders, the dreamers, the wasters, the log-rollers and the treasury raiders have had their day.
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RESTORE ASSEMBLY AUTHORITY
It is time to restore control over the purse of the government of the State of Georgia to the people and to their elected representatives in the General Assembly.
We have had only one appropriations bill enacted in the last 8 years.
And, the General Assembly had little say-so in formulating the Act under which we are now operating.
Regrettably, complications brought on by the so-called highway allocation amendment have rendered it impossible to consider a new appropriations bill because of the substantial amount of money which would have to be taken away from education and transferred to highways to meet the terms of the consti tutional provision.
It is my suggestion that this General Assembly give careful study to the possibility of revision or repeal of the allocation provision, removing the im pediment to future budget bills, and that the corrective proposal be presented to the people for their ratification or rejection in the General Election next year.
In any event, it will not be possible, because of the allocation provision, for me to present an appropriations bill to you until afi.er the General Election at the January, 1961, session.
KEEP PRESENT APPROPRIATIONS' ACT
Because of the present muddle in State finances and because of the re organization period through which we must go in the next two years, I request .that the present appropriations act remain as it now stands, without any amend ment, in order that we may make such reductions in spending as are required from time to time by careful study and the force of necessity.
ACTIVATE FINANCE COMMISSION
Let me say now that in the conduct of my administration the Finance Com mission, composed of representatives and senators from the Legislative branch will be activated and consulted frequently by me not only to advise and counsel with the Governor relative to the preparation of the Budget and Appropriations Bill for submission to the General Assembly but also in regard to crucial finance policies where the utmost cooperation is essential between the Governor and the members of the Legislature.
In the interest of gathering accurate information and factual data relative to state expenditures, requiring careful investigation and time-consuming studies, to be made available to the budget authorities, to the Finance Commis sion and others concerned, it is my intention to create within the Governor's Office, itself a Division on Departmental Operations. It will be a fact-finding agency only, not encroaching on the prerogatives of any official or legislator. It will be headed by a competent person as director fully familiar with budget and fiscal affairs, who shall be vested with authority to make a constant exami nation of all budget requests.
It will be necessary for us to institute every economy possible in the next few months in an effort to rebuild the surplus by fiscal year's end in order to take care of the barest needs for operations in the Education Department--to project the minimum foundation program; in the Highway Department--to match federal funds under the interstate program and to provide for now neg-
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41
lected maintenance; and, in the welfare department--to take care of normal increases in the number of needy persons entitled to assistance.
The extra money that will be required to do these things in the coming fiscal year, over and above the present normal operating budget, is estimated to be as follows:
Education--$11,000,000--of which the $8,000,000 additional would be for operations of the common schools; $2,000,000 would be for the University System and $750,000.00 for additional state contributions to the Teacher Retirement System fund.
These are the amounts that will be required to project present programs in education. It is my hope, however, that, with practicing some economies, the Department of Education and the University System may be able to satisfy their minimum needs with amounts somewhat lesser than those I have stated.
HIGHWAYS--$10,000,000.00.
We have two pressing situations in the Highway Department. One is occa sioned by the increasing amounts of money being required for debt retirement and for federal fund matching out of the present operating allotment, thus reducing by an equal amount the money available for 100 percent state aid construction.
The other, and perhaps the most pressing situation, is the fact that main tenance on all of our highways has been neglected as long as we,ean do so. That condition, at the minimum, will require additional millions.
In any event, by practicing rigid economies throughout the entire organiza tional structure of the Highway Department, we should be able to use that money where it will do the most good for construction and maintenance pur poses. But, nonetheless, we will need additional millions in the Highway Depart ment just to take care of increased maintenance needs and such 100 per cent state aid construction as must be done on an emergency basis which cannot be deferred.
WELFARE--$1,000,000.00.
That amount will be required over the present normal operating budget in order to take care of additional persons becoming eligible for public welfare assistance under existing programs in that department.
Only through stringent management do we have any hope whatever of meeting these requirements in the ensuing 1959-1960 fiscal year.
It will need your help not only when you are in session but throughout the year in assisting me to help relieve the pressures for other less essential ex penditures.
Your understanding and patience will be necessary when I must say "NO" to you and our people on occasion.
I have gone into detail relative to State finances to give you the why's and wherefore's in order that you and the people of Georgia might know that we are now having to pay the piper for waste, extravagance, indifference, irrespon sibility and corruption.
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JOURNAL OF THE SENATE,
"WATCHDOG COMMITTEE" REPORT
Realizing the condition of the State government, the Georgia State Senate, at last year's session created the Senate Committee on Government Operations, better known as the "Watchdog Committee".
Its assigned mission was--". . . to study . . . the State government with a view toward: (1) Practicing every economy possible; (2) financing essential services as far as possible within state income; and, (3) whether reorganization would result in more efficient services and savings to the taxpayers of Georgia."
Despite an open hostility on the part of the preceding administration to the committee and despite a denial of funds for its initial operations, it has carried on its work and has filed its report.
I compliment, as highly as I know how, the members of this committee for their determination to do as thorough a job for the people as possible under adverse circumstances. And for the fact that they were willing to do at their own expense, if necessary.
I commend this report to you for your careful study and consideration.
The recommendations made form a valuable guidepost for obtaining better government in Georgia.
They embrace both proposals for legislative action and administrative im provement. The latter are being carried out as rapidly as feasible and possible.
To carry forward and complete the work started by the interim Senate Committee on Government Operations, the Administration will sponsor at this session the creation of a joint "Governor's Committee on Economy and Re organization." It is my request that it be vested with full powers and provided with funds to hire the help needed to effect a complete program of both ad ministrative and structural reorganization.
I assure you the Committee will have the backing, support and cooperation of the Governor's Office and every department and agency in its work.
REORGANIZATION
The present structure of the State government has been pyramided, one function on top of the other, over a period of many years. Time and careful study, as well as capable, informed assistance, will be necessary to correct its deficiencies.
And, let me say this, in any economy and consolidation program as much depends upon proper, aggressive, thorough administrative action as depends upon corrective legislative action.
It is my desire to bring these two great forces together--the legislative and the executive--as a working team to place Georgia's government on a sound, business footing.
The administration will make a substantial beginning at this session by offering bills to do just that.
Proposed legislation will be presented to abolish outright eleven boards, bureaus, commissions, etc., and to eliminate fourteen more by consolidations. Pour others will be abolished by executive order.
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43
HONESTY IN GOVERNMENT
At the same time, the administration will support a 25-part "Honesty in Government" package bill in line with my campaign pledges made to the people last summer. This bill will define explicitly crimes against the State by persons selling to the State or holding positions of trust in the state government.
The purpose of this legislation is to prevent any recurrences of happenings we have witnessed in recent months where State officials are employees have engaged in various practices inimical to the State's interests seemingly with complete impugnity.
Permit me to suggest that any crippling amendments that might be offered to weaken this bill be vigorously resisted for we must arm our prosecuting officials with laws with teeth in them.
Let us do so, that never again, can any State official or employee arrogantly hold himself above the law and proclaim to the world that he does not care one whit for what the people think and that the accepted standard of ethics and morals observed by every citizen in the conduct of their affairs does not apply to him.
I call upon you to help me end that sort of thing once and all in Georgia.
OTHER RECOMMENDATIONS
Other suggestions for legislative enactment to be made by the Vandiver Administration relating to administrative operation, which I ask that you push to speedy enactment, are included in the following bills:
Elimination of the loopholes in the laws governing purchasing procedures.
Installation of adequate legislative safeguards surrounding acquisition of property by the State.
Calling a halt to Authority financing at present levels unless specifically authorized by the General Assembly.
Abolishing the ill-fated and battle-scarred Georgia Commission on Educa tion and creating a more effective Commission on Constitutional Government to cooperate with similar such official committees in other states.
Changing the name of the Georgia Agriculture Development Authority, amending its powers generally to state the legislative intention to broaden its operating base to include industrial development, as well as agricultural develop ment.
Now I have outlined to you the administration's legislative program and have detailed to you the condition of the State government, particularly as it relates to the perilous financial condition of the treasury.
I do not need to tell you that just pulling ourselves out of the difficulties we are in will require time, patience and application on our part.
The welfare of nearly four million people is at stake.
Not only are we confronted with these many internal problems but we, like all the States, are menaced by ever-growing efforts of the Federal Govern ment to strip State and local governments of their reserved powers and re sponsibilities and concentrate them all in one, vast, sprawling, complex, tyrannical bureaucracy in Washington.
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It is a continuation of an age-old struggle--man's fight to govern himself in a manner consistent with his needs, his heritage, his desires and his environ ment.
The Administration beginning today will carry on this fight intelligently and with every resource available to us.
We say to our local officials all over Georgia that the Vandiver Admin istration is 100 per cent behind you in the proper performance of your duties and that we will stand with you to a man against oppressioin and intimidation from any quarter.
To make certain the Governor's authority to come to the aid of our officials, a bill will be offered to you for your consideration giving your chief executive the power to expend State funds in retaining counsel and in providing other help where needed.
COUNTY UNIT SYSTEM
Continuing on the theme of local, self-determination, permit me to say that this administration will utilize its every resource to maintain inviolate and unchanged the county unit system principle of statewide primary elections in Georgia.
We want the voters of Iron City, Red Clay, Fargo, Mountain View, Jones Settlement, Avant's Sidetrack and all those other communities, cities and counties throughout this great State to continue to have an effective voice in the State government.
MAINTAIN GEORGIA WAY OF LIFE
During the past few months, I have worked closely with a distinguished committee selected by me, composed of several of the best legal minds in this State in the field of constitutional law. We have studied ways and means of preserving the right of the people of this State to govern their own internal affairs in accordance with our social customs and the Georgia way of life.
Based upon this study, the Vandiver administration will sponsor in the General Assembly several bills designed to strengthen our position in the fight to preserve segregated schools in Georgia.
I strongly recommend and urge to the General Assembly that these segre gation measures be enacted into law, so that our way of life may be preserved in Georgia.
These measures are:
1. A BILL to authorize the Governor, as Conservator of the peace, of the State to close a single public school within a system should it be ordered inte grated, and, to close the school from which the pupil ordered integrated came or might normally could have attended. This is in addition to the power already possessed by the Governor to close an entire affected system.
2. A BILL to prohibit any political subdivision of the State having an inde pendent school system from levying ad valorem taxation for the support of mixed schools.
3. A BILL to permit the Governor to designate legal counsel in school cases and to pay fees and expenses of counsel and court costs.
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45
4. A BILL to setting age limits on enrollees in the University system, ex cept where special dispensation is made.
5. A BILL authorizing the Governor as Conservator of the Peace, to close any unit in the University system of Georgia when he deems it necessary to preserve and keep the peace, dignity and good order of the State; and,
6. A BILL which would facilitate the establishment of bona fide private schools by allowing taxpayers credits upon their State income tax returns for contributions to such institutions which are organized and operated exclusively for educational purposes after such institutions have been certified in accordance with law.
Yes, these are the Vandiver segregation bills, designed to maintain the peace and harmony of the State and to protect the children of Georgia as they gather about the firesides of their parents.
As you and I begin our work in earnest, we do so with the immortal words of Tennyson ringing in our ears;
"To strive, to seek, to find, and not to yield."
TO STRIVE, to do our best in everything we do;
TO SEEK, economy and efficiency in day-by-day operations;
TO FIND, a means of providing better government for Georgia;
AND NOT TO YIELD, in upholding our sacred institutions and traditions.
With unbounding confidence in our people, in the sure knowledge that our cause is right and that in the final outcome we will emerge victorious, with the help of Divine Providence, we move forward together in mutual trust, de termination and in good spirit.
Senator Sanders of the 18th moved that the joint session be now dissolved.
The motion prevailed and the president announced the joint session dissolved.
The senators returned to the Senate Chamber and the Senate was called to order by the president for the regular transaction of business.
The following resolution, favorably reported by the committee, was read the third time and put upon its passage:
SR 9. By Senators Sanders of the 18th and Jordan of the 25th: A resolution creating the Government Operations Committee; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 43, nays 0.
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The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
The president appointed as members of the Government Operations Com mittee the following:
Senators Culpepper of the 7th, chairman, Crowe of the 10th, vice-chairman, Greer of the 6th, secretary, Sanders of the 18th and Jordan of the 25th.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted the following resolutions of the House to wit:
HR 16. By Messrs. Carr of Dooly, and Summers of Crisp:
A resolution authorizing the acceptance of a portrait of the late Walter P. George; and for other purposes.
HR 18. By Twitty of Mitchell:
A resolution by the House, the Senate concurring, that a joint session of the House and Senate be held in the Hall of the House at 11 o'clock a.m., on the 19 day of January, 1959, for the purpose of electing a suc cessor to the Honorable Roy F. Chalker as a member of the State Highway Board.
The following resolutions were read and adopted:
HR 16. By Messrs. Carr of Dooly and Summers of Crisp:
A resolution authorizing the acceptance of a portrait of the late Walter F. George; and for other purposes.
HR 18. By Mr. Twitty of Mitchell:
A resolution by the House, the Senate concurring, that a joint session of the House and Senate be held in the Hall of the House at 11 o'clock a.m. on the 19th day of January, 1959, for the purpose of electing a successor to the Honorable Roy F. Chalker as a member of the State Highway Board.
SR 11. By Senator Doster of the 38th:
A resolution to authorize the inspection of the coastal facilities of the State Game and Fish Commission; and for other purposes.
SR 12. By Senator Brown of the 52nd:
A resolution expressing sympathy on the passing of Mrs. Paul Webb, Sr.
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47
SR 13. By Senator Sanders of the 18th:
A resolution providing for rules governing the appointment of Senate attaches, and fixing the compensation therefor; and for other purposes.
Senator Sanders of the 18th moved that the Senate do now adjourn until 9 o'clock tomorrow morning, and the motion prevailed.
The president announced the Senate adjourned until 9 o'clock tomorrow morning.
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Senate Chamber, Atlanta, Georgia, Friday, January 16, 1959.
The Senate met pursuant to adjournment at 9 o'clock this morning and was called to order by the president.
Scripture reading and prayer was offered by the Rev. Senator Watson of the 36th.
By unanimous consent the call of the roll was dispensed with.
Senator Clary of the 29th reported that the journal of yesterday's proceedings had been examined and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Sanders of the 18th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and consideration of bills and resolutions.
The consent was granted.
The following bills and resolution were introduced, read the first time and referred to committees:
SB 1. By Senators Jordan of the 25th, Sanders of the 18th, Culpepper of the 7th, Greer of the 6th, Redwine of the 26th, Jernigan of the 5th, Wright of the 42nd, Crowe of the 10th, Screws of the 9th, Lindsey of the llth, Mobley of the 17th, Smith of the 4th, Ramsey of the 1st, Gearreld of the 37th, Purcell of the 31st, Lindsey of the 53rd, Barrett of the 45th, Cannon of the 40th, Holton of the 46th, Livingston of the 38th, Roach of the 39th, Barrett of the 32nd, Clary of the 29th, Vaughn of the 34th, Darby of the 15th, Holt of the 54th, Hays of the 8th, Carlisle of the 51st, Land of the 21st, Dykes of the 2nd, Slade of the 14th, Edenfield of the 16th, Marshburn of the 33rd, Watson of the 36th, Brooks of the 23rd, Buff of the 44th, Home of the 13th, Breedlove of the 27th, Doster of the 48th, Kiker of the 41st, Mercer of the 49th, Nixon of the 35th, Lanier of the 20th, Skelton of the 30th, Perry of the 24th, Adams of the 22nd, Drew of the 12th and Roper of the 19th:
A bill to implement the power of the Governor as conservator of the peace throughout the State; to define the powers with respect to the operation of public schools; to provide for the closing of public schools; and for other purposes.
Referred to the Committee on Rules.
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49
SB 2. By Senators Jordan of the 25th, Sanders of the 18th, Culpepper of the 7th, Greer of the 6th, Redwine of the 26th, Jernigan of the 5th, Wright of the 42nd, Crowe of the 10th, Screws of the 9th, Lindsey of the llth, Mobley of the 17th, Smith of the 4th, Ramsey of the 1st, Gearreld of the 37th, Purcell of the 31st, Lindsey of the 53rd, Barrett of the 45th, Cannon of the 40th, Holton of the 46th, Livingston of the 38th, Roach of the 39th, Barrett of the 32nd, Clary of the 29th, Vaughn of the 34th, Darby of the 15th, Holt of the 54th, Hays of the 8th, Carlisle of the 51st, Land of the 21st, Dykes of the 2nd, Slade of the 14th, Edenfield of the 16th, Marshburn of the 33rd, Watson of the 36th, Brooks of the 23rd, Buff of the 44th, Home of the 13th, Breedlove of the 27th, Doster of the 48th, Kiker of the 41st, Mercer of the 49th, Nixon of the 35th, Lanier of the 20th, Skelton of the 30th, Perry of the 24th, Adams of the 22nd, Drew of the 12th and Roper of the 19th:
A bill to implement the powers of the Governor as conservator of the peace; to authorize the Governor to close any school under control of the Board of Regents; and for other purposes.
Referred to the Committee on Rules.
SB 3. By Senators Jordan of the 25th, Sanders of the 18th, Culpepper of the 7th, Greer of the 6th, Redwine of the 26th, Jernigan of the 5th, Wright of the 42nd, Crowe of the 10th, Screws of the 9th, Lindsey of the llth, Mobley of the 17th, Smith of the 4th, Ramsey of the 1st, Gearreld of the 37th, Purcell of the 31st, Lindsey of the 53rd, Barrett of the 45th, Cannon of the 40th, Holton of the 46th, Livingston of the 38th, Roach of the 39th, Barrett of the 32nd, Clary of the 29th, Vaughn of the 34th, Darby of the 15th, Holt of the 54th, Hays of the 8th, Carlisle of the 51st, Land of the 21st, Dykes of the 2nd, Slade of the 14th, Edenfield of the 16th, Marshburn of the 33rd, Watson of the 36th, Brooks of the 23rd, Buff of the 44th, Home of the 13th, Breedlove of the 27th, Doster of the 48th, Kiker of the 41st, Mercer of the 49th, Nixon of the 35th, Lanier of the 20th, Skelton of the 30th, Perry of the 24th, Adams of the 22nd, Drew of the 12th and Roper of the 19th:
A bill to govern the admission of students to the University of Georgia as to age; to declare exceptions; and for other purposes.
Referred to the Committee on Educational Matters.
SB 4. By Senators Jordan of the 25th, Sanders of the 18th, Culpepper of the 7th, Greer of the 6th, Redwine of the 26th, Jernigan of the 5th, Wright of the 42nd, Crowe of the 10th, Screws of the 9th, Lindsey of the llth, Mobley of the 17th, Smith of the 4th, Ramsey of the 1st, Gearreld of the 37th, Purcell of the 31st, Lindsey of the 53rd, Barrett of the 45th,
Cannon of the 40th, Holton of the 46th, Livingston of the 38th, Roach of the 39th, Barrett of the 32nd, Clary of the 29th, Vaughn of the 34th, Darby of the 15th, Holt of the 54th, Hays of the 8th, Carlisle of the 51st, Land of the 21st, Dykes of the 2nd, Slade of the 14th, Edenfield of the 16th, Marshburn of the 33rd, Watson of the 36th, Brooks of the 23rd, Buff of the 44th, Home of the 13th, Breedlove of the 27th, Doster of the 48th, Kiker of the 41st, Mercer of the 49th, Nixon of the 35th, Lanier of the 20th, Skelton of the 30th, Perry of the 24th, Adams of the 22nd, Drew of the 12th and Roper of the 19th.
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JOURNAL OF THE SENATE,
A bill to provide for the conduct of certain actions; to provide for the designation of counsel in certain actions; and for other purposes.
Referred to the Committee on Educational Matters.
SB 5. By Senators Jordan of the 25th, Sanders of the 18th, Culpepper of the 7th, Greer of the 6th, Redwine of the 26th, Jernigan of the 5th, Wright of the 42nd, Crowe of the 10th, Screws of the 9th, Lindsey of the llth, Mobley of the 17th, Smith of the 4th, Ramsey of the 1st, Gearreld of the 37th, Purcell of the 31st, Lindsey of the 53rd, Barrett of the 45th, Cannon of the 40th, Holton of the 46th, Livingston of the 38th, Roach of the 39th, Barrett of the 32nd, Clary of the 29th, Vaughn of the 34th, Darby of the 15th, Holt of the 54th, Hays of the 8th, Carlisle of the 51st, Land of the 21st, Dykes of the 2nd, Slade of the 14th, Edenfield of the 16th, Marshburn of the 33rd, Watson of the 36th, Brooks of the 23rd, Buff of the 44th, Home of the 13th, Breedlove of the 27th, Doster of the 48th, Kiker of the 41st, Mercer of the 49th, Nixon of the 35th, Lanier of the 20th, Skelton of the 30th, Perry of the 24th, Adams of the 22nd, Drew of the 12th and Roper of the 19th.
A bill to amend the Act known as the "State Toll Bridge Authority Act" (Ga. Laws 1953, p. 302) so as to vest the management of the authority in the persons who compose the membership of the State Highway Board; and for other purposes.
Referred to the Committee on Government Operations.
SB 6. By Senators Jordan of the 25th, Sanders of the 18th, Culpepper of the 7th, Greer of the 6th, Redwine of the 26th, Jernigan of the 5th, Wright of the 42nd, Crowe of the 10th, Screws of the 9th, Lindsey of the llth, Mobley of the 17th, Smith of the 4th, Ramsey of the 1st, Gearreld of the 37th, Purcell of the 31st, Lindsey of the 53rd, Barrett of the 45th, Cannon of the 40th, Holton of the 46th, Livingston of the 38th, Roach of the 39th, Barrett of the 32nd, Clary of the 29th, Vaughn of the 34th, Darby of the 15th, Holt of the 54th, Hays of the 8th, Carlisle of the 51st, Land of the 21st, Dykes of the 2nd, Slade of the 14th, Edenfield, of the 16th, Marshburn of the 33rd, Watson of the 36th, Brooks of the 23rd, Buff of the 44th, Home of the 13th, Breedlove of the 27th, Doster of the 48th, Kiker of the 41st, Mercer of the 49th, Nixon of the 35th, Lanier of the 20th, Skelton of the 30th, Perry of the 24th, Adams of the 22nd, Drew of the 12th and Roper of the 19th.
A bill to amend the Act known as the "State Bridge Building Authority Act" (Ga. Laws 1953, p. 626) so as to vest the management of the authority in the persons who compose the membership of the State Highway Board; and for other purposes.
Referred to the Committee on Government Operations.
SB 7. By Senators Jordan of the 25th, Sanders of the 18th, Culpepper of the 7th, Greer of the 6th, Redwine of the 26th, Jernigan of the 5th, Wright of the 42nd, Crowe of the 10th, Screws of the 9th, Lindsey of the llth, Mobley of the 17th, Smith of the 4th, Ramsey of the 1st, Gearreld of the 37th, Purcell of the 31st, Lindsey of the 53rd, Barrett of the 45th, Cannon of the 40th, Holton of the 46th, Livingston of the 38th, Roach of the 39th, Barrett of the 32nd, Clary of the 29th, Vaughn of the 34th, Darby of the 15th, Holt of the 54th, Hays of the 8th, Carlisle of the
FRIDAY, JANUARY 16, 1959
51
51st, Land of the 21st, Dykes of the 2nd, Slade of the 14th, Edenfield of the 16th, Marshburn of the 33rd, Watson of the 36th, Brooks of the 23rd, Buff of the 44th, Home of the 13th, Breedlove of the 27th, Doster of the 48th, Kiker of the 41st, Mercer of the 49th, Nixon of the 35th, Lanier of the 20th, Skelton of the 30th, Perry of the 24th, Adams of the 22nd, Drew of the 12th and Roper of the 19th.
A bill to amend the Act known as the "State Rural Roads Authority Act" (Ga. Laws 1955, p. 124) so as to vest the management of the authority in the persons who compose the membership of the State Highway Board; and for other purposes.
Referred to the Committee on Government Operations.
SB 8. By Senators Jordan of the 25th, Sanders of the 18th, Culpepper of the 7th, Greer of the 6th, Redwine of the 26th, Jernigan of the 5th, Wright of the 42nd, Crowe of the 10th, Screws of the 9th, Lindsey of the llth, Mobley of the 17th, Smith of the 4th, Ramsey of the 1st, Gearreld of the 37th, Purcell of the 31st, Lindsey of the 53rd, Barrett of the 45th, Cannon of the 40th, Holton of the 46th, Livingston of the 38th, Roach of the 39th, Barrett of the 32nd, Clary of the 29th, Vaughn of the 34th, Darby of the 15th, Holt of the 54th, Hays of the 8th, Carlisle of the 51st, Land of the 21st, Dykes of the 2nd, Slade of the 14th, Edenfield of the 16th, Marshburn of the 33rd, Watson of the 36th, Brooks of the 23rd, Buff of the 44th, Home of the 13th, Breedlove of the 27th, Doster of the 48th, Kiker of the 41st, Mercer of the 49th, Nixon of the 35th, Lanier of the 20th, Skelton of the 30th, Perry of the 24th, Adams of the 22nd, Drew of the 12th and Roper of the 19th.
A bill to repeal a Resolution and all amendments thereto, (Ga. Laws 1953, Nov.-Dec. Sess., p. 64), dealing with the creation of the Georgia Commission on Education; and for other purposes.
Referred to the Committee on Government Operations.
SB 9. By Senators Jordan of the 25th, Sanders of the 18th, Culpepper of the 7th, Greer of the 6th, Redwine of the 26th, Jernigan of the 5th, Wright of the 42nd, Crowe of the 10th, Screws of the 9th, Lindsey of the llth, Mobley of the 17th, Smith of the 4th, Ramsey of the 1st, Gearreld of the 37th, Purcell of the 31st, Lindsey of the 53rd, Barrett of the 45th, Cannon of the 40th, Holton of the 46th, Livingston of the 38th, Roach of the 39th, Barrett of the 32nd, Clary of the 29th, Vaughn of the 34th, Darby of the 15th, Holt of the 54th, Hays of the 8th, Carlisle of the 51st, Land of the 21st, Dykes of the 2nd, Slade of the 14th, Edenfield of the 16th, Marshburn of the 33rd, Watson of the 36th, Brooks of the 23rd, Buff of the 44th, Home of the 13th, Breedlove of the 27th, Doster of the 48th, Kiker of the 41st, Mercer of the 49th, Nixon of the 35th, Lanier of the 20th, Skelton of the 30th, Perry of the 24th, Adams of the 22nd, Drew of the 12th and Roper of the 19th.
A bill to repeal an Act (Ga. Laws 1945, p. 159), dealing with the erection and supervision of war memorials; and for other purposes.
Referred to the Committee on Government Operations.
SB 10. By Senators Jordan of the 25th, Sanders of the 18th, Culpepper of the 7th, Greer of the 6th, Redwine of the 26th, Jernigan of the 5th, Wright of the 42nd, Crowe of the 10th, Screws of the 9th, Lindsey of the llth,
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JOURNAL OF THE SENATE,
Mobley of the 17th, Smith of the 4th, Ramsey of the 1st, Gearreld of the 37th, Purcell of the 31st, Lindsey of the 53rd, Barrett of the 45th, Cannon of the 40th, Holton of the 46th, Livingston of the 38th, Roach of the 39th, Barrett of the 32nd, Clary of the 29th, Vaughn of the 34th, Darby of the 15th, Holt of the 54th, Hays of the 8th, Carlisle of the 51st, Land of the 21st, Dykes of the 2nd, Slade of the 14th, Edenfield of the 16th, Marshburn of the 33rd, Watson of the 36th, Brooks of the 23rd, Buff of the 44th, Home of the 13th, Breedlove of the 27th, Doster of the 48th, Kiker of the 41st, Mercer of the 49th, Nixon of the 35th, Lanier of the 20th, Skelton of the 30th, Perry of the 24th, Adams of the 22nd, Drew of the 12th and Roper of the 19th.
A bill to repeal Section 5 of an Act (Ga. Laws 1951, p. 224), as amended, dealing with the creation of a Civil Defense Advisory Council; and for other purposes.
Referred to the Committee on Government Operations.
SB 11. By Senators Jordan of the 25th, Sanders of the 18th, Culpepper of the 7th, Greer of the 6th, Redwine of the 26th, Jernigan of the 5th, Wright of the 42nd, Crowe of the 10th, Screws of the 9th, Lindsey of the llth, Mobley of the 17th, Smith of the 4th, Ramsey of the 1st, Gearreld of the 37th, Purcell of the 31st, Lindsey of the 53rd, Barrett of the 45th, Cannon of the 40th, Holton of the 46th, Livingston of the 38th, Roach of the 39th, Barrett of the 32nd, Clary of the 29th, Vaughn of the 34th, Darby of the 15th, Holt of the 54th, Hays of the 8th, Carlisle of the 51st, Land of the 21st, Dykes of the 2nd, Slade of the 14th, Edenfield of the 16th, Marshburn of the 33rd, Watson of the 36th, Brooks of the 23rd, Buff of the 44th, Home of the 13th, Breedlove of the 27th, Doster of the 48th, Kiker of the 41st, Mercer of the 49lh, Nixon of the 35th, Lanier of the 20th, Skelton of the 30th, Perry of the 24th, Adams of the 22nd, Drew of the 12th and Roper of the 19th.
A bill to repeal an Act (Ga. Laws 1941, p. 257), known as the "State Park Authority Act" dealing with the corporate operation of State Park facilities; and for other purposes.
Referred to the Committee on Government Operations.
SB 12. By Senators Jordan of the 25th, Sanders of the 18th, Culpepper of the 7th, Greer of the 6th, Redwine of the 26th, Jernigan of the 5th, Wright of the 42nd, Crowe of the 10th, Screws of the 9th, Lindsey of the llth, Mobley of the 17th, Smith of the 4th, Ramsey of the 1st, Gearreld of the 37th, Purcell of the 31st, Lindsey of the 53rd, Barrett of the 45th, Cannon of the 40th, Holton of the 46th, Livingston of the 38th, Roach of the 39th, Barrett of the 32nd, Clary of the 29th, Vaughn of the 34th, Darby of the 15th, Holt of the 54th, Hays of the 8th, Carlisle of the 51st, Land of the 21st, Dykes of the 2nd, Slade of the 14th, Edenfield of the 16th, Marshburn of the 33rd, Watson of the 36th, Brooks of the 23rd, Buff of the 44th, Home of the 13th, Breedlove of the 27th, Doster of the 48th, Kiker of the 41st, Mercer of the 49th, Nixon of the 35th, Lanier of the 20th, Skelton of the 30th, Perry of the 24th, Adams of the 22nd, Drew of the 12th and Roper of the 19th.
A bill to repeal an Act (Ga. Laws 1957, p. 446), dealing with the creation of a State Planning Commission; and for other purposes.
Referred to the Committee on Government Operations.
FRIDAY, JANUARY 16, 1959
53
SB 13. By Senators Jordan of the 25th, Sanders of the 18th, Culpepper of the 7th, Greer of the 6th, Redwine of the 26th, Jernigan of the 5th, Wright of the 42nd, Crowe of the 10th, Screws of the 9th, Lindsey of the llth, Mobley of the 17th, Smith of the 4th, Ramsey of the 1st, Gearreld of the 37th, Purcell of the 31st, Lindsey of the 53rd, Barrett of the 45th, Cannon of the 40th, Holton of the 46th, Livingston of the 38th, Roach of the 39th, Barrett of the 32nd, Clary of the 29th, Vaughn of the 34th, Darby of the 15th, Holt of the 54th, Hays of the 8th, Carlisle of the 51st, Land of the 21st, Dykes of the 2nd, Slade of the 14th, Edenfield of the 16th, Marshburn of the 33rd, Watson of the 36th, Brooks of the 23rd, Buff of the 44th, Home of the 13th, Breedlove of the 27th, Doster of the 48th, Kiker of the 41st, Mercer of the 49th, Nixon of the 35th, Lanier of the 20th, Skelton of the 30th, Perry of the 24th, Adams of the 22nd, Drew of the 12th and Roper of the 19th.
A bill to amend Sections 101-107 and 101-108 of the Code of Georgia so as to abolish the State Library Committee; to authorize all State officials to consult with the State Librarain; and for other purposes.
Referred to the Committee on Government Operations.
SB 14. By Senators Jordan of the 25th, Sanders of the 18th, Culpepper of the 7th, Greer of the 6th, Redwine of the 26th, Jernigan of the 5th, Wright of the 42nd, Crowe of the 10th, Screws of the 9th, Lindsey of the llth, Mobley of the 17th, Smith of the 4th, Ramsey of the 1st, Gearreld of the 37th, Purcell of the 31st, Lindsey of the 53rd, Barrett of the 45th, Cannon of the 40th, Holton of the 46th, Livingston of the 38th, Roach of the 39th, Barrett of the 32nd, Clary of the 29th, Vaughn of the 34th, Darby of the 15th, Holt of the 54th, Hays of the 8th, Carlisle of the 51st, Land of the 21st, Dykes of the 2nd, Slade of the 14th, Edenfield of the 16th, Marshburn of the 33rd, Watson of the 36th, Brooks of the 23rd, Buff of the 44th, Home of the 13th, Breedlove of the 27th, Doster of the 48th, Kiker of the 41st, Mercer of the 49th, Nixon of the 35th, Lanier of the 20th, Skelton of the 30th, Perry of the 24th, Adams of the 22nd, Drew of the 12th and Roper of the 19th.
A bill to amend an Act (Ga. Laws 1949, p. 1057), creating the office of Georgia Safety Fire Commissioner so as to abolish the Advisory Board and the Appeal Board provided for in said Act; to provide for appeals from rulings of State Fire Marshal; and for other purposes.
Referred to the Committee on Government Operations.
SB 15. By Senators Jordan of the 25th, Sanders of the 18th, Culpepper of the 7th, Greer of the 6th, Redwine of the 26th, Jernigan of the 5th, Wright of the 42nd, Crowe of the 10th, Screws of the 9th, Lindsey of the llth, Mobley of the 17th, Smith of the 4th, Ramsey of the 1st, Gearreld of the 37th, Purcell of the 31st, Lindsey of the 53rd, Barrett of the 45th, Cannon of the 40th, Holton of the 46th, Livingston of the 38th, Roach of the 39th, Barrett of the 32nd, Clary of the 29th, Vaughn of the 34th, Darby of the 15th, Holt of the 54th, Hays of the 8th, Carlisle of the 51st, Land of the 21st, Dykes of the 2nd, Slade of the 14th, Edenfield of the 16th, Marshburn of the 33rd, Watson of the 36th, Brooks of the 23rd, Buff of the 44th, Home of the 13th, Breedlove of the 27th, Doster of the 48th, Kiker of the 41st, Mercer of the 49th, Nixon of the 35th, Lanier of the 20th, Skelton of the 30th, Perry of the 24th, Adams of the 22nd, Drew of the 12th and Roper of the 19th.
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JOURNAL OF THE SENATE,
A bill to repeal Section 3 of an Act (Ga. Laws 1941, p. 237), dealing with the creation of an Aeronautics Advisory Board; and for other purposes.
Referred to the Committee on Government Operations.
SB 16. By Senators Jordan of the 25th, Sanders of the 18th, Culpepper of the 7th, Greer of the 6th, Redwine of the 26th, Jernigan of the 5th, Wright of the 42nd, Crowe of the 10th, Screws of the 9th, Lindsey of the llth, Mobley of the 17th, Smith of the 4th, Ramsey of the 1st, Gearreld of the 37th, Purcell of the 31st, Lindsey of the 53rd, Barrett of the 45th, Cannon of the 40th, Holton of the 46th, Livingston of the 38th, Roach of the 39th, Barrett of the 32nd, Clary of the 29th, Vaughn of the 34th, Darby of the 15th, Holt of the 54th, Hays of the 8th, Carlisle of the 51st, Land of the 21st, Dykes of the 2nd, Slade of the 14th, Edenfield of the 16th, Marshburn of the 33rd, Watson of the 36th, Brooks of the 23rd, Buff of the 44th, Home of the 13th, Breedlove of the 27th, Doster of the 48th, Kiker of the 41st, Mercer of the 49th, Nixon of the 35th, Lanier of the 20th, Skelton of the 30th, Perry of the 24th, Adams of the 22nd, Drew of the 12th and Roper of the 19th.
A bill to repeal an Act (Ga. Laws 1945, p. 170), known as the "Veterans Resettlement Act of 1945" dealing with the corporate financing of Veterans benefits; and for other purposes.
Referred to the Committee on Government Operations.
SB 17. By Senators Jordan of the 25th, Sanders of the 18th, Culpepper of the 7th, Greer of the 6th, Redwine of the 26th, Jernigan of the 5th, Wright of the 42nd, Crowe of the 10th, Screws of the 9th, Lindsey of the llth, Mobley of the 17th, Smith of the 4th, Ramsey of the 1st, Gearreld of the 37th, Purcell of the 31st, Lindsey of the 53rd, Barrett of the 45th, Cannon of the 40th, Holton of the 46th, Livingston of the 38th, Roach of the 39th, Barrett of the 32nd, Clary of the 29th, Vaughn of the 34th, Darby of the 15th, Holt of the 54th, Hays of the 8th, Carlisle of the 51st, Land of the 21st, Dykes of the 2nd, Slade of the 14th, Edenfield of the 16th, Marshburn of the 33rd, Watson of the 36th, Brooks of the 23rd, Buff of the 44th, Home of the 13th, Breedlove of the 27th, Doster of the 48th, Kiker of the 41st, Mercer of the 49th, Nixon of the 35th, Lanier of the 20th, Skelton of the 30th, Perry of the 24th, Adams of the 22nd, Drew of the 12th and Roper of the 19th.
A bill to repeal Section 6 (b) of an Act (Ga. Laws 1955, p. 431), known as the "Georgia Industrial Loan Act" dealing with the regulations of loans of $2,500 or less; and for other purposes.
Referred to the Committee on Government Operations.
SB 18. By Senators Jordan of the 25th, Sanders of the 18th, Culpepper of the 7th, Greer of the 6th, Redwine of the 26th, Jernigan of the 5th, Wright of the 42nd, Crowe of the 10th, Screws of the 9th, Lindsey of the llth, Mobley of the 17th, Smith of the 4th, Ramsey of the 1st, Gearreld of the 37th, Purcell of the 31st, Lindsey of the 53rd, Barrett of the 45th, Cannon of the 40th, Holton of the 46th, Livingston of the 38th, Roach of the 39th, Barrett of the 32nd, Clary of the 29th, Vaughn of the 34th, Darby of the 15th, Holt of the 54th, Hays of the 8th, Carlisle of the 51st, Land of the 21st, Dykes of the 2nd, Slade of the 14th, Edenfield
FRIDAY, JANUARY 16, 1959
55
of the 16th, Marshburn of the 33rd, Watson of the 36th, Brooks of the 23rd, Buff of the 44th, Home of the 13th, Breedlove of the 27th, Doster of the 48th, Kiker of the 41st, Mercer of the 49th, Nixon of the 35th, Lanier of the 20th, Skelton of the 30th, Perry of the 24th, Adams of the 22nd, Drew of the 12th and Roper of the 19th.
A bill to repeal an Act (Ga. Laws 1922, p. 71), and codified as Sections 99-401 through 99-405, in the Code of Georgia dealing with the Georgia Children's Code Commission; and for other purposes.
Referred to the Committee on Government Operations.
SB 19. By Senators Jordan of the 25th, Sanders of the 18th, Culpepper of the 7th, Greer of the 6th, Redwine of the 26th, Jernigan of the 5th, Wright of the 42nd, Crowe of the 10th, Screws of the 9th, Lindsey of the llth, Mobley of the 17th, Smith of the 4th, Ramsey of the 1st, Gearreld of the 37th, Purcell of the 31st, Lindsey of the 53rd, Barrett of the 45th, Cannon of the 40th, Holton of the 46th, Livingston of the 38th, Roach of the 39th, Barrett of the 32nd, Clary of the 29th, Vaughn of the 34th, Darby of the 15th, Holt of the 54th, Hays of the 8th, Carlisle of the 51st, Land of the 21st, Dykes of the 2nd, Slade of the 14th, Edenfield of the 16th, Marshburn of the 33rd, Watson of the 36th, Brooks of the 23rd, Buff of the 44th, Home of the 13th, Breedlove of the 27th, Doster of the 48th, Kiker of the 41st, Mercer of the 49th, Nixon of the 35th, Lanier of the 20th, Skelton of the 30th, Perry of the 24th, Adams of the 22nd, Drew of the 12th and Roper of the 19th.
A bill to amend an Act (Ga. Laws 1958, p. 208) providing for election of presidential electors so as to transfer the duties of the Board of Election Commissioners to the Elections Commission; and for other purposes.
Referred to the Committee on Government Operations.
SB 20. By Senators Jordan of the 25th, Sanders of the 18th, Culpepper of the 7th, Greer of the 6th, Redwine of the 26th, Jernigan of the 5th, Wright of the 42nd, Crowe of the 10th, Screws of the 9th, Lindsey of the llth, Mobley of the 17th, Smith of the 4th, Ramsey of the 1st, Gearreld of the 37th, Purcell of the 31st, Lindsey of the 53rd, Barrett of the 45th, Cannon of the 40th, Holton of the 46th, Livingston of the 38th, Roach of the 39th, Barrett of the 32nd, Clary of the 29th, Vaughn of the 34th, Darby of the 15th, Holt of the 54th, Hays of the 8th, Carlisle of the 51st, Land of the 21st, Dykes of the 2nd, Slade of the 14th, Edenfield of the 16th, Marshburn of the 33rd, Watson of the 36th, Brooks of the 23rd, Buff of the 44th, Home of the 13th, Breedlove of the 27th, Doster of the 48th, Kiker of the 41st, Mercer of the 49th, Nixon of the 35th, Lanier of the 20th, Skelton of the 30th, Perry of the 24th, Adams of the 22nd, Drew of the 12th and Roper of the 19th.
A bill to amend an Act (Ga. Laws 1958, p. 269), effecting a complete revision of the laws of this State relating to the qualifications and registration of voters, so as to transfer the duties of the State Regis tration and Election Information Board to the Elections Commission; and for other purposes.
Referred to the Committee on Government Operations.
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JOURNAL OF THE SENATE,
SB 21. By Senators Jordan of the 26th, Sanders of the 18th, Culpepper of the 7th, Greer of the 6th, Redwine of the 26th, Jernigan of the 5th, Wright of the 42nd, Crowe of the 10th, Screws of the 9th, Lindsey of the llth, Mobley of the 17th, Smith of the 4th, Ramsey of the 1st, Gearreld of the 37th, Purcell of the 31st, Lindsey of the 53rd, Barrett of the 45th, Cannon of the 40th, Holton of the 46th, Livingston of the 38th. Roach of the 39th, Barrett of the 32nd, Clary of the 29th, Vaughn of the 34th, Darby of the 15th, Holt of the 54th, Hays of the 8th, Carlisle of the 51st, Land of the 21st, Dykes of the 2nd, Slade of the 14th, Edenfield of the 16th, Marshburn of the 33rd, Watson of the 36th, Brooks of the 23rd, Buff of the 44th, Home of the 13th, Breedlove of the 27th, Doster of the 48th, Kiker of the 41st, Mercer of the 49th, Nixon of the 35th, Lanier of the 20th, Skelton of the 30th, Perry of the 24th, Adams of the 22nd, Drew of the 12th and Roper of the 19th.
A bill to amend Section 34-2402 of the Code of Georgia relating to the election and canvassing of votes for United States Senators so as to provide that the Elections Commission shall canvas such votes; and for other purposes.
Referred to the Committee on Government Operations.
SB 22. By Senators Jordan of the 25th, Sanders of the 18th, Culpepper of the 7th, Greer of the 6th, Redwine of the 26th, Jernigan of the 5th, Wright of the 42nd, Crowe of the 10th, Screws of the 9th, Lindsey of the llth, Mobley of the 17th, Smith of the 4th, Ramsey of the 1st, Gearreld of the 37th, Purcell of the 31st, Lindsey of the 53rd, Barrett of the 45th, Cannon of the 40th, Holton of the 46th, Livingston of the 38th, Roach of the 39th, Barrett of the 32nd, Clary of the 29th, Vaughn of the 34th, Darby of the 15th, Holt of the 54th, Hays of the 8th, Carlisle of the 51st, Land of the 21st, Dykes of the 2nd, Slade of the 14th, Edenfield of the 16th, Marshburn of the 33rd, Watson of the 36th, Brooks of the 23rd, Buff of the 44th, Home of the 13th, Breedlove of the 27th, Doster of the 48th, Kiker of the 41st, Mercer of the 49th, Nixon of the 35th, Lanier of the 20th, Skelton of the 30th, Perry of the 24th, Adams of the 22nd, Drew of the 12th and Roper of the 19th.
A bill to amend an Act (Ga. Laws 1953, Jan.-Feb. Sess. p. 244), pro viding for absentees voting by members of the military so as to trans fer the duties of the State War Ballot Commission to the Elections Commission; and for other purposes.
Referred to the Committee on Government Operations.
SB 23. By Senators Jordan of the 25th, Sanders of the 18th, Culpepper of the 7th, Greer of the 6th, Redwine of the 26th, Jernigan of the 5th, Wright of the 42nd, Crowe of the 10th, Screws of the 9th, Lindsey of the llth, Mobley of the 17th, Smith of the 4th, Ramsey of the 1st, Gearreld of the 37th, Purcell of the 31st, Lindsey of the 53rd, Barrett of the 45th, Cannon of the 40th, Holton of the 46th, Livingston of the 38th, Roach of the 39th, Barrett of the 32nd, Clary of the 29th, Vaughn of the 34th, Darby of the 15th, Holt of the 54th, Hays of the 8th, Carlisle of the 51st, Land of the 21st, Dykes of the 2nd, Slade of, the 14th, Edenfield of the 16th, Marshburn of the 33rd, Watson of the 36th, Brooks of the 23rd, Buff of the 44th, Home of the 13th, Breedlove of the 27th, Doster of the 48th, Kiker of the 41st, Mercer of the 49th, Nixon of the
FRIDAY, JANUARY 16, 1959
57
35th, Lanier of the 20th, Skelton of the 30th, Perry of the 24th, Adams of the 22nd, Drew of the 12th and Roper of the 19th.
A bill creating the Elections Commission; to provide for the composition, duties, powers and functions of said Commission; and for other pur poses.
SR 14. By Senators Sanders of the 18th:
A resolution proposing an amendment to the Constitution so as to pro vide for succession to office of Governor in event the Governor-Elect dies prior to the time he qualifies; and for other purposes.
Referred to the Committee on Rules.
Senator Sanders of the 18th moved that the Senate do now adjourn until 10 o'clock Monday morning, and the motion prevailed.
The president announced the Senate adjourned until 10 o'clock Monday morning.
58
JOURNAL OP THE SENATE,
Senate Chamber, Atlanta, Georgia, Monday, January 19, 1959.
The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the president.
Scripture reading and prayer was offered by Rev. Gay Hutcheson, pastor First Methodist Church, Dublin, Georgia.
By unanimous consent the call of the roll was dispensed with.
Senator Clary of the 29th reported that the journal of yesterday's proceed ings had been examined and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Sanders of the 18th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and consideration of bills and resolutions.
The consent was granted.
The following bills and resolutions were read the second time:
SB 1. By Senators Sanders of the 18th, Jordan of the 25th and many others:
A bill to implement the power of the Governor as conservator of the peace throughout the State; to define the powers with respect to the operation of public schools; to provide for the closing of public schools; and for other purposes.
SB 2. By Senators Sanders of the 18th, Jordan of the 25th and many others:
A bill to implement the powers of the Governor as conservator of the peace; to authorize the Governor to close any school under control of the Board of Regents; and for other purposes.
SB 3. By Senators Sanders of the 18th, Jordan of the 25th and many others:
A bill to govern the admission of students to the University of Georgia as to age; to declare exceptions; and for other purposes.
SB 4. By Senator Sanders of the 18th, Jordan of the 25th and many others:
A bill to provide for the conduct of certain actions; to provide for the designation of counsel in certain actions; and for other purposes.
MONDAY, JANUARY 19, 1959
59
SB 5. By Senators Sanders of the 18th, Jordan of the 25th and many others:
A bill to amend the Act known as the "State Toll Bridge Authority Act" (Ga. Laws 1953, p. 302) so as to vest the management of the authority in the persons who compose the membership of the State Highway Board; and for other purposes.
SB 6. By Senators Sanders of the 18th, Jordan of the 25th and many others:
A bill to amend the Act known as the "State Bridge Building Authority Act" (Ga. Laws 1953, p. 626) so as to vest the management of the authority in the persons who compose the membership of the State Highway Board; and for other purposes.
SB 7. By Senators Sanders of the 18th, Jordan of the 25th and many others:
A bill to amend the Act known as the "State Rural Roads Authority Act" (Ga. Laws 1955, p. 124) so as to vest the management of the authority in the persons who compose the membership of the State Highway Board; and for other purposes.
SB 8. By Senators Sanders of the 18th, Jordan of the 25th and many others:
A bill to repeal a Resolution and all amendments thereto, (Ga. Laws 1953, Nov.-Dec. Sess., p. 64), dealing with the creation of the Georgia Commission on Education; and for other purposes.
SB 9. By Senators Sanders of the 18th, Jordan of the 25th and many others:
A bill to repeal an Act (Ga. Laws 1945, p. 150), dealing with the erection and supervision of war memorials; and for other purposes.
SB 10. By Senators Sanders of the 18th, Jordan of the 25th and many others:
A bill to repeal Section 5 of an Act (Ga. Laws 1951, p. 224), as amended, dealing with the creation of a Civil Defense Advisory Council; and for other purposes.
SB 11. By Senators Sanders of the 18th, Jordan of the 25th and many others:
A bill to repeal an Act (Ga. Laws 1941, p. 257), known as the "State Park Authority Act" dealing with the corporate operation of State Park facilities; and for other purposes.
SB 12. By Senators Sanders of the 18th, Jordan of the 25th and many others:
A bill to repeal an Act (Ga. Laws 1957, p. 446), dealing with the cre ation of a State Planning Commission; and for other purposes.
SB 13. By Senators Sanders of the 18th, Jordan of the 25th and many others:
A bill to amend Sections 101-107 and 101-108 of the Code of Georgia so as to abolish the State Library Committee; to authorize all State offi cials to consult with the State Librarian; and for other purposes.
SB 14. By Senators Sanders of the 18th, Jordan of the 25th and many others:
A bill to amend an Act (Ga. Laws 1949, p. 1057), creating the office
60
JOURNAL OF THE SENATE,
of Georgia Safety Fire Commissioner so as to abolish the Advisory Board and the Appeal Board provided for in said Act; to provide for appeals from rulings of State Fire Marshal; and for other purposes.
SB 15. By Senator Sanders of the 18th, Jordan of the 25th and many others:
A bill to repeal Section 3 of an Act (Ga. Laws 1941, p. 237), dealing with the creation of an Aeronautics Advisory Board; and for other purposes.
SB 16. By Senators Sanders of the 18th, Jordan of the 25th and many others:
A bill to repeal an Act (Ga. Laws 1945, p. 170), known as the "Veterans Resettlement Act of 1945" dealing with the corporate financing of Veterans benefits; and for other purposes.
SB 17. By Senators Sanders of the 18th, Jordan of the 25th and many others:
A bill to repeal Section 6 (b) of an Act (Ga. Laws 1955, p. 431), known as the "Georgia Industrial Loan Act" dealing with the regulations of loans of $2,500 or less; and for other purposes.
SB 18. By Senators Sanders of the 18th, Jordan of the 25th and many others:
A bill to repeal an Act (Ga. Laws 1922, p. 71), and codified as Sections 99-401 through 99-405, in the Code of Georgia dealing with the Georgia Childrens Code Commission; and for other purposes.
SB 19. By Senators Sanders of the 18th, Jordan of the 25th and others:
A bill to amend an Act (Ga. Laws 1958, p. 208) providing for election of presidential electors so as to transfer the duties of the Board of Election Commissioners to the Elections Commission; and for other purposes.
SB 20. By Senators Sanders of the 18th, Jordan of the 25th and many others:
A bill to amend an Act (Ga. Laws 1958, p. 269), effecting a complete revision of the laws of this State relating to the qualifications and registration of voters, so as to transfer the duties of the State Registra tion and Election Information Board to the Elections Commission; and for other purposes.
SB 21. By Senators Sanders of the 18th, Jordan of the 25th and many others:
A bill to amend Section 34-2402 of the Code of Georgia relating to the election and canvassing of votes for United States Senators so as to provide that the Elections Commission shall canvass such votes; and for other purposes.
SB 22. By Senator Sanders of the 18th, Jordan of the 25th and many others:
A bill to amend an Act (Ga. Laws 1953, Jan.-Feb. Sess. p. 244), pro viding for absentees voting by members of the military so as to transfer the duties of the State War Ballot Commission to the Elections Com mission; and for other purposes.
MONDAY, JANUARY 19, 1959
61
SB 23. By Senators Sanders of the 18th, Jordan of the 25th and many others:
A bill creating the Elections Commission; to provide for the composition, duties, powers and functions of said Commission; and for other purposes.
SR 14. By Senator Sanders of the 18th:
A resolution proposing an amendment to the Constitution so as to pro vide for succession to office of Governor in event the Governor-Elect dies prior to the time he qualifies; and for other purposes.
Senator Vaughn of the 34th District, Secretary of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following bills of the Senate and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
SB 1. Do Pass.
SB 2. Do Pass.
Respectfully submitted,
Vaughn of 34th District,
Secretary.
Senator Jernigan of the 5th District, Chairman of the Committee on Edu cational Matters, has submitted the following report:
Mr. President:
Your Committee on Educational Matters has had under consideration the following bills of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 3. Do Pass.
SB 4. Do Pass.
Respectfully submitted,
Jernigan of 5th District,
Chairman.
Senator Culpepper of the 7th District, Chairman of the Committee on Govern ment Operations, submitted the following report:
Mr. President:
Your Committee on Government Operations has had under consideration the following bills of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 5. Do Pass.
SB 6. Do Pass.
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JOURNAL OP THE SENATE,
SB 7. Do Pass. SB 8. Do Pass. SB 9. Do Pass. SB 10. Do Pass. SB 11. Do Pass. SB 12. Do Pass. SB 13. Do Pass. SB 14. Do Pass. SB 15. Do Pass. SB 16. Do Pass. SB 17. Do Pass. SB 18. Do Pass. SB 19. Do Pass. SB 20. Do Pass. SB 21. Do Pass. SB 22. Do Pass. SB 23. Do Pass.
Respectfully submitted, Culpepper of 7th District, Chairman.
The hour for convening the joint session of the Senate and House having arrived, the president, accompanied by the secretary and the senators, proceeded to the hall of the House of Representatives for the purpose of electing a member of the State Highway Board from the Southern District of Georgia.
The resolution providing for the joint session was read by the secretary of the Senate.
Mr. Gowen of Glynn placed in nomination Honorable James L. Gillis, Sr., of Treutlen County, to be commissioned as a member of the State Highway Board of Georgia from the Southern Highway District for the unexpired term of Honorable Roy P. Chalker ending on February 6, 1962.
Mr. Freeman of Monroe, Senator Sanders of the 18th and Mr. Twitty of Mitchell seconded the nomination of Honorable James L. Gillis.
The nominations were closed and Mr. Twitty of Mitchell offered the follow ing resolution:
A RESOLUTION
BE IT RESOLVED by the House of Representatives, the Senate concurring, that Honorable James L. Gillis, Sr., of the County of Treut-
MONDAY, JANUARY 19, 1959
63
len is hereby elected and declared to be a member of the State Highway Board of Georgia, from the Southern Highway District, for the unexpired term of Honorable Roy F. Chalker ending February 8, 1962.
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered to his Excellency, the Governor, and the Secretary of State, and said Honorable James L. Gillis, Sr., be commissioned as a member of the State Highway Board of Georgia from the Southern Highway District for the unexpired term of Honorable Roy F. Chalker ending on February 8, 1962.
Mr. Twitty of Mitchell moved that the secretary of the Senate cast the unanimous vote of the House and Senate for the adoption of the resolution.
The motion prevailed and the president appointed as a committee to inform Honorable James L. Gillis of the action of the General Assembly:
Senators Sanders of the 18th, Greer of the 6th, Jordan of the 25th, Mr. Fowler of Treutlen, Mr. Walker of Lowndes, Mr. Musgrove of Clinch, Mr. Jones of Union and Mr. Underwood of Montgomery.
Senator Sanders of the 18th moved that the joint session be now dissolved and the motion prevailed.
The president of the Senate announced the joint session now dissolved.
The senators returned to the Senate chamber and resumed the regular order of business.
Senator Culpepper of the 7th moved that the Senate do now adjourn, and the motion prevailed.
The president announced the Senate adjourned until 10 o'clock tomorrow morning.
64
JOURNAL OF THE SENATE,
Senate Chamber, Atlanta, Georgia, Tuesday, January 20, 1959.
The Senate met pursuant to adjournment at 10 o'clock this morning and was called to order by the president.
Scripture reading and prayer was offered by Rev. Guy Hutcheson, pastor First Methodist Church, Dublin.
The roll was called and the following senators answered to their names:
Adams Barrett, 32nd Barrett, 45th Breedlove Brooks Brown Buff Cannon Carlisle Clary Crowe Culpepper Darby Doster Drew Dykes Edenfield Gearreld
Greer Hays Holt Holton Home Jernigan Jordan Kiker Land Lanier Lindsey, llth Lindsey, 53rd Livingston Marshall Marshburn Mercer Mobley MeGill
Nixon Pannell Perry Purcell Ramsey Redwine Roach Roper Sanders Screws Shaw Skelton Slade Smith Vaughn Wright
Senator Clary of the 29th reported that the journal of yesterday's pro ceedings had been examined and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Sanders of the 18th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and consideration of bills and resolutions.
The consent was granted.
The following bills, favorably reported by the committees, were read the third time and put upon their passage:
TUESDAY, JANUARY 20, 1959
65
SB 1. By Senators Sanders of the 18th, Jordan of the 25th and many others:
A bill to implement the power of the Governor as conservator of the peace throughout the States; to define the powers with respect to the operation of public schools; to provide for the closing of public schools; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, Senator Sanders of the 18th called for the ayes and nays and the call was sustained.
A roll call was ordered and the vote was as follows:
Those voting in the affirmative were Senators:
Adams Barrett, 32nd Barrett, 45th Breedlove Brooks Brown Buff Cannon Carlisle Clary Crowe Culpepper Darby Doster Drew Dykes Edenfield Gearreld
Greer
Hays
Holt
Holton
Home
Jernigan
Jordan
Kennedy
Kiker
Land
Lanier
Lindsey, llth
Lindsey, 53rd
Livingston
Marshall
Marshburn
Mercer
Mobley
McGill Nixon Pannell Perry Purcell Ramsey Redwine Roach Roper Sanders Screws Shaw Skelton Smith Vaughn Watson Wright
By unanimous consent, the verification of the roll call was dispensed with.
The bill, having received the requisite constitutional majority, was passed.
Senator Jordan of the 25th asked unanimous consent that SB 1 be immedi ately transmitted to the House and the consent was granted.
SB 2. By Senators Sanders of the 18th, Jordan of the 25th and many others:
A bill to implement the powers of the Governor as conservator of the the peace; to authorize the Governor to close any school under control of the Board of Regents; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, Senator Sanders of the 18th called for the ayes and nays, and the call was sustained.
66
JOURNAL OF THE SENATE,
A roll call was ordered and the vote was as follows:
Those voting in the affirmative were Senators:
Adams Barrett, 32nd Barrett, 45th Breedlove Brooks Brown Buff Cannon Carlisle Clary Crowe
Culpepper Darby Doster Drew Dykes Edenfield Gearreld
Greer Hays Holt Holton Home Jernigan Jordan Kennedy Kiker Land Lanier Lindsey, llth Lindsey, 53rd Livingston Marshall Marshburn Mercer Mobley
McGill Nixon Pannell
Perry Purcell Ramsey Redwine Roach Roper Sanders Screws Shaw Skelton Smith Vaughn Watson Wright
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 53, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Jordan of the 25th asked unanimous consent that SB 2 be immedi ately transmitted to the House, and the consent was granted.
SB 3. By Senators Sanders of the 18th, Jordan of the 25th and many others:
A bill to govern the admission of students to the University of Georgia as to age; to declare exceptions; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, Senator Sanders of the 18th called for the ayes and nays, and the call was sustained.
A roll call was ordered and the vote was as follows:
Those voting in the affirmative were Senators:
Adams Barrett, 32nd Barrett, 45th Breedlove Brooks Buff Cannon Carlisle
Clary Crowe Culpepper Darby Doster Drew Dykes Edenfield
Gearreld Greer Hays Holt HoUon Home Jernigan Jordan
TUESDAY, JANUARY 20, 1959
67
Kennedy Kiker Land Lanier Lindsey, llth Lindsey, 53rd Livingston Marshall Marshburn
Mobley McGill Nixon Pannell Perry Purcell Ramsey Redwine Roach
Sanders Screws Shaw Skelton Smith Vaughn Watson Wright
Those voting in the negative were Senators:
Brown
Mercer
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 50, nays 2.
The bill, having received the requisite constitutional majority, was passed.
Senator Jordan of the 25th asked unanimous consent that SB 3 be immedi ately transmitted to the House, and the consent was granted.
Senator Slade of the 14th addressed the Senate, stating his position on SB 1, SB 2 and SB 3 and explained that had he been in the Senate Chamber he would have cast his vote for each of the three bills.
Senator Slade asked unanimous consent that his remarks be incorporated in the Journal, and the consent was granted.
SB 4. By Senators Sanders of the 18th, Jordan of the 25th and many others:
A bill to provide for the conduct of certain actions; to provide for the designation of counsel in certain actions; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, Senator Sanders of the 18th called for the ayes and nays, and the call was sustained.
A roll call was ordered and the vote was as follows:
Those voting in the affirmative were Senators:
Adams Barrett, 32nd Barrett, 45th Breedlove Brooks Brown Buff Cannon Carlisle
Clary Crowe Culpepper Darby Doster Drew Dykes Edenfield Gearreld
Greer Hays Holt Holton Home Jernigan Jordan Kennedy Kiker
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JOURNAL OF THE SENATE,
Land Lanier Lindsey, llth Lindsey, 53rd Livingston Marshall Marshburn Mercer Mobley
McGill Nixon Pannell Perry Purcell Ramsey Redwine Roach Roper
Sanders Screws Shaw Skelton Slade Vaughn Watson Wright
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes 53, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Jordan of the 25th asked unanimous consent that SB 4 be immedi ately transmitted to the House, and the consent was granted.
SB 5. By Senators Sanders of the 18th, Jordan of the 25th and many others: A bill to amend the act known as the "State Toll Bridge Authority Act" (Ga. Laws 1953, p. 302) so as to vest the management of the authority in the persons who compose the membership of the State Highway Board; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 6. By Senators Sanders of the 18th, Jordan of the 25th and many others:
A bill to amend the act known as the "State Bridge Building Authority Act" (Ga. Laws 1953, p. 626) so as to vest the management of the authority in the persons who compose the membership of the State Highway Board; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 7. By Senators Sanders of the 18th, Jordan of the 25th and many others:
A bill to amend the Act known as the "State Rural Roads Authority Act" (Ga. Laws 1955, p. 124) so as to vest the management of the Authority in the persons who compose the membership of the State Highway Board; and for other purposes.
TUESDAY, JANUARY 20, 1959
69
The report of the committee, which was favorable to the passage of the bill was agreed to.
On the passage of the bill, the ayes were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 8. By Senators Sanders of the 18th, Jordan of the 25th, and many others:
A bill to repeal a resolution and all amendments thereto, (Ga. Laws 1953, Nov.-Dec. Sess., p. 64), dealing with the creation of the Georgia Commission on Education; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 9. By Senators Sanders of the 18th, Jordan of the 25th and many others:
A bill to repeal an act (Ga. Laws 1945, p. 150), dealing with the erection and supervision of war materials; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 10. By Senators Sanders of the 18th, Jordan of the 25th and many others:
A bill to repeal section 5 of an act (Ga. Laws 1951, p. 224), as amended, dealing with the creation of a Civil Defense Advisory Council; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Ramsey of the 1st District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administration Affairs has read and examined the following bills and/or resolutions of the Senate and has instructed me, as
70
JOURNAL OF THE SENATE,
Chairman, to report the same back to the Senate as correct and ready for trans mission to the House:
SB 1. SB 2. SB 3. SB 4.
Respectfully submitted, Ramsey of the 1st District,
Chairman.
The following resolution was read and adopted:
SR 15. By Senators Sanders of the 18th and Jordan of the 25th:
A resolution paying tribute to the Mayors and other municipal officials and employees; and for other purposes.
Senator Sanders of the 18th moved that the Senate do now adjourn, and the motion prevailed.
The president announced the Senate adjourned until 10 o'clock tomorrow morning.
WEDNESDAY, JANUARY 21, 1959
71
Senate Chamber, Atlanta, Georgia, Wednesday, January 21, 1959
The Senate met pursuant to adjournment at 10:00 o'clock this morning and was called to order by the president.
Scripture reading and prayer was offered by the chaplain.
By unanimous consent the call of the roll was dispensed with.
Senator Brown of the 52nd asked unanimous consent to include the following in the Journal of yesterday:
January 20, 1959
Please include in Senate Journal for January 20, 1959.
My reason for voting for Senate Bill No. 1 is that it will enable the Governor to close only one school rather than closing down the entire school system as required by the present law.
Charlie Brown
Senator Charlie Brown Pulton -- 52nd
The consent was granted.
Senator Clary of the 29th reported that the journal of yesterday's pro ceedings had been read and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Sanders of the 18th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and references. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and consideration of bills and resolutions.
The consent was granted.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House to wit:
72
JOURNAL OF THE SENATE,
HB 2. By Messrs. Smith of Emanuel, Twitty of Mitchell, Trotter of Troup, and others:
A bill to be entitled an act to establish and constitute the Governor's Commission on Economy and Reorganization, to define its functions, powers, and duties, to provide funds; and for other purposes.
HB 3. By Messrs. Smith of Emanuel, Twitty of Mitchell, Underwood of Montgomery, and others:
A bill to be entitled an act to create and establish a Joint Committee on the Operations of the General Assembly; to define its powers and duties; and for other purposes.
HB 4. By Messrs. Smith of Emanuel, Twitty of Mitchell, Busbee of Dougherty, and others:
A bill to be entitled an act to create a Commission known as the Gov ernor's Commission on Constitutional Government, to provide its powers and duties, to provide funds; and for other purposes.
HB 5. By Messrs. Smith of Emanuel, Twitty of Mitchell, Hodges and Parker of Ware, and others:
A bill to be entitled an act to provide for support of independent school systems which municipal corporations are authorized by the Consti tution to maintain; to authorize ad valorem taxation; and for other purposes.
HB 6. By Messrs. Smith of Emanuel, Twitty of Mitchell, Ray of Warren, and others:
A bill to be entitled an act to amend an act known as the "Entomology Act of 1937", dealing with creation of such department, its powers and duties; and for other purposes.
HB 7. By Messrs. Smith of Emanuel, Twitty of Mitchell, Fowler of Treutlen, and others:
A bill to be entitled an act to amend an act dealing with the Employees' Suggestion Award Board, by transferring the functions to the State Merit System; and for other purposes.
HB 8. By Messrs. Smith of Emanuel, Twitty of Mitchell, Payton of Coweta, and others:
A bill to be entitled an act to amend an act creating the State Board of Pardons and Paroles, so as to abolish the Advisory Staff, a division of said Board; and for other purposes.
HB 9. By Messrs. Smith of Emanuel, Twitty of Mitchell, Floyd of Chattooga, and others:
A bill to be entitled an act to amend an act dealing with the negotiations of reciprocal agreements between states concerning motor vehicles; vesting authority in the Governor; and for other purposes.
WEDNESDAY, JANUARY 21, 1959
73
HB 10. By Messrs. Smith of Emanuel, Twitty of Mitchell, Winkle of Whitfield, and others:
A bill to be entitled an act to amend an act relating to the destruction of records of the various State departments; and for oher purposes.
HB 11. By Messrs. Smith of Emanuel, Twitty of Mitchell, Fuqua of Richmond, and others:
A bill to be entitled an act to amend an act known as the "State School Building Authority Act", to provide for composition of State School Building Authority, to declare legislative intent; and for other purposes.
HB 13. By Messrs. Twitty of Mitchell, Smith of Emanuel, Underwood of Montgomery, and many others:
A bill to be entitled an act to amend an act relating to the organization, powers and duties of the Forestry Commission; and for other purposes.
HB 14. By Messrs. Smith of Emanuel, Twitty of Mitchell, Branch and Bostick of Tift, and others:
A bill to be entitled an act to amend an act known as the "University System Building Authority Act", to provide for composition of the University System Building Authority; to declare legislative intent; and for other purposes.
The following Bills were introduced, read the first time and referred to committees:
SB 24. By Senator Clary of the 29th:
A bill to provide that any person charged with any offense under the game and fish laws of this State shall be allowed to enter a plea of guilty in the court of ordinary in certain counties; and for other purposes.
Referred to the Committee on Agriculture and Natural Resources.
SB 25. By Senator Vaughn of the 34th:
A bill to provide that any child found delinquent and sentenced by a juvenile court shall be confined only in a state training school; and for other purposes.
Referred to the Committee on Penal and Correctional Affairs.
SB 26. By Senator Dykes of the 2nd:
A bill to amend the act establishing the City Court of Hinesville so as to change the salary of the Judge of said court; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 27. By Senators Vaughn of the 34th and Nixon of the 35th:
A bill to limit the deficiency judgments on debts secured by bills of sale to secure a debt; and for other purposes.
Referred to the Committee on Judiciary.
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JOURNAL OF THE SENATE,
SB 28. By Senator Perry of the 24th:
A bill to authorize the Solicitors General of the Superior Court in certain Judicial Circuits to appoint investigators; and for other pur poses.
Referred to the Committee on County and Municipal Governments.
HB 2. By Messrs. Smith of Emanuel, Twitty of Mitchell, Trotter of Troup and others:
A bill to establish and constitute the Governor's Commission on Economy and Reorganization, to define its functions, powers and duties, to provide funds; and for other purposes.
Referred to Committee on Government Operations.
HB 3. By Messrs. Smith of Emanuel, Twitty of Mitchell, Underwood of Montgomery and others:
A bill to create and establish a joint Committee on the Operations of the General Assembly; to define its powers and duties; and for other purposes.
Referred to Committee on Government Operations.
HB 4. By Messrs. Smith of Emanuel, Twitty of Mitchell, Busbee of Dougherty and others:
A bill to create a Commission known as the Governor's Commission on Constitutional Government, to provide its powers and duties, to provide funds; and for other purposes.
Referred to Committee on Rules.
HB 5. By Messrs. Smith of Emanuel, Twitty of Mitchell, Hodges and Parker of Ware, and others:
A bill to provide for support of independent school systems which municipal corporations are authorized by the constitution to maintain; to authorize ad valorem taxation; and for other purposes.
Referred to Committee on Rules.
HB 6. By Messrs. Smith of Emanuel, Twitty of Mitchell, Ray of Warren, and others:
A bill to amend an act known as the "Entomology Act of 1937", dealing with creation of such department, its powers and duties; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 7. By Messrs. Smith of Emanuel, Twitty of Mitchell, Fowler of Treutlen and others:
A bill to amend an act dealing with the Employees' Suggestion Award Board, by transferring the functions to the State Merit System; and for other purposes. Referred to Committee on Government Operations.
WEDNESDAY, JANUARY 21, 1959
75
HB 8. By Messrs. Smith of Emanuel, Twitty of Mitchell, Payton of Coweta and others:
A bill to amend an act creating the State Board of Pardons and Paroles, so as to abolish the Advisory Staff, a division of said Board; and for other purposes.
Referred to Committee on Judiciary.
HB 9. By Messrs. Smith of Emanuel, Twitty of Mitchell, Floyd of Chattooga, and others:
A bill to amend an act dealing with the negotiations of reciprocal agreements between states concerning motor vehicles; vesting authority in the Governor; and for other purposes.
Referred to Committee on Rules.
HB 10. By Messrs. Smith of Emanuel, Twitty of Mitchell, Winkle of Whitfield and others:
A bill to amend an act relating to the destruction of records of the various State departments; and for other purposes.
Referred to Committee on Government Operations.
HB 11. By Messrs. Smith of Emanuel, Twitty of Mitchell, Puqua of Richmond and others:
A bill to amend an act known as the "State School Building Authority Act", to provide for composition of State School Building Authority, to declare legislative intent; and for other purposes.
Referred to Committee on Educational Matters.
HB 13. By Messrs. Twitty of Mitchell, Smith of Emanuel, Underwood of Montgomery and many others:
A bill to amend an act relating to the organization, powers and duties of the Forestry Commission; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 14. By Messrs. Smith of Emanuel, Twitty of Mitchell, Branch and Bostick of Tift and others:
A bill to amend an act known as the "University System Building Authority Act", to provide for compensation of the University System Building Authority; to declare legislative intent; and for other purposes.
Referred to Committee on Educational Matters.
Senator Ramsey of the 1st District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bills and/or resolutions of the Senate and has instructed me, as
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JOURNAL OF THE SENATE,
Chairman, to report the same back to the Senate as correct and ready for trans mission to the House:
SB 5.
SB 6.
SB 7.
SB 8.
SB 9.
SB 10.
Respectfully submitted,
Ramsey of the 1st District,
Chairman.
The following bills, favorably reported by the committees, were read the third time and put upon their passage.
SB 11. By Senator Sanders of the 18th, Jordan of the 25th and many others:
A bill to repeal an act (Ga. Laws 1941, p. 257), known as the "State Park Authority Act" dealing with the corporate operation of State Park facilities; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 12. By Senators Sanders of the 18th, Jordan of the 25th and many others:
A bill to repeal an Act (Ga. Laws 1957, p. 446), dealing with the creation of a State Planning Commission; and for other purposes.
Senator Sanders of the 18th offered the following substitute:
A BILL
To be entitled an Act to amend an Act creating the State Planning Commission, approved March 13, 1957 (Ga. Laws 1957, p. 446), so as to abolish the State Planning Commission; to abolish the office of Director of Planning; to transfer the powers, duties and functions of the State Planning Commission to the Board of Commissioners of the Department of Commerce; to transfer certain duties of the Secretary to the Board; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. An Act creating the State Planning Commission, ap proved March 13, 1957 (Ga. Laws 1957, p. 446), is hereby amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5, to read as follows:
WEDNESDAY, JANUARY 21, 1959
77
"Section 5. The State Planning Commission created herein is hereby abolished, and the office of Director of Planning is hereby abolished. The powers, duties and functions of the State Planning Commission provided herein are hereby transferred and shall be the powers, duties and functions of the Board of Commissioners of the Department of Commerce."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, the ayes were 46, nays 0, and the sub stitute was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.
On the passage of the bill, the ayes were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 13. By Senators Sanders of the 18th, Jordan of the 25th and many others:
A bill to amend sections 101-107 and 101-108 of the code of Georgia so as to abolish the State Library Committee; to authorize all State officials to consult with the State Librarian; and for oher purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 14. By Senators Sanders of the 18th, Jordan of the 25th and many others:
A bill to amend an Act (Ga. Laws 1949, p. 1057), creating the office of Georgia Safety Fire Commissioner so as to abolish the Advisory Board and the Appeal Board provided for in said act; to provide for appeals from rulings of State Fire Marshal; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 15. By Senator Sanders of the 18th, Jordan of the 25th and many others:
A bill to repeal section 3 of an act (Ga. Laws 1941, p. 237), dealing with the creation of an Aeronautics Advisory Board; and for other purposes.
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The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 16. By Senators Sanders of the 18th, Jordan of the 25th and many others:
A bill to repeal an act (Ga. Laws 1945, p. 170), known as the "Veterans Resettlement Act of 1945" dealing with the corporate financing of Veterans benefits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 17. By Senators Sanders of the 18th, Jordan of the 25th and many others: A bill to repeal section 6 (b) of an act (Ga. Laws 1955, p. 431), known as the "Georgia Industrial Loan Act" dealing with the regulations of loans of $2,500 or less; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 18. By Senators Sanders of the 18th, Jordan of the 25th and many others:
A bill to repeal an act (Ga. Laws 1922, p. 71), and codified as Sections 99-401 through 99-405, in the Code of Georgia dealing with the Georgia Childrens Code Commission; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 19. By Senators Sanders of the 18th, Jordan of the 25th and many others:
A bill to amend an act (Ga. Laws 1958, p. 208) providing for election of presidential electors so as to transfer the duties of the Board of Election Commissioners to the Elections Commission; and for other purposes.
WEDNESDAY, JANUARY 21, 1959
79
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 20. By Senators Sanders of the 18th, Jordan of the 25th and many others: A bill to amend an act (Ga. Laws 1958, p. 269), effecting a complete revision of the laws of this State relating to the qualifications and registration of voters, so as to transfer the duties of the State Registra tion and Election Information Board to the Elections Commission; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 21. By Senators Sanders of the 18th, Jordan of the 25th and many others: A bill to amend section 34-2402 of the code of Georgia relating to the election and canvassing of votes for United States Senators so as to provide that the Elections Commission shall canvass such votes; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 22. By Senators Sanders of the 18th, Jordan of the 25th and many others: A bill to amend an act (Ga. Laws 1953, Jan.-Feb. Sess. p. 244), pro viding for absentees voting by members of the military so as to transfer the duties of the State War Ballot Commission to the Elections Com mission; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 23. By Senators Sanders of the 18th, Jordan of the 25th and many others: A bill creating the Elections Commission; to proivde for the compo-
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sition, duties, powers and functions of said Commission; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Sanders of the 18th moved that the Senate do now adjourn, and the motion prevailed.
The president announced the Senate adjourned until 10 o'clock tomorrow morning.
THURSDAY, JANUARY 22, 1959
81
Senate Chamber, Atlanta, Georgia, Thursday, January 22, 1959.
The Senate met pursuant to adjournment at 10:00 o'clock this morning and was called to order by the president.
Scripture reading and prayer was offered by the chaplain.
By unanimous consent the call of the roll was dispensed with.
Senator Clary of the 29th reported that the journal of yesterday's pro ceedings had been read and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Sanders of the 18th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and consideration of bills and resolutions.
The consent was granted.
The following resolution was read and adopted:
SR 16. By Senators Sanders of the 18th, Carlisle of the 51st, Vaughn of the 34th, Greer of the 6th, Dews of the 12th, Screws of the 9th, Marshburn of the 33rd, Purcell of the 31st, Roach of the 39th, Darby of the 15th, Skelton of the 30th, Crowe of the 10th, Land of the 21st, Cannon of the 40th, Wright of the 42nd, Redwine of the 26th, McGill of the 50th, and Clary of the 29th:
A resolution by the Senate that this Body to extend their greetings and felicitations to the Honorable C. O. Nixon on his Seventy-First birthday.
Birthday greetings were also extended to Senator Clary of the 29th whose birthday was January 19th and Senator Vaughn of the 34th whose birthday was January 21st.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House to wit:
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HB 1. By Messrs. Smith of Emanuel, Twitty of Mitchell and others:
A bill to make it a crime to improperly influence legislative action to deal with the State, directly or indirectly, while acting as an officer, employee, or agent of the State; and for other purposes.
HB 15. By Messrs. Smith of Emanuel, Twitty of Mitchell and others:
A bill to amend an act, so as to provide for a credit against or deduction from the income tax payable under Chapter 31 of Title 92, Code of Georgia, for contributions for educational purposes; and for other purposes.
HB 42. By Messrs. Smith of Emanuel, Twitty of Mitchell and others:
A bill to amend an act relating to the office of the Commissioner of Revenue, to provide any elective office for the purpose of this act shall not apply to members of the General Assembly; and for other purposes.
The House has adopted the following resolution of the House, to-wit:
HR 24. By Messrs. Carr of Dooly and Summers of Crisp:
A resolution providing for a joint session of the House and Senate relative to the presentation of the portrait of the late Honorable Walter F. George; and for other purposes.
The following bills were introduced, read the first time and referred to committees:
SB 29. By Senator Greer of the 6th:
A bill to repeal Section 24-3104 of the Code of Georgia and enact in lieu thereof a new Section 24-3104, so as to provide compensation for court reporters; and for other purposes.
Referred to the Committee on Judiciary.
SB 30. By Senators Culpepper of the 7th, Lindsey of the 53rd, Cannon of the 40th, Marshall of the 28th, Skelton of the 30th, Purcell of the 31st and Barrett of the 45th:
A bill to amend the act providing for formation of cooperative and non profit membership corporations to be known as Electric Membership Corporations so as to redefine the terms "rural area"; and for other purposes.
Referred to the Committee on Public Utilities and Transportation.
SB 31. By Senator Brown of the 52nd:
A bill to insure honest elections by prescribing the manner of the preparation and operation of voting machines used in elections in this State; and for other purposes.
Referred to the Committee on Rules.
THURSDAY, JANUARY 22, 1959
83
HB 1. By Messrs. Smith of Emanuel, Twitty of Mitchell and others:
A bill to make it a crime to improperly influence legislative action to deal with the State, directly or indirectly, while acting as an officer, employee, or agent of the State; and for other purposes.
Referred to Committee on Rules.
HB 15. By Messrs. Smith of Emanuel, Twitty of Mitchell and others:
A bill to amend an act, so as to provide for a credit against or deduction from the income tax payable under chapter 31 of title 92, Code of Georgia, for contributions for educational purposes; and for other purposes.
Referred to Committee on Educational Matters.
HB 42. By Messrs. Smith of Emanuel, Twitty of Mitchell and others:
A bill to amend an act relating to the office of Commissioner of Revenue, to provide any elective office for the purpose of this act shall not apply to members of the General Assembly; and for other purposes.
Referred to Committee on Rules.
The following bills were read the second time:
SB 24. By Senator Clary of the 29th:
A bill to provide that any person charged with any offense under the game and fish laws of this State shall be allowed to enter a plea of guilty in the court of ordinary in certain counties; and for other purposes.
SB 25. By Senator Vaughn of the 34th:
A bill to provide that any child found delinquent and sentenced by a juvenile court shall be confined only in a state training school; and for other purposes.
SB 26. By Senator Dykes of the 2nd:
A bill to amend the act establishing the City Court of Hinesville so as to change the salary of the Judge of said court; and for other purposes.
SB 27. By Senators Vaughn of the 34th and Nixon of the 35th:
A bill to limit the deficiency judgments on debts secured by bills of sale to secure a debt; and for other purposes.
SB 28. By Senator Perry of the 24th:
A bill to authorize the Solicitors General of the Superior Court in certain Judicial Circuits to appoint investigators; and for other purposes.
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HB 2. By Messrs. Smith of Emanuel, Twitty of Mitchell, Trotter of Troup and others:
A bill to establish and constitute the Governor's commission on Economy and Reorganization, to define its functions, powers and duties, to provide funds; and for other purposes.
HB 3. By Messrs. Smith of Emanuel, Twitty of Mitchell, Underwood of Montgomery and others:
A bill to create and establish a joint Committee on the Operations of the General Assembly; to define its powers and duties; and for other purposes.
HB 4. By Messrs. Smith of Emanuel, Twitty of Mitchell, Busbee of Dougherty and others:
A bill to create a Commission known as the Governor's Commission on Constitutional Government, to provide its powers and duties, to provide funds; and for other purposes.
HB 5. By Messrs. Smith of Emanuel, Twitty of Mitchell, Hodges and Parker of Ware, and others:
A bill to provide for support of independent school systems which municipal corporations are authorized by the constitution to maintain; to authorize ad valorem taxation; and for other purposes.
HB 6. By Messrs. Smith of Emanuel, Twitty of Mitchell, Ray of Warren, and others:
A bill to amend an act known as the "Entomology Act of 1937", dealing with creation of such department, its powers and duties; and for other purposes.
HB 7. By Messrs. Smith of Emanuel, Twitty of Mitchell, Fowler of Treutlen and others:
A bill to amend an act dealing with the Employees' Suggestion Award Board, by transferring the functions to the State Merit System; and for other purposes.
HB 8. By Messrs. Smith of Emanuel, Twitty of Mitchell, Payton of Coweta and others:
A bill to amend an act creating the State Board of Pardons and Paroles, so as to abolish the Advisory Staff, a division of said Board; and for other purposes.
HB 9. By Messrs. Smith of Emanuel, Twitty of Mitchell, Floyd of Chattooga and others:
A bill to amend an act dealing with the negotiations of reciprocal agreements between states concerning motor vehicles; vesting author ity in the Governor; and for other purposes.
THURSDAY, JANUARY 22, 1959
85
HB 10. By Messrs. Smith of Emanuel, Twitty of Mitchell, Winkle of Whitfield and others:
A bill to amend an act relating to the destruction of records of the various State departments; and for other purposes.
HB 11. By Messrs. Smith of Emanuel, Twitty of Mitchell, Fuqua of Richmond and others:
A bill to amend an act known as the "State School Building Authority Act", to provide for competition of State School Building Authority, to declare legislative intent; and for other purposes.
HB 13. By Messrs. Twitty of Mitchell, Smith of Emanuel, Underwood of Montgomery and many others:
A bill to amend an act relating to the organization, powers and duties of the Forestry Commission; and for other purposes.
HB 14. By Messrs. Smith of Emanuel, Twitty of Mitchell, Branch and Bostick of Tift and others:
A bill to amend an act known as the "University System Building Authority Act", to provide for compensation of the University System Building Authority; to declare legislative intent; and for other pur poses.
Senator Vaughn of the 34th District, Secretary of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following bill of the House and has instructed me as secretary, to report the same back to the Senate with the following recommendation:
HB 4. Do Pass.
Respectfully submitted,
Vaughn of 34th district,
Secretary.
Senator Greer of the 6th District, Secretary of the Committee on Govern ment Operations submitted the following report:
Mr. President:
Your Committee on Government Operations has had under consideration the following bills of the House, and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
HB 2. Do Pass, as Amended.
HB 3. Do Pass, as Amended.
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JOURNAL OF THE SENATE,
HB 7. Do Pass. HB 10. Do Pass.
Respectfully submitted, Greer of 6th District, Secretary.
The following resolution was read and adopted:
HR 24. By Messrs. Carr of Dooly and Summers of Crisp:
A resolution providing for a joint session of the House and Senate relative to the presentation of the portrait of the late Honorable Walter F. George; and for other purposes.
Senator Sanders of the 18th moved that the Senate do now adjourn until 11:00 o'clock Monday morning and the motion prevailed.
The president announced the Senate adjourned until 11:00 o'clock Monday morning.
MONDAY, JANUARY 26, 1959
87
Senate Chamber, Atlanta, Georgia, Monday, January 26, 1959.
The Senate met pursuant to adjournment at 11:00 o'clock this morning and was called to order by the president.
Scripture reading and prayer was offered by Honorable Tom Burson, editor and publisher, Camilla Enterprise.
By unanimous consent the call of the roll was dispensed with.
Senator Clary of the 29th reported that the journal of yesterday's proceedings had been read and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Sanders of the 18th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and consideration of bills and resolutions.
The consent was granted.
The following bills and resolutions were introduced, read the first time and referred to committees:
SB 32. By Senator Sanders of the 18th: A bill to amend the act providing for actions against non-residents operating motor vehicles in this State so as to clarify the existing law; and for other purposes.
Referred to the Committee on Judiciary.
SB 33. By Senator Brown of the 52nd: A bill to provide for payment of taxes in installments in counties having a population of 300,000 or more and in the principal city located therein; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 34. By Senator Brooks of the 23rd: A bill to amend Section 13-2023 of the Code of Georgia, so as to authorize certain qualified State banks to purchase shares of stock in Small Business Investment Companies; and for other purposes.
Referred to the Committee on Banking and Finance.
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JOURNAL OF THE SENATE,
SB 35. By Senator Brooks of the 23rd:
A bill to authorize corporate fiduciaries to register securities in the name of a nominee of such fiduciary without mention of the fiduciary relationship; and for other purposes.
Referred to the Committee on Banking and Finance.
SB 36. By Senator Doster of the 48th:
A bill to amend the act authorizing the Commissioner of Agriculture to establish Farmers Markets in this State so as to clarify the provi sions authorizing the Commissioner of Agriculture to control the opera tion of the Farmers Markets established; and for other purposes.
Referred to the Committee on Agriculture and Natural Resources.
SB 37. By Senator Doster of the 48th:
A bill to amend an act known as the Georgia State Warehouse Act so as to authorize the Commissioner of Agriculture to appoint a State Warehouse Director; and for other purposes.
Referred to the Committee on Agriculture and Natural Resources.
SR 17. By Senator Doster of the 48th: A resolution authorizing the Governor to make necessary funds avail able to the State Department of Agriculture to provide an inspection system for those slaughtering establishments in Georgia unable to qualify for federal inspection; and for other purposes.
Referred to the Committee on Agriculture and Natural Resources.
SR 18. By Senator Doster of the 48th:
A resolution authorizing the Governor to make necessary funds avail able to the Department of Agriculture to expend and enlarge State Farmers' Market facilities; and for other purposes.
Referred to the Committee on Agriculture and Natural Resources.
The following bills were read the second time:
SB 29. By Senator Greer of the 6th:
A bill to repeal Section 24-3104 of the Code of Georgia and enact in lieu thereof a new Section 24-3104, so as to provide compensation for court reporters; and for other purposes.
SB 30. By Senators Culpepper of the 7th, Lindsey of the 53rd, Cannon of the 40th, Marshall of the 28th, Skelton of the 30th, Purcell of the 31st and Barrett of the 45th:
A bill to amend the Act providing for formation of cooperative and non-profit membership corporations to be known as Electric Member ship Corporations so as to redefine the terms "rural area"; and for other purposes.
MONDAY, JANUARY 26, 1959
89
SB 31. By Senator Brown of the 52nd:
A bill to insure honest elections by prescribing the manner of the preparation and operation of voting machines used in elections in this State; and for other purposes.
HB 1. By Messrs. Smith of Emanuel, Twitty of Mitchell and others:
A bill to make it a crime to improperly influence legislative action to deal with the State, directly or indirectly, while acting as an officer, employee, or agent of the State; and for other purposes.
HB 15. By Messrs. Smith of Emanuel, Twitty of Mitchell and others:
A bill to amend an act, so as to provide for a credit against or deduction from the income tax payable under chapter 31 of title 92, Code of Georgia, for contributions for educational purposes; and for other purposes.
HB 42. By Messrs. Smith of Emanuel, Twitty of Mitchell and others:
A bill to amend an act relating to the office of Commissioner of Revenue, to provide any elective office for the purpose of this act shall not apply to members of the General Assembly; and for other purposes.
The following bills, favorably reported by the committees, were read the third time and put upon their passage:
HB 2. By Messrs. Smith of Emanuel, Twitty of Mitchell, Trotter of Troup, Kelly of Jasper, Hill of Meriwether and Barber of Jackson:
A bill to establish and constitute the Governor's Commission on Econ omy and Reorganization, to define its functions, powers and duties, to provide such funds as are necessary to effectuate the purposes of said Commission; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 3. By Messrs. Smith of Emanuel, Twitty of Mitchell, Underwood of Montgomery, Fuqua of Richmond, Parker of Screven, Lokey of McDuffie, Barber of Jackson, Fowler of Treutlen, Trotter of Troup, Kimmons of Pierce and many others:
A bill to create and establish a Joint Committee on the Operations of the General Assembly; to define its powers and duties; to create the office of Legislative Counsel; and for other purposes.
On the passage of the bill, Senators Sanders of the 18th offered the fol lowing substitute:
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JOURNAL OF THE SENATE,
A BILL
To be entitled an Act to create a Committee to be known as the "Joint Committee on the Operations of the General Assembly"; to provide for powers, duties, and functions; to create the office of Legislative Counsel; to provide for qualifications, duties, functions, compensation and election; to provide for personnel; to provide for a merit system of employment; to provide for retirement; to provide for the transferral of credits; to provide for transferral of equipment, supplies, furniture, files, records, books, and other materials; to pro vide for the transferral of duties; to designate the first Legislative Counsel; to provide for funds; to provide for an advisor to the Legis lative Counsel; to provide the procedure connected with the foregoing; to repeal an Act creating the Bill Drafting Unit in the State Law Department, approved February 20, 1951 (Ga. Laws 1951, p. 351) ; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. There is hereby created and established a Committee to be known as the "Joint Committee on the Operations of the General Assembly", hereinafter called the Committee, to be composed of the Speaker of the House of Representatives, the President of the Senate, the Chairman of the Appropriations Committee of the Senate, the Chairman of the Appropriations Committee of the House of Repre sentatives, the Chairman of the Judiciary Committee of the Senate, the Chairman of the Judiciary Committee of the House of Representa tives the Chairman of the Committee on Banking and Finance of the Senate, the Chairman of the Ways and Means Committee of the House of Representatives, the Clerk of the House of Representatives, and the Secretary of the Senate. The Speaker of the House of Representa tives shall be Chairman of the Committee and the Secretary of the Senate shall be Secretary of the Committee. Said Committee shall perfect its organization conformable to the provisions of this Act. The members of the Committee shall receive no additional compensation, per diem, expenses or allowances for service on the Committee during sessions of the General Assembly, but for each day spent in the per formance of their duties hereunder between sessions, the members shall receive the compensation, per diem, expenses and allowances authorized for interim legislative committees, upon certification thereof by the Chairman of the Committee to the State Treasurer. Six mem bers of the Committee shall constitute a quorum for the transaction of any business of the Committee.
Section 2. The Committee shall study and make recommendations to the General Assembly and to each branch thereof, methods for more efficiently utilizing the space in the Capitol building set aside for the legislative branch of the government. It shall also study and recommend methods and procedures to more efficiently operate the General Assembly and each branch thereof. It shall provide for the revision and codification of the laws of this State, beginning and continuing at and for such time as may be determined by the Coinmitteee, such revision and codification being subject to adoption by the General Assembly and approval by the Governor. The Committee shall provide services and facilities equally available to each and every
MONDAY, JANUARY 26, 1959
91
member of both branches of the General Assembly, including but not limited to, legislative counseling, bill drafting, and the providing of legislative reference material.
Section 3. There is hereby created the office of Legislative Coun sel who shall be an attorney skilled and experienced in legislative matters and bill drafting. He shall assist the Committee in the per formance of its duties. It shall be the duty of the Legislative Counsel to provide services equally available to each and every member of the General Assembly, which shall include but not be limited to, legislative counseling, bill drafting, and the providing of legislative reference material. He shall advise with the members of the General Assembly on legislative matters and prepare proposed legislation at the request of any member of the General Assembly. He shall also advise with Committees of the General Assembly both during and between sessions and assist any committee with the preparation of reports, recommenda tions and related matters. He shall act as a parliamentarian for either branch of the General Assembly upon the request of the presiding officer of either branch. He shall assist the Committee in the revision and codification of laws as provided for hereinbefore. He is authorized to perform research on legislative matters and related subjects and make reports and recommendations thereon. He is authorized to ex change information, data and material with similar agencies in other states. The Committeee may delegate to the Legislative Counsel such of its duties and powers as the Committee deems desirable. He shall have such other and further duties as the General Assembly and the Committee may from time to time prescribe.
Section 4. The Committee shall elect the Legislative Counsel, subject to the approval of both branches of the General Assembly in joint session, except that the Deputy Director of the Bill Drafting Unit of the State Law Department, having served as such since the creation of said Unit, is hereby elected and designated as the first Legislative Counsel, subject to his acceptance of the position, and no election shall be held as provided herein for such first Legislative Counsel. He shall serve as Legislative Counsel until such time as the provisions relating to the election of a Legislative Counsel shall be effectuated. The Committee shall fix the compensation of the Legislative Counsel.
Section 5. The Legislative Counsel is hereby authorized to employ technical, clerical, and legal personnel to assist him in the performance of the duties and functions of said office and is hereby authorized to designate a Chief Deputy and other deputies. He is authorized to delegate duties to the above personnel. He is authorized to fix the compensation of such personnel and the Legislative Counsel and other staff personnel shall receive expenses incurred in connection with their employment. The Committee shall designate suitable quarters in the State Capitol building for the office of the Legislative Counsel and staff; provided, that if such quarters are not immediately available, the Committee and the Legislative Counsel shall make other provisions relating to quarters. The office of Legislative Counsel shall be fur nished such supplies, materials, furniture, books and equipment as are needed, in the determination of the Legislative Counsel, in the same manner as such things are furnished to the legislative branch of the Government. The furniture, equipment, supplies, files, records, books, and other material which has been purchased or utilized by the Bill
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Drafting Unit of the State Law Department is hereby transferred to and made the property of the office of the Legislative Counsel.
Section 6. The Legislative Counsel is hereby authorized to pro mulgate a merit system of employment under which personnel shall be selected on a basis of merit. All personnel, and the Legislative Counsel, are hereby authorized to be members of the Employees' Retirement System of Georgia, as established by an Act approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended. All rights, credits and funds in said Retirement System which are possessed by any personnel of the office of Legislative Counsel, including the Legislative Counsel, at the time of employment in said office are hereby continued, and it is the intention of the General Assembly that any such personnel and the Legislative Counsel shall not lose any rights, credits or funds to which they were entitled prior to being employed in the office of Legis lative Counsel. There shall be paid from the funds appropriated for the operation of the legislative branch of the Government, all contri butions required by the Retirement Act and all such payments shall be in addition to the regular compensation authorized to the Legislative Counsel and other personnel in said office.
Section 7. An Act creating the Bill Drafting Unit as a part of the State Law Department approved February 20, 1951 (Ga. Laws 1951, p. 351), is hereby repealed in its entirety. If, in any other Act or Resolution, reference is made to the Deputy Director of said Unit it shall be construed to mean and is hereby declared to refer to the Legislative Counsel.
Section 8. The funds necessary to carry out the provisions of this Act shall be paid from the funds appropriated to or available to the legislative branch of the Government. The State Treasurer is hereby authorized and directed to pay such funds in the same manner as other legislative funds are paid.
Section 9. This Act shall become effective on April 1, 1959.
Section 10. The Attorney General having served as the Director of the Bill Drafting Unit since its creation, shall serve as an advisor to the Legislative Counsel and for such services shall be compensated in the same amount, from the same appropriation, he received for his services as Director of the Bill Drafting Unit.
Section 11. All laws and parts of laws in conflict with this Act are hereby repealed.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.
On the passage of the bill, the ayes were 51, nays 0.
The bill, having received the requisite constitutional majority was passed by substitute.
MONDAY, JANUARY 26, 1959
93
HB 4. By Messrs. Smith of Emanuel, Twitty of Mitchell, Busbee of Dougherty, Jones of Sumter, Bostick of Tift, Branch of Tift, Summers of Crisp and Barber of Jackson:
A bill to create a Commission known as the Governor's Commission on Constitutional Government, to provide its powers and duties, to pro vide for its operation; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 7. By Messrs. Smith of Emanuel, Twitty of Mitchell, Fowler of Treutlen, Parker of Screven, Hill of Tattnall, Moorman of Lanier and Johnson of Jenkins:
A bill to amend an act dealing with the Employees' Suggestion Award Board, by transferring the functions to the State Merit System; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority was passed.
HB 10. By Messrs. Smith of Emanuel, Twitty of Mitchell, Winkle of Whitfield, Pickard of Muscogee, Floyd of Chattooga, Kelly of Jasper and Barker of Jackson, Phillips of Walton and many others:
A bill to amend an act relating to the destruction of records of the various State departments, so as to authorize the Governor to order the destruction of certain records under certain conditions; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Ramsey of the 1st District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bills and/or resolutions of the Senate and has instructed me,
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as Chairman, to report the same back to the Senate as correct and ready for transmission to the House:
SB 11. SB 12. SB 13. SB 14. SB 15. SB 16. SB 17. SB 18. SB 19. SB 20. SB 21. SB 22. SB 23.
Respectfully submitted, Ramsey of the 1st District,
Chairman.
The following communication from former Governor Marvin Griffin was read by the secretary :
State of Georgia EXECUTIVE DEPARTMENT
ATLANTA
January 12, 1959
The General Assembly State of Georgia State Capitol Atlanta, Georgia
Gentlemen :
A resolution was adopted during the 1957 session of the General Assembly (Ga. Laws 1957, page 85) authorizing the State of Georgia to convey approximately one hundred twenty-four (124) acres of land in Appling County to an Appling County Recreational Association. Pursuant to this resolution a deed was executed by me as Governor on March 18, 1957. Subsequent to this, in the public press of this state this transaction has been criticized and questions raised as to the validity of the transaction. Although no proceedings have been instituted in the counties of this state to test the validity of this trans action. Nevertheless, in view of the criticism leveled against it, I am taking this
MONDAY, JANUARY 26, 1959
95
opportunity to bring this matter to your attention for whatever action you deem appropriate.
With kindest regards, I am Sincerely,
Marvin Griffin
MG:WMC
cc: Speaker George L. Smith Lt. Governor Byrd
The communication was referred to the Committee on Government Operations.
Senator Carlisle of the 51st moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.
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Senate Chamber, Atlanta, Georgia, Tuesday, January 27, 1959.
The Senate met pursuant to adjournment at 10:00 o'clock this morning and was called to order by the president.
Scripture reading and prayer was offered by Rev. H. B. Bell, retired Baptist minister.
By unanimous consent the call of the roll was dispensed with.
Senator Clary of the 29th reported that the journal of yesterday's pro ceedings had been read and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Sanders of the 18th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.
The consent was granted.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House, to wit:
HB 22. By Messrs. Brennan, McGee and Cheatham of Chatham:
A bill to be entitled an act to prohibit solicitation of votes by any means or methods for any person or proposition on election day within a specified distance of voting place; and for other purposes.
HB 27. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to be entitled an act to amend the charter of the Mayor and Aldermen of the City of Savannah, relating to Police Court; and for other purposes.
TUESDAY, JANUARY 27, 1959
97
HB 29. By Messrs. Kidd and Chandler of Baldwin:
A bill to be entitled an act to amend an act creating a Board of County Commissioners from Baldwin County, to change the time of electing Commissioners; and for other purposes.
HB 30. By Messrs. Kidd and Chandler of Baldwin:
A bill to be entitled an act to vest certain authority, power, privilege and duty in duly appointed police officers of the Milledgeville State Hospital; to repeal conflicting laws; and for other purposes.
HB 34. By Messrs. Ployd of Chattooga, Cheatham of Chatham, Smith of Whitfield, and others:
A bill to be entitled an act to amend an act providing for the creation of office of Judge of the Superior Courts Emeritus, as amended, so as to provide that a judge to be eligible to receive benefits provided by said act, must begin contributions by June 1, 1959, or within 90 days after taking office; to repeal conflicting laws; and for other purposes.
HB 44. By Messrs. Busbee and Odom of Dougherty:
A bill to be entitled an act to amend an act to provide and empower the City of Albany to furnish aid and relief and to grant pensions to all employees of said city; and for other purposes.
HB 48. By Mr. Bowen of Randolph:
A bill to be entitled an act to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Randolph; and for other purposes.
HB 49. By Mr. Bowen of Randolph:
A bill to be entitled an act to amend an act relating to the charter of the Town of Shellman, so as to change the name of said town to the City of Shellman; and for other purposes.
HB 62. By Messrs. Payton and Blalock of Coweta:
A bill to be entitled an act to amend an act creating a charter for the Town of Grantville; to change the name of the Town of Grantville to the City of Grantville; and for other purposes.
HB 65. By Mr. Odom of Camden:
A bill to be entitled an act to atuhorize and empower the City of St. Marys, Georgia, to abandon and close portions of city streets; to deliver deeds; and for other purposes.
HB 66. By Mr. Odom of Camden.
A bill to be entitled an act to amend an act placing certain officials of Camden County on a salary basis in lieu of a fee basis; and for other purposes.
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HB 67. By Messrs. Rutland of DeKalb, Smith of Emanuel, Twitty of Mitchell, and others:
A bill to be entitled an act to amend an act governing and regulating the use of public roads and highways of this State, as amended, so as to change the maximum length limitations on combinations of vehicles; to repeal conflicting laws; and for other purposes.
HB 69. By Mr. Ray of Warren:
A bill to be entitled an act to amend an act creating a Commissioner of Roads and Revenues of Warren County; and for other purposes.
HB 71. By Messrs. Cheatham, McGee and Brennan of Chatham:
A bill to be entitled an act to further regulate the office of Supervisor of Purchases by providing a list of every person desiring to bid on State purchases; to provide for an affidavit to accompany bids; to repeal conflicting laws; and for other purposes.
HB 72. By Mr. Shuman of Bryan:
A bill to be entitled an act to change the compensation of the Sheriff, Deputy Sheriff of 20th GMD, the Deputy Sheriff of the 19th GMD, Clerk of Superior Court of Bryan County from fee to salary system; and for other purposes.
HB 73. By Mr. Shuman of Bryan:
A bill to be entitled an act to amend an act to create and establish the office of County Treasurer of Bryan County; to fix the salary of the Treasurer; and for other purposes.
HB 74. By Mr. Shuman of Bryan:
A bill to be entitled an act to amend an act creating and establishing the City Court of Pembroke; to compensate the Solicitor General; to provide for disposing of fees; and for other purposes.
HB 76. By Mr. Irvin of Habersham:
A bill to be entitled an act to amend an act incorporating the Town of Cornelia, authorizing the governing authorities of Cornelia to adopt regulations relative to corporate limits; and for other purposes.
HB 77. By Mr. Irvin of Habersham:
A bill to be entitled an act to amend an act creating a new charter for the Town of Baldwin in the Counties of Banks and Habersham; to change monthly meeting of Mayor and Council; and for other purposes.
HB 78. By Mr. Irvin of Habersham:
A bill to be entitled an act to amend an act consolidating the offices of Tax Receiver and Tax Collector of Habersham County into one office of Tax Commissioner; and for other purposes.
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99
HB 84. By Messrs. Griffin and Taylor of Decatur:
A bill to be entitled an act to amend an act to establish the City Court of Bainbridge, to increase the compensation of the Judge of said City Court; and for other purposes.
HB 85. By Mr. Miller of Elbert:
A bill to be entitled an act to amend an act creating the office of County Tax Commissioner of Elbert County, to change the compensa tion of Tax Commissioner; and for other purposes.
HB 86. By Mr. Miller of Elbert:
A bill to be entitled an act to place the Clerk of the Superior Court and Ordinary of Elbert County on a salary basis in lieu of a fee basis; and for other purposes.
HB 87. By Mr. Miller of Elbert:
A bill to be entitled an act to amend an act to provide a Board of Commmissioners for the County of Elbert, to provide an Advisory Board of Commissioners; and for other purposes.
HB 89. By Messrs. Lee and Blalock of Clayton:
A bill to be entitled an act to authorize a stenographer to be present with Grand Jury while witnesses are examined in counties having a population not less than 22,700 nor more than 23,000; and for other purposes.
HB 90. By Messrs. Lee and Blalock of Clayton:
A bill to be entitled an act to amend an act placing the Ordinary of Clayton County on a salary basis in lieu of a fee basis; to change the compensation of Ordinary; and for other purposes.
HB 93. By Mr. Jones of Wayne:
A bill to be entitled an act to repeal the charter of Screven, Georgia, to declare the rights, powers and privileges of the municipality, and of its officers; and for other purposes.
HB 94. By Messrs. Cox and Matthews of Clarke:
A bill to be entitled an act to amend the charter of the Town of Athens, to close the unopened portion of Carlton Terrace, to transfer public rights; and for other purposes.
HB 97. By Mr. Murphy of Haralson:
A bill to be entitled an act to amend Code Section 92-4101, relating to amount of taxes which a municipal corporation may levy for ordi nary expenses, as amended, to provide that Sections 92-4101 through 92-4104 shall not apply to any municipality whose charter contains contrary provisions; to repeal conflicting laws; and for other purposes.
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The following bills were introduced, read the first time and referred to committees:
SB 38. By Senators Dykes of the 2nd, Doster of the 48th, Slade of the 14th, Shaw of the 3rd and Greer of the 6th:
A bill to amend Section 59-101 of the Code of Georgia which provides for the appointment and removal of Judy Commissioners so as to provide for the appointment of a successors to a Jury Commissioner who has been removed after a recommendation by a Grand Jury; and for other purposes.
Referred to the Committee on Judiciary.
SB 39. By Senators Jordan of the 25th and Crowe of the 10th:
A bill to validate and declare legal the creation and establishment of housing authorities, established pursuant to the Housing Authorities Law; and for other purposes.
Referred to the Committee on Banking and Finance.
SB 40. By Senator Brown of the 52nd:
A bill to authorize the Mayor and Board of Aldermen of the City of Atlanta to make annual contributions to the Georgia Institute of Technology and the Georgia State College of Business Administration; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 41. By Senator Greer of the 6th:
A bill to declare as contraband and subject to confiscation and con demnation all vehicles of every kind used in transporting any drugs declared illegal by the Dangerous Drug Act of this State; and for other purposes.
Referred to the Committee on Judiciary.
HB 22. By Messrs. Brennan, McGee and Cheatham of Chatham:
A bill to prohibit solicitation of votes by any means or methods for any person or proposition on election day within a specified distance of voting place; and for other purposes.
Referred to Committee on Rules.
HB 27. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to amend the charter of the mayor and aldermen of the City of Savannah, relating to Police Court; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 29. By Messrs. Kidd and Chandler of Baldwin:
A bill to amend an act creating a Board of County Commissioners from Baldwin County, to change the time of electing commissioners; and for other purposes. Referred to Committee on County and Municipal Governments.
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101
HB 30. By Messrs. Kidd and Chandler of Baldwin:
A bill to vest certain authority, power, privilege and duty in duly appointed police officers of the Milledgeville State Hospital; to repeal conflicting laws; and for other purposes.
Referred to Committee on Rules.
HB 34. By Messrs. Ployd of Chattooga, Cheatham of Chatham, Smith of Whitfield; and others:
A bill to amend an act providing for the creation of office of Judge of the Superior Courts Emeritus, as amended, so as to provide that a judge to be eligible to receive benefits provided by said act, must begin contributions by June 1, 1959, or within 90 days after taking office; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.
HB 44. By Messrs. Busbee and Odom of Dougherty:
A bill to amend an act to provide and empower the City of Albany to furnish aid and relief and to grant pensions to all employees of said city; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 48. By Mr. Brown of Randolph:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Randolph; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 49. By Mr. Bowen of Randolph:
A bill to amend an act relating to the charter of the Town of Shellman, so as to change the name of said town to the City of Shellman; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 62. By Messrs. Payton and Blalock of Coweta:
A bill to amend an act creating a charter for the Town of Grantville; to change the name of the Town of Grantville to the City of Grantville; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 65. By Mr. Odom of Camden:
A bill to authorize and empower the City of St. Marys, Georgia, to abandon and close portions of city streets; to deliver deeds; and for other purposes.
Referred to Committee on County and Municipal Governments.
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HB 66. By Mr. Odom of Camden:
A bill to amend an act placing certain officials of Camden County on a salary basis in lieu of a fee basis; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 67. By Messrs. Rutland of DeKalb, Smith of Emanuel, Twitty of Mitchell, and others:
A bill to amend an act governing and regulating the use of public roads and highways of this State, as amended, so as to change the maximum length limitation on combinations of vehicles; to repeal conflicting laws; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
HB 69. By Mr. Ray of Warren:
A bill to amend an act creating a Commissioner of Roads and Revenues of Warren County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 71. By Messrs. Cheatham, McGee and Brennan of Chatham:
A bill to further regulate the office of Supervisor of Purchases by providing a list of every person desiring to bid on State purchases; to provide for an affidavit to accompany bids; to repeal conflicting laws; and for other purposes.
Referred to Committee on Government Operations.
HB 72. By Mr. Shuman of Bryan:
A bill to change the compensation of the sheriff, deputy sheriff of 20th GMD, the deputy sheriff of 19th GMD, the Clerk of the Superior Court of Bryan County from fee to salary system; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 73. By Mr. Shuman of Bryan:
A bill to amend an act to create and establish the office of County Treasurer of Bryan County; to fix the salary of the treasurer; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 74. By Mr. Shuman of Bryan:
A bill to amend an act creating and establishing the City Court of Pembroke; to compensate the solicitor general; to provide for dis posing of fees; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 76. By Mr. Irvin of Habersham:
A bill to amend an act incorporating the Town of Cornelia, authorizing
TUESDAY, JANUARY 27, 1959
103
the governing authorities of Cornelia to adopt regulations relative to corporate limits; and for other purposes. Referred to Committee on County and Municipal Governments.
HB 77. By Mr. Irvin of Habersham: A bill to amend an act creating a new charter for the Town of Baldwin in the counties of Banks and Habersham; to change monthly meeting of mayor and council; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 78. By Mr. Irvin of Habersham: A bill to amend an act consolidating the offices of Tax Receiver and Tax Collector of Habersham County into one office of Tax Commissioner; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 84. By Messrs. Griffin and Taylor of Decatur: A bill to amend an act to establish the city court of Bainbridge, to increase the compensation of the Judge of said city court; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 85. By Mr. Miller of Elbert: A bill to amend an act creating the office of County Tax Commissioner of Elbert County, to change the compensation of Tax Commissioner; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 86. By Mr. Miller of Elbert: A bill to place the clerk of the Superior Court and ordinary of Elbert County on a salary basis in lieu of a fee basis; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 87. By Mr. Miller of Elbert:
A bill to amend an act to provide a Board of Commissioners for the County of Elbert, to provide an Advisory Board of Commissioners; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 89. By Messrs. Lee and Blalock of Clayton:
A bill to authorize a stenographer to be present with Grand Jury while witnesses are examined in counties having a population not less than 22,700 nor more than 23,000; and for other purposes.
Referred to Committee on County and Municipal Governments.
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JOURNAL OP THE SENATE,
HB 90. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act placing the Ordinary of Clayton County on a salary basis in lieu of a fee basis; to change the compensation of ordinary; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 93. By Mr. Jones of Wayne:
A bill to repeal the charter of Screven, Georgia, to declare the rights, powers and privileges of the municipality, and of its officers; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 94. By Messrs. Cox and Matthews of Clarke:
A bill to amend the charter of the Town of Athens, to close the unopened portion of Carlton Terrace, to transfer public rights; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 97. By Mr. Murphy of Haralson:
A bill to amend code section 92-4101, relating to amount of taxes which a municipal corporation may levy for ordinary expenses, as amended, to provide that sections 92-4101 through 92-4104 shall not apply to any municipality whose charter contains contrary provisions; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.
The following bills and resolutions were read the second time:
SB 32. By Senator Sanders of the 18th:
A bill to amend the act providing for actions against non-residents operating motor vehicles in this State so as to clarify the existing law; and for other purposes.
SB 33. By Senator Brown of the 52nd:
A bill to provide for payment of taxes in installments in counties having a population of 300,000 or more and in the principal city located therein; and for other purposes.
SB 34. By Senator Brooks of the 23rd:
A bill to amend Section 13-2023 of the Code of Georgia, so as to authorize certain qualified State banks to purchase shares of stock in Small Business Investment Companies; and for other purposes.
SB 35. By Senator Brooks of the 23rd: A bill to authorize corporate fiduciaries to register securities in the
TUESDAY, JANUARY 27, 1959
105
name of a nominee of such fiduciary without mention of the fiduciary relationship; and for other purposes.
SB 36. By Senator Doster of the 48th:
A bill to amend the Act authorizing the Commissioner of Agriculture to establish Farmers Markets in this State so as to clarify the pro visions authorizing the Commissioner of Agriculture to control the operation of the Farmers Markets established; and for other purposes.
SB 37. By Senator Doster of the 48th:
A bill to amend an act known as the Georgia State Warehouse Act so as to authorize the Commissioner of Agriculture to appoint a State Warehouse Director; and for other purposes.
SR 17. By Senator Doster of the 48th:
A resolution authorizing the Governor to make necessary funds avail able to the State Department of Agriculture to provide an inspection system for those slaughtering establishments in Georgia unable to qualify for federal inspection; and for other purposes.
SR 18. By Senator Doster of the 48th:
A resolution authorizing the Governor to make necessary funds avail able to the Department of Agriculture to expand and enlarge State Farmers' Market facilities; and for other purposes.
Senator Vaughn of the 34th District, Secretary of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following bills of the House and Senate and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
HB 1. Do Pass as amended.
HB 5. Do Pass as substituted.
SB 31. Do Pass.
HB 42. Do Pass.
HB 9. Do Pass.
Respectfully submitted,
Clarence R. Vaughn, Jr., of 34th District,
Secretary.
Senator Jernigan of the 5th District, Chairman of the Committee on Educational Matters, submitted the following report:
Mr. President:
Your Committee on Educational Matters has had under consideration the
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following bills of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 11. Do Pass as amended. HB 14. Do Pass as amended. HB 15. Do Pass.
Respectfully submitted, Jernigan of the 5th District, Chairman.
Senator Skelton of the 30th District, Chairman of the Committee on Judi ciary, submitted the following report:
Mr. President: Your Committee on Judiciary has had under consideration the following
bills of the House and Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 8. Do Pass.
SB 27. Do Pass as amended.
SB 29. Do Pass.
Respectfully submitted,
Skelton of the 30th District,
Chairman.
Senator Brown of the 52nd District, Chairman of the Committee on County and Municipal Governments, submitted the following report:
Mr. President:
Your Committee on County and Municipal Governments has had under consideration the following bills of the Senate and has instructed me as Chair man, to report same back to the Senate with the following recommendations:
SB 26. Do Pass.
SB 33. Do Pass.
Respectfully submitted,
Brown of the 52nd District,
Chairman.
The following resolution was read and adopted:
SR 19. By Senators Carlisle of the 51st, Land of the 21st and Brown of the 52nd:
A resolution by the Senate expressing sadness on the untimely passing of the Hon. Jerre C. Miller, State Representative from Twiggs County, Georgia; and for other purposes.
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107
The following local, uncontested bill, favorably reported by the committee, was read the third time and put upon its passage:
SB 26. By Senator Dykes of the 2nd:
A bill to amend the act establishing the City Court of Hinesville so as to change the salary of the judge of said court; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority was passed.
The following general bills, favorably reported by the committees, were read the third time and put upon their passage:
SB 29. By Senator Greer of the 6th:
A bill to repeal section 24-3104 of the Code of Georgia and enact in lieu thereof a new section 24-3104, so as to provide compensation for court reporters; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 31. By Senator Brown of the 52nd:
A bill to insure honest elections by prescribing the manner of the preparation and operation of voting machines used in elections in this State; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1. By Messrs. Smith of Emanuel, Twitty of Mitchell, Trotter of Troup and many others:
A bill to make it a crime to improperly influence legislative action to deal with the State, directly or indirectly, while acting as an officer, employee, or agent of the State; and for other purposes.
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Senator Carlisle of the 51st offered the following amendment:
Amend HB 1 by striking the word "in' when it first occurs in the last line (line 18) of section 7 and by substituting in lieu thereof the words "as an employee of" so that as amended the proviso clause shall read as follows:
"Provided, however, that nothing within this section shall be construed to apply to any officer or employee of the Executive Branch who has taken a leave of absence without pay from his post for temporary service as an employee of the Legislative Branch while it is in session and during the authorized stay-over period."
On the adoption of the amendment, the ayes were 46, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 8. By Messrs. Smith of Emanuel, Twitty of Mitchell, Payton of Coweta, Ross of Lincoln, Summers of Crisp, Floyd of Chattooga, Kelly of Jasper, Branch of Tift, and others:
A bill to amend an act creating the State Board of Pardons and Paroles, so as to abolish the Advisory Staff, which is a division of said Board; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 9. By Messrs. Smith of Emanuel, Twitty of Mitchell, Floyd of Chattooga, Summers of Crisp, Pelham of Schley, Shuman of Bryan, and many others:
A bill to amend an act dealing with the negotiation of reciprocal agreements between states concerning motor vehicles, by abolishing the Commission therein created and vesting the authority in the Governor; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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109
HB 11. By Messrs. Smith of Emanuel, Twitty of Mitchell, Fuqua of Richmond, Trotter of Troup, Hill of Meriwether, Underwood of Montgomery, and many others:
A bill to amend an act known as the "State School Building Authority Act", so as to provide for the composition of the State School Building Authority; to declare legislative intent; and for other purposes.
The Committee on Educational Matters offered the following amendment:
Amend HB 11, section 2, by striking the word "five" in line 11 of said section and inserting in lieu thereof the word "six"; and by striking the word "and" in line 13 and the period in line 14 and inserting the following language:
"and the State Superintendent of Schools."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 14. By Messrs. Smith of Emanuel, Twitty of Mitchell, Branch and Bostick of Tift, Busbee of Dougherty, Payton of Coweta, Wilkes of Cook, and many others:
A bill to amend an act known as the "University System Building Authority Act", so as to provide for the composition of the University System Building Authority; to declare legislative intent; to provide that the secretary and treasurer and staff of said Authority shall be the same as the secretary and treasurer and staff of the State School Building Authority; and for other purposes.
The Committee on Educational Matters offered the following amendment:
Amend Section 2 of HB 14 by striking the word "five" in line 11 of said section and inserting in lieu thereof the word "six"; and by striking the word "and" in line 13 and the period in line 14 and inserting the following language:
"and the State Superintendent of Schools."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
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HB 15. By Messrs. Smith of Emanuel, Twitty of Mitchell, Blalock of Clayton, Lee of Clayton, Lokey of McDuffie, Payton of Coweta, and many others.
A bill to amend an act, so as to provide for a credit against or deduc tion from the income tax otherwise payable under chapter 31 of title 92 of the Code of Georgia for contributions to corporations organized for educational purposes; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 42. By Messrs. Smith of Emanuel, Twitty of Mitchell, Trotter of Troup, Ray of Warren and Cox of Clarke:
A bill to amend an act relating to the office of the Commissioner of Revenue, so as to provide that "any elective office" for the purpose of this act shall not apply to members of the General Assembly; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Sanders of the 18th moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.
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111
Senate Chamber, Atlanta, Georgia, Wednesday, January 28, 1959.
The Senate met pursuant to adjournment at 10:00 o'clock this morning and was called to order by the president.
Scripture reading and prayer was offered by Dr. Williiam Crowe, pastor, Presbyterian Church, Roswell, Georgia.
By unanimous; consent the call of the roll was dispensed with.
Senator Clary of the 29th reported that the journal of yesterday's pro ceedings had been read and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Sanders of the 18th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.
The consent was granted.
The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate, to-wit:
SB 1. By Senators Jordan of 25th, Sanders of 18th, and many others:
A bill to be entitled an act to implement the power of the Governor as conservator of the peace throughout the State; to define the powers with respect to the operation of public schools; to provide for the closing of public schools; and for other purposes.
SB 2. By Senators Sanders of the 18th, Jordan of 25th, and others:
A bill to be entitled an act to implement the powers of the Governor as conservator of the peace and to authorize the Governor to close any school or institution or any branch or department thereof under the control of the Board of Regents of the University System of Georgia; and for other purposes.
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SB 4. By Senators Sanders of 18th, Jordan of 25th, and many others:
A bill to be entitled an Act to provide for the conduct of certain actions; to provide for the designation of counsel in certain action; to provide for notification of the pendency of such actions; to provide for the payment of expenses; and for other purposes.
SB 5. By Senators Sanders of 18th, Jordan of 25th, and others:
A bill to be entitled an act to amend the act known as the "State Toll Bridge Authority Act" (Ga. Laws 1953, p. 302) so as to vest the management of the authority in the persons who compose the mem bership of the State Highway Board; and for other purposes.
SB 6. By Senators Sanders of 18th, Jordan of 25th, and many others:
A bill to be entitled an act to amend an act approved March 25, 1953 (Ga. Laws 1953, p. 626), known as "State Bridge Building Authority Act," to provide all Authorities dealing with highways, etc., have common management; and for other purposes.
SB 7. By Senators Sanders of 18th, Jordan of 25th, and many others:
A bill to be entitled an act to amend the act known as the "Georgia Rural Roads Authority Act" (Ga. Laws 1955, p. 124), so as to vest the management of the authority in the persons who compose the membership of the State Highway Board; and for other purposes.
SB 8. By Senators Sanders of 18th, Jordan of 25th, and many others:
A bill to be entitled an act to repeal a resolution approved Dec. 10, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 64), and all amendments thereto dealing with creation of the Georgia Commission on Education; and for other purposes.
SB 9. By Senators Sanders of 18th and Jordan of 25th, and many others:
A bill to be entitled an act to repeal an act approved February 23, 1945 (Ga. Laws 1945, p. 150), dealing with the erection and supervision of war memorials; to repeal conflicting laws; and for other purposes.
SB 10. By Senators Sanders of 18th, Jordan of 25th, and many others:
A bill to be entitled an act to amend an act approved February 19, 1951 (Ga. Laws 1951, p. 224), as amended, dealing with the creation of a Civil Defense Advisory Council, by repealing Section 5 thereof; and for other purposes.
HB 12. By Messrs. Smith of Emanuel, Twitty of Mitchell, Bagby of Paulding, and others:
A bill to be entitled an act to repeal an act approved March 25, 1958 (Ga. Laws 1958, p. 337), dealing with the creation of a Georgia Recreation Commission; to repeal conflicting laws; and for other purposes.
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113
HB 43. By Messrs. Smith of Emanuel, Twitty of Mitchell, and Bagby of Paulding:
A bill to be entitled an act to amend an act creating the "Oil and Gas Commission", to abolish said Oil and Gas Commission and transfer its duties, powers and functions to the Director of Department of Mines, Mining and Geology; and for other purposes.
The House has adopted the following resolutions of the House:
HR 54. By Messrs. Matthews and Cox of Clarke:
A resolution authorizing ordinaries and clerks of the superior courts to lend the newspapers from their official files to the University of Georgia Libraries for microfilming and relieving the ordinaries and clerks of liability.
HR 71. By Messrs. Smith of Emanuel, Musgrove of Clinch, and Walker of Lowndes:
A resolution expressing appreciation for splendid accomplishments of the Jekyll Authority; and for other purposes.
The following resolution was read and adopted:
HR 71. By Messrs. Smiith of Emanuel, Musgrove of Clinch and Walker of Lowndes:
A resolution expressing appreciation for splendid accomplishments of Jekyll Island Authority; and for other purposes.
The president appointed as a committee to attend the funeral of Honorable Jerre Chappell Miller, Jr., the late representative from Twiggs County, the following:
Senators Carlisle of the 51st and Land of the 21st.
The following bills and resolution were introduced, read the first time and referred to committees:
SB 42. By Senator Brown of the 52nd:
A bill to provide for the regulation of signs displayed by retailers of motor fuel, advertising the price of such motor fuel, so as to prevent advertising practices deceptive to the public; and for other purposes.
Referred to the Committee on Highways.
SB 43. By Senator Brown of the 52nd:
A bill to amend Section 73-222 of the Code of Georgia so as to provide that the State Oil Chemist shall be among those charged with the enforcement of said Code Section; and for other purposes.
Referred to the Committee on Highways:
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JOURNAL OF THE SENATE,
SB 44. By Senators Vaughn of the 34th and Nixon of the 35th:
A bill to amend Section 67-2002 (3) of the Code of Georgia so as to provide a means for the enforcement of liens without the necessity of filing a suit against a contractor or subcontractor in the event they have been adjudicated a bankrupt; and for other purposes.
Referred to the Committee on Judiciary.
SB 45. By Senator Darby of the 15th:
A bill to amend the act creating the office of Commissioner of Koads and Revenue for Toombs County so as to provide that the fiscal year for Toombs County shall correspond to the calendar year; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SR 20. By Senator Screws of the 9th:
A resolution proposing an amendment to the Constitution of Georgia so as to provide that a member of the County Board of Education of Baker County must be a freeholder; and for other purposes.
Referred to the Committee on Rules.
HB 12. By Messrs. Smith of Emanuel, Twitty of Mitchell, Bagby of Paulding and others:
A bill to repeal an act approved March 25, 1958 (Ga. L. 1958, p. 337), dealing with the creation of a Georgia Recreation Commission; to repeal conflicting laws; and for other purposes.
Referred to Committee on Government Operations.
HB 43. By Messrs. Smith of Emanuel, Twitty of Mitchell, and Bagby of Paulding:
A bill to amend an act creating the "Oil and Gas Commission", to abolish said Oil and Gas Commission and transfer its duties, powers and functions to the Director of Department of Mines, Mining and Geology; and for other purposes.
Referred to Committee on Judiciary.
HR 54. By Messrs. Matthews and Cox of Clarke:
A resolution authorizing ordinaries and clerks of the superior courts to lend the newspapers from their official files to the University of Georgia libraries for microfilming and relieving the ordinaries and clerks of liability.
Referred to Committee on Judiciary.
The following bills were read the second time:
SB 38. By Senators Dykes of the 2nd, Doster of the 48th, Slade of the 14th, Shaw of the 3rd and Greer of the 6th:
A bill to amend Section 59-101 of the Code of Georgia which provides
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115
for the appointment and removal of Jury Commissioners so as to pro vide for the appointment of a successor to a Jury Commissioner who has been removed after a recommendation by a Grand Jury; and for other purposes.
SB 39. By Senators Jordan of the 25th and Crowe of the 10th:
A bill to validate and declare legal the creation and establishment of housing authorities, established pursuant to the Housing Authorities Law; and for other purposes.
SB 40. By Senator Brown of the 52nd:
A bill to authorize the Mayor and Board of Aldermen of the City of Atlanta to make annual contributions to the Georgia Institute of Technology and the Georgia State College of Business Administration; and for other purposes.
SB 41. By Senator Greer of the 6th:
A bill to declare as contraband and subject to confiscation and con demnation all vehicles of every kind used in transporting any drugs declared illegal by the Dangerous Drug Act of this State; and for other purposes.
HB 22. By Messrs. Brennan, McGee and Cheatham of Chatham:
A bill to prohibit solicitation of votes by any means or methods for any person or proposition on election day within a specified distance of voting place; and for other purposes.
HB 27. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to amend the charter of the mayor and aldermen of the City of Savannah, relating to Police Court; and for other purposes.
HB 29. By Messrs. Kidd and Chandler of Baldwin:
A bill to amend an act creating a Board of County Commissioners from Baldwin County, to change the time of electing commissioners; and for other purposes.
HB 30. By Messrs. Kidd and Chandler of Baldwin:
A bill to vest certain authority, power, privilege and duty in duly appointed police officers of the Milledgeville State Hospital; to repeal conflicting laws; and for other purposes.
HB 34. By Messrs. Floyd of Chattooga, Cheatham of Chatham, Smith of Whitfield and others:
A bill to amend an act providing for the creation of office of Judge of the Superior Courts Emeritus, as amended, so as to provide that a judge to be eligible to receive benefits provided by said act, must begin contributions by June 1, 1959, or within 90 days after taking office; to repeal conflicting laws; and for other purposes.
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HB 44. By Messrs. Busbee and Odom of Dougherty:
A bill to amend an act to provide and empower the City of Albany to furnish aid and relief and to grant pensions to all employees of said city; and for other purposes.
HB 48. By Mr. Bowen of Randolph:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Randolph; and for other purposes.
HB 49. By Mr. Bowen of Randolph:
A bill to amend an act relating to the charter of the Town of Shellman, so as to change the name of said town to the City of Shellman; and for other purposes.
HB 62. By Messrs. Payton and Blalock of Coweta:
A bill to amend an act creating a charter for the Town of Grantville; to change the name of the Town of Grantville to the City of Grantville; and for other purposes.
HB 65. By Mr. Odom of Camden:
A bill to authorize and empower the City of St. Marys, Georgia, to abandon and close portions of city streets; to deliver deeds; and for other purposes.
HB 66. By Mr. Odom of Camden:
A bill to amend an act placing certain officials of Camden County on a salary basis in lieu of a fee basis; and for other purposes.
HB 67. By Messrs. Rutland of DeKalb, Smith of Emanuel, Twitty of Mitchell and others:
A bill to amend an act governing and regulating the use of public roads and highways of this State, as amended, so as to change the maximum length limitation on combinations of vehicles; to repeal conflicting laws; and for other purposes.
HB 69. By Mr. Ray of Warren:
A bill to amend an act creating a Commissioner of Roads and Revenues of Warren County; and for other purposes.
HB 71. By Messrs. Cheatham, McGee and Brennan of Chatham:
A bill to further regulate the office of Supervisor of Purchases by providing a list of every person desiring to bid on State purchases; to provide for an affidavit to accompany bids; to repeal conflicting laws; and for other purposes.
HB 72. By Mr. Shuman of Bryan:
A bill to change the compensation of the sheriff, deputy sheriff of 20th GMD, the deputy sheriff of 19th GMD, the Clerk of the Superior
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117
Court of Bryan County from fee to salary system; and for other purposes.
HB 73. By Mr. Shuman of Bryan:
A bill to amend an act to create and establish the office of County Treasurer of Bryan County; to fix the salary of the treasurer; and for other purposes.
HB 74. By Mr. Shuman of Bryan:
A bill to amend an act creating and establishing the City Court of Pembroke; to compensate the solicitor general; to provide for dis posing of fees; and for other purposes.
HB 76. By Mr. Irvin of Habersham:
A bill to amend an act incorporating the Town of Cornelia, authorizing the governing authorities of Cornelia to adopt regulations relative to corporate limits; and for other purposes.
HB 77. By Mr. Irvin of Habersham:
A bill to amend an act creating a new charter for the Town of Baldwin in the counties of Banks and Habersham; to change monthly meeting of mayor and council; and for other purposes.
HB 78. By Mr. Irvin of Habersham:
A bill to amend an act consolidating the offices of Tax Receiver and Tax Collector of Habersham County into one office of Tax Commis sioner; and for other purposes.
HB 84. By Messrs. Griffin and Taylor of Decatur:
A bill to amend an act to establish the city court of Bainbridge, to increase the compensation of the Judge of said city court; and for other purposes.
HB 85. By Mr. Miller of Elbert:
A bill to amend an act creating the office of County Tax Commissioner of Elbert County, to change the compensation of Tax Commissioner; and for other purposes.
HB 86. By Mr. Miller of Elbert:
A bill to place the clerk of the Superior Court and ordinary of Elbert County on a salary basis in lieu of a fee basis; and for other purposes.
HB 87. By Mr. Miller of Elbert:
A bill to amend an act to provide a Board of Commissioners for the County of Elbert, to provide an Advisory Board of Commissioners; and for other purposes.
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HB 89. By Messrs. Lee and Blalock of Clayton:
A bill to authorize a stneographer to be present with Grand Jury while witnesses are examined in counties having a population not less than 22,700 nor more than 23,000; and for other purposes.
HB 90. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act placing the Ordinary of Clayton County on a salary basis in lieu of a fee basis; to change the compensation of ordi nary; and for other purposes.
HB 93. By Mr. Jones of Wayne:
A bill to repeal the charter of Screven, Georgia, to declare the rights, powers and privileges of the municipality, and of its officers; and for other purposes.
HB 94. By Messrs. Cox and Matthews of Clarke:
A bill to amend the charter of the Town of Athens, to close the un opened portion of Carlton Terrace, to transfer public rights; and for other purposes.
HB 97. By Mr. Murphy of Haralson:
A bill to amend code section 92-4101, relating to amount of taxes which a municipal corporation may levy for ordinary expenses, as amended, to provide that sections 92-4101 through 92-4104 shall not apply to any municipality whose charter contains contrary provisions; to repeal conflicting laws; and for other purposes.
Senator Greer of the 6th District, Chairman of the Committee on Public Utilities and Transportation, submitted the following report:
Mr. President:
Your Committee on Public Utilities and Transportation has had under con sideration the following bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
HB 67. Do Pass.
Respectfully submitted,
Greer of 6th District,
Chairman.
Senator Keever of the 47th District, Chairman of the Committee on Penal and Correctional Affairs, submitted the following report:
Mr. President:
Your Committee on Penal and Correctional Affairs has had under con-
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119
sideration the following bill of the Senate, and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
SB 25. Do Pass. Respectfully submitted, Marshall of 28th District, Secretary.
Senator Brooks of the 23rd District, Chairman of the Committee on Banking and Finance, submitted the following report:
Mr. President:
Your Committee on Banking and Finance has had under consideration the following bill of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
SB 34. Do Pass.
Respectfully submitted,
Brooks of 23rd District,
Chairman.
Senator Skelton of the 30th District, Chairman of the Committee on Judi ciary, submitted the following report:
Mr. President: Your Committee on Judiciary has had under consideration the following
bills of the House and Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 32. Do Pass. SB 38. Do Pass. HB 34. Do Pass.
Respectfully submitted, Skelton of 30th District,
Chairman.
The following local, uncontested bill, favorably reported by the committee, was read the third time and put upon its passage:
SB 33. By Senator Brown of the 52nd: A bill to provide for payment of taxes in installments in counties having a population of 300,000 or more and in the principal city located therein; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
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The bill, having received the requisite constitutional majority, was passed.
Senator Ramsey of the 1st District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bills and/or resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for trans mission to the House:
SB 26.
SB 29.
SB 31.
Respectfully submitted,
Ramsey of the 1st District,
Chairman.
The following general bills, favorably reported by the committees, were read the third time and put upon their passage:
SB 32. By Senator Sanders of the 18th:
A bill to amend the act providing for actions against non-residents operating motor vehicles in this State so as to clarify the existing law; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 34. By Senator Brooks of the 23rd:
A bill to amend section 13-2023 of the code of Georgia, so as to author ize certain qualified State banks to purchase shares of stock in Small Business Investment Companies; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 5. By Messrs. Smith of Emanuel, Twitty of Mitchell, Hodges and Parker of Ware and others:
A bill to provide for support of independent school systems which
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121
municipal corporations are authorized by the Constitution to maintain; to authorize ad valorem taxation; and for other purposes.
Senate Sanders of the 18th asked unanimous consent that the committee substitute for HB 5 be withdrawn.
The consent was granted.
Senator Sanders of the 18th offered the following substitute:
A BILL
To be entitled an Act to provide for the support of independent school systems which municipal corporations are authorized by the Constitution to maintain; to authorize ad valorem taxation for the support of such school systems; to limit the purposes for which the power of taxation may be exercised in the support of such independent school systems; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Every municipal corporation having an independent school system which it is permitted by Article III, Section VII, Para graph I, of the Constitution of Georgia to maintain, including any municipal corporation having a public school system established prior to the adoption of the Constitution of 1877, is hereby authorized to levy ad valorem taxes for the support of separate public schools for the white and colored races, not less than five mills nor more than twenty mills upon the dollar of all taxable property within the limits of such municipal corporation, or at such rate, and within such limita tions as to rate, as may heretofore have been fixed by law or consti tutional provision. Such taxes shall be levied by the governing author ity of such municipal corporation upon the recommendation of the board of education of such municipal corporation or other authority charged with the duty of operating such independent school system, and collected as other municipal taxes are collected.
Section 2. The authority hereby conferred upon municipal corpora tions to levy taxes may be exercised only for the purpose of levying such taxes for the support of separate public schools for the white and colored races, and if it shall be held by any court of competent jurisdiction that the support of separate public schools for the white and colored races is illegal or violative of the constitutional rights of any person, or if it shall be finally determined by a court of competent jurisdiction that any such municipal corporation cannot maintain sepa rate schools for the white and colored races, then all power conferred upon any such municipal corporation by this Act shall immediately terminate and cease to be effective and no such municipal corporation shall thereafter have power or authority to levy any tax ad valorem or otherwise, for the support and maintenance of public schools; and the Superior Court of the county shall have jurisdiction to enjoin any attempt to exercise any such power at the suit of any taxpayer of the municipality: provided, however, that the closing of any public school within such municipality by authority of State law shall not prevent the exercise of the power of taxation conferred by this Act
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for the support of public schools thereafter continued in operation as separate public schools for the white and colored races.
Section 3. This Act shall supersede all existing general and local laws authorizing municipal corporations to levy taxes for the support of independent school systems permitted by Article VIII, Section VII, Paragraph I, of the Constitution, including local or general laws authorizing municipal corporations to levy taxes for the support of public school systems established prior to the adoption of the Consti tution of 1877, but the provisions of such existing general and local laws fixing rates of ad valorem taxation for the support of public schools by such municipal corporations shall be deemed to be incorpo rated into this Act insofar as, and only insofar as, such existing general and local laws prescribed rates of ad valorem taxation.
Section 4. All general and special laws and parts of laws in con flict with this Act are hereby repealed. Should sections one and two of this Act, or either of them, be declared invalid, the provisions of section three, and the repealing provision of this section, shall remain of full force and effect.
On the adoption of the substitute, the ayes were 48, nays 1, and the sub stitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to by substitute.
On the passage of the bill, the ayes were 48, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 27. By Senators Vaughn of the 34th and Nixon of the 35th:
A bill to limit the deficiency judgments on debts secured by bills of sale to secure a debt; and for other purposes.
Senator Vaughn of the 34th moved that SB 27 be recommitted to the Committee on Judiciary.
On the motion to recommit, the ayes were 46, nays 0.
The motion prevailed and SB 27 was recommitted to the Committee on Judiciary.
SB 25. By Senator Vaughn of the 34th:
A bill to provide that any child found delinquent and sentenced by a juvenile court shall be confined only in a state training school; and for other purposes.
Senator Carlisle of the 51st moved that SB 25 be recommitted to the Committee on Penal and Correctional Affairs.
On the motion to recommit, the ayes were 24, nays 12.
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123
The motion prevailed and SB 25 was recommitted to the Committee on Penal and Correctional Affairs.
Senator Greer of the 6th moved that the Senate do now adjourn, and the motion prevailed.
The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.
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Senate Journal, Atlanta, Georgia, Thursday, January 29, 1959.
The Senate met pursuant to adjournment at 10:00 o'clock this morning and was called to order by the president.
Scripture reading and prayer was offered by Rev. Alfred L. Pullen, retired Baptist Minister, Ringgold, Georgia.
By unanimous consent the call of the roll was dispensed with.
Senator Clary of the 29th reported that the journal of yesterday's pro ceedings had been read and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Sanders of the 18th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills, and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.
The consent was granted.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House, to wit:
HB 95. By Mr. Phillips of Columbia:
A bill to be entitled an act to incorporate the City of Grovetown in the County of Columbia; and for other purposes.
HB 99. By Messrs. Cheatham, McGee and Brennan of Chatham:
A bill to be entitled an act to amend an act revising and consolidating the several acts relating to and incorporating the town of Warsaw in Chatham County; and for other purposes.
HB 103. By Mr. Ross of Lincoln: A bill to be entitled an act to amend an act creating a Board of
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125
Commissioners of Roads and Revenues for Lincoln County; to increase the compensation of the chairman; and for other purposes.
HB 104. By Mr. Arnsdorff of Effingham:
A bill to be entitled an act to amend an act creating and incorporating the City of Springfield, to change the hours of voting in said city; and for other purposes.
HB 113. By Messrs. Brennan, Cheatham and McGee of Chatham:
A bill to be entitled an act to amend an act to provide for the use of voting machines in certain counties; to provide that machines be arranged so all candidates of a faction of a party may be voted for in one operation; and for other purposes.
HB 114. By Mr. Love of Catoosa:
A bill to be entitled an act to amend an act to create the office of Tax Commissioner of Catoosa County, to provide for additional compen sation for clerk hired for said Commissioner; and for other purposes.
HB 124. By Mr. Trotter of Troup:
A bill to be entitled an act to amend an act to create a new charter for the City of LaGrange, to increase the corporate limits of said City; and for other purposes.
HB 133. By Messrs. Campbell and Coker of Walker:
A bill to be entitled an act to amend an act creating the office of Commissioner of Roads and Revenues for the County of Walker, so as to prohibit the sale of mobile equipment belonging to Walker County by the Commissioner after the nomination of a successor; and for other purposes.
HB 134. By Mr. Coker of Walker:
A bill to be entitled an act to amend an act creating a City Court of Walker County, so as to change compensation of the Judge of said Court; and for other purposes.
HB 135. By Mr. Coker of Walker:
A bill to be entitled an act to amend an act to change the provisions relating to overriding of veto by the City Council of the City of LaFayette; and for other purposes.
HB 141. By Messrs. McClelland, Brooks and Smith of Pulton:
A bill to be entitled an act to amend an act to establish a Local Edu cation Commission in Atlanta and Pulton County to study the educa tional systems of Fulton County and the City of Atlanta, including the portion thereof lying in DeKalb County; and for other purposes.
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HB 142. By Mr. Carr of Dooly:
A bill to be entitled an act creating a charter for the City of Vienna, so as to fix the minimum age of persons entitled to vote in elections within the City of Vienna; and for other purposes.
HB 143. By Messrs. McClelland, Brooks and Smith of Pulton:
A bill to be entitled an act to amend the Fulton County Pension Act which prohibits a Pulton County pensioner from accepting employment in any department of the national, state, municipal or other county government; and for other purposes.
HB 152. By Messrs. Brooks, McClelland and Smith of Pulton:
A bill to be entitled an act to amend an act establishing a new charter for the City of East Point, relating to Land Lots 190, 191 and 194 of 14th District of Pulton County; and for other purposes.
HB 155. By Messrs. Brooks, McClelland and Smith of Fulton:
A bill to be entitled an act to amend an act establishing a new charter for the City of East Point; and for other purposes.
The House has passed, as amended, by the requisite constitutional majority, the following bill of the Senate, to wit:
SB 3. By Senators Jordan of the 25th, Sanders of the 18th and others:
A bill to govern the admission of students to the University of Georgia and all of its branches as to age; and for other purposes.
The House has disagreed to the Senate substitute to the following bill of the House, to-wit:
HB 3. By Messrs. Smith of Emanuel, Twitty of Mitchell, and others:
A bill to create and establish a Joint Committee on the Operations of the General Assembly and for other purposes.
The House has adopted the following resolutions of the House of .Representatives:
HR 86. By Messrs. Smith of Emanuel, Ray of Warren, and others:
A resolution inviting Senators Richard B. Russell and Herman E. Talmadge to address the General Assembly; and for other purposes.
HR 89. By Messrs. Smith of Emanuel, Musgrove of Clinch, and others:
A resolution commending the members and the attorney of the Jekyll Island State Park Authority; and for other purposes.
HR 90. By Messrs. Smith of Emanuel, Musgrove of Clinch, and others:
A resolution expressing appreciation to Honorable Jimmy Williamson and the City of Darien; and for other purposes.
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HR 91. By Messrs. Smith of Emanuel, Musgrove of Clinch, Caldwell of Upson, and Denmark of Liberty:
A resolution relative to progress of State Ports; and for other purposes.
HR 92. By Messrs. Smith of Emanuel, Musgrove of Clinch, Caldwell of Upson, and Denmark of Liberty:
A resolution expressing appreciation to the City of Brunswick, the County of Glynn and the Brunswick-Glynn County Chamber of Com merce; and for other purposes.
HR 93. By Messrs. Smith of Emanuel, Musgrove of Clinch, and others: A resolution expressing appreciation to the Georgia Power Company; and for other purposes.
HR 94. By Messrs. Smith of Emanuel, Musgrove of Clinch, and others: A resolution expressing appreciation to the Hercules Powder Company and to the Brunswick Pulp and Paper Company; and for other purposes.
HR 95. By Messrs. Smith of Emanuel, Musgrove of Clinch, and others. A resolution expressing appreciation to the Union Bag-Camp Paper Corporation; and for other purposes.
HR 96. By Messrs. Smith of Emanuel, Musgrove of Clinch, and others: A resolution expressing appreciation to the Mayor and Board of Aldermen of the City of Savannah and the Board of County Commis sioners of Chatham County; and for other purposes.
The following resolutions of the House and Senate were read and adopted:
SR 23. By Senators Roach of the 39th, Purcell of the 31st, Holton of the 46th, Marshall of the 28th, Pannell of the 43rd, and Marshburn of the 33rd: A resolution relative to the poultry industry; and for other purposes.
HR 86. By Messrs. Smith of Emanuel, Ray of Warren and others: A resolution inviting Senators Richard B. Russell and Herman E. Talmadge to address the General Assembly; and for other purposes.
HR 89. By Messrs. Smith of Emanuel, Musgrove of Clinch, and others: A resolution commending the members and the attorney of the Jekyll Island State Park Authority; and for other purposes.
HR 90. By Messrs. Smith of Emanuel, Musgrove of Clinch, and others: A resolution expressing appreciation to Honorable Jimmy Williamson and the City of Darien; and for other purposes.
HR 91. By Messrs. Smith of Emanuel, Musgrove of Clinch, Caldwell of Upson, and Denmark of Liberty: A resolution relative to progress of State Ports; and for other purposes.
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HE 92. By Messrs. Smith of Emanuel, Musgrove of Clinch, Caldwell of Upson, and Denmark of Liberty:
A resolution expressing appreciation to the City of Brunswick, the County of Glynn and the Brunswick-Glynn County Chamber of Com merce; and for other purposes.
HR 93. By Messrs. Smith of Emanuel, Musgrove of Clinch, and others:
A resolution expressing appreciation to the Georgia Power Company; and for other purposes.
HR 94. By Messrs. Smith of Emanuel, Musgrove of Clinch, and others:
A resolution expressing appreciation to the Hercules Powder Company and to the Brunswick Pulp and Paper Company; and for other purposes.
HR 95. By Messrs. Smith of Emanuel, Musgrove of Clinch, and others:
A resolution expressing appreciation to the Union Bag-Camp Paper Corporation; and for other purposes.
HR 96. By Messrs. Smith of Emanuel, Musgrove of Clinch, and others:
A resolution expressing appreciation to the mayor and board of alder men of the City of Savannah and the Board of County Commissioners of Chatham County; and for other purposes.
The following bills and resolutions were introduced, read the first time and referred to committees:
SB 46. By Senators McGill of the 50th, Mobley of the 17th, Clary of the 29th, Purcell of the 31st and Breedlove of the 27th:
A bill to amend Section 5-9914 of the Code of Georgia relating to the failure to pay for agricultural products so as to extend the provisions of said Section to include poultry, timber and pulpwood; and for other purposes.
Referred to the Committee on Agriculture and Natural Resources.
SB 47. By Senators Vaughn of the 34th and Nixon of the 35th:
A bill to amend Section 13-2015 of the Code of Georgia pertaining to limitations on investment in real estate by banks so as to provide that the provisions of said section shall not apply to certain loans; and for other purposes.
Referred to the Committee on Banking and Finance.
SB 48. By Senator Brown of the 52nd:
A bill to amend an act (Ga. Laws 1943, p. 442) providing for the establishment and maintenance of common trust funds so as to fix the time within which participation may be admitted to or withdrawn from the common trust fund after valuation of the securities in such fund; and for other purposes.
Referred to the Committee on Banking and Finance.
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SB 49. By Senator Brown of the 52nd:
A bill to amend the Charter of the City of Atlanta so as to authorize the laying of water mains in the unincorporated area of Fulton County where such water mains are necessary to the health of the inhabitants of such county; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 50. By Senator Brown of the 52nd:
A bill to amend an act (Ga. Laws 1946, p. 174-191), pertaining to voting machines so as to provide that voting machines shall remain locked for a period of at least 15 days, to provide exceptions; and for other purposes.
Referred to the Committee on Rules.
SR 21. By Senator Land of the 21st:
A resolution to designate the bridge over Big Sandy Creek on State Highway 18 as the H. A. Fountain Bridge; and for other purposes.
Referred to the Committee on Rules.
SR 22. By Senator Brown of the 52nd:
A resolution proposing an amendment to Article VII, Section V, Para graph 1, of the Constitution of Georgia so as to authorize the governing authorities of Fulton County to hold harmless certain persons against loss by reason of errors in tax computations by electrical equipment; and for other purposes.
Referred to the Committee on Rules.
HB 95. By Mr. Phillips of Columbia:
A bill to incorporate the City of Grovetown in the County of Columbia; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 99. By Messrs. Cheatham, McGee and Brennan of Chatham:
A bill to amend an act revising and consolidating the several acts relating to and incorporating the town of Warsaw in Chatham County; r.nd for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 103. By Mr. Ross of Lincoln:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Lincoln County; to increase the compensation of the chairman; and for other purposes.
Referred to the Committee on County and Municipal Governments.
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HB 104. By Mr. Arnsdorff of Effingham:
A bill to amend an act creating and incorporating the City of Spring field; to change the hours of voting in said city; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 113. By Messrs. Brennan, Cheatham and McGee of Chatham:
A bill to amend an act to provide for the use of voting machines in certain counties; to provide that machines be arranged so all candidates of a faction of a party may be voted for in one operation; and for other purposes.
Referred to the Committee on Rules.
HB 114. By Mr. Love of Catoosa:
A bill to amend an act to create the office of Tax Commissioner of Catoosa County, to provide for additional compensation for clerk hired for said commissioner; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 124. By Mr. Trotter of Troup:
A bill to amend an act to create a new charter for the City of LaGrange, to increase the corporate limits of said city; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 133. By Messrs. Campbell and Coker of Walker:
A bill to amend an act creating the office of Commissioner of Roads and Revenues for the County of Walker, so as to prohibit the sale of mobile equipment belonging to Walker County by the Commissioner after the nomination of a successor; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 134. By Mr. Coker of Walker:
A bill to amend an act creating a City Court of Walker County, so as to change compensation of the Judge of said court; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 135. By Mr. Coker of Walker:
A bill to amend an act to change the provisions relating to overriding of veto by the City Council of the City of LaFayette; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 141. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend an act to establish a Local Education Commission in Atlanta and Fulton County to study the educational systems of
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Fulton County and the City of Atlanta, including the portion thereof lying in DeKalb County; and for other purposes.
Referred to Committee on Educational Matters.
HB 142. By Mr. Carr of Dooly:
A bill creating a charter for the City of Vienna, so as to fix the minimum age of persons entitled to vote in elections within the City of Vienna; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 143. By Messrs. McClelland, Brooks and Smith of Pulton: A bill to amend ths Fulton County Pension Act which prohibits a Fulton County pensioner from accepting employment in any depart ment of the national, state, municipal or other county government; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 152. By Messrs. Brooks, McClelland and Smith of Fulton: A bill to amend an act establishing a new charter for the City of East Point, relating to Land Lots 190, 191 and 194 of 14th District of Fulton County; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 155. By Messrs. Brooks, McClelland and Smith of Fulton: A bill to amend an act establishing a new charter for the City of East Point; and for other purposes.
Referred to the Committee on County and Municipal Governments.
The following bills and resolutions were read the second time:
SB 42. By Senator Brown of the 52nd:
A bill to provide for the regulation of signs displayed by retailers of motor fuel, advertising the price of such motor fuel, so as to prevent advertising practices deceptive to the public; and for other purposes.
SB 43. By Senator Brown of the 52nd:
A bill to amend Section IB-222 of the Code of Georgia so as to provide that the State Oil Chemist shall be among those charged with the enforcement of said Code Section; and for other purposes.
SB 44. By Senators Vaughn of the 34th and Nixon of the 35th:
A bill to amend Section 67-2002 (3) of the Code of Georgia so as to provide a means for the enforcement of liens without the necessity of filing a suit against a contractor or subcontractor in the event they have been adjudicated a bankrupt; and for other purposes.
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JOURNAL OF THE SENATE.
SB 45. By Senator Darby of the 15th:
A bill to amend the act creating the office of Commissioner of Roads and Revenue for Toombs County so as to provide that the fiscal year for Toombs County shall correspond to the calendar year; and for other purposes.
SR 20. By Senator Screws of the 9th:
A resolution proposing an amendment to the Constitution of Georgia so as to provide that a member of the County Board of Education of Baker County must be a freeholder; and for other purposes.
HB 12. By Messrs. Smith of Emanuel, Twitty of Mitchell, Bagby of Paulding, and others:
A bill to repeal an act approved March 25, 1958 (Ga. L. 1958, p. 337), dealing with the creation of a Georgia Recreation Commission; to repeal conflicting laws; and for other purposes.
HB 43. By Messrs. Smith of Emanuel, Twitty of Mitchell, and Bagby of Paulding:
A bill to amend an act creating the "Oil and Gas Commission", to abolish said Oil and Gas Commission and transfer its duties, powers and functions to the Director of Department of Mines, Mining and Geology; and for other purposes.
HR 54. By Messrs. Matthews and Cox of Clarke:
A resolution authorizing ordinaries and clerks of the superior courts to lend the newspapers from their official files to the University of Georgia libraries for microfilming and relieving the ordinaries and clerks of liability.
Senator Brown of the 52nd District, Chairman of the Committee on Municipal Governments, submitted the following report:
Mr. President:
Your Committee on County and Municipal Governments has had under consideration the following bills of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 40. Do Pass.
HB 76. Do Pass.
HB 77. Do Pass.
HB 78. Do Pass.
HB 84. Do Pass.
HB 93. Do Pass.
Respectfully submitted,
Brown of 52nd District,
Chairman.
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Senator Doster of the 48th District, Chairman of the Committee on Agri culture and Natural Resources, submitted the following report:
Mr. President:
Your Committee on Agriculture and Natural Resources has had under consideration the following hills and resolutions of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 24. Do Pass. SB 36. Do Pass. HB 6. Do Pass. HB 13. Do Pass. SR 17. Do Pass.
SR 18. Do Pass.
Respectfully submitted,
Doster of 48th District,
Chairman.
The president appointed as a committee to escort the Governor to the joint session the following:
Senators Watson of the 36th, Barrett of the 45th and Livingston of the 38th.
The hour for convening the joint session of the Senate and House having arrived, the president, accompanied by the secretary and senators proceeded to the hall of the House of Representatives, and the joint session called for the purpose of accepting a portrait of the late Senator Walter F. George, was called to order by the president of the Senate, Honorable Garland T. Byrd.
The secretary of the Senate read the resolution providing for the joint session.
Accompanied by Governor Vandiver, the committee of escort and other distinguished guests, Representative E. L. Forrester appeared upon the floor of the House.
The president of the Senate introduced the Honorable E. L. Forrester, United States Representative from the 3rd District, and made the following remarks:
Governor Vandiver, Mr. Speaker, Members of the General Assembly, Distinguished Visitors:
This is a high honor and privilege I have today, and it also affords me a great deal of personal pleasure.
The distinguished gentleman I have the honor to present to you, I have known all of my life.
As long as I can remember, he has been my ideal of a dedicated public servant.
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The Congressman from Georgia's third district is a native of Lee County. He entered the Military Service in World War I from Lee County.
He was admitted to the bar, and practiced law in his home county.
For thirteen years, he served as the Solicitor of the City Court of Leesburg. For nine years, he was Mayor of his home city. For ten years, he was County Attorney.
So that I do not mislead you about his age, may I say that he held more than one official position at the same time.
In 1937, he was elected Solicitor General of the Southwest Circuit.
In 1950, he was elected to Congress, where he has served with distinction since then.
The Honorable Tic Forrester is my kind of Congressman.
He's Georgia's kind of Congressman.
There is no greater champion of States Rights, in all the Congress, than Tic Forrester.
He speaks out boldly--forcefully--with knowledge and with logic--in behalf of our historic traditions, our way of life, our principles of Government.
He is respected by his fellow members of Congress, not only from Georgia, but from the rest of the nation. They value his advice and his counsel.
I have been indeed fortunate, that in my career as a lawyer, in my public life, that I have been able to have Congressman Forrester as a close personal friend. He has never been too busy to listen to my troubles, and to offer understanding and aid.
He has been an inspiration to me.
It is a great honor for me to present to the General Assembly of Georgia --my Congressman--the Honorable E. L. (Tic) Forrester, Representative from the Third Congressional District.
Representative Forrester, in presenting the portrait of the late Senator Walter F. George to the State of Georgia, gave the following address:
Governor Vandiver, Lieutenant-Governor Byrd, Mr. Speaker, Distinguished Guests and Members of the General Assembly:
We have met here today in joint assembly to do a just, deserved, and honorable thing.
Friends from every section of Georgia, believing that the life and service of the Honorable Walter F. George required and demanded a conspicuous place in the hearts of all Georgians, and that they owed to posterity the preservation of a likeness of this great and honored servant, thought it fit and proper that a life-size portrait of this distinguished servant be prominently and proudly displayed by our State in her own Capitol. Those friends purchased the hand some portrait exhibited here today and painted by Honorable Boris Gordon, an artist of international fame and a personal friend of Senator George.
Honorable Buford Carr, the representative in our General Assembly from the county that this great man made his home, introduced a resolution providing
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that this portrait be given the State of Georgia by its owners, with the provi sion that it occupy a prominent place in our Capitol. With the wonderful cooperation of our governor, speaker of the House, president of the Senate and all members of both houses, that resolution was speedily passed. Further, a resolution was passed providing that a joint session of the General Assembly convene this day at 11:00 A.M., so that at a public ceremony, this portrait might be given to the governor, acting for our state, to receive it in behalf of the state. This 29th day of January was not chosen by chance, but by design, for the reason that the 29th day of January happens to be the birthday of the late and honored Walter F. George, and this fact influenced the setting of the date when the executive, legislative, and judicial departments of our state could together meet in joint convention and publicly attend and approve this pact between the friends of Senator George and the State of Georgia, and pay honor and tribute to that great man and public servant.
It so happens that I am the congressman from the district that the late Walter F. George made his home during all of his life. That fact I am sure accounts for the high honor given me this day in being permitted to present this portrait to our state. From my earliest boyhood I knew Walter F. George, and I, in common with other boys was inspired from boyhood by the life, character, ability, and service of this man. He was born and reared in Webster County, Georgia, not many miles from where I was born and reared. He was the son of a tenant fp.rmer, and tenant farmers were common in that section, particu larly within a 20-year period after the War Between the States. He knew poverty in a material way, for material or financial poverty was prevalent in all sections of our state. His chances for an education were meager; he had to work for a living and the education he obtained. He did have the privilege of being reared in a Christian home and Christian community. There was no poverty of soul or spirit, and no poverty in the will and desire to succeed and be of service. Under present-day psychology and sociology, as taught by leftwingers and do-gooders, the environment he was born and reared in would have made him a Communist, and Communism would have abounded throughout that land. This man believed that he was the captain of his own soul and that he could go as far as his ability, will to work, and his friends would permit him to go. The environment from which this man came produced no Communism. Instead, it produced real men and women, and there is no Communism in that section to this day. Poverty and his environment were never looked upon as handicaps by this man, and he always looked back upon his boyhood in Webster County with pleasure and appreciation and, as he termed it, "the privilege to live and grow up with real people". He liked to point with much pride that his little home county of Webster produced during those financially poverty-stricken years two eminent justices of our Supreme Court, the Honorable R. C. Bell and Honorable Frank Jenkins.
I had the privilege of being solicitor general of the circuit in which this man was born and reared for fourteen years. I know those people as he had known them; I have pride in them as he did; I know the indelible marks that section made upon his great character; I know the people of Vienna and the Cordele Circuit and the people he served as prosecutor and judge and they were and are great people. In that particular circuit he met Miss Lucy, the guiding star of his life, and there he reared his family. There he became solicitor general, and there he became judge of the Superior Court. Then he was called to other and higher posts by his state and nation.
He was and is the all-time favorite son of the Third Congressional District of Georgia. We are extremely grateful for the fact that all Georgians learned to love him and appreciate him as we do.
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He was the father of vocational education. He knew that manual labor was honorable from personal experience, and he knew how badly that education was needed.
He was the architect of the social security system. He loved people, partic ularly little people. When you see the rise in our standard of living, the fertile fields, comfortable homes, electric energy with implements performing burden some tasks that once made men and women old before their time, you are to some extent seeing the results of this man's life.
It would indeed be hard to point out the most beautiful color of the rainbow. Out of the marvelous life of this man, it would be equally hard to judge his greatest service. If one should say that vocational education was the greatest, I would not argue the point; if one said social security legislation was the most outstanding, I would not dispute that; if one should say that working as a peacemaker in a war-torn world was the ultimate, I would not contest that. I do want to point out, however, and impress indelibly upon our minds that occasion when he rose to the sublime heights of duty and throttled the desire of the greatest politician and one of the most magnetic personalities ever to enter public life to pack the Supreme Court. Senator George boldly asserted that, "An independent judiciary is indispensable to our form of government." His voice was a courageous one in opposition to any plan to make our highest court subservient to the executive. In answer to the argument that we were facing an emergency, he rightfully contended that our Constitution was drawn in an emergency for the express purpose of preventing the usurping of the rights of the people under the guise of an emergency and that an emergency was no excuse to break or destroy our Constitution, for our Constitution must survive emergencies if it be of any value.
We remember that at Barnesville, Georgia, the President of the United States, speaking at the dedication of a rural electrification project, told that audience that "Walter and I do not speak the same language," and urged his defeat. But we remember most vividly that as soon as the President concluded his address, Senator George shook the President's hand, and throughout this land by the medium of radio the Senator's voice was heard saying, "Mr. Presi dent, I want you to know I accept your challenge."
Walter George served in the United States Senate for thirty-four years. He served on fifteen different Senate committees and was chairman of two of the most important--the Finance Committee and the Foreign Relations Committee.
My friends, this world needs and demands men and women who are willing to accept the challenges of the times. Somehow we must, and our state will, continue to develop boys and girls who can say, "I accept your challenge" and carry on the fight for the principles that have made our nation great despite entrenched opposition. Never have we needed men and women as we need them now to challenge the destroyers of our Constitution, our Bible, our religion, our way of life and those spurious teachings that "only brotherhood can save our nation" and that "we must be tolerant of all." The long-remembered effects of court-packing and the "brotherhood of man" and "tolerance" has produced the spineless citizen, the man who has no cultural sensibilities, who cannot be aroused to indignation, the man who sees moral disaster and political disaster confronting his country but is so tolerant, so unprejudiced, so kind to the enemies of his country that he cannot develop the will to resist. He is a faceless, characterless putty-man.
My friends, Senator George foresaw the crisis now prevailing in our land.
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He was the one who led the way and it is courage like his that sustains us now to stand up and fight in the heat of the day.
So, Mr. Governor, I proudly present to you as the highest officer of our state this portrait of the great, humble, and noble man, together with this gold plate bearing the inscription showing his tenure of public office. I commend to the people of this country the life of this man, and recommend that they rise up while there is yet time and save this country and our Constitution from those who are destroying our country by destroying our character and courage.
Governor Vandiver, in accepting the portrait of the late Senator Walter F. George, delivered the following address:
Congressman Forrester, Lieutenant-Governor Byrd, Speaker Smith, Officers of the General Assembly, State House Officials, Members of the family of the Late Illustrious Senator, and My Friends:
It is fitting that we come here today to again pay our homage to one of Georgia's most honored sons and one of the most illustrious statesmen of the present century.
I want to associate myself with the remarks just concluded by the able Congressman from the Third Georgia District, my warm friend, the Honorable E. L. "Tic" Forrester.
To those of us who hold positions of public trust and responsibility, Senator George's career stands out amidst the din and strife of the present as a beacon of inspiration to guide us safely through troubled waters.
His magnificent sincerity of purpose which came to the fore on occasion after occasion to serve and to save his country in time of peril is an example that we of today should be proud to follow and to emulate.
A Senator's Senator . . . the recognized Dean of the greatest deliberative body on earth and the idol of his people . . . Walter Franklin George, of Georgia.
Truly the phrase "of Georgia" is particularly timely in a reference to this able statesman since he was loved and admired in every militia district of this State from the mountains to the sea.
Senator George held the confidence of his fellow Senators.
He was relied upon as a powerful support and counselor by several Presi dents of this nation.
He was a foremost leader in shaping the foreign affairs of this nation for several decades.
He was known as one of the ablest fiscal experts of the country as he served in a high post on the Senate finance committee.
As an advisor to younger members of that body he was highly respected and won the esteem of many colleagues who are now serving in leading posts in public affairs.
Senator George was an able speaker, a powerful advocate of causes which he believed to be right and was a man noted for his sterling integrity and his keen conception of personal honor.
Instances of his true greatness are legion. But perhaps the greatest of
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these came in the last months of his career when he worked with genius and initiative to secure peace among the nations of the earth.
And, I might add, when the burdens of State grew heavy about his shoulders, he bore them cheerfully, with dignity and grace, sustained as he was, by his gracious, lovely and devoted wife . . . "Miss Lucy".
Here, today, in accepting this portrait we express our admiration of this great Georgian and at the same time convey to the members of his family and to his friends our deep appreciation of his services to our State, to our nation and to the world.
Let us join here in honoring this titan of statesmanship who did so much for his people and who deserves so much appreciation from his fellow Georgians.
The benediction was pronounced by Dr. L. C. Cutts, pastor of the Vienna Baptist Church, Vienna, Georgia.
The president of the Senate presented Honorable Heard F. George, son of the late Senator George, and Honorable Boris Gordon, who painted the lifesize portrait of the late Senator George, to the members of the General Assembly.
Mr. Twitty of Twiggs moved that the joint session be now dissolved and the motion prevailed.
The president of the Senate announced the joint session dissolved.
The Senate reconvened in the Senate chamber and resumed the regular order of business.
The following general bills, favorably reported by the committees, were read the third time and put upon their passage:
SB 38. By Senators Dykes of the 2nd, Doster of the 48th, Slade of the 14th, and others.
A bill to amend section 59-101 of the Code of Georgia of 1933, which provides for the appointment, number, qualifications, term and removal of Jury Commissioners of the several counties of this state; to provide that the Grand Jury shall recommend citizens to the Judge of the Superior Court; to provide that the Grand Jury may recommend the removal of any Jury Commissioner; to provide that the Judge may act upon the Grand Jury's recommendations of removal of a jury com missioner; to provide for filling an unexpired term; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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139
HB 67. By Messrs. Rutland of DeKalb, Smith of Emanuel, Twitty of Mitchell, Johnson of Jenkins, McCrackin of Jefferson and Phillips of Columbia:
A bill to amend an act governing and regulating the use of the public roads and highways of this State, so as to change the maximum length limitation on combinations of vehicles; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Greer of the 6th asked unanimous consent that HB 67 be imme diately transmitted to the House.
The consent was granted.
HB 34. By Messrs. Floyd of Chattooga, Cheatham of Chatham, Hale of Bade, Smith of Whitfield, Parker of Ware, Brooks of Pulton, and many others.
A bill to amend an act providing for the creation of office of Judge of the Superior Courts Emeritus, so as to provide that a Judge in order to be eligible to receive the benefits provided by said act, must begin making contributions required by said act by June 1, 1959, or within ninety days after taking office as Judge of the Superior Court, whichever date shall be later; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill of the Senate was taken up for the purpose of considering House amendments thereto:
SB 3. By Senators Jordan of the 25th, Sanders of the 18th, and many others.
A bill to govern the admission of students to the University of Georgia and all its branches as to age; to declare exceptions thereto; to repeal conflicting laws; and for other purposes.
The House Committee on State of Republic offered the following amendment:
Amend SB 3 by deleting the word "unusual" in the fifteenth (15th) line of section 1, and inserting in lieu thereof the word "such".
On the adoption of the amendment, the ayes were 43, nays 0, and the amendment was adopted.
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Mr. Payton of Coweta offered the following amendment:
Amend SB 3 by adding at the end of section 1, the following sentence:
"Provided, further, that persons who have been prohibited from making application for admission to college before reaching the age of 21 or 25, respectively, because of military service in the Armed Forces of the United States, shall not be denied admission because of age.
On the adoption of the amendment, the ayes were 43, nays 0, and the amendment wae adopted.
Senator Ramsey of the 1st District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bills and/or resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the Governor:
SB 1.
SB 2.
SB 4.
SB 5.
SB 6.
SB 7.
SB 8.
SB 9.
SB 10.
Respectfully submitted, Ramsey of the 1st District,
Chairman.
Senator Ramsey of the 1st District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bills and/or resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the House:
SB 32.
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141
SB 33. SB 34.
Respectfully submitted, Ramsey of the 1st District,
Chairman.
The following bill of the house was taken up for the purpose of considering House action thereon:
r HB 3. By Messrs. Smith of Emanuel, Twitty of Mitchell, and others:
A bill to create and establish a Joint Committee on the Operations of the General Assembly; and for other purposes.
Senator Sanders of the 18th moved that the Senate insist on its position on HB 3 and that a Committee of Conference be appointed.
On the motion, the ayes were 43, nays 9, and the motion prevailed.
The president appointed as a committee on the part of the Senate: Senators Sanders of the 18th, Jordan of the 25th and Greer of the 6th.
Senator Sanders of the 18th moved that the Senate do now adjourn until 11:00 o'clock Monday morning and the motion prevailed.
The president announced the Senate adjourned until 11:00 o'clock Monday morning.
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JOURNAL OP THE SENATE,
Senate Chamber, Atlanta, Georgia, Monday, February 2, 1959.
The Senate met pursuant to adjournment at 11:00 o'clock this morning and was called to order by the president.
Scripture reading and prayer was offered by Rev. Tom Kay, pastor, First Baptist Church, Washington, Georgia, and Rev. James E. Rogers, chaplain, Veterans Administration Hospital, Atlanta, Georgia.
By unanimous consent the call of the roll was dispensed with.
Senator Clary of the 29th reported that the journal of Thursday's proceed ings had been read and found correct.
Senator Sanders of the 18th moved that the Senate reconsider its action on HB 34.
On the motion to reconsider, the ayes were 38, nays 0.
The motion prevailed and HB 34 was placed back on the calendar.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Sanders of the 18th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions.
4. Reports of standing committees. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.
The consent was granted.
The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House, to wit:
SB 11. By Senators Sanders of 18th, Jordan of 25th, and many others:
A bill to be entitled an act to repeal an act approved March 27, 1941 (Ga. Laws, 1941, p. 257), known as the "State Park Authority Act," dealing with the corporate operation of the State Park facilities; to repeal conflicting laws; and for other purposes.
MONDAY, FEBRUARY 2, 1959
143
SB 12. By Senators Sanders of 18th, Jordan of 25th, and others:
A bill to be entitled an act to repeal an act approved March 13, 1957 (Ga. Laws 1957, p. 446), dealing with the creation of a State Planning Commission; to repeal conflicting laws; and for other purposes.
SB 13. By Senators Sanders of 18th, Jordan of 25th, and many others:
A bill to be entitled an act to amend sec. 101-107 and 101-108 of the Code of Georgia so as to abolish the State Library Committee; to authorize all State officials to consult with the State Librarian; and for other purposes.
SB 14. By Senators Sanders of 18th, Jordan of 25th, and many others:
A bill to be entitled an act to amend an act creat'ng the office of Georgia Safety Fire Commissioner, so as to abolish the Advisory Board and the Appeal Board provided for in said Act; to provide for appeals from rulings of the State Fire Marshal; to repeal conflicting laws; and for other purposes.
SB 15. By Senators Sanders of 18th, Jordan of 25th, and many others:
A bill to be entitled an act to amend an act dealing with the creation of an Aeronautics Advisory Board; by repealing Section 3 thereof; and for other purposes.
SB 16. By Senators Sanders of 18th, Jordan of 25th, and many others:
A bill to be entitled an act to repeal an act known as the "Veterans Resettlement Act of 1945," dealing with the corporate financing of veterans' benefits; to repeal conflicting laws; and for other purposes.
SB 17. By Senator Sanders of 18th, Senator Jordan of 25th, and others:
A bill to be entitled an act to amend an act known as the "Georgia Industrial Loan Act," dealing with the regulation of loans of $2,500 or less, by repealing Section 6 (b) thereof; and for other purposes.
SB 18. By Senators Sanders of 18th, Jordan of 25th, and many others:
A bill to be entitled an act to repeal an act approved July 26, 1922 (Ga. Laws 1922, p. 71) and codified in Code of Georgia, 1933, as Sections 99-401 through 00-405, dealing with Georgia Childrens Code Commis sion; repeal conflicting laws; and for other purposes.
SB 19. By Senators Sanders of 18th, Jordan of 25th, and many others:
A bill to be entitled an act to amend an act providing for the election of presidential electors, so as to transfer the duties of the Board of Election Commissioners to the Election Commission; to repeal con flicting laws; and for other purposes.
SB 20. By Senators Sanders of 18th, Jordan of 25th, and many others:
A bill to be entitled an act to amend an act effecting a complete revision of the laws of this State relating to the qualifications and
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JOURNAL OF THE SENATE,
registration of voters, so as to transfer the duties of the State Registra tion and Election Information Board to the Elections Commission; and for other purposes.
SB 21. By Senators Sanders of 18th, Jordan of 25th, and others:
A bill to be entitled an act to amend Code section 34-2402 relating to the election and canvassing of votes for United States Senators so as to provide that the elections commission shall canvass such votes; and for other purposes.
SB 22. By Senators Sanders of 18th, Jordan of 25th, and many others:
A bill to be entitled an act to amend an act providing for absentee voting by members of the military, as amended, so as to transfer the duties of the State War Ballot Commission to the Elections Commission; to repeal conflicting laws; and for other purposes.
SB 23. By Senators Sanders of 18th, Jordan of 25th, and many others:
A bill to be entitled an act creating the Elections Commission; to pro vide for the composition, duties, powers, and functions of said Commis sion; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.
HB 158. By Messrs. Busbee and Odom of Dougherty:
A bill to be entitled an act to amend an act to create a Board of Com missioners of Roads and Revenues of Dougherty County; to provide number of commissioners thereof; and for other purposes.
HB 159. By Messrs. Busbee and Odom of Dougherty:
A bill to be entitled an act authorizing Dougherty County to provide for construction and paving streets, sidewalks or curbing in urban areas of Dougherty County; and for other purposes.
HB 160. By Messrs. Busbee and Odom of Dougherty:
A bill to be entitled an act to increase the number of members of the Board of Commissioners of Roads and Revenues of Dougherty County from three to five; and for other purposes.
HB 163. By Mr. Ellis of Henry:
A bill to be entitled an act to amend an act relating to additional duties of clerks of superior courts in counties of not less than 15,200 nor more than 15,900; and for other purposes.
HB 167. By Messrs. Blalock and Lee of Clayton:
A bill to be entitled an act to amend an act providing that in certain counties, upon recommendation of two consecutive grand juries, the governing authorities shall regulate county police on civil service plan; and for other purposes.
MONDAY, FEBRUARY 2, 1959
145
HB 170. By Messrs. Smith and Winkle of Whitfield:
A bill to be entitled an act to amend an act consolidating, amending and codifying the various acts incorporating the City of Dalton; to provide a tax to pay principal and interest on bonds; and for other purposes.
HB 171. By Messrs. Smith and Winkle of Whitfield:
A bill to be entitled an act to amend an act consolidating, amending and codifying the various acts incorporating the City of Dalton to provide for closing of White Street; and for other purposes.
HB 172. By Messrs. Smith and Winkle of Whitfield:
A bill to be entitled an act to amend an act consolidating, amending and codifying the act incorporating the City of Dalton, to change pro visions relating to Civil Service Commission of Dalton; and for other purposes.
HB 173. By Messrs. Hall, Lowrey and Scoggin of Floyd:
A bill to be entitled an act to amend an act creating a new charter and municipal government for the City of Rome, to extend the corporate limits; and for other purposes.
HB 174. By Messrs. Hall, Lowrey and Scoggin of Floyd:
A bill to be entitled an act to amend an act creating a new charter for the City of Rome, regulating authority of the City to make tempo rary loans; and for other purposes.
HB 175. By Mr. Moate of Hancock:
A bill to be entitled an act regulating the charter for the City of Sparta; to extend the city limits; and for other purposes.
HB 176. By Messrs. Bostick and Branch of Tift, Jones of Worth, and Hudson of Irwin:
A bill to be entitled an act to amend an act abolishing the fee system in Superior Courts of the Tifton Judicial Circuit, to fix salary of Solicitor of said circuit; and for other purposes.
HB 179. By Mr. Jones of Crawford:
A bill to be entitled an act to amend an act creating the Board of Commissioners of Roads and Revenues of Crawford County; and for other purposes.
HB 191. By Mr. Smith of Emanuel:
A bill to be entitled an act to amend an act incorporating the City of Swainsboro, so as to change the corporate limits of the city; and for other purposes.
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JOURNAL OF THE SENATE,
The House has adopted the following resolution and bills of the House:
HR 97. By Messrs. Gross of Stephens and Palmer of Mitchell:
A resolution relative to the inspection of State property in Chattanooga, Tennessee; and for other purposes.
HB 50. By Mr. Orr of Wilkes:
A bill to be entitled an act requiring carnivals, circuses, and other itinerant shows to appoint a resident agent for service and file bond on insurance policy subject to damages caused by such show, to author ize the Secretary of State to prescribe and require use of standard form for such bonds; and for other purposes.
HB 68. By Messrs. Kirkland of Atkinson, Hodges and Parker of Ware, and others:
A bill to be entitled an act to amend an act relating to collecting, preserving and managing the estate and paying the debts, to provide that executors and administrators may borrow money for the purpose of paying any gift, estate, inheritance, income, sales or ad valorem taxes; and for other purposes.
HB 88. By Messrs. Lanier of Candler, Tamplin of Morgan, and many others:
A bill to be entitled an act to amend an act creating the Milk Control Commission, etc., to change administration from the Milk Control Commission to the Commissioner of Agriculture; and for other purposes.
HB 98. By Messrs. Murphy of Haralson, Tamplin of Morgan, and others:
A bill to be entitled an act to amend an act relating to free tuition to the common schools, to provide that children who will be six years of age before the last day of December shall enter school at beginning of school year which begins same calendar year of sixth birthday; and for other purposes.
HB 112. By Messrs. Carswell and Tucker of Burke, and others:
A bill to be entitled an act to carry into effect an amendment relating to homestead exemption for certain disabled veterans; and for other purposes.
HB 156. By Messrs. Busbee and Odom of Dougherty:
A bill to be entitled an act to amend an act providing for merger of the school systems of the City of Albany and Dougherty County, to provide eligibility of members of the Dougherty County Board of Education; and for other purposes.
HB 157. By Messrs. Busbee and Odom of Dougherty:
A bill to be entitled an act to provide that violation of building codes adopted by Dougherty County, pursuant to Constitution Amendment of 1956, shall be a misdemeanor; and for other purposes.
MONDAY, FEBRUARY 2, 1959
147
The following resolution was read and adopted:
HR 97. By Messrs. Gross of Stephens and Palmer of M'tchell:
A resolution relative to the inspection of State property in Chatta nooga, Tennessee; and for other purposes.
The following bills were introduced, read the first time and referred to committees:
SB 51. By Senator Sanders of the 18th:
A bill to amend Sections 26-3908, to and including 26-3912, relating to the counterfeiting or passing any bank note; so as to extend the provisions of said sections to all banks; and for other purposes.
Referred to the Committee on Banking and Finance.
SB 52. By Senator Sanders of the 18th:
A bill to amend an act known as the Uniform Act Regulating Traffic on Highways, (Ga. Laws 1953, Nov.-Dec. Sess. p. 556,) so as to define reckless driving; and for other purposes.
Referred to the Committee on Highways:
SB 53. By Senator Sanders of the 18th:
A bill to declare contraband, any pistol which is carried illegally by any person after the conviction of said person; and for other purposes.
Referred to the Committee on Judiciary.
SB 54. By Senator Sanders of the 18th:
A bill to amend an act authorizing a stenographer to be present with the Grand Jury in certain counties, (Ga. Laws 1945, p. 1017), so as to make said Act applicable in every county in the State; and for other purposes.
Referred to the Committee on Judiciary.
SB 55. By Senator Sanders of the 18th:
A bill to provide that realty acquired by a bona fide purchaser from a widow, where such realty has been devised to the widow by will, shall not be a part of the year's support set aside to a child of the testator entitled to a year's support; and for other purposes.
Referred to the Committee on Judiciary.
SB 56. By Senator Sanders of the 18th:
A bill to provide that upon the second or subsequent conviction under the lottery statutes, the maximum imprisonment therefor shall be imposed; and for other purposes.
Referred to the Committee on Rules.
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JOURNAL OF THE SENATE,
SB 57. By Senators Sanders of the 18th, Jordan of the 25th and Culpepper of the 7th:
A bill to amend an act known as the Uniform Act Regulating Traffic on Highways, (Ga. Laws 1953, Nov.-Dec. Sess. p. 556), so as to provide the method of marking no-passing zones; and for other purposes.
Referred to the Committee on Highways.
SB 58. By Senator Sanders of the 18th:
A bill to make it illegal to sell, possess, purchase or control any lottery tickets; and for other purposes.
Referred to the Committee on Rules.
SB 59. By Senator Roper of the 19th:
A bill to repeal an act authorizing the Ordinary of each county to return a marriage license with the return thereon when the same shall have been recorded as provided by law, (Ga. Law 1958, p. 331) ; and for other purposes.
Referred to the Committee on Judiciary.
SB 60. By Senator Roper of the 19th:
A bill to repeal Sections 53-204, 53-205 and 53-206 of the Code of Georgia relating to posting notice of application for a marriage license; and for other purposes.
Referred to the Committee on Judiciary.
SB 61. By Senator Clary of the 29th:
A bill to provide that no school in any county having a population of not less than 11,270 and not more than 11,700 shall be consolidated into one school except after the approval by a majority of the voters voting; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 62. By Senator Lindsey of the 53rd:
A bill to amend an Act creating a charter for the Town of Lenox so as to change the length of the term of the councilmen for said town; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 63. By Senator Carlisle of the 51st:
A bill to amend an act providing for holding of three terms of the Superior Court of Houston County, so as to provide that the Grand Jury drawn for the April term shall also serve for the August term of said Court; and for other purposes.
Referred to the Committee on Judiciary.
MONDAY, FEBRUARY 2, 1959
149
HB 50. By Mr. Orr of Wilkes:
A bill requiring carnivals, circuses and other itinerant shows to appoint a resident agent for service and file bond on insurance policy subject to damages caused by such show, to authorize the Secretary of State to prescribe and require use of standard form for such bonds; and for other purposes.
Referred to Committee on Industry and Labor.
HB 68. By Messrs. Kirkland of Atkinson, Hodges and Parker of Ware and others:
A bill to amend an act relating to collecting, preserving and managing the estate and paying the debts, to provide that executors and admin istrators may borrow money for the purpose of paying any gift, estate, inheritance, income, sales or ad valorem taxes; and for other purposes.
Referred to Committee on Judiciary.
HB 88. By Messrs. Lanier of Candler, Tamplin of Morgan, and many others:
A bill to amend an act creating the Milk Control Commission, etc., to change administration from the Milk Control Commission to the Com missioner of Agriculture; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 98. By Messrs. Murphy of Haralson, Tamplin of Morgan and others:
A bill to amend an act relating to free tuition to the common schools, to provide that children who will be six years of age before the last day of December shall enter school at beginning of school year which begins same calendar year of sixth birthday; and for other purposes.
Referred to Committee on Educational Matters.
HB 112. By Messrs. Carswell and Tucker of Burke and others:
A bill to carry into effect an amendment relating to homestead exemp tion for certain disabled veterans; and for other purposes.
Referred to Committee on Appropriations.
HB 156. By Messrs. Busbee and Odom of Dougherty:
A bill to amend an act providing for merger of the school systems of the City of Albany and Dougherty County, to provide eligibility of members of the Dougherty County Board of Education; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 157. By Messrs. Busbee and Odom of Dougherty:
A bill to provide that violation of building codes adopted by Dougherty County, pursuant to Constitution amendment of 1956, shall be a mis demeanor; and for other purposes.
Referred to Committee on County and Municipal Governments.
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JOURNAL OF THE SENATE,
HB 158. By Messrs. Busbee and Odom of Dougherty:
A bill to amend an act to create a Board of Commissioners of Roads and Revenues of Dougherty County; to provide number of commis sioners thereof; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 159. By Messrs. Busbee and Odom of Dougherty:
A bill authorizing Dougherty County to provide for construction and paving streets, sidewalks or curbing in urban areas of Dougherty County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 160. By Messrs. Busbee and Odom of Dougherty:
A bill to increase the number of members of the Board of Commissioners of Roads and Revenues of Dougherty County from three to five; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 163. By Mr. Ellis of Henry:
A bill to amend an act relating to additional duties of clerks of superior courts in counties of not less than 15,200 nor more than 15,900; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 167. By Messrs. Blalock and Lee of Clayton:
A bill to amend an act providing that in certain counties, upon recom mendation of two consecutive grand juries, the governing authorities shall regulate county police on civil service plan; and for other pur poses.
Referred to Committee on County and Municipal Governments.
HB 170. By Messrs. Smith and Winkle of Whitfield:
A bill to amend an act consolidating, amending and codifying the various acts incorporating the City of Dalton; to provide a tax to pay principal and interest on bonds; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 171. By Messrs. Smith and Winkle of Whitfield:
A bill to amend an act consolidating, amending and codifying the various acts incorporating the City of Dalton to provide for closing of White Street; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 172. By Messrs. Smith and Winkle of Whitfield:
A bill to amend an act consolidating, amending and codifying the act
MONDAY, FEBRUARY 2, 1959
151
incorporating the City of Dalton, to change provisions relating to Civil Service Commission of Dalton; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 173. By Messrs. Hall, Lowrey and Scoggin of Floyd:
A bill to amend an act creating a new charter and municipal govern ment for the City of Rome, to extend the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 174. By Messrs. Hall, Lowrey and Scoggin of Floyd:
A bill to amend an act creating a new charter for the City of Rome, regulating authority of the city to make temporary loans; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 175. By Mr. Moate of Hancock:
A bill creating the charter for the City of Sparta; to extend the city limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 176. By Messrs. Bostick and Branch of Tift, Jones of Worth and Hudson of Irwin:
A bill to amend an act abolishing the fee system in superior courts of the Tifton Judicial Circuit, to fix salary of solicitor of said circuit; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 179. By Mr. Jones of Crawford:
A bill to amend an act creating the Board of Commissioners of Roads and Revenues of Crawford County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 191. By Mr. Smith of Emanuel:
A bill to amend an act incorporating the City of Swainsboro, so as to change the corporate limits of the city; and for other purposes.
Referred to Committee on County and Municipal Governments.
The following bills and resolutions were read the second time:
SB 46. By Senator McGill of the 50th, Mobley of the 17th, Clary of the 29th, Purcell of the 31st and Breedlove of the 27th:
A bill to amend Section 5-9914 of the Code of Georgia relating to the failure to pay for agricultural products so as to extend the provisions of said Section to include poultry, timber and pulpwood; and for other purposes.
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JOURNAL OF THE SENATE,
SB 47. By Senators Vaughn of the 34th and Nixon of the 35th:
A bill to amend Section 13-2015 of the Code of Georgia pertaining to limitations on investment in real estate by banks so as to provide that the provisions of said section shall not apply to certain loans; and for other purposes.
SB 48. By Senator Brown of the 52nd:
A bill to amend an Act (Ga. Laws 1943, p. 442) providing for the establishment and maintenance of common trust funds so as to fix the time within which participation may be admitted to or withdrawn from the common trust fund after valuation of the securities in such fund; and for other purposes.
SB 49. By Senator Brown of the 52nd:
A bill to amend the Charter for the City of Atlanta so as to authorize the laying of water mains in the unincorporated area of Fulton County where such water mains are necessary to the health of the inhabitants of such county; and for other purposes.
SB 50. By Senator Brown of the 52nd:
A bill to amend an act (Ga. Laws 1946, p. 174-191), pertaining to voting machines so as to provide that voting machines shall remain locked for a period of at least 15 days, to provide exceptions; and for other purposes.
SR 21. By Senator Land of the 21st:
A resolution to designate the bridge over Big Sandy Creek on State Highway 18 as the H. A. Fountain Bridge; and for other purposes.
SR 22. By Senator Brown of the 52nd:
A resolution proposing an amendment to Article VII, Section V, Para graph 1, of the Constitution of Georgia so as to authorize the governing authorities of Fulton County to hold harmless certain persons against loss by reason of errors in tax computations by electrical equipment; and for other purposes.
HB 95. By Mr. Phillips of Columbia:
A bill to incorporate the City of Grovetown in the County of Columbia; and for other purposes.
HB 99. By Messrs. Cheatham, McGee and Brennan of Chatham:
A bill to amend an act revising and consolidating the several acts relating to and incorporating the town of Warshaw in Chatham County; and for other purposes.
HB 103. By Mr. Ross of Lincoln:
A bill to amend an. act creating a Board of Commissioners of Roads and Revenues for Lincoln County; to increase the compensation of the chairman; and for other purposes.
MONDAY, FEBRUARY 2, 1959
153
HB 104. By Mr. Arnsdorff of Effingham:
A bill to amend an act creating and incorporating the City of Spring field; to change the hours of voting in said city; and for other purposes.
HB 113. By Messrs. Brennan, Cheatham and McGee of Chatham:
A bill to amend an act to provide for the use of voting machines in certain counties; to provide that machines be arranged so all candidates of a faction of a party may be voted for in one operation; and for other purposes.
HB 114. By Mr. Love of Catoosa:
A bill to amend an act to create the office of Tax Commissioner of Catoosa County, to provide for additional compensation for clerk hired for said commissioner; and for other purposes.
HB 124. By Mr. Trotter of Troup:
A bill to amend an act to create a new charter for the City of LaGrange, to increase the corporate limits of said city; and for other purposes.
HB 133. By Messrs. Campbell and Coker of Walker:
A bill to amend an act creating the office of Commissioner of Roads and Revenues for the County of Walker, so as to prohibit the sale of mobile equipment belonging to Walker County by the Commissioner after the nomination of a successor; and for other purposes.
HB 134. By Mr. Coker of Walker:
A bill to amend an act creating a City Court of Walker County, so as to change compensation of the Judge of said court; and for other purposes.
HB 135. By Mr. Coker of Walker:
A bill to amend an act to change the provisions relating to overriding of veto by the City Council of the City of LaFayette; and for other purposes.
HB 141. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend an act to establish a Local Education Commission in Atlanta and Fulton County to study the educational systems of Fulton County and the City of Atlanta, including the portion thereof lying in DeKalb County; and for other purposes.
HB 142. By Mr. Carr of Dooly:
A bill creating a charter for the City of Vienna, so as to fix the minimum age of persons entitled to vote in elections within the City of Vienna; and for other purposes.
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JOURNAL OF THE SENATE,
HB 143. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend the Fulton County Pension Act which prohibits a Fulton County pensioner from accepting employment in any department of the national, state, municipal or other county government; and for other purposes.
HB 152. By Messrs. Brooks, McClelland and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of East Point, relating to Land Lots 190, 191 and 194 of 14th District of Fulton County; and for other purposes.
HB 155. By Messrs. Brooks, McClelland and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of East Point; and for other purposes.
Senator Brown of the 52nd District, Chairman of the Committee on County and Municipal Governments, submitted the following report:
Mr. President: Your Committee on County and Municipal Governments has had under
consideration the following bills of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recom mendations :
SB 45. Do Pass. HB 27. Do Pass. HB 29. Do Pass. HB 44. Do Pass. HB 48. Do Pass. HB 49. Do Pass. HB 62. Do Pass. HB 65. Do Pass. HB 66. Do Pass. HB 69. Do Pass. HB 89. Do Pass. HB 90. Do Pass. HB 94. Do Pass.
Respectfully submitted, Brown of 52nd District, Chairman.
MONDAY, FEBRUARY 2, 1959
155
Senator Greer of the 6th District, Secretary of the Committee on Govern ment Operations, submitted the following report:
Mr. President:
Your Committee on Government Operations has had under consideration the following bill of the House and has instructed me as Secretary, to report the same back to the Senate with the following recommendation:
HB 12. Do Pass.
Respectfully submitted,
Greer of 6th District, Secretary.
Senator Kennedy of the 47th District, Chairman of the Committee on Penal and Correctional Affairs, submitted the following report:
Mr. President:
Your Committee on Penal and Correctional Affairs has had under considera tion the following bill of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
SB 25. Do Pass, as Substituted. Respectfully submitted,
Marshall of 28th District, Secretary.
Senator Ramsey of the 1st District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bills and/or resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the House:
SB 38.
Respectfully submitted,
Ramsey of the 1st District, Chairman.
Senator Ramsey of the 1st District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bills and/or resolutions of the Senate and has instructed me, as
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Chairman, to report the same back to the Senate as correct and ready for transmission to the Governor:
SB 3. Respectfully submitted, Ramsey of the 1st District, Chairman.
The following local uncontested bills, favorably reported by the committees, were read the third time and put upon their passage:
SB . By Senator Clary of the 29th: A bill to provide that in certain counties, any person charged with any offense under the game and fish laws of this state shall be allowed to enter a plea of guilty in the court of ordinary of such counties; to provide for the passing of sentence in such cases; to repeal conflicting laws; and for other purposes.
Senator Jordan of the 25th offered the following amendment: Amend SB 24 by striking the number "11,275" in the second line
and substituting the number "11,225" in its place.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 40. By Senator Brown of the 52nd: A bill to amend an act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several acts amendatory thereof; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 76. By Mr. Irvin of Habersham:
A bill to amend an act incorporating the Town of Cornelia, authorizing the governing authorities of Cornelia to adopt regulations relative to corporate limits; and for other purposes.
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157
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 77. By Mr. Irvin of Habersham:
A bill to amend an act creating a new charter for the Town of Baldwin in the counties of Banks and Habersham; to change monthly meeting of mayor and council; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 78. By Mr. Irvin of Habersham:
A bill to amend an act consolidating the offices of Tax Collector and Tax Receiver of Habersham County into one office of Tax Commis sioner; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 43, nays 0.
The bill, having received the requisite constitutional majority, were passed.
HB 84. By Messrs. Griffin and Taylor of Decatur:
A bill to amend an act to establish the City Court of Bainbridge, to increase the compensation of the judge of said City Court; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 93. By Mr. Jones of Wayne:
A bill to repeal the charter of Screven, Georgia, to declare the rights, powers and privileges of the municipality and of its officers; and for other purposes.
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The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 25. By Senators Vaughn of the 34th and Nixon of the 35th:
A bill to provide that any child found delinquent and sentenced by a juvenile court shall be confined only in a state training school; to repeal all other laws; and for other purposes.
The Committee on Penal and Correctional Affairs offered the following substitute:
AN ACT
To provide that any child found delinquent and sentenced by a juvenile court shall be confined in a state training school or in countyowned and operated places of confinement; to repeal all other laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Whenever a child is found to be in a state of de linquency and is sentenced by a juvenile court of this State, such child shall be confined in one of the State training schools or in a county maintained institution provided for such purposes for the term of his or her servitude.
In the event such child is given a suspended sentence, placed on probation, or committed to the custody or to the guardianship of a public or private institution by the judge of the juvenile court, said sentence, probation, custody or guardianship shall be served within the territorial jurisdiction of said juvenile court, unless consent to serve said sentence, probation, custody or guardianship outside the territorial jurisdiction of the sentencing juvenile court is first obtained from the judge of the juvenile court where said sentence, probation, custody or guardianship is to be served. The service of said sentence, probation, custody or guardianship outside the State of Georgia shall not be affected by the act.
Section 2. All laws and parts of laws in conflict with this law are hereby repealed.
Senator Vaughn of the 34th offered the following amendment to the substitute for SB 25:
Amend SB 25 by adding in title of the act the phrase "Juvenile Detention Homes" and in Section I, Paragraph I "Juvenile Detention Homes", so that the Title and Section I, Paragraph I shall read:
"To provide that any child found delinquent and sentenced by a Juvenile Court shall be confined in a State Training School, Juvenile Detention Home or in County-Owned and Operated places of confinement; to repeal all other laws; and for other purposes."
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159
Section I. Whenever a child is found to be in a state of delinquency and is sentenced by a Juvenile Court of this State, such child shall be confined in one of the State Training Schools, Juvenile Detention Homes or in a County Maintained Institution provided for such pur poses for the term of his or her servitude.
On the adoption of the amendment to the substitute, the ayes were 42, nays 0, and the amendment to the substitute was adopted.
On the adoption of the substitute, as amended, the ayes were 39, nays 0, and the substitute, as amended, was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute as amended.
HB 34. By Messrs. Floyd of Chattooga, Cheatham of Chatham and Smith of Whitfield and others:
A bill to amend an act providing for the creation of office of the Superior Courts Emeritus, as amended, so as to provide that a judge to be eligible to receive benefits provided by said act, must begin contributions by June 1, 1959,, or within 90 days after taking office; to repeal conflicting laws; and for other purposes.
Senator Sanders of the 18th offered the following amendment:
Amend HB 34 by striking the words and figure "June 1" in the caption of the bill and in section 1 of the bill and inserting in lieu thereof the word and figures "December 31".
On the adoption of the amendment, the ayes were 47, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 36. By Senator Doster of the 48th:
A bill to amend an act authorizing the Commissioner of Agriculture to establish Farmers Markets in this State, approved February 25, 1935 (Ga. Laws 1935, p. 369) as amended, so as to clarify the status of such markets established in municipal corporation in which any such market is established shall upon request of the Commissioner exercise concurrent police jurisdiction upon the market located in such munici pality; to repeal conflicting laws; and for other purposes.
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The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 12. By Messrs. Smith of Emanuel, Twitty of Mitchell, Bagby of Paulding and others:
A bill to repeal an act approved March 25, 1958 (Ga. L. 1958, p. 337), dealing with the creation of a Georgia Recreation Commission; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 43, nays 1.
The bill, having received the requisite constitutional majority, was passed.
SR 17. By Senator Doster of the 48th: A resolution relative to the inspection of livestock slaughtered in this State; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 38, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
SR 18. By Senator Doster of the 48th: A resolution relative to the improvement of the State Farmers' Market; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 35, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 6. By Mr. Smith of Emanuel, Twitty of Mitchell, Ray of Warren, and others:
A bill to amend an act known as the "Entomology Act of 1937", dealing with the creation of such department, its powers and duties; and for other purposes.
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161
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 13. By Messrs. Twitty of Mitchell, Smith of Emanuel, Underwood of Montgomery, and many others:
A bill to amend an act relating to the organization, powers and duties of the Forestry Commission; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 45, nays 1.
The bill, having received the requisite constitutional majority, was passed.
Senator Sanders of the 18th moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.
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Senate Chamber, Atlanta, Georgia, Tuesday, February 3, 1959.
The Senate met pursuant to adjournment at 10:00 o'clock this morning and was called to order by the president.
Scripture reading and prayer was offered by Rev. George 0. King, pastor, Sandy Springs Methodist Church, Sandy Springs, Georgia,
By unanimous consent, the call of the roll was dispensed with.
Senator Clary of the 29th reported that the journal of yesterday's proceed ings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with and the journal was confirmed.
Senator Sanders of the 18th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.
The consent was granted.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House, to wit:
HB 18. By Messrs. Ingle of Gordon, McKenna of Bibb and Floyd of Chattooga:
A bill to be entitled an act to amend an act known as the Georgia Military Forces Act, to conform organization, training and discipline to requirements of the United States; and for other purposes.
HB 20. By Messrs. Ingle of Gordon, McKenna of Bibb and Floyd of Chattooga:
A bill to be entitled an act to repeal in its entirety an act relating to military leave for persons attached to the reserve components of the armed forces of the United States or the State of Georgia; and for other purposes.
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163
HB 26. By Mr. Gowen of Glynn:
A bill to be entitled an act to provide for summary judgments in the courts of this State, to define scope, applicability and procedure with respect thereto; and for other purposes.
HB 28. By Mr. Gowen of Glynn:
A bill to be entitled an act to amend an act providing for declaratory judgments in the Superior Courts of this State; and for other purposes.
HB 91. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to be entitled an act to amend an act, to provide for destruction of old records which, in opinion of the Chief Judge of said Court, have no further value to the Court or to the public, in certain cities; and for other purposes.
HB 130. By Mr. McClelland of Fulton:
A bill to be entitled an act to amend an act providing for the establish ment and maintenance of common trust funds; and for other purposes.
HB 138. By Mr. McKenna of Bibb:
A bill to be entitled an act to amend an act providing for admission of facts and genuineness of documents; and for other purposes.
HB 189. By Mr. Willingham of Cobb:
A bill to be entitled an act to amend an act relating to absentee ballots to change the number of days of notice to be given to vote by mail; and for other purposes.
HB 144. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to be entitled an act to amend an act establishing a new charter for the City of Atlanta, to change corporate limits of said city (East Point) ; and for other purposes.
HB 146. By Messrs. Smith, McClelland and Brooks of Fulton:
A bill to be entitled an act to amend an act to provide that cities having a population of more than 150,000 shall furnish pensions to all officers and employees of such cities who have served 25 years; and for other purposes.
HB 147. By Messrs. Smith, Brooks and McClelland of Fulton:
A bill to be entitled an act to amend an act to provide that cities having a population of more than 150,000 shall furnish pensions to all officers and employees of such cities who have served twenty-five years; to provide for payment of pensions to widows of officers and employees who have retired on a pension, etc.; and for other purposes.
HB 148. By Messrs. Smith, Brooks and McClelland of Fulton: A bill to be entitled an act to amend an act establishing a new charter
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for the City of Atlanta relating to streets, and road construction, etc.; and for other purposes.
HB 150. By Messrs. Brooks, McClelland and Smith of Fulton:
A bill to be entitled an act to amend an act to provide that in cities having a population of more than 150,000, pensions shall be furnished to all employees and officers who have served 25 years; to provide credit for service in the armed forces; and for other purposes.
HB 151. By Messrs. Brooks, McClelland and Smith of Fulton:
A bill to be entitled an act to amend an act providing for pensions for members of police departments in cities having a population of 150,000; and for other purposes.
HB 187. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to be entitled an act to amend an act establishing a new charter for the City of College Park; to prescribe its limits; and for other purposes.
HB 188. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to be entitled an act to amend an act establishing a new charter for the City of College Park; to prescribe its limits so as to take in a strip of land in Clayton County; and for other purposes.
HB 194. By Mr. Massee of Pulaski: A bill to be entitled an act to> amend an act creating a new charter for the City of Hawkinsville; and for other purposes.
HB 195. By Mr. Saffold of Toombs: A bill to be entitled an act to create a five-man board of commissioners of roads and revenues for Toombs County; and for other purposes.
HB 196. By Messrs. Parker and Hodges of Ware: A bill to be entitled an act to amend an act relating to the charter for the City of Waycross; and for other purposes.
HB 197. By Messrs. Caldwell and Echols of Upson: A bill to be entitled an act to amend an act creating a new charter for the City of Thomaston, to extend the corporate limits; and for other purposes.
HB 199. By Messrs. Matthews and Cox of Clarke: A bill to be entitled an act to amend the charter of the Mayor and Council of the City of Athens creating a Civil Service Commission; and for other purposes.
HB 200. By Messrs. Matthews and Cox of Clarke: A bill to be entitled an act to amend the Charter of the Town of
TUESDAY, FEBRUARY 3, 1959
165
Athens, to authorize the Mayor and Council to employ its fire fighting equipment and personnel; and for other purposes.
HB 208. By Messrs. Cheatham, McGee and Brennan of Chatham:
A bill to be entitled an act amending the several acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, relating to city limits; and for other purposes.
HB 211. By Mr. Hale of Bade:
A bill to be entitled an act to create the office of Commissioner of Roads and Revenues for Bade County; and for other purposes.
HB 212. By Mr. Hale of Bade:
A bill to be entitled an act to abolish the office of County Treasurer of Bade County; and for other purposes.
HB 213. By. Mr. Hale of Bade:
A bill to be entitled an act to change the compensation of the Ordinary of Bade County from fee system to salary system; and for other purposes.
HB 214. By Mr. Hale of Bade:
A bill to be entitled an act to provide for the appointment of a County Bepository for Bade County; and for other purposes.
The House has adopted the following House resolution:
HR 32. By Messrs. Brennan, Cheatham and McGee of Chatham:
A resolution authorizing the State Librarian to furnish to the law library of Chatham County, without cost to said county, certain law books.
The House has agreed to the Senate amendments to the following bills of the House, to-wit:
HB 11. By Messrs. Smith of Emanuel, Twitty of Mitchell, and others:
A bill to amend an act known as the "State School Building Authority Act", to provide for composition of State School Building Authority, to declare legislative intent; and for other purposes.
HB 14. By Messrs. Smith of Emanuel, Twitty of Mitchell, and others:
A bill to amend an act known as the "University System BuildingAuthority Act", to provide for composition of the University System Building Authority; to declare legislative intent; and for other purposes.
The House has disagreed to the Senate amendments to the following bills of the House, to-wit:
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JOURNAL OF THE SENATE,
HB 1. By Messrs. Smith of Emanuel, Twitty of Mitchell, and others:
A bill to make it a crime to improperly influence legislative action to deal with the State, directly or indirectly, while acting as an officer, employee, or agent of the State; and for other purposes.
HB 5. By Messrs. Smith of Emanuel, Twitty of Mitchell, and others:
A bill to provide for support of independent school systems which municipal corporations are authorized by the Constitution to maintain; to authorize ad valorem taxation; and for other purposes.
The House insists on its position to the following bill of the House, to-wit:
HB 3. By Messrs. Smith of Emanuel, Twitty of Mitchell, and others:
A bill to create and establish a Joint Committee on the Operations of the General Assembly, to define its powers and duties; and for other purposes.
The Speaker has appointed as a Committee of Conference, on the part of the House, the following members of the House, to-wit:
Messrs. Twitty of Mitchell, Underwood of Montgomery and Blalock of Clayton.
The following bills were introduced, read the first time and referred to committees:
SB 64. By Senators Sanders of the 18th, Jordan of the 25th and Holton of the 46th:
A bill to amend an act creating the State Highway Board (Ga. Laws 1950, p. 62), so as to provide that contracts with political subdivisions shall be let at a price that is not higher than the average bid; and for other purposes.
Referred to the Committee on Highways.
SB 65. By Senator Brown of the 52nd: A bill to amend an Act regulating the sale of fireworks (Ga. Laws 1955, p. 550), so as to remove certain exceptions to the provision of said act; and for other purposes.
Referred to the Committee on Health and Welfare:
SB 66. By Senator Marshburn of the 33rd: A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Banks County so as to increase the compensation of the Clerk of the Board; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 67. By Senator Brown of the 52nd: A bill to authorize the Judges of Superior Courts in counties having
TUESDAY, FEBRUARY 3, 1959
167
a population of 300,000 or more to continue Grand Juries beyond the term of any court for which they were impanelled; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 68. By Senator Clary of the 29th:
A bill to amend the act incorporating the Town of Thomson so as to increase the corporate limits of said town; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 69. By Senator Skelton of the 30th:
A bill to amend the act incorporating the City of Hartwell so as to provide that candidates for Mayor shall give ten days written notice of their intentions to become a candidate for Mayor; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 70. By Senator Clary of the 29th:
A bill to change the compensation of the Sheriff, Ordinary, Clerk of the Superior Court, Tax Collector, Tax Receiver, Coroner and County Surveyor of McDuffie County from the fee system to the salary system; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 71. By Senator Dykes of the 2nd:
A bill to amend the act creating the office of Tax Commissioner of Liberty County so as to change the compensation of the Tax Commis sioner; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 72. By Senator Dykes of the 2nd:
A bill to amend the act providing for the compensation of the Sheriff and the Clerk of the Superior Court of Liberty County so as to change the compensation of the Clerk; to provide for the appointment of Deputies to the Sheriff; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 73. By Senator Sanders of the 18th:
A bill to amend the act known as the Georgia Ports Authority Act (Ga. Laws 1945, p. 464), so as to authorize the Governor to convey certain property to the Georgia Ports Authority; and for other purposes.
Referred to the Committee on Government Operations.
SR 24. By Senator Brown of the 52nd:
A resolution resolving that the oil paintings of Jefferson Davis and
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Mrs. L. H. Raines be placed in the Museum at the Jefferson Davis Memorial Park and the Georgia Room of the Headquarters Building of the United Daughters of the Confederacy; and for other purposes.
Referred to the Committee on Senate Administrative Affairs.
HB 18. By Messrs. Ingle of Gordon, McKenna of Bibb, and Floyd of Chattooga:
A bill to amend an act known as the Georgia Military Forces Act, to conform organization, training and discipline to requirements of United States; and for other purposes.
Referred to Committee on Defense and Veterans Affairs.
HB 20. By Messrs. Ingle of Gordon, McKenna of Bibb, and Floyd of Chattooga:
A bill to repeal in its entirety an act relating to military leave for persons attached to the reserve components of the armed forces of the United States or the State of Georgia; and for other purposes.
Referred to Committee on Defense and Veterans Affairs.
HB 26. By Mr. Gowen of Glynn:
A bill to provide for summary judgments in the courts of this State, to define scope, applicability and procedure with respect thereof; and for other purposes.
Referred to Committee on Judiciary.
HB 28. By Mr. Gowen of Glynn:
A bill to amend an act providing for declaratory judgments in the Superior Courts of this State; and for other purposes.
Referred to Committee on Judiciary.
HB 91. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend an act to provide for destruction of old records which, in the opinion of the Chief Judge of said Court, have no further value to the Court or to the public, in certain cities; and for other purposes.
Referred to Committee on Judiciary.
HB 130. By Mr. McClelland of Fulton:
A Bill to amend an act providing for the establishment and mainte nance of common trust funds; and for other purposes.
Referred to Committee on Judiciary.
HB 138. By Mr. McKenna of Bibb:
A bill to amend an act providing for admissions of facts and genuine ness of documents; and for other purposes.
Referred to Committee on Judiciary.
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169
HB 144. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta, to change corporate limits of said city (East Point) ; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 146. By Messrs. Smith, McClelland and Brooks of Fulton:
A bill to amend an act to provide that cities having a population of more than 150,000 shall furnish pensions to all officers and employees of such cities who have served 25 years; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 147. By Messrs. Smith, Brooks and McClelland of Fulton:
A bill to amend an act to provide that cities having a population of more than 150,000 shall furnish pensions to all officers and employees of such cities who have served twenty-five years; to provide for payment of pensions to widows of officers and employees who have retired on a pension, etc.; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 148. By Messrs. Smith, Brooks and McClelland of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta relating to streets, and road construction, etc.; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 150. By Messrs. Brooks, McClelland and Smith of Fulton:
A bill to amend an act to provide that in cities having a population of more than 150,000, pensions shall be furnished to all employees and officers who have served 25 years; to provide for credit for service in the armed forces; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 151. By Messrs. Brooks, McClelland and Smith of Fulton:
A bill to amend an act providing for pensions for members of police departments in cities having a population of 150,000; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 187. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of College Park; to prescribe its limits; and for other purposes.
Referred to the Committee on County and Municipal Governments.
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JOURNAL OF THE SENATE,
HB 188. By Messrs. McClelland, Brooks and Smith of Pulton:
A bill to amend an act establishing a new charter for the City of College Park; to prescribe its limits so as to take in a strip of land in Clayton County; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 189. By Mr. Willingham of Cobb:
A bill to amend an act relating to absentee ballots to change the number of days of notice to be given to vote by mail; and for other purposes.
Referred to Committee on Judiciary.
HB 194. By Mr. Massee of Pulaski:
A bill to amend an act creating a new charter for the City of Hawkinsville; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 195. By Mr. Saffold of Toombs:
A bill to create a five-man board of commissioners of roads and revenues for Toombs County; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 196. By Messrs. Parker and Hodges of Ware:
A bill to amend an act relating to the charter of the City of Waycross; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 197. By Messrs. Caldwell and Echols of Upson:
A bill to amend an act creating a new charter for the City of Thomaston, to extend the corporate limits; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 199. By Messrs. Matthews and Cox of Clarke:
A bill to amend the charter of the mayor and council of the City of Athens creating a Civil Service Commission; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 200. By Messrs. Matthews and Cox of Clarke:
A bill to amend the charter of the Town of Athens, to authorize the mayor and council to employ its fire fighting equipment and personnel; and for other purposes.
Referred to the Committee on County and Municipal Governments.
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171
HB 208. By Messrs. Cheatham, McGee and Brennan of Chatham:
A bill amending the several acts relating to and incorporating the mayor and aldermen of the City of Savannah, relating to city limits; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 211. By Mr. Hale of Dade:
A bill to create the office of Commissioner of Roads and Revenues for Dade County; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 212. By Mr. Hale of Dade:
A bill to abolish the office of county treasurer of Dade County; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 213. By Mr. Hale of Dade:
A bill to change the compensation of the Ordinary of Dade County from fee system to salary system; and for other purposes.
Referred to the Committtee on County and Municipal Governments.
HB 214. By Mr. Hale of Dade:
A bill to provide for the appointment of a County Depository for Dade County; and for other purposes.
Referred to the Committtee on County and Municipal Governments.
HR 32. By Messrs. Brennan, Cheatham and McGee of Chatham:
A resolution authorizing the State Librarian to furnish to the law library of Chatham County, without cost to said County, certain law books; and for other purposes.
Referred to Committee on Judiciary.
The following bills were read the second time:
SB 51. By Senator Sanders of the 18th:
A bill to amend Sections 26-3908, to and including 26-3912, relating to the counterfeiting or passing any bank note; so as to extend the pro visions of said sections to all banks; and for other purposes.
SB 52. By Senator Sanders of the 18th:
A bill to amend an act known as the Uniform Act Regulating Traffic on Highways (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), so as to define reckless driving; and for other purposes.
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JOURNAL OP THE SENATE,
SB 53. By Senator Sanders of the 18th:
A bill to declare contraband, any pistol which is carried illegally by any person after the conviction of said person; and for other purposes.
SB 54. By Senator Sanders of the 18th:
A bill to amend an act authorizing a stenographer to be present with the Grand Jury in certain counties (Ga. Laws 1945, p. 1017), so as to make said act applicable in every county in the State; and for other purposes.
SB 55. By Senator Sanders of the 18th:
A bill to provide that realty acquired by a bona fide purchaser from a widow, where such realty has been devised to the widow by will, shall not be a part of the year's support set aside to a child of the testator entitled to a year's support; and for other purposes.
SB 56. By Senator Sanders of the 18th:
A bill to provide that upon the second or subsequent conviction under the lottery statutes, the maximum imprisonment therefor shall be imposed; and for other purposes.
SB 57. By Senators Sanders of the 18th, Jordan of the 25th, and Culpepper of the 7th:
A bill to amend an act known as the Uniform Act Regulating Traffic on Highways (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), so as to provide the method of marking no-passing zones; and for other purposes.
SB 58. By Senator Sanders of the 18th:
A bill to make it illegal to> sell, possess, purchase or control any lottery tickets; and for other purposes.
SB 59. By Senator Roper of the 19th:
A bill to repeal an act authorizing the Ordinary of each county to return a marriage license with the return thereon when the same shall have been recorded as provided by law (Ga. Laws 1958, p. 331) ; and for other purposes.
SB 60. By Senator Roper of the 19th:
A bill to repeal Sections 53-204, 53-205 and 53-206 of the Code of Georgia relating to posting notice of application for a marriage license; and for other purposes.
SB 61. By Senator Clary of the 29th:
A bill to provide that no school in any county having a population of not less than 11,270 and not more than 11,700 shall be consolidated into one school except after the approval by a majority of the voters voting; and for other purposes.
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173
SB 62. By Senator Lindsey of the 53rd:
A bill to amend an act creating a charter for the Town of Lenox so as to change the length of the term of the councilmen for said town; and for other purposes.
SB 63. By Senator Carlisle of the 51st:
A bill to amend an act providing for holding of three terms of the Superior Court of Houston County, so as to provide that the Grand Jury drawn for the April term shall also serve for the August term of said Court; and for other purposes.
HB 50. By Mr. Orr of Wilkes:
A bill requiring carnivals, circuses and other itinerant shows to appoint a resident agent for service and file bond on insurance policy subject to damages caused by such show, to authorize the Secretary of State to prescribe and require use of standard form for such bonds; and for other purposes.
HB 68. By Messrs. Kirkland of Atkinson, Hodges and Parker of Ware, and others:
A bill to amend an act relating to collecting, preserving and managing the estate and paying the debts, to provide that executors and admin istrators may borrow money for the purpose of paying any gift, estate, inheritance, income, sales or ad valorem taxes; and for other purposes.
HB 88. By Messrs. Lanier of Candler, Tamplin of Morgan, and many others:
A bill to amend an act creating the Milk Control Commission, etc., to change administration from the Milk Control Commission to the Com missioner of Agriculture; and for other purposes.
HB 98. By Messrs. Murphy of Haralson, Tamplin of Morgan, and others:
A bill to amend an act relating to free tuition to the common schools, to provide that children who will be six years of age before the last day of December shall enter school at beginning of school year which begins same calendar year of sixth birthday; and for other purposes.
HB 112. By Messrs. Carswell and Tucker of Burke, and others:
A bill to carry into effect an amendment relating to homestead exemp tion for certain disabled veterans; and for other purposes.
HB 156. By Messrs. Busbee and Odom of Dougherty:
A bill to amend an act providing for merger of the school systems of the City of Albany and Dougherty County, to provide eligibility of members of the Dougherty County Board of Education; and for other purposes.
HB 157. By Messrs. Busbee and Odom of Dougherty: A bill to provide that violation of building codes adopted by Dougherty
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County, pursuant to Constitution amendment of 1956, shall be a misdemeanor; and for other purposes.
HB 158. By Messrs. Busbee and Odom of Dougherty:
A bill to amend an act to create a Board of Commissioners of Roads and Revenues of Dougherty County; to provide number of commis sioners thereof; and for other purposes.
HB 159. By Messrs. Busbee and Odom of Dougherty:
A bill authorizing Dougherty County to provide for construction and paving streets, sidewalks or curbing in urban areas of Dougherty County; and for other purposes.
HB 160. By Messrs. Busbee and Odom of Dougherty:
A bill to increase the number of members of the Board of Commis sioners of Roads and Revenues of Dougherty County from three to five; and for other purposes.
HB 163. By Mr. Ellis of Henry:
A bill to amend an act relating to additional duties of clerks of superior courts in counties of not less than 15,200 nor more than 15,900; and for other purposes.
HB 167. By Messrs. Blalqck and Lee of Clayton:
A bill to amend an act providing that in certain counties, upon recom mendation of two consecutive grand juries, the governing authorities shall regulate county police on civil service plan; and for other purposes.
HB 170. By Messrs. Smith and Winkle of Whitfield:
A bill to amend an act consolidating, amending and codifying the various acts incorporating the City of Dalton; to provide a tax to pay principal and interest on bonds; and for other purposes.
HB 171. By Messrs. Smith and Winkle of Whitfield:
A bill to amend an act consolidating, amending and codifying the various acts incorporating the City of Dalton to provide for closing of White Street; and for other purposes.
HB 172. By Messrs. Smith and Winkle of Whitfield:
A bill to amend an act consolidating, amending and codifying the act incorporating the City of Dalton, to change provisions relating to Civil Service Commission of Dalton; and for other purposes.
HB 173. By Messrs. Hall, Lowrey and Scoggin of Floyd:
A bill to amend an act creating a new charter and municipal govern ment for the City of Rome, to extend the corporate limits; and for other purposes.
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175
HB 174. By Messrs. Hall, Lowrey and Scoggin of Ployd:
A bill to amend an act creating a new charter for the City of Rome, regulating authority of the city to make temporary loans; and for other purposes.
HB 175. By Mr. Moate of Hancock:
A bill creating the charter for the City of Sparta; to extend the city limits; and for other purposes.
HB 176. By Messrs. Bostick and Branch of Tift, Jones of Worth and Hudson of Irwin:
A bill to amend an act abolishing the fee system in superior courts of the Tifton Judicial Circuit, to fix salary of solicitor of said circuit; and for other purposes.
HB 179. By Mr. Jones of Crawford:
A bill to amend an act creating the Board of Commissioners of Roads and Revenues of Crawford County; and for other purposes.
HB 191. By Mr. Smith of Emanuel:
A bill to amend an act incorporating the City of Swainsboro, so as to change the corporate limits of the city; and for other purposes.
Senator Brooks of the 23rd District, Chairman of the Committee on Banking and Finance, submitted the following report:
Mr. President:
Your Committee on Banking and Finance has had under consideration the following bills of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 35. Do Pass.
SB 47. Do Pass as amended.
SB 48. Do Pass as amended.
Respectfully submitted,
Senator Brooks of 23rd District,
Chairman.
Senator Jernigan of the 5th District, Chairman of the Committee on Educational Matters, submitted the following report:
Mr. President:
Your Committee on Educational Matters has had under consideration the
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following bill of the House and has instructed me, as Chairman, to report back to the Senate with the following recommendations:
HB 141. Do Pass. Respectfully submitted, Jernigan of 5th District, Chairman.
The following local, uncontested bills, favorably reported by the committees, were read the third time and put upon their passage:
SB 45. By Senator Darby of the 15th:
A bill to amend the act creating the office of Commissioner of Roads and Revenues for Toombs County so as to provide that the fiscal year for Toombs County shall correspond to the calendar year; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 27. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to amend the charter of the mayor and aldermen of the City of Savannah, relating to Police Court; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 29. By Messrs. Kidd and Chandler of Baldwin:
A bill to amend an act creating a Board of County Commissioners from Baldwin County, to change the time of electing Commissioners; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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177
HB 44. By Messrs. Busbee and Odom of Dougherty:
A bill to amend an act to provide and empower the City of Albany to furnish aid and relief and to grant pensions to all employees of said city; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 48. By Mr. Bowen of Randolph: A bill to amend an act creating a Board of Commissioner of Roads and Revenues for the County of Randolph; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 49. By Mr. Bowen of Randolph: A bill to amend an act relating to the charter of the Town of Shellman, so as to change the name of said town to the City of Shellman; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 62. By Messrs. Payton and Blalock of Coweta: A bill to amend an act creating a charter for the Town of Grantville; to change the name of the Town of Grantville to the City of Grantville; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 65. By Mr. Odom of Camden:
A bill to authorize and employ the City of St. Mary's Georgia, to abandon and close portions of city streets; to deliver deeds; and for other purposes.
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The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 66. By Mr. Odom of Camden:
A bill to amend an act placing certain officials of Camden County on a salary basis in lieu of a fee basis; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 69. By Mr. Ray of Warren:
A bill to amend an act creating a Commissioner of Roads and Revenues of Warren County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 89. By Messrs. Lee and Blalock of Clayton:
A bill to authorize a stenographer to be present with Grand Jury while witnesses are examined in counties having a population of not less than 22,700 nor more than 23,000; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 90. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act placing the ordinary of Clayton County on a salary basis in lieu of a fee basis; to change the compensation of ordinary; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
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179
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 94. By Messrs. Cox and Matthews of Clarke:
A bill to amend the charter of the Town of Athens, to close the unopened portion of Carlton Terrace, to transfer public rights; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 141. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend an Act to establish a Local Education Commission in Atlanta and Fulton County to study the educational systems of Fulton County and the City of Atlanta, including the portion thereof lying in DeKalb County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill was taken up for the purpose of considering House action thereto:
HB 1. By Messrs. Smith of Emanuel, Twitty of Mitchell, Trotter of Troup, Bagby of Paulding, Gowen of Glynn, Ray of Warren, and many others:
Senator Sanders of the 18th moved that the Senate insist on its position on, HB 1, and that a Committee of Conference be appointed.
On the motion, the ayes were 28, nays 0, and the motion prevailed.
The president appointed as a Committee of Conference on the part of the Senate the following:
Senators Sanders of the 18th, Culpepper of the 7th and Jordan of the 25th.
The following bill was taken up for the purpose of considering House action thereto:
HB 5. By Messrs. Smith of Emanuel, Twitty of Mitchell, and others: A bill to provide for support of independent school systems which
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municipal corporations are authorized by the Constitution to maintain; to authorize ad valorem taxation; and for other purposes.
Senator Sanders of the 18th moved that the Senate insist on its position on HB 5, and that a Committee of Conference be appointed.
The motion prevailed and the president appointed as a Committeee of Conference on the part of the Senate the following:
Senators Sanders of the 18th, Wright of the 42nd and Greer of the 6th.
The following general bills, favorably reported by the committee, were read the third time and put upon their passage:
SB 35. By Senator Brooks of the 23rd:
A bill to authorize corporate fiduciaries to register securities in the name of a nominee of such fiduciary without mention of the fiduciary relationship; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 47. By Senators Vaughn of the 34th and Nixon of the 35th:
A bill to amend section 13-2015 of the code of Georgia partaining to limitations on investment in real estate by banks so as to provide that the provisions of said section shall not apply to certain loans; and for other purposes.
The Committee on Banking and Finance offered the following amendment:
Amend SB 47 by striking out "$3,500.00" wherever it appears and substituting in lieu thereof "$5,000.00".
On the adoption of the amendment, the ayes were 40, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 48. By Senator Brown of the 52nd: A bill to amend an act providing for the establishment and mainte nance of common trust funds; and for other purposes.
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181
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Ramsey of the 1st District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bills and/or resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the House:
SB 24.
SB 25.
SB 36. SB 40.
SR 17.
SR 18.
Respectfully submitted,
Ramsey of the 1st District, Chairman.
The following resolution was read by the secretary:
SR 25. By Senators Dykes of the 2nd, Perry of the 24th, Marshall of the 28th, Crowe of the 10th, Gearreld of the 37th, Breedlove of the 27th, Land of the 21st and Skelton of the 30th:
A resolution relative to compensation of members of the Senate; and for other purposes.
On the adoption of the resolution, the ayes were 33, nays 1, and the resolution was adopted.
Senator Carlisle of the 51st moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.
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Senate Chamoer, Atlanta, Georgia, Wednesday, February 4, 1959.
The Senate met pursuant to adjournment at 10:00 o'clock this morning and was called to order by the president.
Scripture reading and prayer was offered by Rev. Loy G. Veal, pastor, First Methodist Church, McRae, Georgia.
By unanimous consent the call of the roll was dispensed with.
Senator Clary of the 29th reported that the journal of yesterday's proceed ings had been read and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Sanders of the 18th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.
The consent was granted.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House, to-wit:
HB 119. By Mr. Trotter of Troup:
A bill to be entitled an act to amend an act providing for exceptions to transactions of certain business with the ordinary at a regular term of court; and for other purposes.
HB. 120. By Mr. Trotter of Troup:
A bill to be entitled an act to amend an act relating to procedure determining no administration of estate necessary; providing certified copy of proceedings in county where property is located other than where application is made; and for other purposes.
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183
HB 121. By Mr. Trotter of Troup:
A bill to be entitled an act to amend an act relating to binding effect of borrowing and contracts by guardians, so as to clarify a Code Section number list in said section; and for other purposes.
HB 216. By Mr. Newton of Colquitt:
A bill to be entitled an act to amend an act relating to wilful trespass upon lands of another, unlawful, whether enclosed, cultivated, unculti vated, etc.; and for other purposes.
HB 224. By Mr. Orr of Wilkes:
A bill to be entitled an act to amend an act relating to service of process upon non-resident corporations doing business in Georgia, requiring copies of petition and process be furnished Secretary of State; and for other puropses.
HB 225. By Mr. Orr of Wilkes:
A bill to be entitled an act to amend an act authorizing corporations to act in fiduciary capacities, requiring two copies of legal process and petition against a foreign corporation; and for other purposes.
HB 226. By Mr. Orr of Wilkes:
A bill to be entitled an act to amend an act providing service of process on non-resident trustees, so as to require two copies of the petition, etc., to be filled with the Secretary of State; and for other purposes.
HB 227. By Mr. Orr of Wilkes:
A bill to be entitled an act to amend an act requiring carnivals, circuses, etc., to appoint a resident agent for filing insurance policy subject to damages caused by show; and for other purposes.
HB 228. By Mr. Orr of Wilkes:
A bill to be entitled an act to amend an act providing for service of process upon non-resident motorists, so as to require two copies of petition and process be filed with Secretary of State; and for other purposes.
HB 234. By Mr. Cheatham of Chatham:
A bill to be entitled an act to amend an act relating to appointment of new trustees when the sole or surviving trustee shall resign or become disqualified; and for other purposes.
HE 68. By Mr. Orr of Wilkes: A resolution authorizing State Librarian to furnish certain law books to Clerk of Superior Court of Wilkes County; and for other purposes.
The House has1 adopted the following resolution of the House:
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JOURNAL OP THE SENATE,
HR 109. By Messrs. Fowler of Douglas, Jones of Union, and others:
A resolution requesting the Governor and the Board of Regents to provide a Coliseum at the College of Agriculture in Athens, and for other purposes.
The House insists on its position on the following bill of the House and respectfully asks that a Committee of Conference be appointed.
HB 1. By Messrs. Smith of Emanuel, Twitty of Mitchell and others:
A bill to make it a crime to improperly influence legislative action to deal with the State, directly or indirectly, while acting as an officer, employee or agent of the State; and for other purposes.
The Speaker has appointed as a Committee of Conference on the part of the House the following members of the House, to wit:
Messrs. McCracken of Jefferson, Twitty of Mitchell and Ray of Warren.
The House insists on its position on the following bill of the House and respectfully asks that a committee of conference be appointed.
HB 5. By Messrs. Smith of Emanuel, Twitty of Mitchell and others:
A bill to provide for support of independent school systems which municipal corporations are authorized by the Constitution to maintain; to authorize ad valorem taxation; and for other purposes.
The Speaker has appointed as a committee of Conference on the part of the House the following members of the House, to wit:
Messrs. Parker of Appling, Smith of Grady and Trotter of Troup.
The following bills and resolutions were introduced, read the first time and referred to committees:
SB 74. By Senators Redwine of the 26th, Perry of the 24th, Drew of the 12th, Kennedy of the 47th, Watson of the 36th, Gearreld of the 37th and Adams of the 22nd:
A bill to provide for public hearings in connection with rate filings by insurance companies or rating organizations filed with the Insurance Commissioner; and for other purposes.
Referred to the Committee on Industry and Labor.
SB 75. By Senators Carlisle of the 51st and Greer of the 6th:
A bill to authorize the General Assembly or any committee thereof to hold hearings relative to proposed legislation; and for other purposes.
Referred to the Committee on Rules.
SB 76. By Senator Greer of the 6th: A bill to amend the act creating a Board of Commissioners of Roads
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185
and Revenues for the County of Lanier so as to authorize the said Board to exercise the power of eminent domain; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 77. By Senator Holton of the 46th:
A bill to amend the act creating the Board of Commissioners of Roads and Revenues in the County of Coffee so as to provide for recall elections for the members of said Board; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SR 26. By Senator Darby of the 15th:
A resolution authorizing the Governor to convey the property on which the State Farmers Market is located in the City of Vidalia to the City of Vidalia; and for other purposes.
Referred to the Commiteee on Agriculture and Natural Resources.
HB 119. By Mr. Trotter of Troup:
A bill to amend an act providing for exceptions to transaction of certain business with the ordinary at a regular term of court; and for other purposes.
Referred to Committee on Judiciary.
HB 120. By Mr. Trotter of Troup:
A bill to amend an act relating to procedure determining no administra tion of estate necessary; providing certified copy of proceedings in county where property is located other than where application is made; and for other purposes.
Referred to Committee on Judiciary.
HB 121. By Mr. Trotter of Troup:
A bill to amend an act relating to binding effect of borrowing and contracts by guardians, so as to clarify a code section number list in said section; and for other purposes.
Referred to Committee on Judiciary.
HB 216. By Mr. Newton of Colquitt:
A bill to amend an act relating to wilful trespass upon lands of an other, unlawful, whether enclosed, cultivated, uncultivated, etc.; and for other purposes.
Referred to Committee on Judiciary.
HB 224. By Mr. Orr of Wilkes:
A bill to amend an act relating to service of process upon non-resident corporations doing business in Georgia, requiring copies of petition and process be furnished Secretary of State; and for other purposes.
Referred to Committee on Judiciary.
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JOURNAL OF THE SENATE,
HB 225. By Mr. Orr of Wilkes:
A bill to amend an act authorizing corporations to act in fiduciary capacities, requiring two copies of legal process and petition against a foreign corporation; and for other purposes.
Referred to Committee on Judiciary.
HB 226. By Mr. Orr of Wilkes:
A bill to amend an act providing service of process on non-resident trustees, so as to require two copies of the petition, etc., to be filed with the Secretary of State; and for other purposes.
Referred to Committee on Judiciary.
HB 227. By Mr. Orr of Wilkes:
A bill to amend an act requiring carnivals, circuses, etc., to appoint a resident agent for filing insurance policy subject to damages caused by show; and for other purposes.
Referred to Committee on Industry and Labor.
HB 228. By Mr. Orr of Wilkes:
A bill to amend an act providing for service of process upon non resident motorists, so as to require two copies of petition and process be filed with Secretary of State; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
HB 234. By Mr. Cheatham of Chatham:
A bill to amend an act relating to appointment of new trustees when the sole or surviving trustee shall resign or become disqualified; and for other purposes.
Referred to Committee on Judiciary.
HR 68. By Mr. Orr of Wilkes:
A resolution authorizing State Librarian to furnish certain law books to Clerk of Superior Court of Wilkes County; and for other purposes.
Referred to Committee on Rules.
The following bills and resolution were read the second time:
SB 64. By Senators Sanders of the 18th, Jordan of the 25th and Holton of the 46th:
A bill to amend an Act creating the State Highway Board (Ga. Laws 1950, p. 62), so as to provide that contracts with political subdivisions shall be let at a price that is not higher than the average bid; and for other purposes.
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187
SB 65. By Senator Brown of the 52nd:
A bill to amend an Act regulating the sale of fireworks, (Ga. Laws 1955, p. 550), so as to remove certain exceptions to the provision of said Act; and for other purposes.
SB 66. By Senator Marshburn of the 33rd:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Banks County so as to increase the compensation of the Clerk of the Board; and for other purposes.
SB 67. By Senator Brown of the 52nd:
A bill to authorize the Judges of Superior Courts in counties having a population of 300,000 or more to continue Grand Juries beyond the term of any court for which they were impanelled; and for other purposes.
SB 68. By Senator Clary of the 29th:
A bill to amend the act incorporating the Town of Thomson so as to increase the corporate limits of said town; and for other purpses.
SB 69. By Senator Skelton of the 30th:
A bill to amend the act incorporating the City of Hartwell so as to provide that candidates for Mayor shall give ten days written notice of their intentions to become a candidate for Mayor; and for other purposes.
SB 70. By Senator Clary of the 29th:
A bill to change the compensation of the Sheriff, Ordinary, Clerk of the Superior Court, Tax Collector, Tax Receiver, Coroner and County Surveyor of McDuffie County from the fee system to the salary system; and for other purposes.
SB 71. By Senator Dykes of the 2nd:
A bill to amend the act creating the office of Tax Commissioner of Liberty County so as to change the compensation of the Tax Com missioner; and for other purposes.
SB 72. By Senator Dykes of the 2nd:
A bill to amend the act providing for the compensation of the Sheriff and the Clerk of the Superior Court of Liberty County so as to change the compensation of the Clerk; to provide for the appointment of Deputies to the Sheriff; and for other purposes.
SB 73. By Senator Sanders of the 18th:
A bill to amend the act known as the Georgia Ports Authority Act (Ga. Laws 1945, p. 464), so as to authorize the Governor to convey certain property to the Georgia Ports Authority; and for other purposes.
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JOURNAL OF THE SENATE,
SR 24. By Senator Brown of the 52nd:
A resolution resolving that the oil paintings of Jefferson Davis and Mrs. L. H. Raines be placed in the Museum at the Jefferson Davis Memorial Park and the Georgia Room of the Headquarters Building of the United Daughters of the Confederacy; and for other purposes.
HB 18. By Messrs. Ingle of Gordon, McKenna of Bibb and Ployd of Chattooga:
A bill to amend an act known as the Georgia Military Forces Act, to conform organization, training and discipline to requirements of United States; and for other purposes.
HB 20. By Messrs. Ingle of Gordon, McKenna of Bibb and Floyd of Chattooga:
A bill to repeal in its entirety an act relating to military leave for persons attached to the reserve components of the armed forces of the United States or the State of Georgia; and for other purposes.
HB 26. By Mr. Gowen of Glynn:
A bill to provide for summary judgments in the courts of this State, to define scope, applicability and procedure with respect thereto; and for other purposes.
HB 28. By Mr. Gowen of Glynn:
A bill to amend an act providing for declaratory judgments in the Superior Courts of this State; and for other purposes.
HB 91. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend an act to provide for destruction of old records which, in the opinion of the Chief Judge of said Court, have no further value to the Court or to the public, in certain cities; and for other purposes.
HB 130. By Mr. McClelland of Fulton:
A bill to amend an act providing for the establishment and maintenance of common trust funds; and for other purposes.
HB 138. By Mr. McKenna of Bibb:
A bill to amend an act providing for admissions of facts and genuine ness of documents; and for other purposes.
HB 144. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta, to change corporate limits of said city (East Point) ; and for other purposes.
HB 146. By Messrs. Smith, McClelland and Brooks of Fulton:
A bill to amend an act to provide that cities having a population of more than 150,000 shall furnish pensions to all officers and employees of such cities who have served 25 years; and for other purposes.
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189
HB 147. By Messrs. Smith, Brooks and McClelland of Fulton:
A bill to amend an act to provide that cities having a population of more than 150,000 shall furnish pensions to all officers and employees of such cities who have served twenty-five years; to provide for pay ment of pensions to widows of officers and employees who have retired on a pension, etc.; and for other purposes.
HB 148. By Messrs. Smith, Brooks and McClelland of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta relating to streets, and road construction, etc.; and for other purposes.
HB 150. By Messrs. Brooks, McClelland and Smith of Fulton:
A bill to amend an act to provide that in cities having a population of more than 150,000, pensions shall be furnished to all employees and officers who have served 25 years; to provide for credit for service in the armed forces; and for other purposes.
HB 151. By Messrs. Brooks, McClelland and Smith of Fulton:
A bill to amend an act providing for pensions for members of police departments in cities having a population of 150,000; and for other purposes.
HB 187. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of College Park; to prescribe its limits; and for other purposes.
HB 188. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of College Park; to prescribe its limits so as to take in a strip of land in Clayton County; and for other purposes.
HB 189. By Mr. Willingham of Cobb: A bill to amend an act relating to absentee ballots to change the number of days of notice to be given to vote by mail; and for other purposes.
HB 194. By Mr. Massee of Pulaski: A bill to amend an act creating a new charter for the City of Hawkinsville; and for other purposes.
HB 195. By Mr. Saffold of Toombs:
A bill to create a five man board of commissioners of roads and revenues for Toombs County; and for other purposes.
HB 196. HB 196. By Messrs. Parker and Hodges of Ware:
A bill to amend an act relating to the charter for the City of Waycross; and for other purposes.
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HB 197. By Messrs. Caldwell and Echols of Upson:
A bill to amend an act creating a new charter for the City of Thomaston, to extend the corporate limits; and for other purposes.
HB 199. By Messrs. Matthews and Cox of Clarke:
A bill to amend the charter of the mayor and council of the City of Athens creating a Civil Service Commission; and for other purposes.
HB 200. By Messrs. Matthews and Cox of Clarke:
A bill to amend the charter of the Town of Athens, to authorize the mayor and council to employ its fire fighting equipment and personnel; and for other purposes.
HB 208. By Messrs. Cheatham, McGee and Brennan of Chatham:
A bill amending the several acts relating to and incorporating the mayor and aldermen of the City of Savannah, relating to city limits; and for other purposes.
HB 211. By Mr. Hale of Dade:
A bill to create the office of Commissioner of Roads and Revenues for Dade County; and for other purposes.
HB 212. By Mr. Hale of Dade:
A bill to abolish the office of county treasurer of Dade County; and for other purposes.
HB 213. By Mr. Hale of Dade:
A bill to change the compensation of the Ordinary of Dade County from fee system to salary system; and for other purposes.
HB 214. By Mr. Hale of Dade:
A bill to provide for the appointment of a County Depository for Dade County; and for other purposes.
HR 32. By Messrs. Brennan, Cheatham and McGee of Chatham:
A resolution authorizing the State Librarian to furnish to the law library of Chatham County, without cost to said County, certain law books; and for other purposes.
Senator Ramsey of the 1st District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has had under considera-
WEDNESDAY, FEBRUARY 4, 1959
191
tion the following resolution of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
SR 24. Do Pass. Respectfully submitted, Ramsey of 1st District, Chairman.
Senator Carlisle of the 51st District, Chairman of the Committee on Appro priations, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the fol lowing bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
HB 112. Do Pass.
Respectfully submitted,
Carlisle of 51st District,
Chairman.
Senator Jordan of the 25th District, Chairman of the Committee on Judi ciary, submitted the following report:
Mr. President: Your Committee on Judiciary has had under consideration the following
bills of the House and Senate, and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 44. Do Pass. SB 53. Do Pass. SB 41. Do Pass. SB 60. Do Pass. SB 63. Do Pass. HB 43. Do Pass. SB 59. Do Not Pass.
Respectfully submitted, Jordan of 25th District, Chairman.
Senator Lindsey of the llth District, Secretary of the Committee on Agri culture and Natural Resources, submitted the following report:
Mr. President:
Your Committee on Agriculture and Natural Resources has had under con-
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sideration the following bills of the House and Senate and has instructed me as Secretary, to report the same back to the Senate with the following recom mendations :
HB 88. Do Pass. SB 46. Do Pass. SB 37. Do Pass, as Amended.
Respectfully submitted,
Lindsey of llth District, Secretary.
Senator Brooks of the 23rd District, Chairman of the Committee on Banking and Finance, submitted the following report:
Mr. President:
Your Committee on Banking and Finance has had under consideration the following bills of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 39. Do Pass. SB 51. Do Pass.
Respectfully submitted,
Brooks of 23rd District, Chairman.
Senator Holton of the 46th District, Chairman of the Committee on High ways, submitted the following report:
Mr. President:
Your Committee on Highways has had under consideration the following bills of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 42. Do Pass. SB 43. Do Pass.
Respectfully submitted,
Holton of 46th District, Chairman.
Senator Vaughn of the 34th District, Secretary of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules, has had under consideration the following bills
WEDNESDAY, FEBRUARY 4, 1959
193
and resolutions, of the Senate and House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
SR 14. Do Pass, as Substituted. SR 20. Do Pass. SR 21. Do Pass. HB 30. Do Pass. SB 50. Do Pass. SB 56. Do Pass.
Respectfully submitted, Vaughn of 34th District, Secretary.
The following resolution was read and adopted:
HR 109. By Messrs. Fowler of Douglas, Jones of Union and others:
A resolution requesting the Governor and the Board of Regents to provide a Coliseum at the College of Agriculture in Athens; and for other purposes.
The following local, uncontested bill, favorably reported by the committee, was read the third time and put upon its passage.
SB 63. By Senator Carlisle of the 51st:
A bill to amend an act providing for holding three terms of the Superior Court of Houston County, and the time therefor, approved February 17, 1949 (Ga. Laws 1949, p. 898), so as to provide for the drawing of the Grand Jury for the April and December terms of said court; to provide that the Grand Jurors for the April term shall serve as the Grand Jury for the April and August terms; to repeal con flicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following general bills, favorably reported by the committees, were read the third time and put upon their passage:
HB 88. By Messrs. Lanier of Candler, Tamplin of Morgan, Ballard of Newton, Murphy of Haralson, Parker of Screven, Johnson of Jenkins, Odom of Camden and many others:
A bill to amend an act creating the Milk Control Commission and defining its duties, powers, membership, so as to change the admin-
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istration of said act from the Milk Control Commission to the Com missioner of Agriculture; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 37. By Senator Doster of the 48th:
A bill to amend an act known as the Georgia State Warehouse Act so as to authorize the Commissioner of Agriculture to appoint a State Warehouse Director; and for other purposes.
The Committee on Agriculture and Natural Resources offered the following amendments:
Amend SB 37 by adding to Section 3 a new subsection to the quoted section 12, to be numbered (d), to read:
"Section 12 (d). The Commissioner is authorized to accept as full compliance with the provisions of this section the submis sion of a sample of the receipts to be printed and a copy of the invoice covering the shipment of such receipt that shows the quantity and quality of the receipts printed for the warehousemen."
On the adoption of the amendment, the ayes were 37, nays 0, and the amend ment was adopted.
Amend SB 37, section 12 (b) in line three by adding after the word "obtained", and before the word "through" the words "by ware housemen from approved and bonded Printers and delivered" and amend same section in line five, by adding after the word "re ceipts" and before the word "shall" in line six the words "from Printers approved, and bonded, by the Commissioner of Agriculture".
On the adoption of the amendment, the ayes were 37, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, the ayes were 46, nays 0.
The bill, having received the requisilte constitutional majority, was passed as amended.
SB 39. By Senators Jordan of the 25th and Crowe of the 10th:
A bill to validate and declare legal the creation and establishment of housing authorities, established pursuant to the Housing Authorities Law; and for other purposes.
WEDNESDAY, FEBRUARY 4, 1959
195
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 41. By Senator Greer of the 6th:
A bill to declare as contraband and subject to confiscation and con demnation all vehicles of every kind used in transporting any drugs declared illegal by the Dangerous Drug Act of this State; and for, other purposes.
Senator Greer of the 6th moved that SB 41 be postponed until February 9, 1959.
On the motion to postpone, the ayes were 32, nays 0, and the motion prevailed.
SB 42. By Senator Brown of the 52nd:
A bill to provide for the regulation of signs displayed by retailers of motor fuel, advertising the price of such motor fuel, so as to prevent advertising practices deceptive to the public; and for other purposes.
Senator Culpepper of the 27th offered the following amendment:
Amend SB 42 by striking sections one (1) and three (3) in their entirety.
On the adoption of the amendment, the ayes were 32, nays 12, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 45, nays 3.
The bill, having received the requisite constitutional majority, was passed as amended.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted the Conference Committee Report to the following bill of the House, to-wit:
HB 1. By Messrs. Smith of Emanuel, Twitty of Mitchell and others:
A bill to make it a crime to improperly influence legislative action to deal with the State, directly or indirectly, while acting as an officer, employee, or agent of the State; and for other purposes.
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Senator Ramsey of the 1st District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bills and/or resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for trans mission to the House:
SB 35.
SB 45.
SB 47.
SB 48.
Respectfully submitted,
Ramsey of the 1st District,
Chairman.
The following bill was taken up for the purpose of considering a Conference Committee report thereto:
HB 1. By Messrs. Smith of Emanuel, Twitty of Mitchell, Trotter of Troup, Bagby of Paulding, Gowen of Glynn, Ray of Warren and many others:
A bill to make it a crime to improperly influence legislative action; to deal with the State, directly or indirectly, while acting as an officer, employee, or agent of the State; to accept remunerations in addition to compensation provided by law while acting as an officer, employee, or agent of the State; and for other puroposes.
The report of the Conference Committee was as follows:
To the President of the Senate and the Speaker of the House of Representatives:
Your Conference Committee, appointed by the House and Senate to conside HB # 1, has had said bill under consideration and make the following recommendations to wit:
1. That the House recede from its position in failing to agree to the Senate Amendment to Section 7 thereof, which is as follows: "by striking the words 'in' when it first occurs in the last line (line 18) of Section 7 and by substituting in lieu thereof, the words 'as an employee of; and by adding at the end of line 18 the following language; "Provided, however, that nothing within this Section shall be construed to apply to any officer or employee of the Executive Branch who has taken a leave of absence without pay from his post for temporary service as an employee of the Legislative Branch wnile it is in session and during the authorized stay over period".
2. That Section 1 of said bill be amended as follows: "by striking the period at the end of the section, inserting a colon and adding the following:
'Provided that nothing herein contained shall apply to special
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197
deputy Assistant Attorneys General appointed for specific services'."
3. That Section 2 of said bill be amended as follows: "by inserting in line 6 after the words 'or any agency thereof,' the words 'or a member of, or employed by, any Authority created by the laws of Georgia.'
4. That Section 3 of said bill be amended as follows: "by striking the words 'or an aid to' from said section."
5. That Section 7 of said bill be amended as follows: "by inserting after the words 'judges' in line 8 the words 'of courts of record'."
6. That Section 12 of said bill be amended as follows: "by striking the word 'person' in line 2 thereof and inserting in lieu thereof the words 'employee of the State of Georgia'."
7. That Section 21 of said bill be amended as follows: "by striking the word 'a' in the first line in said section and inserting in lieu thereof 'an elected'; by striking in line 6 of said section the words 'for his attention to, or services, or'; and by striking the words 'at any time' in line 8 of said section; and by striking the words 'may be' in line 9 and inserting in lieu thereof the word 'is'."
8. That Section 22 of said bill be amended as follows: "by striking from line 3 thereof the words 'arbitration, appraiser, assessor," and inserting in lieu thereof the words 'umpire in any arbitration or assessment proceeding'."
9. That Section 23 of said bill be amended as follows: "by striking the words 'arbitrator, appraiser, assessor' in line 1 and inserting in lieu thereof the words 'umpire in any arbitration or assessment pro ceeding'."
Your Committee unanimously recommends the adoption of the bill with the above amendments.
Respectfully submitted,
Twitty of Mitchell McCracken of Jefferson Ray of Warren
Members of House
Sanders of 18th Culpepper of 7th Jordan of 25th
Members of Senate
Senator Marshburn of the 33rd moved that the Conference Committee report be adopted.
On the motion, the ayes were 43, nays 0, and the report of the Conference Committee was adopted.
SB 43. By Senator Brown of the 52nd: A bill to amend section 73-222 of the Code of Georgia so as to provide
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that the State Oil Chemist shall be among those charged with the enforcement of said Code section; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 44. By Senators Vaughn of the 34th and Nixon of the 35th:
A bill to amend section 67-2002 (3) of the Code of Georgia so as to provide a means for the enforcement of liens without the necessity of filing a suit against a contractor or subcontractor in the event they have been adjudicated a bankrupt; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 56. By Senator Sanders of the 18th:
A bill to provide that upon the second or subsequent conviction under the lottery statutes, the maximum imprisonment therefor shall be imposed; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 46. By Senators McGill of the 50th, Mobley of the 17th, Clary of the 29th, Purcell of the 31st and Breedlove of the 27th:
A bill to amend section 5-9914 of the Code of Georgia relating to the failure to pay for agricultural products so as to extend the provisions of said section to include poultry, timber and pulpwood; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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199
SB 53. By Senator Sanders of the 18th:
A bill to declare contraband, any pistol or revolver which is carried illegally by any person; to provide that such pistol or revolver shall be seized but not destroyed until after the conviction of the person carrying it illegally; to repeal conflicting laws; and for other purposes.
Senator Pannell of the 43rd offered the following amendment: Amend Section 1 of SB 53 in the following manner:
By striking the word "shall" in line seven (7) of Section 1 and substituting the word "may".
Further to amend Section 1 by changing the period at the end of said section to a comma and adding the following words:
"or he may order same sold at public sale as other sheriff sales of personal property are sold and proceeds paid into pauper funds of county."
Senator Carlisle of the 51st offered the following amendment to the amend ment :
Amend SB 53 by adding the following, "or proceeds to be paid as the trail judge directs."
On the adoption of the amendment to the amendment, the ayes were 37, nays 0, and the amendment to the amendment was adopted.
On the adoption of the amendment, the ayes were 40, nays 0, and the amend ment, as amended, was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, the ayes were 35, nays 3.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 60. By Senator Roper of the 19th:
A bill to repeal sections 53-204, 53-205 and 53-206 of the Code of Georgia relating to posting notice of application for a marriage license; and for other purposes.
Senator Clary of the 29th moved that SB 60 be postponed to February 9, 1959, and the motion prevailed.
SR 21. By Senator Land of the 21st:
A resolution to designate the bridge over Big Sandy Creek on State Highway 18 as the H. A. Fountain Bridge; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
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On the adoption of the resolution, the ayes were 39, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 43. By Messrs. Smith of Emanuel, Twitty of Mitchell and Bagby of Paulding.
A bill to amend an act creating the "Oil and Gas Commission", so as to abolish same and transfer its duties, powers and functions to the Director of the Department of Mines, Mining and Geology; to abolish the position of Director of Production and Conservation and to transfer his duties, etc., to the Director of the Department of Mines, Mining and Geology; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 51. By Messrs. Busbee and Odom of Dougherty:
A bill to amend an act so as to provide that the provisions of this act be related particularly to substitute birth certificates for adopted children be made effective as of March 6, 1956; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Sanders of the 18th moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.
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201
Senate Chamber, Atlanta, Georgia, Thursday, February 5, 1959.
The Senate met pursuant to adjournment at 10:00 o'clock this morning and was called to order by the president.
Scripture reading and prayer was offered by Rev. William Winslow Byington, pastor Pierce Memorial Church, Augusta, Georgia.
By unanimous consent the call of the roll was dispensed with.
Senator Clary of the 29th reported that the journal of yesterday's pro ceedings had been read and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Sanders of the 18th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.
The consent was granted.
The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House to wit:
HB 19. By Messrs. Brooks of Fulton, Rowland of Johnson, and others: A bill to be entitled an act to regulate and provide for supervision of the business of private employment agencies; and for other purposes.
HB 64. By Messrs. Brennan, Cheatham and McGee of Chatham:
A bill to be entitled an act to provide that in counties having a popu lation of more than 150,000, it shall be unlawful to catch crabs for commercial purposes within 100 yards of property line of a resident; and for other purposes.
HB 145. By Messrs. Brooks, Smith and McClelland of Fulton:
A bill to be entitled an act to amend an act establishing a new charter
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for the City of East Point, relating to Land Lot 219 in said city; and for other purposes.
HB 161. By Mr. Smith of Grady:
A bill to be entitled an act to amend an act creating small claims courts in each county having a population of not less than 18,923 nor more than 18,996, to change costs; and for other purposes.
HB 202. By Mr. Bagby of Paulding:
A bill to be entitled an act to supplement the compensation of the sheriff in counties having a population not less than 11,710 nor more than 11,895, as allowance for gasoline; and for other purposes.
HB 218. By Messrs. Newton and Matthews of Colquitt:
A bill to be entitled an act to amend the Charter of the City of Norman Park, to increase the tax rate for general purposes; and for other purposes.
HB 219. By Messrs. Fuqua, Edwards and Fleming of Richmond:
A bill to be entitled an act to change, in counties of 100,000 to 110,000 inhabitants, from fee system the Sheriff, Ordinary, tax collector, tax receiver, and treasurer; and for other purposes.
HB 220. By Messrs. Fuqua, Edwards and Fleming of Richmond:
A bill to be entitled an act to amend an act providing for the ap pointment of clerk and purchasing agent for Board of Commissioners of Roads and Revenues in counties of not less than 108,000 nor more than 113,000; and for other purposes.
HB 222. By Messrs. Matthews and Cox of Clarke:
A bill to be entitled an act to amend an act to grant a new charter for the City of Winterville, etc.; and for other purposes.
HB 223. By Mr. McCracken of Jefferson:
A bill to be entitled an act to amend an act relating to the charter of Wadley, in Jefferson County; and for other purposes.
HB 230. By Mr. Rodgers of Charlton:
A bill to be entitled an act to amend an act creating a Board of Com missioners of Roads and Revenues for the County of Charlton; and for other purposes.
HR 29. By Messrs. Jones and Undercofler of Sumter:
A resolution to name the Americus-Vienna Bridge as the "Luther Storey Bridge"; and for other purposes.
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203
HR 80. By Messrs. Cheatham, McGee and Brennan of Chatham:
A resolution ratifying an easement granted by the Military Division, Department of the Defense of the State of Georgia to the Mayor and Aldermen of the City of Savannah, a municipal corporation; and for other purposes.
The House had adopted the following resolution of the House:
HR 99. By Messrs. Orr of Wilkes, Twitty of Mitchell, and others:
A resolution Memorializing Congress to call convention for the purpose of considering amendment to the Constitution of the U. S. relative to administration by States of their respective school systems; and for other purposes.
The following bills were introduced, read the first time and referred to committees:
SB 78. By Senators Perry of the 24th, Culpepper of the 7th, Vaughn of the 34th, Marshall of the 28th and Slade of the 14th:
A bill to provide for the inspection of public records; to provide ex ceptions thereto; and for other purposes.
Referred to the Committee on Judiciary.
SB 79. By Senator Smith of the 4th:
A bill to amend the act known as the Uniform Act Regulating Traffic on Highways (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), so as to increase the speed limit; and for other purposes.
Referred to the Committee on Public Utilities and Transportation.
SB 80. By Senator Smith of the 4th:
A bill to amend Section 39-1103 of the Code of Georgia relating to the official organ of a county so as to provide how a journal or news paper shall be declared the official organ of a county; and for other purposes.
Referred to the Committee on Judiciary.
SB 81. By Senators Skelton of the 30th, Crowe of the 10th and Greer of the 6th:
A bill to repeal the Act (Ga. Laws 1958, p. 686), relating to nomi nations of persons to be elected by Grand Juries; and for other pur poses.
Referred to the Committee on Judiciary.
SB 82. By Senators Sanders of the 18th, Greer of the 6th, Jordan of the 25th and Culpepper of the 7th:
A bill to amend the Act creating the Department of Commerce (Ga.
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Laws 1949, p. 249) so as to abolish the Board of Commissioners of the Department of Commerce; and for other purposes.
Referred to the Committee on Government Operations.
SB 83. By Senators Sanders of the 18th and Jordan of the 25th:
A bill to amend the Act establishing an employees' retirement system (Ga. L. 1949, Reg. Sess. p. 138) so as to stipulate conditions of membership; and for other purposes.
Referred to the Committee on Rules.
SB 84. By Senator Vaughn of the 34th:
A bill to amend Section 67-1403 of the Code of Georgia relating to the recording of conditional bills of sale so as to provide priority for conditional bills of sale; to provide for filing of records of said bills of sale; and for other purposes.
Referred to the Committee on Banking and Finance.
SB 85. By Senators Sanders of the 18th, Watson of the 36th and Holt of the 54th:
A bill to amend the act providing for retirement benefits for ordinaries of Georgia; (Ga. Laws 1958, p. 185), so as to clarify portions of said Act; and for other purposes.
Referred to the Committee on Judiciary.
HB 19. By Messrs. Brooks of Fulton, Rowland of Johnson and others:
A bill to regulate and provide for supervision of the business of private emplyment agencies; and for other purposes.
Referred to Committee on Rules.
HB 64. By Messrs. Brennan, Cheatham and McGee of Chatham:
A bill to provide that in counties having a population of more than 150,000, it shall be unlawful to catch crabs for commercial purposes within 100 yards of property line of a resident; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 145. By Messrs. Brooks, Smith and McClelland of Fulton:
A bill to amend an act establishing a new charter for the City of East Point, relating to Land Lot 219 in said city; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 161. By Mr. Smith of Grady:
A bill to amend an act creating small claims courts in each county having a population of not less than 18,923 nor more than 18,996, to change costs; and for other purposes.
Referred to Committee on Judiciary.
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205
HB 202. By Mr. Bagby of Paulding:
A bill to supplement the compensation of the sheriff in counties having a population not less than 11,710 nor more than 11,895, as allowance for gasoline; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 218. By Messrs. Newton and Matthews of Colquitt:
A bill to amend the charter of the City of Norman Park, to increase the tax rate for general purposes; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 219. By Messrs. Puqua, Edwards and Fleming of Richmond:
A bill to change, in counties of 100,000 to 110,000 inhabitants from fee system the sheriff, ordinary, tax collector, tax receiver and treas urer; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 220. By Messrs. Fuqua, Edwards and Fleming of Richmond:
A bill to amend an act providing for the appointment of clerk and purchasing agent for Board of Commissioners of Roads and Revenues in counties of not less than 108,000 nor more than 113,000; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 222. By Messrs. Matthews and Cox of Clarke:
A bill to amend an act to grant a new charter for the City of Winterville, etc.; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 223. By Mr. McCracken of Jefferson:
A bill to amend an act relating to the charter of Wadley, in Jefferson County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 230. By Mr. Rodgers of Charlton:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Charlton; and for other purposes.
Referred to Committee on County and Municipal Governments.
HR 80. By Messrs. Cheatham, McGee and Brennan of Chatham:
A resolution ratifying an easement granted by the Military Division, Department of the Defense of the State of Georgia to the mayor and aldermen of the City of Savannah, a municipal corporation; and for other purposes.
Referred to Committee on Defense and Veterans Affairs.
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HR 29. By Messrs. Jones and Undercofler of Sumter: A resolution to name the Americus-Vienna Bridge as the "Luther Storey Bridge"; and for other purposes.
Referred to Committee on Highways.
The following bills and resolution were read the second time:
SB 74. By Senators Redwine of the 26th, Perry of the 24th, Drew of the 12th, Kennedy of the 47th, Watson of the 36th, Gearreld of the 37th and Adams of the 22nd:
A bill to provide for public hearings in connection with rate filings by insurance companies or rating organizations filed with the Insurance Commissioner; and for other purposes.
SB 75. By Senators Carlisle of the 51st and Greer of the 6th:
A bill to authorize the General Assembly or any committee thereof to hold hearings relative to proposed legislation; and for other purposes.
SB 76. By Senator Greer of the 6th:
A bill to amend the act creating a Board of Commissioners of Roads and Revenues for the County of Lanier so as to authorize the said Board to exercise the power of eminent domain; and for other purposes.
SB 77. By Senator Holton of the 46th:
A bill to amend the act creating the Board of Commissioners of Roads and Revenues in the County of Coffee so as to provide for recall elec tions for the members of said Board; and for other purposes.
SR 26. By Senator Darby of the 15th:
A resolution authorizing the Governor to convey the property on which the State Farmers Market is located in the City of Vidalia to the City of Vidalia; and for other purposes.
HB 119. By Mr. Trotter of Troup:
A bill to amend an act providing for exceptions to transaction of certain business with the ordinary at a regular term of court; and for other purposes.
HB 120. By Mr. Trotter of Troup:
A bill to amend an act relating to procedure determining no admin istration of estate necessary; providing certified copy of proceedings in county where property is located other than where application is made; and for other purposes.
HB 121. By Mr. Trotter of Troup:
A bill to amend an act relating to binding effect of borrowing and contracts by guardians, so as to clarify a code section number list in said section; and for other purposes.
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HB 216. By Mr. Newton of Colquitt:
A bill to amend an act relating to wilful trespass upon lands of an other, unlawful, whether enclosed, cultivated, uncultivated, etc.; and for other purposes.
HB 224. By Mr. Orr of Wilkes:
A bill to amend an act relating to service of process upon non-resident corporations doing business in Georgia, requiring copies of petition and process be furnished Secretary of State; and for other purposes.
HB 225. By Mr. Orr of Wilkes:
A bill to amend an act authorizing corporations to act in fiduciary capacities, requiring two copies of legal process and petition against a foreign corporation; and for other purposes.
HB 226. By Mr. Orr of Wilkes:
A bill to amend an act providing service of process on non-resident trustees, so as to require two copies of the petition, etc., to be filed with the Secretary of State; and for other purposes.
HB 227. By Mr. Orr of Wilkes:
A bill to amend an act requiring carnivals, circuses, etc., to appoint a resident agent for filing insurance policy subject to damages caused by show; and for other purposes.
HB 228. By Mr. Orr of Wilkes:
A bill to amend an act providing for service of process upon non resident motorists, so as to require two copies of petition and process be filed with Secretary of State; and for other purposes.
HB 234. By Mr. Cheatham of Chatham:
A bill to amend an act relating to appointment of new trustees when the sole or surviving trustee shall resign or become disqualified; and for other purposes.
HR 68. By Mr. Orr of Wilkes:
A resolution authorizing State Librarian to furnish certain law books to Clerk of Superior Court of Wilkes County; and for other purposes.
Senator Brown of the 52nd District, Chairman of the Committee on County and Municipal Governments, submitted the following report:
Mr. President:
Your Committee on County and Municipal Governments has had under consideration the following bills and resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 28. Do Pass.
SB 62. Do Pass.
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SB 66. Do Pass. SB 67. Do Pass. SB 68. Do Pass. SB 69. Do Pass. SB 70. Do Pass. SB 71. Do Pass. SB 72. Do Pass. HB 188. Do Pass, as Amended. HB 191. Do Pass, as Amended. HB 73. Do Pass. HB 95. Do Pass. HB 97. Do Pass. HB 99. Do Pass. HB 103. Do Pass. HB 104. Do Pass. HB 114. Do Pass. HB 124. Do Pass. HB 133. Do Pass. HB 135. Do Pass. HB 142. Do Pass. HB 156. Do Pass. HB 157. Do Pass. HB 158. Do Pass, HB 159. Do Pass. HB 160. Do Pass. HB 163. Do Pass. HB 167. Do Pass. HB 170. Do Pass. HB 171. Do Pass. HB 172. Do Pass. HB 173. Do Pass. HB 174. Do Pass. HB 175. Do Pass. HB 176. Do Pass.
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209
HB 194. Do Pass. HB 195. Do Pass. HB 196. Do Pass. HB 197. Do Pass. HB 199. Do Pass. HB 200. Do Pass. HB 208. Do Pass. HB 211. Do Pass. HB 212. Do Pass. HB 213. Do Pass. HB 214. Do Pass.
Respectfully submitted, Brown of 52nd District, Chairman.
Senator Jernigan of the 5th District, Chairman of the Committee on Educational Matters, submitted the following report:
Mr. President:
Your Committee on Educational Matters has had under consideration the following bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
HB 98. Do Pass, as Amended.
Respectfully submitted,
Jernigan of 5th District,
Chairman.
Senator Land of the 21st District, Secretary of the Committee on Public Utilities and Transportation, submitted the following report:
Mr. President:
Your Committee on Public Utilities and Transportation has had under con sideration the following bill of the Senate and has instructed me as Secretary, to report the same back to the Senate with the following recommendation:
SB 30. Do Pass, by Substitute.
Respectfully submitted,
Land of 21st District,
Secretary.
The following resolutions were read and adopted:
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SR 27. By Senator Ramsey of the 1st:
A resolution resolving that the Secretary of State be directed to in vestigate and procure additional parking spaces for members of the General Assembly; and for other purposes.
SR 28. By Senators Sanders of the 18th and Jordan of the 25th:
A resolution authorizing the Secretary of State to have a group picture made of the members of the 1959 General Assembly; and for other purposes.
SR 29. By Senator Ramsey of the 1st:
A resolution authorizing the Secretary of State to dispose of surplus property accumulated during the renovation of the State Capitol; and for other purposes.
SR 30. By Senators Sanders of the 18th and Jordan of the 25th:
A resolution authorizing the Secretary of State to prepare and dis tribute the Georgia Official and Statistical Register; and for other purposes.
SR 31. By Senator Perry of the 24th:
A resolution inviting Miss Malinda Biggs Berry, National Maid of Cotton to visit in the Senate Chamber; and for other purposes.
HR 99. By Messrs. Orr of Wilkes, Twitty of Mitchell and others:
A resolution memorializing Congress to call convention for the pur pose of considering amendment to the Constitution of the United States relative to administration by states of their respective school systems; and for other purposes.
The following local, uncontested bills, favorably reported by the committees, were read the third time and put upon their passage:
SB 28. By Senator Perry of the 24th:
A bill to authorize the solicitors general of the superior court in certain judicial circuits to appoint investigators; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requis'te constitutional majority, was passed.
SB 50. By Senator Brown of the 52nd:
A bill to amend an act (Ga. Laws 1946, p. 174-191), pertaining to voting machines so as to provide that voting machines shall remain
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211
locked for a period of at least 15 days, to provide exceptions; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 62. By Senator Lindsey of the 53rd:
A bill to amend an act creating a charter for the Town of Lenox so as to change the length of the term of the councilmen for said town; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 66. By Senator Marshburn of the 33rd:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Banks County so as to increase the compensation of the clerk of the Board; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 67. By Senator Brown of the 52nd:
A bill to authorize the judges of superior courts in counties having a population of 300,000 or more to continue Grand Juries beyond the term of any court for which they were impanelled; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, Was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 68. By Senator Clary of the 29th:
A bill to amend the act incorporating the Town of Thomson so as to increase the corporate limits of said town; and for other purposes.
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The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 69. By Senator Skelton of the 30th:
A bill to amend the act incorporating the City of Hartwell so as to provide that candidates for mayor shall give ten days written notice of their intentions to become a candidate for mayor; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 70. By Senator Clary of the 29th:
A bill to change the compensation of the sheriff, ordinary, clerk of the superior court, tax collector, tax receiver, coroner and county surveyor of McDuffie County from the fee system to the salary system; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 71. By Senator Dykes of the 2nd:
A bill to amend the act creating the office of Tax Commissioner of Liberty County so as to change the compensation of the Tax Com missioner; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0. The bill, having received the requisite constitutional majority, was passed.
SB 72. By Senator Dykes of the 2nd:
A bill to amend the act providing for the compensation of the sheriff and the clerk of the Superior Court of Liberty County so as to change the compensation of the clerk; to provide for the appointment of deputies to the sheriff; and for other purposes.
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213
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following general bills and resolutions, favorably reported by the committees, were read the third time and put upon their passage:
SR 14. By Senator Sanders of the 18th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for succession to the office of Governor in the event the Governor-Elect dies; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article V, Section I, Paragraph VII of the Constitu tion, relating to the office of Lieutenant Governor, is hereby amended by adding a new paragraph at the end thereof, to read as follows:
"In the event the person who is elected Governor dies prior to the time he qualifies as Governor, the person who is elected Lieu tenant Governor at the same election shall, upon qualifying as Lieutenant Governor, exercise the executive power and receive the compensation of the Governor until the next general election for members of the General Assembly, at which a successor to the Governor shall be elected for the unexpired term.
Section 2. When the above proposed amendment to the Consti tution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide for succession to the office of Governor in the event the Governor-Elect dies.
"Against ratification of amendment to the Constitution so as to provide for succession to the office of Governor in the event the Governor dies."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph
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of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The Committee on Rules offered the following substitute:
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide for the filling of the office of Governor and Lieutenant Governor; to provide for succession to the office of the Governor in the event the Governor-Elect dies, and for the filling of vacancies in the office of the Governor and Lieutenant Governor; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article V, Section I, Paragraph VII of the Constitution, relating to the office of Lieutenant Governor, is hereby amended by adding at the end thereof the following:
"In the event of the death of the person who has been elected Governor prior to the time that such person qualifies as Governor, the person who was elected Lieutenant Governor shall, upon quali fying as Lieutenant Governor, exercise the executive power and receive the compensation of the Governor until the next general election of the members of the General Assembly, at which time a successor to the Governor shall be elected for the unexpired term.
"In the event of the death of the Governor-Elect and the Lieutenant Governor-Elect prior to the time they assume office, the Speaker of the House of Representatives elected at the first regular Session of the General Assembly, convened on or after January first following the election of the Governor and Lieutenant Governor, shall exercise the executive power and receive the com pensation of the Governor until the election and qualification of a Governor at a special election, which shall be held within sixty (60) days from the date on which the Speaker of the House of Representatives shall assume the executive power.
"In the event that the Speaker of the House of Representatives shall be disqualified or for any reason be unable to assume the executive power, or shall assume the executive power under any portion of this Paragraph of the Constitution and shall thereafter die, resign or become disqualified, the line of succession to the executive power shall be among the following Constitutional State House officers in the order named: (1) Secretary of State; (2) State Treasurer; (3) Comptroller General; (4) Attorney General; (5) State School Superintendent; (6) Commissioner of Agricul ture; (7) Chairman of the Georgia Public Service Commission; (8) other members of the Georgia Public Service Commission with preference being given to the senior member in point of service qualified to exercise the executive power; (9) Commis sioner of Labor. Exercise of the executive power by the officers
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215
aforementioned shall be only until the election and qualification of a Governor at a special election as aforementioned.
"In the event of a vacancy in the office of Lieutenant Gov ernor, a special election shall be called by the Governor, or person exercising the executive power, to be held within sixty (60) days after the vacancy occurs, to fill the unexpired term; provided, however, that in the event such unexpired term is for less than six (6) months, the President pro-tern of the Senate shall assume the duties of the Lieutenant Governor."
Section 2. When the above proposed amendment to the Consti tution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georiga of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide for the succession to the office of the Governor in the event the Governor-Elect dies, and for the filling of vacancies in the office of the Governor and Lieutenant Governor.
"Against ratification of amendment to the Constitution so as to provide for the succession to the office of the Governor in the event the Governor-Elect dies, and for the filling of vacancies in the office of the Governor and Lieutenant Governor."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
On the adoption of the substitute, the ayes were 39, nays 0, and the sub stitute was adopted.
The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.
The resolution, proposing an amendment to the Constitution, a roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Barrett, 32nd
Barrett, 45th Brown
Cannon Carlisle
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Clary Crowe Culpepper Darby Drew Edenfield Gearreld Greer Hays Holt Holton Home Jernigan Jordan
Kennedy Land Lanier Lindsey, llth Lindsey, 53rd Livingston Marshall Marshburn Mercer Mobley McGill Nixon Pannell Perry
Purcell Ramsey Redwine Roach Roper Sanders Screws Shaw Skelton Smith Vaughn Watson Wright
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 47, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted by substitute.
SR 24. By Senator Brown of the 52nd:
A resolution relative to portraits of Jefferson Davis and Mrs. L. H. Raines; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 36, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 30. By Mesrs. Kidd and Chandler of Baldwin:
A bill to vest certain authority, power, privilege and duty in duly appointed police officers of the Milledgeville State Hospital; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 112. By Messrs. Carswell and Tucker of Burke, Floyd of Chattoooga and others:
A bill to carry into effect an amendment relating to homestead exemption for certain disabled veterans; and for other purposes.
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217
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 98. By Messrs. Murphy of Haralson, Tamplin of Morgan, Hall, Scoggin and Lowrey of Floyd:
A bill to amend an act relating to free tuition to the common schools, so as to provide that children who will be six years of age on or before the last day of December of any year shall be entitled to enter school at the beginning of the school year which begins in the same calendar year of their sixth birthday; and for other purposes.
The Committee on Educational Matters offered the following amendment:
Amend HB 98 by deleting in line seven (7) of section 32-937 the following sentence:
"Provided that upon proof of school authorities that said child is not normally developed, considering its age, The County Board of Education may delay the entrance of said child into the Public School System."
In the caption by deleting the words "the last day of December" and inserting in lieu thereof the words "the fifteenth day of November" and in the fourth line of section 32-937, delete the words "the last day of December" and insert in lieu thereof the words "the fifteenth day of November".
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 24, nays 15.
The bill, having failed to received the requisite constitutional majority, was lost.
SB 30. By Senator Culpepper of the 7th:
A bill to amend an act entitled "Electric Membership Corporations", so as to redefine the term "rural area" as used in said act; and for other purposes.
The Committee on Public Utilities and Transportation offered the following substitute:
AN ACT
To amend an act entitled, "An act providing for the formation of cooperative non-profit membership corporations to be known as Electric Membership Corporations for the purpose of engaging in rural
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electrification by furnishing electrical energy, wiring assistance and facilities, electrical and plumbing equipment and services, to its mem bers; providing for the rights, powers and duties of such corporations, including their classification with regard to the jurisdiction of the Public Service Commission; authorizing and regulating the issuance of obligations by such corporations; providing for the payments of such obligations and the rights of the holders thereof, the classifications of such obligations and the membership certificates of such corporations with respect to regulations; authorizing existing corporations organized for the same general purpose to re-incorporate hereunder, and vali dating certain acts, covenants, contracts, and obligations of such corpo rations; and for other purposes." approved March 30, 1937 (Georgia Laws, 1937, p. 644 et seq.), as amended, so as to re-define the term "rural area" as used in said Act and to provide for electric service by electric membership corporations in such areas; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:
Section 1. Subsection 8 of section 2 (codified as Section 34A-102 (8), Code of Georgia Annotated) of an act entitled "An act providing for the formation of cooperative non profit membership corporations to be known as Electric Membership Corporation for the purpose of engaging in rural electrification by furnishing electrical energy, wiring assistance and facilities, electrical and plumbing equipment and serv ices, to its members; providing for the rights, powers and duties of such corporations, including their classification with regard to the jurisdiction of the Public Service Commission; authorizing and regu lating the issuance of obligations by such corporations; providing for the payments of such obligations and the rights of the holders thereof, the classifications of such obligations and the membership certificates of such corporations with respect to regulation; authorizing existing corporations organized for the same general purpose to re-incorporate hereunder, and validating certain acts, covenants, contracts, and obli gations of such corporations; and for other purposes." approved March 30, 1937 (Georgia Laws, 1937, p. 644 et seq.), as amended, is hereby amended to read as follows:
(8) "Rural area" means any area not included within the bounda ries of any incorporated or unincorporated city, town, or village having a population of fifteen hundred inhabitants at the time a corporation commences to operate electric facilities or to furnish electric energy in such an area, and includes both the farm and non farm population thereof, and the inclusion by annexation or otherwise, of any portion of a rural area, as defined in this Chapter, within the limits of an incorporated or unincorporated city, town, or village, regardless of its population, shall not in any respect impair or affect the right of a corporation to furnish electric energy to present or new consumers within such area, provided that the right to serve new customers shall be limited to an area not exceeding one thousand (1,000) feet from any existing primary lines of such corporation, at the time of annex ation or inclusion of any portion of rural area, as defined in this chapter, within limits of an incorporated or unincorporated city, town or village.
Section 2. All laws or parts of laws inconsistent herewith are hereby repealed.
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219
Section 3. This Act shall take effect immediately upon passage and approval of the Governor.
On the adoption of the substitute, the ayes were 32, nays 13, and the sub stitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 32, nays 13.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Culpepper of the 7th asked unanimous consent that SB 30 be immediately transmitted to the House.
The consent was granted.
Senator Ramsey of the 1st District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report: Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bills and/or resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the House:
SB 37. SB 39. SB 42. SB 43. SB 44. SB 46. SB 51. SB 53. SB 56. SB 63. SR 21.
Respectfully submitted, Ramsey of the 1st District, Chairman.
The following bill was taken up for the purpose of considering a Conference Committee report thereto:
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HB 3. By Messrs. Smith of Emanuel, Twitty of Mitchell, Underwood of Montgomery, Fuqua of Richmond, Parker of Screven, Lokey of McDuffie, Barber of Jackson, Fowler of Treutlen, Trotter of Troup, Kimmons of Pierce and many others:
The Conference Committee report was as follows:
The Conference Committee appointed by the House and Senate with reference to HB 3 as substituted by the Senate, having met in conference and having unanimously agreed upon a substitute bill to be substituted for the Senate substitute to HB 3, there is attached to this committee report copy of said proposed substitute which has been agreed upon by the conference committee and which said con ference committee recommends the passage of by the Senate and House of Representatives.
Respectfully submitted,
Sanders of the 18th Greer of the 6th Jordan of the 25th
On the part of the Senate
Blalock of Clayton Twitty of Mitchell Underwood of Montgomery
On the part of the House
The Committee of Conference on HB 3 recommends passage of substitute as proposed.
A BILL
To be entitled an Act to create a Committee to be known as the "Joint Committee on the Operations of the General Assembly"; to provide for powers, duties, and functions; to create the office of Legislative Counsel; to provide for qualifications, duties, functions, compensation and election; to provide for personnel; to provide for retirement; to provide for the transferral of credits; to provide for transferral of equipment, supplies, furniture, files, records, books, and other material; to provide for the transferral of duties; to designate the first Legislative Counsel; to provide for funds; to provide for an advisor to the Legislative Counsel; to provide the procedure con nected with the foregoing; to repeal an Act creating the Bill Drafting Unit in the State Law Department, approved February 20, 1951 (Ga. Laws 1951, p. 351) ; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. There is hereby created and established a Committee to be known as the "Joint Committee on the Operations of the General Assembly", hereinafter called the Committee, to be composed of the Speaker of the House of Representatives, the President of the Senate, the Chairman of the Appropriations Committee of the Senate, the Chairman of the Appropriations Committee of the House of Repre sentatives, the Chairman of the Judiciary Committee of the Senate,
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221
the Chairman of the Judiciary Committee of the House of Representa tives, the Chairman of the Committee on Banking and Finance of the Senate, the Chairman of the Ways and Means Committee of the House of Representatives, the Clerk of the House of Representatives, and the Secretary of the Senate. The Speaker of the House of Representatives shall be Chairman of the Committee and the Secretary of the Senate shall be Secretary of the Committee. Said Committee shall perfect its organization conformable to the provisions of this Act. The members of the Committee shall receive no additional compensation, per diem, expenses or allowances for service on the Committee during sessions of the General Assembly, but for each day spent in the performance of their duties hereunder between sessions, the members shall receive the compensation, per diem, expenses and allowances authorized for interim legislative committees, upon certification thereof by the Chair man of the Committee to the State Treasurer. Six members of the Committee shall constitute a quorum for the transaction of any business of the Committee.
Section 2. The Committee shall study and make recommendations to the General Assembly and to each branch thereof, methods for more efficiently utilizing the space in the Capitol building set aside for the legislative branch of the government. It shall also study and recommend methods and procedures to more efficiently operate the General Assembly and each branch thereof. It shall provide for the revision and codification of the laws of this State, beginning and continuing at and for such time as may be determined by the Com mittee, such revision and codification being subject to adoption by the General Assembly and approval by the Governor. The Committee shall provide services and facilities equally available to each and every member of, both branches of the General Assembly, including but not limited to, legislative counseling, bill drafting, and the providing of legislative reference material.
Section 3. There is hereby created the office of Legislative Coun sel who shall be an attorney skilled and experienced in legislative matters and bill drafting. He shall assist the Committee in the per formance of its duties. It shall be the duty of the Legislative Counsel to provide serivces equally available to each and every member of the General Assembly, which shall include but not be limited to, legislative counseling, bill drafting, and the providing of legislative reference material. He shall advise with the members of the General Assembly on legislative matters and prepare proposed legislation at the request of any member of the General Assembly. He shall also advise with Committees of the General Assembly both during and between sessions and assist any committee with the preparation of reports, recommenda tions and related matters. He shall act as a parliamentarian for either branch of the General Assembly upon the request of the presiding officer of either branch. He shall assist the Committee in the revision and codification of laws as provided for hereinbefore. He is authorized to perform research on legislative matters and related subjects and make reports and recommendations thereon. He is authorized to ex change information, data and material with similar agencies in other states. The Committee may delegate to the Legislative Counsel such of its duties and powers as the Committee deems desirable. He shall have such other and further duties as the General Assembly and the Committee may from time to time prescribe.
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Section 4. The committee shall elect the Legislative Counsel, subject to the approval of both branches of the General Assembly in joint session, except that the Deputy Director of the Bill Drafting Unit of the State Law Department having served as such since the creation of said unit, is hereby elected and designated as the first Legislative Counsel, subject to his acceptance of the position, and no election shall be held as provided herein for such Legislative Counsel. Thereafter, the Legislative Counsel shall serve at the pleasure of the Committee with the approval of both branches of the General As sembly as above stated for a period not exceeding two (2) years thereafter commencing with the convening date of the General As sembly for the 1961 session. The Legislative Counsel shall be elected by the Committee subject to the approval of both branches of the General Assembly in joint session and he shall serve at the pleasure of the committee for a period not exceeding two (2) years. The com mittee shall fix the compensation of the Legislative Counsel.
Section 5. The committee, with the exception of clerical help, which shall be employed directly by the Legislative Counsel, shall employ all other technical and legal personnel to assist the Legislative Counsel in the performance of the duties and functions of said office and the committee may authorize a chief deputy and other deputies for said Legislative Counsel. The committee is authorized to delegate duties to the personnel employed by it and all personnel shall be subject to supervision by the Legislative Counsel with reference to the duties of their employment. The committee is authorized to fix the compen sation of all personnel and the Legislative Counsel and other staff personnel shall receive expenses incurred in connection with their em ployment as is authorized by law of budget regulations. The committee shall designate suitable quarters in the State Capitol building for the office of the Legislative Counsel and staff provided that if such quarters are not immediately available the committee shall make other provisions relating to quarters. The office of Legislative Counsel shall be furnished such supplies, materials, furniture, books, and equipment as are needed in the same manner as such things are furnished to the Legislative Branch of the Government. The furniture, equipment, sup plies, files, records, books, and other material which has been pur chased or utilized by the Bill Drafting Unit of the State Law Depart ment is hereby transferred to and made the property, of the Joint Committee on the operations of the General Assembly.
Section 6. The Committee is hereby authorized to promulgate a merit system of employment under which personnel shall be selected on a basis of merit. All personnel, and the Legislative Counsel, are hereby authorized to be members of the Employees' Retirement System of Georgia, as established by an Act approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended. All rights, credits and funds in said Retirement System which are possessed by any personnel of the office of Legislative Counsel, including the Legislative Counsel, at the time of employment in said office are hereby continued, and it is the intention of the General Assembly that any such personnel and the Legislative Counsel shall not lose any rights, credits or funds to which they were entitled prior to being employed in the office of Legislative Counsel. There shall be paid from the funds appropriated for the operation of the legislative branch of the Government, all contributions required by the Retirement Act and all such payments shall be in
THURSDAY, FEBRUARY 5, 1959
223
addition to the regular compensation authorized to the Legislative Counsel and other personnel in said office.
Section 7. An Act creating the Bill Drafting Unit as a part of the State Law Department approved February 20, 1951 (Ga. Laws 1951, p. 351), is hereby repealed in its entirety. If, in any other Act or Resolution, reference is made to the Deputy Director of said Unit it shall be construed to mean and is hereby declared to refer to the Legislative Counsel.
Section 8. The funds necessary to carry out the provisions of this Act shall be paid from the funds appropriated to or available to the legislative branch of the Government. The State Treasurer is hereby authorized and directed to pay such funds in the same manner as other legislative funds are paid.
Section 9. This Act shall become effective on April 1, 1959.
Section 10. The Attorney General having served as the Director of the Bill Drafting Unit since its creation, shall serve as an advisor to the Legislative Counsel and for such services shall be compensated in the same amount, from the same appropriation, he received for his services as Director of the Bill Drafting Unit.
Section 11. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Sanders of the 18th moved that the Conference Committee report be adopted.
On the motion, the ayes were 37, nays 0, and the report of the Conference Committee was adopted.
The following bill was taken up for the purpose of considering a Conference Committee report thereto:
HB 5. By Messrs. Smith of Emanuel, Twitty of Mitchell, Hodges and Parker of Ware, Odom of Dougherty, Coalson of Polk, Griffin of Decatur, and others:
The report of the Conference Committee was as follows:
1. That the House agree to the Senate Substitute to HB 5 which is as follows:
A BILL
To be entitled an Act to provide for the support of independent school systems which municipal corporations are authorized by the Constitution to maintain; to authorize ad valorem taxation for the support of such school systems; to limit the purposes for which the power of taxation may be exercised in the support of such independent school systems; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Every municipal corporation having an independent school system which it is permitted by Article VIII, Section VII, Para-
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graph 1, of the Constitution of Georgia to maintain, including any municipal corporation having a public school system established prior to the adoption of the Constitution of 1877, is hereby authorized to levy ad valorem taxes for the support of separate public schools for the white and colored races, not less than five mills nor more than twenty mills upon the dollar of all taxable property within the limits of such municipal corporation, or at such rate, and within such limita tions as to rate, as may heretofore have been fixed by law or consti tutional provisions. Such taxes shall be levied by the governing author ity of such municipal corporation upon the recommendation of the board of education of such municipal corporation or other authority charged with the duty of operating such independent school system, and collected as other municipal taxes are collected.
Section 2. The authority hereby conferred upon municipal corpo rations to levy taxes may be exercised only for the purpose of levying such taxes for the support of separate public schools for the white and colored races, and if it shall he held by any court of competent jurisdiction that the support of separate public schools for the white and colored races is illegal or violative of the constitutional rights of any person, or if it shall be finally determined by a court of competent jurisdiction that any such municipal corporation cannot maintain separate schools for the white and colored races, then all power con ferred upon any such municipal corporation by this Act shall immedi ately terminate and cease to be effective and no such municipal corpo ration shall thereafter have power or authority to levy any tax ad valorem or otherwise, for the support and maintenance of public schools; and the Superior Court of the County shall have jurisdiction to enjoin any attempt to exercise any such power at the suit of any taxpayer of the municipality: provided, however, that the closing of any public school within such municipality by authority of State law shall not prevent the exercise of the power of taxation conferred by this Act for the support of public schools thereafter continued in operation as separate public schools for the white and colored races.
Section 3. This Act shall supersede all existing general and local laws authorizing municipal corporations to levy taxes for the support of independent school systems permitted by Article VIII, Section VII, Paragraph 1, of the Constitution, including local or general laws authorizing municipal corporations to levy taxes for the support of public school systems established prior to the adoption of the Consti tution of 1877, but the provisions of such existing general and local laws fixing rates of ad valorem taxation for the support of public schools by such municipal corporations shall be deemed to be incorpo rated into this Act insofar as, and only insofar as, such existing general and local laws prescribed rates of ad valorem taxation.
Section 4. All general and special laws and parts of laws in con flict with this act are hereby repealed. Should sections one and two of this act, or either of them, be declared invalid, the provisions of section three, and the repealing provision of this section, shall remain of full force and effect.
2. That Section 1 of Senate Substitute to HB 5 be amended by adding in the second paragraph thereof after the 13th word in said paragraph which is the word "corporation", the following: "at such rate as may be determined by such governing authority of such
THURSDAY, FEBRUARY 5, 1959
225
municipal corporations within the limitations set out above" so that the second paragraph of Section 1 of Senate Substitute to HB 5 shall read as follows:
"Section 1. Every municipal corporation having an independ ent school system which it is permitted by Article VIII, Section VII, Paragraph 1, of the Constitution of Georgia to maintain, including any municipal corporation having a public school system established prior to the adoption of the Constitution of 1877, is hereby authorized to levy ad valorem taxes for the support of sepa rate public schools for the white and colored races, not less than five mills nor more than twenty mills upon the dollar of all taxable property within the limits of such municipal corporation, or at such rate, and within such limitations as to rate, as may heretofore have been fixed by law or constitutional provision. Such taxes shall be levied by the governing authority of such municipal corporation at such rate as may be determined by such governing authority of such municipal corporations within the limitations set out above upon the recommendation of the board of education of such municipal corporation or other authority charged with the duty of operating such independent school system, and collected as other municipal taxes are collected.
Your Committee unanimously recommends the adoption of the Senate Substitute to HB 5 with the above amendment.
Respectfully submitted,
ON THE PART OF THE HOUSE Trotter of Troup Smith of Grady Parker of Appling
ON THE PART OF THE SENATE Sanders of 18th Jordan of 25th Wright of 42nd
Senator Wright of the 42nd moved that the Conference Committee report be adopted.
On the motion, the ayes were 30, nays 0, and the report of the Conference Committee was adopted.
Senator Culpepper of the 7th moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.
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Senate Chamber, Atlanta, Georgia, Friday, February 6, 1959.
The Senate met pursuant to adjournment at 10:00 o'clock this morning and was called to order by the president.
Scripture reading and prayer was offered by Rev. Robert L. Taylor, pastor First Methodist Church, Madison, Georgia.
By unanimous consent the call of the roll was dispensed with.
Senator Clary of the 29th reported that the journal of yesterday's pro ceedings had been read and found correct.
Senator Vaughn of the 34th moved that the following bill of the House be reconsidered:
HB 98. By Messrs. Murphy of Haralson, Tamplin of Morgan, Hall, Scoggin and Lowrey of Floyd:
A bill to amend an act relating to free tuition to the common schools, so as to provide that children who will be six years of age on or before the last day of December of any year shall be entitled to enter school at the beginning of the school year which begins in the same calendar year of their sixth birthday; and for other purposes.
On the motion to reconsider, the ayes were 20, nays 0.
The motion prevailed and HB 98 was placed at the foot of the calendar.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Sanders of the 18th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.
The consent was granted.
FRIDAY, FEBURARY 6, 1959
227
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House to wit:
HB 132. By Mr. Jones of Union:
A bill to be entitled an act to create the office of Commissioner of Roads and Revenues of Union County; to provide for bonds of such Commissioner; and for other purposes.
HB 149. By Messrs. Brooks, McClelland and Smith of Fulton:
A bill to be entitled an act to amend an act creating a new charter for the City of Atlanta, creating the position of Judge Emeritus; and for other purposes.
HB 242. By Mr. Huddleston of Fayette:
A bill to be entitled an act to create and incorporate Peachtree City, in the County of Fayette; and for other purposes.
HB 243. By Mr. Huddleston of Fayette:
A bill to be entitled an act to create a Board of Commissioners of Roads and Revenues for Fayette County; and for other purposes.
HB 244. By Mr. Kirkland of Atkinson:
A bill to be entitled an act to provide that the Ordinary of Atkinson County shall have a supplemental salary in addition to fees and other compensations to which he is now entitled; and for other purposes.
HB 245. By Mr. Jones of Crawford:
A bill to be entitled an act to amend an act providing for the payment of certain fees to the Tax Receiver in certain counties; and for other purposes.
HB 251. By Messrs. Bowen of Randolph, Hurst of Quitman, and others:
A bill to be entitled an act to amend an act fixing the compensation of the Solicitor-General of the Pataula Judicial Circuit; and for other purposes.
HB 252. By Messrs. Milhollin and Williams of Coffee:
A bill to be entitled an act to amend an act creating a new charter for the City of Douglas, to change the city limits; and for other purposes.
HB 253. By Mr. Wells of Oconee:
A bill to be entitled an act to amend an act reincorporating the Town of Watkinsville; and for other purposes.
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JOURNAL OF THE SENATE,
HB 254. By Mr. Wells of Oconee:
A bill to be entitled an act to amend an act incorporating the Town of Bogart; and for other purposes.
HB 262. By Mr. Pelham of Schley:
A bill to be entitled an act to amend an act creating the Board of Commissioners of Roads and Revenues in the Counties of Floyd, Berrien, Effingham, Schley, Sumter and Green, to provide for publication of expenditures and disbursements by the Board of Commissioners of Roads and Revenues of Schley County; and for other purposes.
HB 264. By Messrs. Smith of Emanuel, Bagby of Paulding, and others:
A bill to be entitled an act to amend an act to authorize the establish ment of Merit System of Personnel administration, to except em ployees holding positions in confidential nature; and for other purposes.
HB 265. By Mr. Steis of Harris:
A bill to be entitled an act to amend an act relating to the compen sation of Board of Commissioners of Roads and Revenues of Harris County; and for other purposes.
HB 266. By Messrs Bolton and Melton of Spalding:
A bill to be entitled an act to amend the Charter of the City of Griffin, to enlarge the City Limits; and for other purposes.
HB 267. By Messrs. Bolton and Melton of Spalding:
A bill to be entitled an act to amend the charter of the City of Griffin, to provide for a fund known as "The Water, Light and Sewerage Department Emergency Reserve Fund" of the City of Griffin; and for other purposes.
HB 268. By Messrs. Melton and Bolton of Spalding:
A bill to be entitled an act to amend the Charter of the City of Griffin, to establish a fund known as "The Cemetery Trust Fund" of the City of Griffin; and for other purposes.
HB 269. By Messrs. Bolton and Melton of Spalding:
A bill to be entitled an act to amend the Charter of the City of Griffin, to enlarge the powers of the Board of Commissioners of said City; and for other purposes.
HB 270. By Mr. Callier of Talbot:
A bill to be entitled an act to amend an act creating the office of Tax Commissioner of Talbot County; and for other purposes.
HB 272. By Messrs. Cox of Clarke, Gowen of Glynn, and others: A bill to be entitled an act to revise the judiciary practices of this
FRIDAY, FEBURARY 6, 1959
229
State; to enable unincorporated organizations to sue and be sued in the Courts of this State; and for other purposes.
HB 276. By Messrs. Undercofler and Jones of Sumter:
A bill to be entitled an act to amend an act establishing a new charter for the City of Americus; and for other purposes.
HB 277. By Messrs. Undercofler and Jones of Sumter:
A bill to be entitled an act to amend an act establishing a new charter for City of Americus, by amending the Americus Retirement System; and for other purposes.
HB 278. By Mr. Rogers of Heard:
A bill to be entitled an act to repeal an act creating a Board of Com missioners of Heard County; to provide for competitive sealed bids; and for other purposes.
HB 279. By Messrs. Hall, Lowrey and Scoggin of Floyd:
A bill to be entitled an act to provide for compensation of members of County Board of Education of Floyd County; and for other purposes.
HB 280. By Mr. Kelly of Jasper:
A bill to be ent'tled an act to repeal an act incorporating the City of Monticello; to grant a new charter to said City; to prescribe the corpo rate limits and powers; and for other purposes.
HB 288. By Mr. Stuckey of Dodge:
A bill to be entitled an act to change from the fee system to salary system in County of Dodge, the Sheriff and Clerk of Superior Court; and for other purposes.
HB 289. By Mr. Stuckey of Dodge:
A bill to be entitled an act to require all primary elections for nomi nation of candidates for offices in Dodge County to be held on second Wednesday in May in year such officers are elected in November; and for other purposes.
HB 290. By Mr. Stuckey of Dodge:
A bill to be entitled an act to amend an act placing the Solicitor General of Oconee Circuit on salary basis so as to change compensation of Solicitor General; and for other purposes.
HB 291. By Mr. Stuckey of Dodge:
A bill to be entitled an act to abolish the City Court of Eastman; to transfer all records of such court to Superior Court of Dodge County; and for other purposes.
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JOURNAL OF THE SENATE,
HB 292. By Mr. Stuckey of Dodge:
A bill to be entitled an act to provide for four terms of the Superior Court of Dodge County; and for other purposes.
HB 293. By Mr. Stuckey of Dodge:
A bill to be entitled an act to amend an act creating office of Com missioner of Roads and Revenues for Dodge County, so as to increase the salary of the Commissioner; and for other purposes.
HB 300. By Messrs. McGee, Cheatham and Brennan of Chatham:
A bill to be entitled an act to amend an act to incorporate the Presby terian Church of the City of Savannah; and for other purposes.
SB 29. By Senator Greer of the 6th:
A bill to be entitled an act to repeal in its entirety Code Sec. 24-3104 of the Code of Ga., as amended, relating to compensation of court reporters, to enact in lieu a new Code Sec. 24-3104, providing method, procedure and source of compensation; and for other purposes.
SB 32. By Senator Sanders of the 18th:
A bill to be entitled an act to amend the act providing for actions against non-residents operating motor vehicles in this State, so as to clarify the existing law; and for other purposes.
SB 40. By Senator Brown of the 52nd:
A bill to be entitled an act to amend an act establishing a new Charter for the city of Atlanta approved February 28, 1874 and the several Acts amendatory thereof; and for other purposes.
The House has adopted the Conference Committee Reports to the following bills of the House, to-wit:
HB 3. By Messrs. Smith of Emanuel, Twitty of Mitchell and others:
A bill to create and establish a Joint Committee on the Operations of the General Assembly, to define its powers and duties; and for other purposes.
HB 5. By Messrs. Smith of Emanuel, Twitty of Mitchell, and others:
A bill to provide for support of independent school systems which municipal corporations are authorized by the Constitution to maintain, to authorize ad valorem taxation; and for other purposes.
The following bills were introduced, read the first time and referred to committees:
SB 86. By Senator Sanders of the 18th: A bill to amend the Act known as the Uniform Act Regulating Traffic
FRIDAY, PEBURARY 6, 1959
231
on Highways, (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), so as to re define "street or highway"; and for other purposes.
Referred to the Committee on Highways.
SB 87. By Senators Sanders of the 18th and Jordan of the 25th:
A bill to create a Crime Investigating Commission to investigate the extent of crime and organized crime existing in Georgia; and for other purposes.
Referred to the Committee on Rules.
SB 88. By Senator Perry of the 24th:
A bill to amend the Act known as the Non-Profit Medical Service Act, (Ga. Laws 1950, p. 266), so as to provide that medical services shall include services of a podiatrist; and for other purposes.
Referred to the Committee on Rules.
HB 132. By Mr. Jones of Union:
A bill to create the office of Commissioner of Roads and Revenues of Union County; to provide for bond of such Commissioner; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 149. By Messrs. Brooks, McClelland and Smith of Fulton:
A bill to amend an act creating a new charter for the City of Atlanta, creating the position of Judge Emeritus; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 242. By Mr. Huddleston of Fayette:
A bill to create and incorporate Peachtree City, in the County of Fayette; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 243. By Mr. Huddleston of Fayette:
A bill to create a Board of Commissioners of Roads and Revenues for Fayette County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 244. By Mr. Kirkland of Atkinson:
A bill to provide that the Ordinary of Atkinson County shall have a supplemental salary in addition to fees and other compensations to which he is now entitled; and for other purposes.
Referred to Committee on County and Municipal Governments.
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JOURNAL OP THE SENATE,
HB 245. By Mr. Jones of Crawford:
A bill to amend an act providing for the payment of certain fees to the Tax Receiver in certain counties; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 251. By Messrs. Bowen of Randolph, Hurst of Quitman and others:
A bill to amend an act fixing the compensation of the Solicitor-General of the Pataula Judicial Circuit; and for other purposes.
Referred to Committee on Judiciary.
HB 252. By Messrs. Milhollin and Williams of Coffee:
A bill to amend an act creating a new charter for the City of Douglas, to change the city limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 253. By Mr. Wells of Oconee:
A bill to amend an act reincorporating the Town of Watkinsville; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 254. By Mr. Wells of Oconee:
A bill to amend an act incorporating the Town of Bogart; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 262. By Mr. Pelham of Schley:
A bill to amend an act creating the Board of Commissioners of Roads and Revenues in the counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene, to provide for publication of expenditures and dis bursements by the Board of Commissioners of Roads and Revenues of Schley County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 264. By Messrs. Smith of Emanuel, Bagby of Paulding and others:
A bill to amend an act to authorize the establishment of Merit System of Personnel Administration, to except employees holding positions in confidential nature; and for other purposes.
Referred to Committee on Government Operations.
HB 265. By Mr. Steis of Harris:
A bill to amend an act relating to the compensation of Board of Com missioners of Roads and Revenues of Harris County; and for other purposes.
Referred to Committee on County and Municipal Governments.
FRIDAY, PEBURARY 6, 1959
233
HB 266. By Messrs. Bolton and Melton of Spalding: A bill to amend the charter of the City of Griffin, to enlarge the City Limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 267. By Messrs. Bolton and Melton of Spalding: A bill to amend the charter of the City of Griffin, to provide for a fund known as "The Water, Light and Sewerage Department Emergen cy Reserve Fund" of the City of Griffin; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 268. By Messrs. Melton and Bolton of Spalding: A bill to amend the charter of the City of Griffin, to establish a fund known as "The Cemetery Trust Fund" of the City of Griffin; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 269. By Messrs. Bolton and Melton of Spalding: A bill to amend the charter of the City of Griffin, to enlarge the powers of the Board of Commissioners of said city; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 270. By Mr. Callier of Talbot: A bill to amend an act creating the office of Tax Commissioner of Talbot County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 272. By Messrs. Cox of Clarke, Gowen of Glynn and others:
A bill to revise the judiciary practices of this state; to enable un incorporated organizations to sue and be sued in the courts of this state; and for other purposes.
Referred to Committee on Industry and Labor.
HB 276. By Messrs. Undercofler and Jones of Sumter:
A bill to amend an act establishing a new charter for the City of Americus; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 277. By Messrs. Undercofler and Jones of Sumter:
A bill to amend an act establishing a new charter for the City of Americus, by amending the Americus Retirement System; and for other purposes.
Referred to Committee on County and Municipal Governments.
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JOURNAL OF THE SENATE,
HB 278. By Mr. Rogers of Heard:
A bill to repeal an act creating a Board of Commissioners of Heard County; to provide for competitive sealed bids; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 279. By Messrs. Hall, Lowrey and Scoggin of Floyd:
A bill to provide for compensation of members of County Board of Education of Floyd County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 280. By Mr. Kelly of Jasper:
A bill to repeal an act incorporating the City of Monticello; to grant a new charter to said city; to prescribe the corporate limits and powers; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 288. By Mr. Stuckey of Dodge:
A bill to change from the fee system to salary system in County of Dodge, the Sheriff and Clerk of Superior Court; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 289. By Mr. Stuckey of Dodge:
A bill to require all primary elections for nomination of candidates for offices in Dodge County to be held on second Wednesday in May in year such officers are elected in November; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 290. By Mr. Stuckey of Dodge:
A bill to amend an act placing the Solicitor General of Oconee Circuit on salary basis so as to change compensation of Solicitor General; and for other purposes.
Referred to Committee on Judiciary.
HB 291. By Mr. Stuckey of Dodge:
A bill to abolish the City Court of Eastman; to transfer all records of such court to Superior Court of Dodge County; and for other pur poses.
Referred to Committee on County and Municipal Governments.
HB 292. By Mr. Stuckey of Dodge:
A bill to provide for four terms of the Superior Court of Dodge County; and for other purposes.
Referred to Committee on Judiciary.
FRIDAY, FEBURARY 6, 1959
235
HB 293. By Mr. Stuckey of Dodge:
A bill to amend an act creating office of Commissioner of Roads and Revenues for Dodge County, so as to increase the salary of the Com missioner; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 300. By Messrs. McGee, Cheatham and Brennan of Chatham:
A bill to amend an act to incorporate the Presbyterian Church of the City of Savannah; and for other purposes.
Referred to Committee on Judiciary.
The following bills were read the second time:
SB 78. By Senators Perry of the 24th, Culpepper of the 7th, Vaughn of the 34th, Marshall of the 28th and Slade of the 14th:
A bill to provide for the inspection of public records; to provide ex ceptions thereto; and for other purposes.
SB 79. By Senator Smith of the 4th:
A bill to amend the Act known as the Uniform Act Regulating Traffic on Highways (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), so as to increase the speed limit; and for other purposes.
SB 80. By Senator Smith of the 4th:
A bill to amend Section 39-1103 of the Code of Georgia relating to the official organ of a county so as to provide how a journal or news paper shall be declared the official organ of a county; and for other purposes.
SB 81. By Senators Skelton of the 30th, Crowe of the 10th and Greer of the 6th:
A bill to repeal the Act (Ga. Laws 1958, p. 686), relating to nominations of persons to be elected by Grand Juries; and for other purposes.
SB 82. By Senators Sanders of the 18th, Greer of the 6th, Jordan of the 25th and Culpepper of the 7th:
A bill to amend the Act creating the Department of Commerce (Ga. Laws 1949, p. 249) so as to abolish the Board of Commissioners of the Department of Commerce; and for other purposes.
SB 83. By Senators Sanders of the 18th and Jordan of the 25th:
A bill to amend the act establishing an employees' retirement system (Ga. L. 1949, Reg. Sess. p. 138) so as to stipulate conditions of mem bership; and for other purposes.
SB 84. By Senator Vaughn of the 34th:
A bill to amend Section 67-1403 of the Code of Georgia relating to the
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recording of conditional bills of sale; so as to provide priority for con ditional bills of sale; to provide for filing of records of said bills of sale; and for other purposes.
SB 85. By Senators Sanders of the 18th, Watson of the 36th and Holt of the 54th:
A bill to amend the Act providing for retirement benefits for ordinaries of Georgia; (Ga. Laws 1958, p. 185), so as to clarify portions of said Act; and for other purposes.
HB 19. By Messrs. Brooks of Fulton, Rowland of Johnson and others:
A bill to regulate and provide for supervision of the business of private employment agencies; and for other purposes.
HB 64. By Messrs. Brennan, Cheatham and McGee of Chatham:
A bill to provide that in counties having a population of more than 150,000, it shall be unlawful to catch crabs for commercial purposes within 100 yards of property line of a resident; and for other purposes.
HB 145. By Messrs. Brooks, Smith and McClelland of Fulton:
A bill to amend an act establishing a new charter for the City of East Point, relating to Land Lot 219 in said city; and for other purposes.
HB 161. By Mr. Smith of Grady:
A bill to amend an act creating small claims courts in each county having a population of not less than 18,923 nor more than 18,996, to change costs; and for other purposes.
HB 202. By Mr. Bagby of Paulding:
A bill to supplement the compensation of the sheriff in counties having a population not less than 11,710 nor more than 11,895, as allowance for gasoline; and for other purposes.
HB 218. By Messrs. Newton and Matthews of Colquitt:
A bill to amend the charter of the City of Norman Park, to increase the tax rate for general purposes; and for other purposes.
HB 219. By Messrs. Fuqua, Edwards and Fleming of Richmond:
A bill to change, in counties of 100,000 to 110,000 inhabitants from fee system the sheriff, ordinary, tax collector, tax receiver and treas urer; and for other purposes.
HB 220. By Messrs. Fuqua, Edwards and Fleming of Richmond:
A bill to amend an act providing for the appointment of clerk and purchasing agent for Board of Commissioners of Roads and Revenues in counties of not less than 108,000 nor more than 113,000; and for other purposes.
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237
HB 222. By Messrs. Matthews and Cox of Clarke:
A bill to amend an act to grant a new charter for the City of Winterville, etc; and for other purposes.
HB 223. By Mr. McCracken of Jefferson:
A bill to amend an act relating to the charter of Wadley, in Jefferson County; and for other purposes.
HB 230. By Mr. Rogers of Charlton:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Charlton; and for other purposes,
HR 80. By Messrs. Cheatham, McGee and Brennan of Chatham:
A resolution ratifying an easement granted by the Military Division, Department of the Defense of the State of Georgia to the mayor and aldermen of the City of Savannah, a municipal corporation; and for other purposes.
HR 29. By Messrs. Jones and Undercofler of Sumter:
A resolution to name the Americus-Vienna Bridge as the "Luther Storey Bridge"; and for other purposes.
The following resolution was read and adopted:
SR 32. By Senators Kiker of the 41st, Cannon of the 40th and Redwine of the 26th:
A resolution requesting the Federal Housing Administration and Vet erans Administration to adopt certain requirements relative to lumber; and for other purposes.
Senator Clary of the 29th District, Chairman of the Committee on Defense and Veterans Affairs, submitted the following report:
Mr. President:
Your Committee on Defense and Veterans Affairs has had under considera tion the following resolution of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HR 80. Do Pass.
HB 20. Do Pass.
Respectfully submitted,
Clary of 29th, District,
Chairman.
Senator Greer of the 6th District, Chairman of the Committee on Govern ment Operation, submitted the following report:
Mr. President:
Your Committee on Government Operations has had under consideration
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the following bill of the Senate, and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
SB 82. Do Pass. Respectfully submitted, Greer of 6th District, Chairman.
The following local, uncontested bills, favorably reported by the committees, were read the third time and put upon their passage:
HB 188. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of College Park; to prescribe its limits so as to take in a strip of land in Clayton County; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
Amend HB 188 by adding thereto section 4a which shall read as follows:
"Be It Enacted by the authority aforesaid that the first sentence of section 2 of the Act amending the charter of the City of College Park, approved August 2, 1916 (Georgia Laws 1916, page 644) and the last sentence of section 5 of the Act amending the charter of the City of College Park, approved August 17, 1929 (Georgia Laws 1929, page 967) as amended by section I of the act amending the charter of the City of College Park, approved January 30, 1946 (Georgia Laws 1946, page 454) which reads: 'Section 2. Be it further enacted, that the recorder for said re corder's court shall be elected by the mayor and council of the City of College Park, who shall determine his qualifications, term of office, and compensation, except that said compensation shall not exceed the sum of nine hundred ($900.00) dollars per annum.' be stricken therefrom and that there be substituted in lieu thereof the following: 'Section 2. Be it further enacted, that the recorder for said recorder's court shall be elected by the mayor and council of the City of College Park, who shall determine his qualifications, term of office, and compensation.'"
On the adoption of the amendment, the ayes were 29, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
FRIDAY, PEBURARY 6, 1959
239
HB 191. By Mr. Smith of Emanuel:
A bill to amend an act incorporating the City of Swainsboro, so as to change the corporate limits of the city; and for other purposes.
Senator Edenfield of the 16th offered the following amendment:
Amend HB 191 by inserting a new section to be appropriately numbered to read as follows:
"This Act shall become effective on January 1, 1960."
On the adoption of the amendment, the ayes were 29, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 73. By Mr. Shuman of Bryan:
A bill to amend an act to create and establish the office of County Treasurer of Bryan County; to fix the salary of the treasurer; and for other purposes.
The report of the committee, which is favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 95. By Mr. Phillips of Columbia:
A bill to incorporate the City of Grovetown in the County of Columbia; and for other purposes.
The report of the committee, which is favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 97. By Mr. Murphy of Haralson:
A bill to amend Code section 92-4101, relating to amount of taxes which a municipal corporation may levy for ordinary expenses, as amended, to provide that sections 92-4101 through 92-4104 shall not apply to any municipality whose charter contains contrary provisions; to repeal conflicting laws; and for other purposes.
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JOURNAL OF THE SENATE,
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 99. By Messrs. Cheatham, McGee and Brennan of Chatham:
A bill to amend an act revising and consolidating the several acts re lating to and incorporating the town of Warsaw in Chatham County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 103. By Mr. Ross of Lincoln:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Lincoln County; to increase the compensation of the chairman; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having receeived the requisite constitutional majority, was passed.
HB 104. By Mr. Arnsdorff of Effingham:
A bill to amend an act creating and incorporating the City of Spring field, to change the hours of voting in said city; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 114. By Mr. Love of Catoosa:
A bill to amend an act to create the office of Tax Commissioner of Catoosa County, to provide for additional compensation for clerk hired for said commissioner; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
FRIDAY, FEBURARY 6, 1959
241
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 124. By Mr. Trotter of Troup:
A bill to amend an act to create a new charter for the City of LaGrange, to increase the corporate limits of said city; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 133. By Messrs. Campbell and Coker of Walker:
A bill to amend an act creating the office of Commissioner of Roads and Revenues for the County of Walker, so as to prohibit the sale of mobile equipment belonging to Walker County by the commissioner after the nomination of a> successor; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 135. By Mr. Coker of Walker:
A bill to amend an act to change the provisions relating to overriding of veto by the City Council of the City of LaFayette; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 142. By Mr. Carr of Dooly:
A bill creating the charter for the City of Vienna, so as to fix the minimum age of persons entitled to vote in elections within the City of Vienna; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
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JOURNAL OF THE SENATE,
The bill, having received the requisite constitutional majority, was passed.
HB 156. By Messrs. Busbee and Odom of Dougherty:
A bill to amend an act providing for merger of the school systems of the City of Albany and Dougherty County, to provide eligibility of members of the Dougherty County Board of Education; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 157. By Messrs. Busbee and Odom of Dougherty:
A bill to provide that violation of building codes adopted by Dougherty County, pursuant to Constitution Amendment of 1956, shall be a mis demeanor; and1 for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 158. By Messrs. Busbee and Odom of Dougherty:
A bill to amend an act to create a Board of Commissioners of Roads and Revenues of Dougherty County; to provide number of commissiners thereof; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 159. By Messrs. Busbee and Odom of Dougherty: A bill authorizing Dougherty County to provide for construction and paving streets, sidewalks or curbing in urban areas of Dougherty County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
FRIDAY, FEBURARY 6, 1959
243
HB 160. By Messrs. Busbee and Odom of Dougherty:
A bill to increase the number of members of the Board of Commission ers of Roads and Revenues of Dougherty County from three to five members; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 163. By Mr. Ellis of Henry:
A bill to amend an act relating to additional duties of clerks of Superior Courts in counties of not less than 15,200 nor more than 15,900; and for other purposes.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 167. By Messrs. Blalock and Lee of Clayton:
A bill providing that in certain counties, upon recommendation of two consecutive grand juries, the governing authorities shall regulate county police on civil service plan; and for oth'er purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 170. By Messrs. Smith and Winkle of Whitfield:
A bill to amend an act consolidating, amending and codifying the various acts incorporating the City of Dalton; to provide for a tax to pay the principal and interest of said bonds; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 171. By Messrs. Smith and Winkle of Whitfield: A bill to amend an act consolidating, amending and codifying the various acts incorporating the City of Dublin, so as to provide for the closing of White Street; and for other purposes.
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JOURNAL OF THE SENATE,
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 172. By Messrs. Smith and Winkle of Whitfield:
A bill to amend an act consolidating, amending and codifying the various acts incorporating the City of Dalton, so as to change certain provisions relating to the Civil Service Commission of Dalton; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 173. By Messrs. Hall, Lowery and Scoggin of Floyd:
A bill to amend an act creating a new charter and municipal govern ment for the City of Rome, by enlarging the present city boundaries and corporate limits by the annexation of certain described property adjacent to the present city limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 174. By Messrs. Hall, Lowery and Scoggin of Floyd:
A bill to amend an act creating a new charter for the City of Rome, relating to the authority of the City of Rome to make temporary loans; to provide for the appointment of a secretary, deputy secretary and assistants of the Rome City Commission; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 175. By Mr. Moate of Hancock:
A bill creating the charter for the City of Sparta; to extend the city limits; and for other purposes.
FRIDAY, FEBURARY 6, 1959
245
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 176. By Messrs. Bostick and Branch of Tift, Young of Turner, Jones of Worth and Hudson of Irwin: A bill to amend an act abolishing the fee system in the Superior Courts of the Tifton Judicial Circuit, so as to fix the salary of the Solicitor of said circuit; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 194. By Mr. Massee of Pulaski: A bill to amend an act creating a new charter for the City of Hawkinsville; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 195. By Mr. Saffold of Toombs: A bill to create a five man board of commissioners of roads and revenues for Toombs County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 196. By Messrs. Parker and Hodges of Ware:
A bill to amend an act relating to the charter of the City of Waycross; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
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JOURNAL OF THE SENATE,
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 197. By Messrs. Caldwell and Echols of Upson:
A bill to amend an act creating a new charter for the City of Thomaston, to change and extend the present corporate limits of said city; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 199. By Messrs. Matthews and Cox of Clarke:
A bill to amend the charter of the mayor and council of the City of Athens creating a Civil Service Commission; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 200. By Messrs. Matthews and Cox of Clarke:
A bill to amend the charter of the Town of Athens, so as to authorize the mayor and council to employ its fire fighting equipment and per sonnel; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 208. By Messrs. Cheatham, McGee and Brennan of Chatham: A bill to amend the several acts relating to and incorporating the mayor and aldermen of the City of Savannah, relating to the city limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
FRIDAY, FEBURARY 6, 1959
247
HB 211. By Mr. Hale of Dade:
A bill to create the office of Commissioner of Roads and Revenues for Dade County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 212. By Mr. Hale of Dade:
A bill to abolish the office of County Treasurer of Dade County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 213. By Mr. Hale of Dade:
A bill to change the compensation of the Ordinary of Dade County from the fee system to the salary system; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Ramsey of the 1st District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bills and/or resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for trans mission to the House:
SB 28.
SB 30.
SB 50.
SB 62.
SB 66.
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JOURNAL OF THE SENATE,
SB 67. SB 68. SB 69. SB 70. SB 71. SB 72. SR 14. SR 24. SR 27.
Respectfully submitted, Ramsey of the 1st District, Chairman.
HB 214. By Mr. Hale of Dade:
A bill to provide for the appointment of a County Depository for Dade County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Sanders of the 18th moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until 11:00 o'clock Monday morning.
MONDAY, FEBRUARY 9, 1959
249
Senate Chamber, Atlanta, Georgia. Monday, February 9, 1959.
The Senate met pursuant to adjournment at 11:00 o'clock this morning and was called to order by the president.
Scripture reading and prayer was offered by Rev. J. W. Nichols, pastor, First Methodist Church, Greensboro, Georgia.
By unanimous consent the call of the roll was dispensed with.
Senator Clary of the 29th reported that the journal of Friday's proceedings had been read and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Sanders of the 18th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.
The consent was granted.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President: The House has passed by the requisite constitutional majority the following bills and resolutions of the House to wit:
HB 302. By Mr. Summers of Crisp: A bill to be entitled an act to amend an act creating and establishing new charter for City of Cordele so as to increase the city limits; and for other purposes.
HB 308. By Messrs. Payton and Blalock of Coweta: A bill to be entitled an act to amend an act to create a new charter of the City of Newnan; and for other purposes.
HB 309. By Messrs. McCown and Coalson of Polk: A bill to be entitled an act to abolish the present mode of compensation in offices of Clerks of Superior Court and City Court, and Sheriff of Polk County; and for other purposes.
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JOURNAL OF THE SENATE,
HB 310. By Mr. Love of Catoosa:
A bill to be entitled an act to change the compensation of the Ordinary and Clerk Superior Court of Catoosa County from fee system to salary system; and for other purposes.
HB 311. By Mr. Miller of Elbert:
A bill to be entitled an act to amend an act incorporating City of Elberton, so as to provide certain procedures relating to the sale of City property; and for other purposes.
HB 318. By Messrs. Killian and Gowen of Glynn:
A bill to be entitled an act to amend the charter of the City of Bruns wick; to confer additional powers upon city commission to close portions of certain streets; and for other purposes.
HB 320. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to be entitled an act to amend an act pertaining to the governing authority of DeKalb County; and for other purposes.
HB 322. By Messrs. McClelland, Brooks and M. Smith of Fulton, and Mackay of DeKalb: A bill to be entitled an act to amend an act creating the Joint CityCounty Board of Tax Assessors in all counties having a population of 300,000 or more; and for other purposes.
HR 143. By Mr. Blalock of Clayton: A resolution designating 1959 as "Oil Centennial Year in Georgia"; and for other purposes.
The following resolutions were read and adopted:
SR 33. By Senator Redwine of the 26th: A resolution authorizing the Secretary of State to employ caretakers for Confederate cemeteries; and for other purposes.
HR 143. By Mr. Blalock of Clayton: A resolution designating 1959 as "Oil Centennial Year in Georgia"; and for other purposes.
The following bills were introduced, read the first time and referred to committees:
SB 89. By Senator Sanders of the 18th: A bill to provide for protection of a bona fide innocent purchaser of
MONDAY, FEBRUARY 9, 1959
251
property acquired from an incompetent; to provide exceptions; and for other purposes.
Referred to the Committee on Judiciary.
SB 90. By Senator Roach of the 39th:
A bill to amend Section 26-1302 of the Code of Georgia relating to the punishment for rape so as to provide for life imprisonment on convic tion of said offense; and for other purposes.
Referred to the Committee on Judiciary.
SB 91. By Senator Skelton of the 30th:
A bill to amend Section 49-204 of the Code of Georgia relating to the notice of application for an order to sell the estate of a ward so as to clarify the provision by declaring valid sales made by guardians where only a citation was published; and for other purposes.
Referred to the Committee on Judiciary.
SB 92. By Senator Brown of the 52nd:
A bill to amend the Voter's Registration Act of 1958 (Ga. Laws 1958, p. 269), by repealing Section 4 thereof and inserting a new section to provide for places of registration of voters; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 93. By Senator Kennedy of the 47th:
A bill to amend the act creating a Board of Commissioners of Roads and Revenues for Turner County so as to provide for two additional members of the Board of County Commissioners; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 94. By Senator Ramsey of the 1st:
A bill to repeal Chapter 84-4 of the Code of Georgia in its entirety and create a new separate board to be designated as the State Board of Barber Examiners; and for other purposes.
Referred to the Committee on Health and Welfare.
SB 95. By Senator Ramsey of the 1st:
A bill to repeal Chapter 84-4 of the Code of Georgia in its entirety and create a new separate board to be designated as the State Board of Hairdressers and Cosmetologists Examiners; and for other purposes.
Referred to the Committee on Health and Welfare.
SB 96. By Senator Slade of the 14th:
A bill to amend the act creating a charter for the City of Hawkinsville so as to authorize the sale of certain land; and for other purposes.
Referred to the Committee on County and Municipal Governments.
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JOURNAL OP THE SENATE,
SB 97. By Senator Skelton of the 30th:
A bill to amend the act creating the office of Tax Commissioner of Hart County so as to authorize Tax Commissioner to appoint an assistant; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 98. By Senator Skelton of the 30th:
A bill to create the office of Commissioner of Roads and Bridges for Hart County; to create a Board of Finance for Hart County; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 99. By Senator Holton of the 46th:
A bill to amend the act creating the office of Commissioner of Roads and Revenues in the County of Coffee so as to provide for a seven member Board of Commissioners of Roads and Revenues of Coffee County; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 302. By Mr. Summers of Crisp:
A bill to amend an act creating and establishing new charter for City of Cordele so as to increase the city limits; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 308. By Messrs. Payton and Blalock of Coweta:
A bill to amend an act to create a new charter of the City of Newnan; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 309. By Messrs. McCown and Coalson of Polk:
A bill to abolish the present mode of compensation in offices of clerks of superior court and city court and sheriff of Polk County; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 310. By Mr. Love of Catoosa:
A bill to change the compensation of the Ordinary and Clerk Superior Court of Catoosa County from fee system to salary system; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 311. By Mr. Miller of Elbert:
A bill to amend an act incorporating the City of Elberton, so as to pro vide certain procedures relating to the sale of City property; and for other purposes.
Referred to the Committee on County and Municipal Governments.
MONDAY, FEBRUARY 9, 1959
253
HB 318. By Messrs. Killian and Gowen of Glynn:
A bill to amend the charter of the City of Brunswick; to confer addi tional powers upon city commission to close portions of certain streets; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 320. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend an act pertaining to the governing authority of DeKalb County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 322. By Messrs. McClelland, Brooks and M. Smith of Fulton and Mackay of DeKalb:
A bill to amend an act creating the Joint City-County Board of Tax Assessors in all counties having a population of 300,000 or more; and for other purposes.
Referred to Committee on County and Municipal Governments.
The following bills were read the second time:
SB 86. By Senator Sanders of the 18th:
A bill to amend the act known as the Uniform Act Regulating Traffic on Highways (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), so as to re define "street or highway"; and for other purposes.
SB 87. By Senators Sanders of the 18th and Jordan of the 25th:
A bill to create a Crime Investigating Commission to investigate the extent of crime and organized crime existing in Georgia; and for other purposes.
SB 88. By Senator Perry of the 24th:
A bill to amend the Act known as the Non-Profit Medical Service Act (Ga. Laws 1950, p. 266), so as to provide that medical services shall include services of a podiatrist; and for other purposes.
HB 132. By Mr. Jones of Union:
A bill to create the office of Commissioner of Roads and Revenues of Union County; to provide for bond of such Commissioner; and for other purposes.
HB 149. By Messrs. Brooks, McClelland and Smith of Fulton:
A bill to amend an act creating a new charter for the City of Atlanta, creating the position of Judge Emeritus; and for other purposes.
HB 242. By Mr. Huddleston of Fayette:
A bill to create and incorporate Peachtree City, in the County of Fay ette; and for other purposes.
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HB 243. By Mr. Huddleston of Fayette:
A bill to create a Board of Commissioners of Roads and Revenues for Fayette County; and for other purposes.
HB 244. By Mr. Kirkland of Atkinson:
A bill to provide that the Ordinary of Atkinson County shall have a supplemental salary in addition to fees and other compensations to which he is now entitled; and for other purposes.
HB 245. By Mr. Jones of Crawford:
A bill to amend an act providing for the payment of certain fees to the Tax Receiver in certain counties; and for other purposes.
HB 251. By Messrs. Bowen of Randolph, Hurst of Quitman and others:
A bill to amend an act fixing the compensation of the Solicitor-General of the Pataula Judicial Circuit; and for other purposes.
HB 252. By Messrs. Milhollin and Williams of Coffee:
A bill to amend an act creating a new charter for the City of Douglas, to change the city limits; and for other purposes.
HB 253. By Mr. Wells of Oconee:
A bill to amend an act reincorporating the Town of Watkinsville; and for other purposes.
HB 254. By Mr. Wells of Oconee:
A bill to amend an act incorporating the Town of Bogart; and for other purposes.
HB 262. By Mr. Pelham of Schley:
A bill to amend an act creating the Board of Commissioners of Roads and Revenues in the counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene, to provide for publication of expenditures and dis bursements by the Board of Commissioners of Roads and Revenues of Schley County; and for other purposes.
HB 264. By Messrs. Smith of Emanuel, Bagby of Paulding and others:
A bill to amend an act to authorize the establishment of Merit System of Personnel Administration, to except employees holding positions in confidential nature; and for other purposes.
HB 265. By Mr. Steis of Harris:
A bill to amend an act relating to the compensation of Board of Com missioners of Roads and Revenues of Harris County; and for other purposes.
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255
HB 266. By Messrs. Bolton and Melton of Spalding:
A bill to amend the charter of the City of Griffin, to enlarge the City Limits; and for other purposes.
HB 267. By Messrs. Bolton and Melton of Spalding:
A bill to amend the charter of the City of Griffin, to provide for a fund known as "The Water, Light and Sewerage Department Emer gency Reserve Fund" of the City of Griffin; and for other purposes.
HB 268. By Messrs. Melton and Bolton of Spalding:
A bill to amend the charter of the City of Griffin, to establish a fund known as "The Cemetery Trust Fund" of the City of Griffin; and for other purposes.
HB 269. By Messrs. Bolton and Melton of Spalding:
A bill to amend the charter of the City of Griffin, to enlarge the powers of the Board of Commissioners of said city; and for other purposes.
HB 270. By Mr. Callier of Talbot:
A bill to amend an act creating the office of Tax Commissioner of Talbot County; and for other purposes.
HB 272. By Messrs. Cox of Clarke, Gowen of Glynn and others:
A bill to revise the judiciary practices of this state; to enable unin corporated organizations to sue and be sued in the courts of this state; and for other purposes.
HB 276. By Messrs. Undercofler and Jones of Sumter:
A bill to amend an act establishing a new charter for the City of Americus; and for other purposes.
HB 277. By Messrs. Undercofler and Jones of Sumter:
A bill to amend an act establishing a new charter for the City of Americus, by amending the Americus Retirement System; and for other purposes.
HB 278. By Mr. Rogers of Heard:
A bill to repeal an act creating a Board of Commissioners of Heard County; to provide for competitive sealed bids; and for other purposes.
HB 279. By Messrs. Hall, Lowrey and Scoggin of Floyd:
A bill to provide for compensation of members of County Board of Education of Floyd County; and for other purposes.
HB 280. By. Mr. Kelly of Jasper:
A bill to repeal an act incorporating the City of Monticello; to grant a charter to said city; to prescribe the corporate limits and powers; and for other purposes.
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HB 288. By Mr. Stucky of Dodge:
A bill to change from the fee system to salary system in County of Dodge, the Sheriff and Clerk of Superior Court; and for other purposes.
HB 289. By Mr. Stuckey of Dodge:
A bill to require all primary elections for nomination of candidates for offices in Dodge County to be held on second Wednesday in May in year such officers are elected in November; and for other purposes.
HB 290. By Mr. Stuckey of Dodge:
A bill to amend an act placing the Solicitor General of Oconee Circuit on salary basis so as to change compensation of Solicitor General; and for other purposes.
HB 291. By Mr. Stuckey of Dodge:
A bill to abolish the City Court of Eastman; to transfer all records of such court to Superior Court of Dodge County; and for other purposes.
HB 292. By Mr. Stuckey of Dodge:
A bill to provide for four terms of the Superior Court of Dodge County; and for other purposes.
HB 293. By Mr. Stuckey of Dodge:
A bill to amend an act creating office of Commissioner of Roads and Revenues for Dodge County, so as to increase the salary of the Com missioner; and for other purposes.
HB 300. By Messrs. McGee, Cheatham and Brennan of Chatham:
A bill to amend an act to incorporate the Presbyterian Church of the City of Savannah; and for other purposes.
Senator Brown of the 52nd District, Chairman of the Committee on County and Municipal Governments, submitted the following report:
Mr. President:
Your Committee on County and Municipal Governments has had under con sideration the following bills of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recom mendations:
SB 61. do pass.
HB 134. do pass.
HB 280. do pass.
Respectfully submitted,
Brown of 52nd district,
Chairman.
MONDAY, FEBRUARY 9, 1959
257
Senator Vaughn of the 34th District, Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following bills and resolution of the Senate and House, and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 22. Do pass. SB 58. Do pass.
SB 83. Do pass.
HR. 68. Do pass.
Respectfully submitted,
Vaughn of 34th District,
Secretary.
Senator Clary of the 29th District, Chairman of the Committee on Defense and Veterans Affairs, submitted the following report:
Mr. President:
Your Committee on Defense and Veterans Affairs has had under considera tion the following bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
HB 18. Do pass.
Respectfully submitted,
Clary of the 29th District,
Chairman.
Senator Greer of the 6th District, Secretary of the Committee on Govern ment Operations, submitted the following report:
Mr. President:
Your Committee on Government Operations has had under consideration the following bill of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
SB 82. Do pass.
Respectfully submitted,
Greer of the 6th District,
Secretary.
The following local uncontested bills, favorably reported by the committees, were read the third time and put upon their passage:
SB 61. By Senator Clary of the 29th:
A bill to provide that no school in any county having a population of not less than 11,270 and not more than 11,700 shall be consolidated
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into one school except after the approval by a majority of the voters voting; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 134. By Mr. Coker of Walker:
A bill to amend an act creating the City Court of Walker County; so as to change the compensation of the Judge of said court; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following general bills, favorably reported by the committees, were read the third time and put upon their passage:
SB 60. By Senator Roper of the 19th:
A bill to repeal sections 53-204, 53-205 and 53-206 of the Code of Georgia relating to posting notice of application for a marriage license; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 82. By Senators Sanders of the 18th, Greer of the 6th, Jordan of the 25th and Culpepper of the 7th:
A bill to amend the act creating the Department of Commerce (Ga. Laws 1949, p. 249), so as to abolish the Board of Commissioners of the Department of Commerce; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
MONDAY, FEBRUARY 9, 1959
259
HB 20. By Messrs. Ingle of Gordon, McKenna of Bibb and Floyd of Chattooga: A bill to repeal in its entirety an act relating to military leave for persons attached to the reserve components of the armed forces of the United States or the State of Georgia; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 80. By Messrs. Cheatham, McGee and Brennan of Chatham: A resolution ratifying an easement granted by the Military Division, Department of the Defense of the State of Georgia to the Mayor and Aldermen of the City of Savannah, a municipal corporation; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 41, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
SB 41. By Senator Greer of the 6th:
A bill to declare as contraband and subject to confiscation and con demnation all vehicles of every kind used in transporting any drugs declared illegal by the Dangerous Drug Act of this State; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 98. By Messrs. Murphy of Haralson, Tamplin of Morgan, Hall, Scoggin and Lowrey of Floyd:
A bill to amend an act relating to free tuition to the common schools, to provide that children who will be six years of age before the last day of December shall enter school at beginning of school year which begins same calendar year of sixth birthday; and for other purposes.
The Committee on Educational Matters offered the following amendment: Amend HB 98 by deleting in line seven (7) of Section 32-937 the following sentence:
"Provided that upon proof of school authorities that said child is
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not normally developed, considering its age, The County Board of Edu cation may delay the entrance of said child into the Public School System."
In the caption by deleting the words "the last day of December" and inserting in lieu thereof the words "the fifteenth day of November", and in the fourth line of Section 32-937, delete the words "the last day of December" and insert in lieu thereof the words "the fifteenth day of November".
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, the ayes were 37, nays 6.
The bill, having receeived the requisite constitutional majority, was passed as amended.
Senator Ramsey of the 1st District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bills and/or resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the House:
SR 32.
Respectfully submitted,
Ramsey of the 1st District,
Chairman.
The president appointed as a committee to escort His Excellency, the Governor, United States Senators Richard B. Russell and Herman Talmadge to the Hall of the House of Representatives for the joint session Wednesday, February llth, as provided for in HR 86:
Senators Crowe of the 10th, Shaw of the 3rd and Lanier of the 20th.
Senator Sanders of the 18th moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.
TUESDAY, FEBRUARY 10, 1959
261
Senate Chamber, Atlanta, Georgia, Tuesday, February 10, 1959.
The Senate met pursuant to adjournment at 10:00 o'clock this morning and was called to order by the president.
Scripture reading and prayer was offered by the chaplain.
By unanimous consent the call of the roll was dispensed with.
Senator Clary of the 29th reported that the journal of yesterday's proceed ings had been read and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Sanders of the 18th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.
The consent was granted.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House to wit:
HB 21. By Messrs. Lanier of Candler, Parker of Appling, and others:
A bill to be entitled an act to amend an act providing for the regulation of sale of livestock at auction; to change bonding requirements; and for other purposes.
HB 47. By Mr. Holcombe of Cobb:
A bill to be entitled an act to provide that it shall be unlawful for any person to operate motor vehicle upon public roads of this State so as to race or otherwise engage in contest of speed; and for other purposes.
HB 153. By Messrs. Brooks, McClelland and Smith of Fulton: A bill to be entitled an act to amend an act establishing a new charter
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for the City of Atlanta, relating to Land Lot 101 of the 14th District (East Point) of Fulton County; and for other purposes.
HB 154. By Messrs. Brooks, McClelland and Smith of Fulton:
A bill to be entitled an act to amend an act establishing a new charter for the City of East Point, relating to Land Lot 101 (East Point); and for other purposes.
HB 177. By Mr. Jones of Crawford:
A bill to be entitled an act to create the office of Tax Commissioner of Crawford County; and for other purposes.
HB 178. By Mr. Jones of Crawford:
A bill to be entitled an act to repeal an act to provide that the tax receiver shall be paid from ad valorem school tax collected for the board of education a commission of two and one-half percent of the net amount collected in counties having a population of not less than 5,975 and not more than 6,500; and for other purposes.
HB 217. By Mr. Hall of Floyd:
A bill to be entitled an act to amend an act relating to membership on County Boards of Education, to provide for election of members of said Board by grand jury; and for other purposes.
HB 240. By Mr. Hall of Floyd:
A bill to be entitled an act to amend an act relating to compensation of members of county boards of education, so as to authorize General Assembly to provide by local legislation for such compensation; and for other purposes.
HB 249. By Messrs. Fuqua of Richmond, McCracken of Jefferson and Phillips of Columbia:
A bill to be entitled an act to amend an act relating to bank taxation so as to provide for proper market value of shares of the bank, where the bank owns capital stock of a holding corporation which owns the bank premises; and for other purposes.
HB 250. By Messrs. Fuqua of Richmond, McCracken of Jefferson and Phillips of Columbia:
A bill to be entitled an act to authorize state banks to invest in all the capital stock of a holding corporation owning premises in which the bank carries on its business; and for other purposes.
HB 283. By Messrs. Reed, Willingham and Holcombe of Cobb:
A bill to be entitled an act to amend an act relating to abolition of fee system in Cobb County and fixing salaries of Sheriff, Ordinary, Clerk of Superior Court; to provide for Chief Deputy Clerk, etc.; and for other purposes.
TUESDAY, FEBRUARY 10, 1959
263
HB 284. By Messrs. Willingham, Holcombe and Reed of Cobb:
A bill to be entitled an act to amend an act incorporating the City of Powder Springs so as to increase the corporate limits; and for other purposes.
HB 285. By Messrs. Willingham, Reed and Holcombe of Cobb:
A bill to be entitled an act to amend an act establishing a new charter for the Town of Acworth; and for other purposes.
HB 286. By Messrs. Willingham, Reed and Holcombe of Cobb:
A bill to be entitled an act to amend an act creating a new charter for the City of Kennesaw; and for other purposes.
HB 298. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A bill to be entitled an act to amend an act known as the "Stone Mountain Memorial Assn. Act" by providing for acquisition of area necessary for purposes of Act; and for other purposes.
HB 323. By Mr. Willingham of Cobb:
A bill to be entitled an act to amend an act entitled "Housing Authority Law", so as to authorize dormitory housing construction at any member Institution of University of Georgia; and for other purposes.
HB 324. By Messrs. Wilkes of Cook, Lott of Berrien, Newton and Matthews of Colquitt:
A bill to be entitled an act to amend an act creating a Department of Natural Resources and four subdivisions thereof, so as to clarify authority of municipal government; and for other purposes.
HB 325. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A bill to be entitled an act to amend act #2 of the 1959 Session of the General Assembly, relating to creation of "Governor's Commission on Constitutional Government" to provide for funds for operation of Commission; and for other purposes.
HB 364. By Messrs. Ray of Warren, Smith of Emanuel, Twitty of Mitchell and others:
A bill to be entitled an act to create a Georgia Industrial Development Administration; to provide appointment and qualifications for members of the administration; and for other purposes.
HR 78. By Mr. Pickett of Pickens:
A resolution authorizing conveyance of certain property in Pickens County; and for other purposes.
HR 100. By Mr. Wilkes of Cook:
A resolution authorizing conveyance of property situated in Cook County, Georgia; and for other purposes.
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JOURNAL OF THE SENATE,
HR 116. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A resolution to ratify, approve and confirm the executive order of the Governor dated February 2, 1959, suspending collection of tax penalties occasioned to urban transit systems; and for other purposes.
HR 117. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A resolution authorizing the Governor on behalf of State of Georgia to convey to U.S. of America an easement for right-of-way in the 6th District of White County, being part of Unicoi State Park; and for other purposes.
The following resolutions were read and adopted:
SR 34. By Senator Sanders of the 18th:
A resolution commending National Defense Week and Reserve Officers Association of the United States; and for other purposes.
SR 36. By Senator Jordan of the 25th:
A resolution calling a joint session of the House and Senate at 12 o'clock noon, February 10, 1959 for the purpose of honoring a faithful State employee; and for other purposes.
The following bills and resolutions were introduced, read the first time and referred to committees:
SB 100. By Senator Redwine of the 26th:
A bill to amend Section 68-502 of the Code of Georgia relating to the definition of terms used in the law relating to Motor Contract Carriers so as to clarify a provision relating to exempt vehicles; and for other purposes.
Referred to the Committee on Public Utilities and Transportation.
SB 101. By Senator Redwine of the 26th:
A bill to amend Section 68-602 of the Code of Georgia relating to the Motor Common Carrier Act, (Ga. Laws 1958, p. 688), so as to exempt certain vehicles; and for other purposes.
Referred to the Committee on Public Utilities and Transportation.
SB 102. By Senators Vaughn of the 34th, Culpepper of the 7th and Jordan of the 25th:
A bill to amend the act creating the position of Judge Emeritus of the Court of Appeals of Georgia, so as to repeal that portion of said act which provides that Judges of said Court who are defeated in an election shall not be eligible to be appointed Judge Emeritus; and for other purposes.
Referred to the Committee on Judiciary.
TUESDAY, FEBRUARY 10, 1959
265
SB 103. By Senator Livingston of the 38th:
A bill to provide that no insurer shall distinguish between licensed members of the healing professions upon making payments on health, sickness, or accident policies directly to members of said professions; and for other purposes.
Referred to the Committee on Judiciary.
SB 104. By Senator Livingston of the 38th:
A bill to prohibit the distribution of printed matter on behalf of any candidate in counties having a population of not less than 30,500 nor more than 31,000; and for other purposes.
Referred to the Committee on County and Municipal Governments:
SB 105. By Senator Marshburn of the 33rd:
A bill to amend the act incorporating the Town of Homer so as to increase the corporate limits of said town; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 106. By Senator Brown of the 52nd:
A bill to amend the act providing for the retirement of Judges and Solicitor General of Fulton County Civil and Criminal Court (Ga. Laws 1946, p. 299), so as to allow credit under said act for prior service with the City of Atlanta or other county; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SR 35. By Senator Livingston of the 38th:
A resolution proposing an amendment to the Constitution of the State of Georgia so as to authorize the City of Cedartown in Polk County to levy a tax for the purpose of creating a fund to be used in en couraging the location of new industries in the City of Cedartown.
Referred to the Committee on Rules.
SB 107. By Senators Jordan of the 25th and Sanders of the 18th:
A bill to amend the act known as the Mineral Leasing Commission Act, (Ga. Laws 1945, p. 352), so as to strike the limitation on quantity of lands leased; and for other purposes.
Referred to the Committee on Government Operations.
SR 37. By Senators Jordan of the 25th and Sanders of the 18th:
A resolution authorizing the Secretary of State as a Surveyor General of Georgia to contract for the survey and topographing of the Georgia Atlantic Coast line; and for other purposes.
Referred to the Committee on Government Operations.
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JOURNAL OF THE SENATE,
HB 21. By Messrs. Lanier of Candler, Parker of Appling and others:
A bill to amend an act providing for the regulation of sale of livestock at auction; to change bonding requirements; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 47. By Mr. Holcombe of Cobb:
A bill to provide that it shall be unlawful for any person to operate motor vehicle upon public roads of this State so as to race or otherwise engage in contest of speed; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
HB 153. By Messrs. Brooks, McClelland and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta, relating to Land Lot 101 of the 14th District (East Point) of Fulton County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 154. By Messrs. Brooks, McClelland and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of East Point, relating to Land Lot 101 (East Point); and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 177. By Mr. Jones of Crawford:
A bill to create the office of Tax Commissioner of Crawford County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 178. By Mr. Jones of Crawford:
A bill to repeal an act to provide that the tax receiver shall be paid from ad valorem school tax collected for the Board of Education a commission of two and one-half percent of the net amount collected in counties having a population of not less than 5,975 and not more than 6,500; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 217. By Mr. Hall of Floyd:
A bill to amend an act relating to membership on County Board of Education, to provide for election of members of said Board by grand jury; and for other purposes.
Referred to Committee on Educational Matters.
HB 240. By Mr. Hall of Floyd:
A bill to amend an act relating to compensation of members of county boards of education, so as to authorize General Assembly to provide
TUESDAY, FEBRUARY 10, 1959
267
by local legislation for such compensation; and for other purposes. Referred to Committee on Educational Matters.
HB 249. By Messrs. Fuqua of Richmond, McCracken of Jefferson and Phillips of Columbia:
A bill to amend an act relating to bank taxation so as to provide for proper market value of shares of the bank, where the bank owns capital stock of a holding corporation which owns the bank premises; and for other purposes.
Referred to Committee on Banking and Finance.
HB 250. By Messrs. Fuqua of Richmond, McCracken of Jefferson and Phillips of Columbia:
A bill to authorize state banks to invest in all the capital stock of a holding corporation owning premises in which the bank carries on its business; and for other purposes.
Referred to Committee on Banking and Finance.
HB 283. By Messrs. Reed, Willingham and Holcombe of Cobb:
A bill to amend an act relating to abolition of fee system in Cobb County and fixing salaries of Sheriff, Ordinary, Clerk of Superior Court; to provide for Chief Deputy Clerk, etc.; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 284. By Messrs. Willingham, Holcombe and Reed of Cobb:
A bill to amend an act incorporating the City of Powder Springs so as to increase its corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 285. By Messrs. Willingham, Reed and Holcombe of Cobb: A bill to amend an act establishing a new charter for the Town of Acworth; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 286. By Messrs. Willingham, Reed and Holcombe of Cobb: A bill to amend an act creating a new charter for the City of Kennesaw; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 298. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A bill to amend an act known as the "Stone Mountain Memorial Asso ciation Act" by providing for acquisition of area necessary for purposes of act; and for other purposes.
Referred to Committee on Government Operations.
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JOURNAL OF THE SENATE,
HB 323. By Mr. Willingham of Cobb:
A bill to amend an act entitled "Housing Authority Law", so as to authorize dormitory housing construction at any member Institution of University of Georgia; and for other purposes.
Referred to Committee on Educational Matters.
HB 324. By Messrs. Wilkes of Cook, Lott of Berrien, Newton and Matthews of Colquitt:
A bill to amend an act creating a Department of Natural Resources and four subdivisions thereof, so as to clarify authority of municipal government; and for other purposes.
Referred to Committee on Agriculture anod Natural Resources.
HB 325. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A bill to amend act 2 of the 1959 session of the General Assembly relating to creation of "Governor's Commission on Constitutional Gov ernment" to provide for funds for operation of commission; and for other purposes.
Referred to Committee on Rules.
HB 364. By Messrs. Ray of Warren, Smith of Emanuel, Twitty of Mitchell and others:
A bill to create a Georgia Industrial Development Administration; to provide appointment and qualifications for members of the administra tion; and for other purposes.
Referred to Committee on Industry and Labor.
HR 78. By Mr. Pickett of Pickens:
A resolution authorizing conveyance of certain property in Pickens County; and for other purposes.
Referred ao Committee on Rules.
HR 100. By Mr. Wilkes of Cook: A resolution authorizing conveyance of property situated in Cook County, Georgia; and for other purposes.
Referred ao Committee on Rules.
HR 116. By Messrs. Smith of Emanuel and Twitty of Mitchell: A resolution to ratify, approve and confirm the executive order of the Governor dated February 2, 1959, suspending collection of tax penalties occasioned to urban transit systems; and for other purposes.
Referred to Committee on Banking and Finance.
HR 117. By Messrs. Smith of Emanuel and Twitty of Mitchell: A resolution authorizing the Governor on behalf of the State of Georgia
TUESDAY, FEBRUARY 10, 1959
269
to convey to the United States of America an easement for right-ofway in the 6th District of White County, being part of Unicoi State Park; and for other purposes.
Referred to Committee on Rules.
The following bills were read the second time:
SB 89. By Senator Sanders of the 18th:
A bill to provide for protection of a bona fide innocent purchaser of property acquired from an incompetent; to provide exceptions; and for other purposes.
SB 90. By Senator Roach of the 39th:
A bill to amend Section 26-1302 of the Code of Georgia relating to the punishment for rape so as to provide for life imprisonment on con viction of said offense; and for other purposes.
SB 91. By Senator Skelton of the 30th:
A bill to amend Section 49-204 of the Code of Georgia relating to the notice of application for an order to sell the estate of a ward so as to clarify the provision by declaring valid sales made by guardians where only a citation was published; and for other purposes.
SB 92. By Senator Brown of the 52nd:
A bill to amend the Voter's Registration Act of 1958 (Ga. Laws 1958, p. 269), by repealing Section 4 thereof and inserting a new section to provide for places of registration of voters; and for other purposes.
SB 93. By Senator Kennedy of the 47th:
A bill to amend the Act creating a Board of Commissioners of Roads and Revenues for Turner County so as to provide for two additional members of the Board of County Commissioners; and for other purposes.
SB 94. By Senator Ramsey of the 1st:
A bill to repeal Chapter 84-4 of the Code of Georgia in its entirety and create a new separate board to be designated as the State Board of Barber Examiners; and for other purposes.
SB 95. By Senator Ramsey of the 1st:
A bill to repeal Chapter 84-4 of the Code of Georgia in its entirety and create a new separate board to be designated as the State Board of Hairdressers and Cosmetologists Examiners; and for other purposes.
SB 96. By Senator Slade of the 14th:
A bill to amend the act creating a charter for the City of Hawkinsville so as to authorize the sale of certain land; and for other purposes.
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SB 97. By Senator Skelton of the 30th:
A bill to amend the act creating the office of Tax Commissioner of Hart County so as to authorize the Tax Commissioner to appoint an assistant; and for other purposes.
SB 98. By Senator Skelton of the 30th:
A bill to create the office of Commissioner of Roads and Bridges for Hart County; to create a Board of Finance for Hart County; and for other purposes.
SB 99. By Senator Holton of the 46th:
A bill to amend the act creating the office of Commissioner of Roads and Revenues in the County of Coffee so as to provide for a seven member Board of Commissioners of Roads and Revenues of Coffee County; and for other purposes.
HB 302. By Mr. Summers of Crisp:
A bill to amend an act creating and establishing new charter for City of Cordele so as to increase the city limits; and for other purposes.
HB 308. By Messrs. Payton and Blalock of Coweta:
A bill to amend an act to create a new charter of the City of Newnan; and for other purposes.
HB 309. By Messrs. McCown and Coalson of Polk:
A bill to abolish the present mode of compensation in offices of clerks of superior court and city court and sheriff of Polk County; and for other purposes.
HB 310. By Mr. Love of Catoosa:
A bill to change the compensation of the Ordinary and Clerk Superior Court of Catoosa County from fee system to salary system; and for other purposes.
HB 311. By Mr. Miller of Elbert:
A bill to amend an act incorporating the City of Elberton, so as to provide certain procedures relating to the sale of City property; and for other purposes.
HB 318. By Messrs. Killian and Gowen of Glynn:
A bill to amend the charter of the City of Brunswick; to confer addi tional powers upon city commission to close portions of certain streets; and for other purposes.
HB 320. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend an act pertaining to the governing authority of DeKalb County; and for other purposes.
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271
HB 322. By Messrs. McClelland, Brooks and M. Smith of Pulton and Mackay of DeKalb:
A bill to amend an act creating the Joint City-County Board of Tax Assessors in all counties having a population of 300,000 or more; and for more purposes.
Senator Jordan of the 25th District, Chairman of the Committee on Judi ciary, submitted the following report: Mr. President:
Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 300. Do Pass. SB 85. Do Pass, by Substitute. HB 189. Do Pass, as Amended. HB 68. Do Pass. HB 119. Do Pass. HB 290. Do Pass. HB 292. Do Pass. HB 120. Do Pass. SB 81. Do Pass. HB 121. Do Pass. HB 251. Do Pass. HB 161. Do Pass.
Respectfully submitted, Jordan of 25th District, Chairman.
Senator Brown of the 52nd District, Chairman of the Committee on County and Municipal Governments, submitted the following report:
Mr. President: Your Committee on County and Municipal Governments has had under
consideration the following bills of the House and Senate and has instructed me as Chairman, to report the same back to the Senate with the following recom mendations :
HB 278. Do Pass.
HB 218. Do Pass.
HB 85. Do Pass, by Substitute.
HB 86. Do Pass, by Substitute.
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JOURNAL OP THE SENATE,
HB 87. Do Pass, by Substitute. HB 245. Do Pass. HB 202. Do Pass. HB 289. Do Pass. HB 253. Do Pass. HB 64. Do Pass. HB 252. Do Pass. HB 223. Do Pass. HB 244. Do Pass. HB 219. Do Pass. HB 220. Do Pass. HB 293. Do Pass. HB 291. Do Pass. HB 288. Do Pass. HB 222. Do Pass. HB 280. Do Pass. HB 187. Do Pass. HB 152. Do Pass. HB 147. Do Pass. HB 144. Do Pass. HB 143. Do Pass. HB 151. Do Pass. HB 146. Do Pass. HB 155. Do Pass. SB 76. Do Pass. SB 77. Do Pass. HB 150. Do Pass, by Substitute. HB 72. Do Pass, by Substitute. HB 74. Do Pass, by Substitute. HB 276. Do Pass. HB 277. Do Pass.
Respectfully submitted, Brown of 52nd District, Chairman.
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273
Senator Lindsey of the llth District, Secretary of the Committee on Agri culture and Natural Resources, submitted the following report:
Mr. President:
Your Committee on Agriculture and Natural Resources has had under con sideration the following resolution of the Senate and has instructed me as Secretary, to report the same back to the Senate with the following recom mendation:
SR 26. Do Pass.
Respectfully submitted,
Lindsey of llth District,
Secretary.
Senator Holton of the 46th District, Chairman of the Committee on High ways, submitted the following report:
Mr. President: Your Committee on Highways has had under consideration the following
bills of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 57. Do Pass. SB 52. Do Pass.
SB 64. Do Pass. SB 86. Do Pass.
Respectfully submitted, Holton of 46th District,
Chairman.
Senator Greer of the 6th District, Secretary of the Committee on Govern ment Operations, submitted the following report:
Mr. President:
Your Committee on Government Operations has had under consideration the following bill of the Senate and has instructed me as Secretary, to report the same back to the Senate with the following recommendation:
SB 73. Do Pass. Respectfully submitted,
Greer of 6th District,
Secretary.
The following local uncontested bills, favorably reported by the committees, were read the third time and put upon their passage:
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JOURNAL OF THE SENATE,
SB 76. By Senator Greer of the 6th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Lanier, approved March 7, 1933, (Ga. L. 1933, p. 602), as amended, so as to authorize the Board of Commissioners to exercise the power of eminent domain for public purposes and to authorize the exercise of the power of eminent domain for the purpose of condemning land to build a lake and a dam; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed,
SB 77. By Senator Holton of the 46th:
A bill to amend an act creating the office of Commissioner of Roads and Revenues in the County of Coffee, approved March 26, 1937 (Ga. Laws 1937, p. 1294), as amended, so as to provide for recall election for the Board of Commissioners of Roads and Revenues of Coffee County; to repeal all conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 150. By Messrs. Brooks, McClelland and Smith of Fulton:
A bill to amend an act to provide that in cities having a population of more than 150,000, pensions shall be furnished to all employees and officers who have served 25 years; to provide for credit for service in the armed forces; and for other purposes.
The Committee on County and Municipal Governments offered the following substitute:
An act to amend an act entitled an act to provide that cities having a population of more than 150,000 by the United States census of 1920 or any subsequent census shall furnish pensions to all officers and employees of said cities who have served 25 years; and for other purposes set forth in the act approved August 20, 1927 (Ga. L. 1927 p. 265) and the several acts amendatory thereof so as to provide for credit for service in the Armed Forces of the United States in the Korean conflict; and particularly to amend Section 2 of an act approved March 9, 1956 (Ga. L. 1956 p. 3376); and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA and it is hereby enacted by authority of the same as follows:
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275
Section 1. That Section 2 of an Act approved March 9, 1956 (Ga. L. 1956 p. 3376) amending the Act set forth in the caption to this Act be further amended by striking from the fourth line of said Section the words:
"and actually served in Korea"
so that said Section, as amended, shall read as follows:
"Any officer or employee who was inducted into service in in the Armed Forces of the United States under the Department of Defense, or service in the Coast Guard of the United States, either during the Korean conflict, or subsequent thereto, or shall have served in the Navy in connection with such service, shall be given full credit for the time served in such service as though he were actually employed during that time by the city and shall not be required to make any contribution to the pension fund for such period of service provided such employee meets the conditions set forth in Section 1 of the amendment to this Act, approved February 16, 1953 (Ga. L., Jan.-Feb. Sess., 1953, pp. 2267 et seq.), except he shall not be required to make contributions, as provided in Sub section (f) thereof."
Section 2. All laws and parts of laws in conflict herewith are hereby repealed.
On the adoption of the substitute, the ayes were 40, nays 0, and the sub stitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 72. By Mr. Shuman of Bryan:
A bill to change the compensation of the Sheriff, Deputy Sheriff of 20th GMD, the Deputy Sheriff of 19th GMD, Clerk of Superior Court of Bryan County from fee to salary system; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
By striking from Section 3, the word and figures "April 1, 1959" and inserting in lieu thereof the word and figures "January 1, 1961".
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
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JOURNAL OF THE SENATE,
The bill, having received the requisite constitutional majority, was passed as amended.
HB 74. By Mr. Shuman of Bryan:
A bill to amend an act creating and establishing the City Court of Pembroke; to compensate the Solicitor General; to provide for disposing of fees; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
By striking from Section 2, the word and figures "April 1, 1959" and inserting in lieu thereof the word and figures "January 1, 1961".
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 40, ayes 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 85. By Mr. Miller of Elbert:
A bill to amend an act creating the office of County Tax Commissioner of Elbert County, to change the compensation of Tax Commissioner; and for other purposes.
The Committee on County and Municipal Governments offered the following substitute:
A BILL
To be entitled an Act to amend an Act creating the office of County Tax Commissioner of Elbert County, approved August 7, 1925 (Ga. Laws 1925, p. 640), as amended by an Act approved July 27, 1929 (Ga. Laws 1929, p. 602), and an act approved March 10, 1937 (Ga. Laws 1937, p. 1323), so as to change the compensation of the Tax Commis sioner from a fee basis to a salary basis; to fix the salary of the Tax Commissioner; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An act creating the office of County Tax Commissioner of Elbert County, approved August 7, 1925 (Ga. Laws 1925, p. 640), as amended by an act approved July 27, 1929 (Ga. Laws 1929, p. 602), and an act approved March 10, 1937 (Ga. Laws 1937, p. 1323), is hereby amended by striking Section 5 in its entirety and in lieu thereof inserting the following:
"Section 5. The compensation of the County Tax Commis sioner of Elbert County, Georgia shall be $7,000.00 per annum,
TUESDAY, FEBRUARY 10, 1959
277
payable monthly out of the funds of Elbert County. The compen sation hereinabove provided shall be in lieu of any and all fees, costs, commissions, and perquisites allowed by law for the receiving or collecting of county taxes. All expenses of operating the office of County Tax Commissioner, including personnel, shall be borne and paid for out of the funds of Elbert County except expenses incurred in travel to various districts to receive tax returns. Said office expenses shall be determined by the Grand Jury in session when the salary basis becomes effective based upon recommenda tions of the Tax Commissioner and the Commissioner of Roads and Revenues. The Tax Commissioner shall be responsible for the employment of the necessary personnel to operate such office."
Section 2. Not less than ten nor more than fifteen days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Ordinary of Elbert County to issue the call for an election for the purpose of submitting this act to the voters of Elbert County for approval or rejection. The Ordinary shall set the date for such election Wednesday, April 8, 1959. The Ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Elbert County. The ballot shall have written or printed thereon the words:
"For approval of the act compensating the Tax Commissioner of Elbert County on a salary basis in lieu of a fee basis."
"Against approval of the act compensating the Tax Commis sioner of Elbert County on a salary basis in lieu of a fee basis."
All persons desiring to vote in favor of the act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of the votes cast on such question are for approval of the Act, it shall become of full force and effect as of January 1, 1961. If a majority of the votes cast on such question are against approval of the act, it shall be void and of no force and effect. The expense of such election shall be borne by Elbert County. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise pro vided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State.
Section 3. All laws and parts of laws in conflict with this act are hereby repealed.
On the adoption of the substitute, the ayes were 50, nays 0, and the sub stitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
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JOURNAL OF THE SENATE,
HB 86. By Mr. Miller of Elbert:
A bill to place the Clerk of the Superior Court and Ordinary of Elbert County on a salary basis in lieu of a fee basis; and for other purposes.
The Committee on County and Municipal Governments offered the following
substitute:
A BILL
To be entitled an act to place the Clerk of the Superior Court and the Ordinary of Elbert County on a salary basis in lieu of a fee basis; to provide for the collection of fees, costs, commissions and other pur poses of such officers for the use and benefit of Elbert County; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The Clerk of the Superior Court of Elbert County shall be compensated in the amount of Six Thousand ($6,000.00) Dollars per annum, payable monthly from the funds of Elbert County. All expenses of operating the office of the Clerk of the Superior Court of Elbert County, including personnel, shall be borne and paid for out of the funds of Elbert County. Said office expenses shall be determined by the Grand Jury in session when the salary basis becomes effective based upon recommendations of the Clerk of the Superior Court and the Commissioner of Roads and Revenues. The Clerk of the Court shall be responsible for the employment of the necessary personnel to operate such office.
Section 2. The Ordinary of Elbert County shall be compensated in the amount of Forty-five Hundred ($4,500.00) Dollars per annum, payable monthly from the funds of Elbert County. All expenses of operating the office of County Ordinary, including personnel, shall be borne and paid for out of the funds of Elbert County. Said office expenses shall be determined by the Grand Jury in session when the salary basis becomes effective based upon recommendations of the Ordinary and the Commissioner of Roads and Revenues. The Ordinary shall be responsible for the employment of the necessary personnel to operate such office.
Section 3. The compensation provided hereinabove shall be the said officers' sole compensation and in full payment of all services rendered by said officers in performing the duties of their respective offices, including the services performed by such officers as ex officio officers of said county.
Section 4. All fees, costs, commissions, forfeitures, penalties, al lowances, moneys and other emolument and perquisites of any kind which are now, or may be hereafter, allowed by law to be received or collected as compensation for services of any of said officers, except said salaries, shall be collected by each and all of said officers for the sole use of Elbert County and shall be paid by said officers to Elbert County and said County is hereby subrogated to all rights, claims and liens of said officers respectfully therefor.
Section 5. Not less than ten nor more than fifteen days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Ordinary of Elbert County to
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279
issue the call for an election for the purpose of submitting this Act to the voters of Elbert County for approval or rejection. The Ordinary shall set the date for such election Wednesday, April 8, 1959. The Ordinary shall cause the date and purpose of the election to he pub lished once a week for two weeks immediately preceding the date there of, in the official organ of Elbert County. The ballot shall have written or printed thereon the words:
"For approval of the act to place the Clerk of the Superior Court and the Ordinary of Elbert County on a salary basis in lieu of a fee basis."
"Against approval of the act to place the Clerk of the Superior Court and the Ordinary of Elbert County on a salary basis in lieu of a fee basis."
All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the act shall vote against approval. If a majority of votes cast on such ques tion are for approval of the act, it shall become of full force and effect as of January 1, 1961. If a majority of the votes cast on such question are against approval of the Act, it shall be void and of no force and effect. The expense of such election shall be borne by Elbert County. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regula tions as govern general elections, except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State.
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 87. By Mr. Miller of Elbert:
A bill to amend an act to provide a Board of Commissioners for the County of Elbert, to provide an Advisory Board of Commissioners; and for other purposes.
The Committee on County and Municipal Governments offered the following substitute.
A BILL
To be entitled an act to amend an act entitled "An Act to Provide a Board of Commissioners for the County of Elbert", approved Febru ary 27, 1875 (Ga. Laws 1875, p. 253), as amended, particularly by an Act approved August 11, 1913 (Ga. Laws 1913, p. 385), and an act approved February 1, 1951 (Ga. Laws 1951, p. 2199), so as to provide
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JOURNAL OF THE SENATE,
for Commissioner Districts; to provide that, after the term of the present incumbent, the Commissioner of Roads and Revenues of Elbert County shall be composed of five members; to provide for a Chairman of the Commissioners, his term of office, his compensation and duties; to provide for the filling vacancies; to provide for a bond of the Chairman and Clerk and to fix the amount and payment of the premium thereof; to provide for the submission of this act for ratification or rejection; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. An act entitled "An Act to Provide a Board of Com missioners for the County of Elbert", approved February 27, 1875 (Ga. Laws 1875, p. 253), as amended, particularly by an act approved August 11, 1913 (Ga. Laws 1913, p. 385) and an act approved February 1, 1951 (Ga. Laws 1951, p. 2199), is hereby amended by adding a new section to be numbered "Section 1 A", to read:
"Section 1 A. For the purpose of electing future members of the Board of Commissioners of Roads and Revenues of Elbert County, there is hereby created five Commissioner Districts in Elbert County, to wit: (all directions are general directions from the City of Elberton). Commissioner District No. 1 shall be com posed of that area outside the corporate limits of the City of Elber ton between State Highway 72 (Southwest) and State Highway 17 (Southeast). Commissioner District No. 2 shall be composed of that area outside the corporate limits of the City of Elberton between State Highway 17 (Southeast) and State Highway 72 (East). Commissioner District No. 3 shall be composed of that area outside the corporate limits of the City of Elberton between State Highway 72 (East) and State Highway 17 (North). Com missioner District No. 4 shall be composed of that area outside the corporate limits of the City of Elberton between State High way 17 (North) and State Highway 72 (Southwest). Commis sioner District No. 5 shall be composed of that area within the corporate limits of the City of Elberton, The districts herein pro vided shall be bounded by the highways hereinabove enumerated as they exist on the effective date of this Act."
Section 2. Said act, as amended, is further amended by adding a new section to be numbered "1 B", to read:
"Section 1 B. Any other provision of this Act to the contrary notwithstanding, at the expiration of the term of the incumbent Commissioner, the Board of Commissioners of Roads and Revenues for the County of Elbert shall be composed of five members. One Commissioner shall be a resident of each of the Commissioner Districts hereinabove created. The compensation and the duties of the Chairman shall be determined by the Board before the Chairman is elected. The Commissioners shall elect from their number a Chairman, and he shall perform such duties and shall be compensated in an amount as shall be determined by the Board. The Chairman shall serve at the pleasure of the Board. Any vacan cies shall be filled by the remaining members of the Board for the unexpired term. The remaining members of the Board shall be compensated in the amount of $30.00 per month, payable from the funds of Elbert County. The five man Board of Commissioners
TUESDAY, FEBRUARY 10, 1959
281
of Roads and Revenues for the County of Elbert provided herein shall be elected at the same time and manner as is now provided for the election of the Commissioner of Roads and Revenues of Elbert County."
Section 3. Said act as amended is further amended by striking Section 6 in its entirety and in lieu thereof inserting the following:
"Section 6. The Commissioners shall appoint a Clerk to per form such duties as may be required of him by the Commissioners. The Clerk shall serve at the pleasure of the Commissioners. The Commissioners shall set the duties and compensation of the Clerk. The Clerk and the Chairman shall give bond in an amount to be determined by the Commissioners. Such bond shall be payable to the Ordinary of Elbert County, conditioned upon the faithful per formance of the duties of the Clerk and Chairman. The Clerk shall be bonded in the minimum amount of Twenty-five Hundred ($2,500.00) Dollars. The premium of any such bond shall be payable from the funds of Elbert County."
Section 4. Not less than ten nor more than fifteen days after the date of the approval of this Act by the Governor, or after it other wise becomes law, it shall be the duty of the Ordinary of Elbert County to issue the call for an election for the purpose of submitting this Act to the voters of Elbert County for approval or rejection. The Ordinary shall set the date for such election Wednesday, April 8, 1959. The Ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Elbert County. The ballot shall have written or printed thereon the words:
"For approval of the Act changing the number of Commis sioners of Roads and Revenues from one to five."
"Against approval of the act changing the number of Commis sioners of Roads and Revenues from one to five."
All persons desiring to vote in favor of the act shall vote for approval, and those persons desiring to vote for rejection of the act shall vote against approval. If a majority of the votes cast on such question are for approval of the act, it shall become of full force and effect as of January 1, 1961. If a majority of the votes cast on such question are against approval of the act, it shall be void and of no force and effect. The expense of such election shall be borne by Elbert County. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise pro vided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, the ayes were 50, nays 0, and the sub stitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
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JOURNAL OP THE SENATE,
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 64. By Messrs. Brennan, Cheatham and McGee of Chatham:
A bill to provide that in counties having a population of more than 150,000, it shall be unlawful to catch crabs for commercial purposes within 100 yards of property line of a residence; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 143. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend the Fulton County Pension Act which prohibits a Fulton County pensioner from accepting employment in any department of the national, state, municipal or other county government; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 144. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta, to change corporate limits of said city (East Point); and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 146. By Messrs. Smith, McClelland and Brooks of Fulton:
A bill to amend an act to provide that cities having a population of more than 150,000 shall furnish pensions to all officers and employees of such cities who have served 25 years; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
TUESDAY, FEBRUARY 10, 1959
283
On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 147. By Messrs. Smith, Brooks and McClelland of Pulton:
A bill to amend an act to provide that cities having a population of more than 150,000 shall furnish pensions to all officers and employees of such cities who have served twenty-five years; to provide for pay ment of pensions to widows of officers and employees who have retired on a pension, etc.; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 151. By Messrs. Brooks, McClelland and Smith of Fulton:
A bill to amend an act providing for pensions for members of police departments in cities having a population of 150,000; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 152. By Messrs. Brooks, McClelland and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of East Point, relating to Land Lots 190, 191 and 194 of 14th District of Fulton County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 155. By Messrs. Brooks, McClelland and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of East Point; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
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JOURNAL OP THE SENATE,
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 161. By Mr. Smith of Grady:
A bill to amend an act creating small claims courts in each county having a population of not less than 18,923 nor more than 18,996, to change costs; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 187. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of College Park; to prescribe its limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 202. By Mr. Bagby of Paulding:
A bill to supplement the compensation of the sheriff in counties having a population not less than 11,710 nor more than 11,895, as allowance for gasoline; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 218. By Messrs. Newton and Matthews of Colquitt:
A bill to amend the charter of the City of Norman Park, to increase the tax rate for general purposes; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
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285
The bill, having received the requisite constitutional majority, was passed.
HB 219. By Messrs. Fuqua, Edwards and Fleming of Richmond: A bill to change, in counties of 100,000 or 110,000 inhabitants, from fee system the Sheriff, Ordinary, tax collector, tax receiver, and treasurer; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 220. By Messrs. Fuqua, Edwards and Fleming of Richmond: A bill to amend an act providing for the appointment of clerk and purchasing agent for Board of Commissioners of Roads and Revenues in counties of not less than 108,000 nor more than 113,000; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 222. By Messrs. Matthews and Cox of Clarke: A bill to amend an act to grant a new charter for the City of Winterville, etc.; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the pessage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 223. By Mr. McCracken of Jefferson: A bill to amend an act relating to the charter of Wadley, in Jefferson County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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HB 244. By Mr. Kirkland of Atkinson:
A bill to provide that the Ordinary of Atkinson County shall have a supplemental salary in addition to fees and other compensations to which he is now entitled; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 245. By Mr. Jones of Crawford:
A bill to amend an act providing for the payment of certain fees to the Tax Receiver in certain counties; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, Was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 251. By Messrs. Bowen of Randolph, Hurst of Quitman and others:
A bill to amend an act fixing the compensation of the SolicitorGeneral of the Pataula Judicial Circuit; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 252. By Messrs. Milhollin and Williams of Coffee:
A bill to amend an act creating a new charter for the City of Douglas, to change the city limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 253. By Mr. Wells of Oconee:
A bill to amend an act reincorporating the Town of Watkinsville; and for other purposes.
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287
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 276. By Messrs. Undercofler and Jones of Sumter: A bill to amend an act establishing a new charter for the City of Americus; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 277. By Messrs. Undercofler and Jones of Sumter: A bill to amend an act establishing a new charter for the City of Americus, by amending the Americus Retirement System; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 280. By Mr. Kelly of Jasper: A bill to repeal an act incorporating the City of Monticello; to grant a new charter to said city; to prescribe the corporate limits and powers; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 288. By Mr. Stuckey of Dodge:
A bill to change from the fee system to salary system in County of Dodge, the Sheriff and Clerk of Superior Court; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
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On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 289. By Mr. Stuckey of Dodge: A bill to require all primary elections for nomination of candidates for offices in Dodge County to be held on second Wednesday in May in year such officers are elected in November; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 290. By Mr. Stuckey of Dodge: A bill to amend an act placing the Solicitor General of Oconee Circuit on salary basis so as to change compensation of Solicitor General; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 291. By Mr. Stuckey of Dodge: A bill to abolish the City Court of Eastman; to transfer all records of such court to Superior Court of Dodge County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 292. By Mr. Stuckey of Dodge:
A bill to provide for four terms of the Superior Court of Dodge County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
TUESDAY, FEBRUARY 10, 1959
289
The bill, having received the requisite constitutional majority, was passed.
HB 293. By Mr. Stuckey of Dodge: A bill to amend an act creating office of Commissioner of Roads and Revenues for Dodge County, so as to increase the salary of the Commissioner; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 300. By Messrs. McGee, Cheatham and Brennan of Chatham: A bill to amend an act to incorporate The Presbyterian Church of the City of Savannah; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 68. By Mr. Orr of Wilkes: A resolution authorizing the State Librarian to furnish certain law books to Clerk of Superior Court of Wilkes County; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 44, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following general bills, favorably reported by the committees, were read the third time and put upon their passage:
SB 52. By Senator Sanders of the 18th:
A bill to amend an act known as the Uniform Act Regulating Traffic on Highways, (Ga. Laws 1953, Nov.-Dec. Sess. p. 556) so as to define reckless driving; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
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JOURNAL OF THE SENATE,
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 57. By Senators Sanders of the 18th, Jordan of the 25th and Culpepper of the 7th:
A bill to amend an act known as the Uniform Act Regulating Traffic on Highways, (Ga. Laws 1953, Nov.-Dec. Sess. p. 556), so as to provide the method of marking no-passing zones; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 58. By Senator Sanders of the 18th:
A bill to make it illegal to sell, possess, purchase or control any lottery tickets; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 64. By Senators Sanders of the 18th, Jordan of the 25th and Holton of the 46th:
A bill to amend an act creating the State Highway Board (Ga. Laws 1950, p. 62), so as to provide that contracts with political subdivisions shall be let at a price that is not higher than the average bid; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Culpepper of the 7th asked unanimous consent that SB 64 be immed iately transmitted to the House.
The consent was granted.
TUESDAY, FEBRUARY 10, 1959
291
SB 81. By Senators Skelton of the 30th, Crowe of the 10th and Greer of the 6th.
A bill to repeal the act, (Ga. Laws 1958, p. 686), relating to nomina tions of persons to be elected by Grand Juries; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President: The House has passed by the requisite constitutional majority the following resolution of the Senate to wit:
SR 36. By Jordan of the 25th:
A resolution calling a joint session of the House and Senate at 12 o'clock noon, February 10, 1959 for the purposes of honoring a faithful State employee.
SB 85. By Senator Sanders of the 18th:
A bill to amend an act providing for retirement benefits for Ordinaries of Georgia, approved March 21, 1958 (Ga. Laws 1958, p. 185), so as to provide that no rights shall be divested by said act; to waive any claim to said funds; to repeal conflicting laws; and for other purposes.
The Committee on Judiciary offered the following substitute:
A BILL
To be entitled an Act to amend an Act providing for retirement benefits for the Ordinaries of Georgia, approved March 21, 1958 (Ga. Laws 1958, p. 185), so as to provide that no rights shall be divested by said Act; to provide that funds received under prior Acts shall continue to be funds of the Ordinaries Retirement Fund; to waive any claim to said funds; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for retirement benefits for the Ordi
naries of Georgia, approved March 21, 1958 (Ga. Laws 1958, p. 185), is hereby amended by adding at the end of Section 18 the following:
"Provided, however, that it is the expressed intent of the Gen eral Assembly not to divest any right that may have vested in any claimant under the provisions of an Act of the Legislature approved December 22, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 362), as amended.
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"Any claim or right of the State of Georgia ^o any funds col lected by the Ordinaries' Retirement Fund of Georgia from one dollar ($1.00) on the sale of marriage licenses as provided for in an Act of the General Assembly of Georgia approved December 22, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 362), as amended, is hereby waived and relinquished in favor of the Ordinaries' Retire ment Fund of Georgia, and any expenditures heretofore made from funds so derived by the Ordinaries' Retirement Fund of Georgia are hereby approved and ratified."
so that when so amended, Section 18 shall read as follows:
"Section 18. An Act providing for retirement benefits for the Ordinaries of Georgia, approved December 22, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 362), as amended by an Act approved March 9, 1955 (Ga. Laws 1955, p. 645) and an Act approved March 17, 1956 (Ga. Laws 1956, p. 805), is hereby repealed in its entirety and each of said amendatory Acts is likewise repealed in its en tirety. Provided, however, that it is the expressed intent of the General Assembly not to divest any right that may have vested in any claimant under the provisions of an Act of the Legislature ap proved December 22, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 362), as amended.
"Any claim or right of the State of Georgia to any funds collected by the Ordinaries' Retirement Fund of Georgia from one dollar ($1.00) on the sale of marriage licenses as provided for in an Act of the General Assembly of Georgia approved December 22, 1953 (Ga. Laws 1953, Nov.-Dec., p. 362), as amended, is hereby waived and relinquished in favor of the Ordinaries' Retirement Fund of Georgia, and any expenditures heretofore made from funds so derived by the Ordinaries' Retirement Fund of Georgia are hereby approved and ratified."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, the ayes were 38, the nays 0, and the sub stitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Watson of the 36th asked unanimous consent that SB 85 be im mediately transmitted to the House.
The consent was granted.
SB 86. By Senator Sanders of the 18th: A bill to amend the act known as the Uniform Act Regulating Traffic
TUESDAY, FEBRUARY 10, 1959
293
on Highways (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), so as to redefine "street or highway"; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SR 26. By Senator Darby of the 15th:
A resolution authorizing the Governor to convey the property on which the State Farmers Market is located in the City of Vidalia to the City of Vidalia; and for other purposes.
The report of the committee, which was favorable to tthe adoption of the resoluion, was agreed to.
On the adoption of the resolution, the ayes were 38, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The president appointed as a committee to escort Honorable B. E. Thrasher, State Auditor, to the joint session, the following:
Senators Nixon of the 35th and Screws of the 9th.
The hour for convening the joint session of the Senate and House having arrived, the president, accompanied by the secretary and senators, proceeded to the hall of the House of Representatives, and the joint session, called for the purpose of commending Honorable B. E. Thrasher, was called to order by the president of the Senate, Honorable Garland T. Byrd.
A resolution commending Honorable B. E. Thrasher, Jr., was read by the secretary.
The president presented Honorable B. E. Thrasher, Jr., to the joint session with glowing words of praise and appreciation for his services as State Auditor.
Mr. Thrasher was presented a plaque and pin for thirty years service.
In his remarks Mr. Thrasher thanked the members of the General Assembly for this recognition.
Senator Jordan of the 25th moved that the joint session be now dissolved and the motion prevailed.
The president of the Senate announced the joint session dissolved.
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JOURNAL OF THE SENATE,
The Senate reconvened in the Senate chamber and resumed the regular order of business.
HB 18. By Messrs. Ingle of Gordon, McKenna of Bibb and Floyd of Chattooga:
A bill to amend an act known as the "Georgia Military Forces Reor ganization Act; to conform the organization, training and discipline to the requirements of the United States; to revise the military laws and make of force a military code; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 22. By Messrs. Brennen, McGee and Cheatham of Chatham:
A bill to prohibit the solicitation of votes by any means or methods for any person or proposition on any election day within a specified dis tance of any voting place; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 68. By Messrs. Kirkland of Atkinson, Hodges and Parker of Ware, Musgrove of Clinch, Moorman of Lanier, Parker of Appling and Bagby of Paulding:
A bill to amend an act relating to collecting, preserving and managing the estate and paying the debts, so as to provide that executors and administrators may borrow money for the purpose of paying any gift, estate, inheritance, income, sales or ad valorem taxes; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 119. By Mr. Trotter of Troup:
A bill to amend an act relating to transaction of business with the ordinary, so as to provide for exceptions to the transaction of certain business at a regular term of court; and for other purposes.
TUESDAY, FEBRUARY 10, 1959
295
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 120. By Mr. Trotter of Troup:
A bill to amend an act relating to the procedure whereby it may be determined that no administration of an estate is necessary, so as to provide for the recording of a certified copy of the proceedings and order of the ordinary in the county where property is located, if such property is located in a county other than the county where the appli cation is made; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 121. By Mr. Trotter of Troup:
A bill to amend an act relating to the binding effect of borrowing and contracts by guardians, so as to clarify a code section number listed in said section; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 189. By Mr. Willingham of Cobb:
A bill to amend an act relating to absentee ballots so as to change the number of days of notice which must be given in order to vote by mail; and for other purposes.
The Committee on Judiciary offered ihe following amendment:
Amend House Bill 189 by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. Code Section 34-3301 relating to absentee ballots as amended particularly by an Act approved February 15, 1957 (Ga. Laws 1957, p. 39), is hereby amended by striking said section in its entirety and inserting in lieu thereof a new Section 34-3301 to read as follows:
"34-3301. Any voter, when required to be absent from the city or county, ward or district in which he is registered, or who be-
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cause of physical disability will be unable to vote in person, may vote by mail; provided, that he or some member of his immediate family,--viz., husband or wife, father or mother, sister or brother, or son or daughter--shall give notice in writing of such intention to the registrars or the ordinary of his county, not less than three days or more than sixty days prior to the primary or general elec tion in which he may desire to participate. Provided, however, that if the third day prior to the primary or general election falls on Sunday, the notice must be given on or before the Saturday immediately preceding such Sunday."
On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 73. By Senator Sanders of the 18th:
A bill to amend the act known as the Georgia Ports Authority Act (Ga. Laws 1945, p. 464), so as to authorize the Governor to convey certain property to the Georgia Ports Authority; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Ramsey of the 1st District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bills and/or resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for trans mission to the House:
SB 41.
SB 60.
SB 61.
SB 64.
SB 82.
SB 85.
SR 33. SR 36.
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297
Respectfully submitted, Ramsey of the 1st District, Chairman.
Senator Vaughn of the 34th moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.
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JOURNAL OF THE SENATE,
Senate Chamber, Atlanta, Georgia, Wednesday, February 11, 1959.
The Senate met pursuant to adjournment at 10:00 o'clock this morning and was called to order by the president.
Scripture reading and prayer was offered by Rev. Henry G. Walker, pastor First Methodist Church, Sparta, Georgia.
By unanimous consent the call of the roll was dispensed with.
Senator Clary of the 29th reported that the journal of yesterday's proceed ings had been read and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Sanders of the 18th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.
The consent was granted.
The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House and Senate, to wit
HB 32. By Mr. Irvin of Habersham:
A bill to provide for execution of bond by school principals conditioned upon the accounting of all funds; and for other purposes.
HB 51. By Messrs. Busbee and Odom of Dougherty:
A bill to amend an act to provide that the provisions of this act be related particularly to substitute birth certificates for adopted children; and for other purposes.
HB 70. By Messrs. Lanier of Candler and Fowler of Douglas:
A bill to regulate registration, labeling, analysis, inspection and sale of agricultural limestone; and for other purposes.
WEDNESDAY, FEBRUARY 11, 1959
299
HB 210. By Messrs. McKenna, Wilson and Phillips of Bibb, and others:
A bill to amend an act creating a Department of Public Safety, that the operator or chauffeur accompanying holder of learner's license must be 21; and for other purposes.
HB 248. By Mr. Bowen of Randolph:
A bill to authorize administrators and executors to sell livestock and poultry at public sales establishments where such sale is in best interest of the estate; and for other purposes.
HB 301. By Mr. Trotter of Troup:
A bill to repeal a resolution creating the "All-South Centennial Com mittee of Georgia"; and for other purposes.
HB 313. By Messrs. Cox and Matthews of Clarke:
A bill relating to compensation of county treasurers in certain coun ties; and for other purposes.
HB 314. By Messrs. Hodges and Parker of Ware:
A bill to amend an act to create the office of Commissioner of Roads and Revenues of Ware; and for other purposes.
HB 337. By Mr. Wells of Peach:
A bill to amend an act creating a charter for the City of Fort Valley; and for other purposes.
HB 338. By Messrs. Story and Morgan of Gwinnett:
A bill to amend an act to create and incorporate a new municipality in Gwinnett County to be known as the City of Berkeley Lake; and for other purposes.
HB 339. By Mr. Otwell of Forsyth:
A bill to amend an act placing the Sheriff of Forsyth County on a salary system; and for other purposes.
HB 340. By Mr. Barrett of Cherokee:
A bill to change from fee to salary system in Cherokee County, the Sheriff, the Clerk of Superior Court and others; and for other purposes.
HB 341. By Messrs. Lee and Blalock of Clayton: A bill to amend an act establishing a new charter for the City of College Park; and for other purposes.
HB 342. By Messrs. Blalock and Lee of Clayton: A bill to amend an act incorporating the Town of Forest Park, so as to change the corporate limits; and for other purposes.
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JOURNAL OP THE SENATE,
HB 343. By Mr. Walker of Telfair: A bill to amend an act creating the office of the Telfair County Tax Commissioner; and for other purposes.
HB 344. By Mr. Walker of Telfair: A bill to amend an act creating the office of Commissioner of Roads and Revenues of Telfair County, and for other purposes.
HB 345. By Mr. Walker of Telfair: A bill to amend an act creating a new charter for the City of McRae; and for other purposes.
HB 346. By Messrs. Lee and Blalock of Clayton: A bill to amend an act establishing a new charter for the City of College Park; and for other purposes.
HB 347. By Mr. Walker of Telfair:
A bill to amend an act to increase the salary of the Tax Commissioner of Telfair County; and for other purposes.
HB 348. By Mr. Freeman of Monroe:
A bill to amend the charter of the City of Forsyth; and for other purposes.
HB 354. By Messrs. Fuqua, Fleming and Edwards of Richmond: A bill creating the Augusta Port Authority; and for other purposes.
HB 356. By Mr. Hollis of Muscogee:
A bill to amend an act to provide for residence requirements of appli cations for continuances on grounds of absent witnesses; and for other purposes.
HB 359. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of College Park; and for other purposes.
HB 360. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of College Park; and for other purposes.
HB 361. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill establishing a new charter for the City of College Park; and for other purposes.
WEDNESDAY, FEBRUARY 11, 1959
301
HB 362. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend an act creating a new charter for the City of Atlanta, relating to business licenses; and for other purposes.
HB 367. By Messrs. Fuqua, Fleming and Edwards of Richmond:
A bill to amend the charter of the City of Augusta, so as to provide for payment of entrance fees by candidates for Mayor and member ship in Council; and for other purposes.
HB 368. By Mr. Ballard of Newton:
A bill to amend an act to provide a board of directors for Newton County; and for other purposes.
HB 369. By Mr. Ballard of Newton:
A bill to change the compensation of the Sheriff and other officers of Newton County; and for other purposes.
HB 371. By Mr. Ballard of Newton:
A bill to amend an act to create a new charter for the Town of Oxford; and for other purposes.
HB 380. By Mr. Dorminy of Ben Hill:
A bill to amend an act relating to the charter for the City of Fitzgerald; and for other purposes.
HB 383. By Messrs. Smith, McClelland and Brooks of Fulton:
A bill to amend an act providing that cities having a certain popula tion shall furnish pensions to officers and employees; and for other purposes.
HB 387. By Messrs. Brooks, McClelland and Smith of Fulton:
A bill to amend an act to incorporate the City of Hapeville, to extend city limits; and for other purposes.
HB 390. By Messrs. Brooks, McClelland and Smith of Fulton:
A bill to amend an act to incorporate the City of Hapeville, so as to extend the city limits; and for other purposes.
HB 394. By Messrs. Smith, McClelland and Brooks of Fulton:
A bill to provide in counties having a certain population return of real estate and personal property for taxation, shall continue auto matically in force until a different assessment is made; and for other purposes.
HB 401. By Messrs. Keever and Bradley of Bartow and others:
A bill to provide for the terms of the Superior Courts in the Counties of the Cherokee Judicial Circuit; and for other purposes.
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JOURNAL OP THE SENATE,
HB 404. By Messrs. McClelland, Smith and Brooks of Fulton:
A bill to amend an act providing certain qualifications for Ordinaries in counties having a certain population; and for other purposes.
HB 165. By Mr. Dicus of Muscogee:
A bill to amend an act providing examination of master and journey men plumbers and steam fitters in certain counties and cities; and for other purposes.
HB 229. By Messrs. Otwell of Forsyth and others:
A bill to amend an act relating to qualifications of Directors of State Banks; and for other purposes.
HB 92. By Mr. Musgrove of Clinch:
A bill to amend an act creating the State Board of Registration for Foresters; and for other purposes.
HB 184. By Messrs. Lanier of Candler and Ray of Warren:
A bill to be known as "Georgia Seed Development Act"; to create the Georgia Seed Development Commission; and for other purposes.
HB 307. By Messrs. McCracken of Jefferson and others:
A bill to amend an act to authorize the governing authorities of the several municipalities and counties to establish separate or joint plan ning commissions; and for other purposes.
HB 389. By Messrs. Brooks of Fulton and others:
A bill to repeal an act relating to the first grant of a new trial, to require the judge to state the ground or grounds for granting said new trial; and for other purposes.
HR 124. By Mr. Freeman of Monroe:
A resolution authorizing the State Librarian to furnish certain law books to the library of Monroe County Superior Court; and for other purposes.
SB 45. By Senator Darby of the 15th:
A bill to amend an act creating the office of Commissioner of Roads and Revenue for Toombs County; and for other purposes.
SB 63. By Senator Carlisle of the 51st:
A bill providing for holding of three terms of the Superior Court of Houston County; and for other purposes.
The House has adopted the following Resolutions of the House, to wit:
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303
HR 59. By Messrs. Melton and Bolton of Spalding and others:
A resolution relating to preparation of complete outline of grades and courses in the public schools of this State; and for other purposes.
The House has adopted the following resolution of the Senate, to wit:
SR 36. By Senator Jordan of the 25th:
A resolution calling a joint session of the House and Senate; and for other purposes.
The House has adopted the following resolutions of the House:
HR 154. By Messrs. Smith of Emanuel and Johnson of Jenkins:
A resolution extending congratulations to Honorable Walter Harrison; and for other purposes.
HR 155. By Mr. Smith of Emanuel:
A resolution expressing appreciation to the American Bible Society; and for other purposes.
HR 156. By Messrs. Smith, Brooks and McClelland of Fulton:
A resolution designating the North Fulton Special Choir of the North Fulton High School the Official Choir of the State of Georgia during its tour through Europe this Summer.
HR 157. By Messrs. Floyd of Chattooga, McKenna of Bibb, Magoon of Hart, and others:
A resolution relative to Veterans Administration hospitals in Georgia; and for other purposes.
The following bills and resolutions were introduced, read the first time and referred to committees:
SB 108. By Senator Dykes of 2nd:
A bill to create a new charter for the City of Hinesville in the County of Liberty; to provide for elections; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 109. By Senator Carlisle of 51st:
A bill to repeal the Act known as the "Structural Pest Control Act" (Ga. Laws 1955, p. 564); and for other purposes.
Referred to the Committee on Rules.
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JOURNAL OF THE SENATE,
SB 110. By Senator Jernigan of 5th:
A bill to provide for the preparation and filing for record of maps and plats with the Clerk of the Superior Courts; and for other purposes.
Referred to the Committee on Judiciary.
SB 111. By Senator Greer of 6th:
A bill to amend the Act creating the Georgia Board of Landscape Architects (Ga. Laws 1958, p. 400), so as to redefine the practice of landscape architecture; and for other purposes.
Referred to the Committee on Government Operations.
SB 112. By Senator Brown of 52nd:
A bill to amend the act establishing a method for providing fire pre vention systems in the unincorporated portion of Pulton County so as to provide for two full-time employees at each station; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 113. By Senators Kennedy of 47th, Culpepper of 7th, Lindsey of llth, Doster of 48th and Redwine of 26th:
A bill to be known as the "Massage Registration Act."; to provide for registration of persons engaged in the practice of massage; and for other purposes.
Referred to the Committee on Rules.
SB 114. By Senator Brown of 52nd:
A bill to amend the act providing for the construction of fire stations in the unincorporated areas of Fulton County; to provide for fire dis tricts (Ga. Laws 1953, p. 2706), so as to provide for the levy of a tax within the fire district; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 115. By Senator Mercer of 49th:
A bill to amend the charter of the City of Metter, Georgia, so as to change the salary of the City Clerk; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 116. By Senator Edenfield of 16th:
A bill to amend the act incorporating the City of Twin City in Emanuel County, so as to change the number of wards; and for other purposes.
Referred to the Committee on County and Municipal Governments.
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305
SB 117. By Senator Lindsey of 53rd:
A bill to amend the act creating a Board of Commissioners of Roads and Revenues for Cook County, so as to increase the compensation of the members of said Board; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SR 38. By Senators Jernigan of the 5th, Marshburn of the 33rd, Lanier of the 20th, Sanders of the 18th, Culpepper of the 7th, Mercer of the 49th, Gearreld of the 37th, Marshall of the 28th, Purcell of the 31st, Screws of the 9th, Greer of the 6th, Roach of the 39th and Barrett of the 45th:
A resolution to create a committee composed of the Senate and House to study the effectiveness of high school training in preparing students for college work; and for other purposes.
Referred to the Committee on Educational Matters.
SR 39. By Senator Mobley of the 17th:
A resolution authorizing the Governor to convey the Waynesboro State Farmers Market property to Burke County; and for other purposes.
Referred to the Committee on Government Operations.
SR 40. By Senators Doster of the 48th, Lindsey of the llth, Perry of the 24th and Kennedy of the 47th:
A resolution authorizing the Agricultural and Natural Resources Com mittee to visit the various Agricultural and Natural Resources Insti tutions of the State; and for other purposes.
Referred to the Committee on Agriculture and Natural Resources.
SR 43. By Senators Holton of the 4th, Sanders of the 18th, Ramsey of the 1st, Lanier of the 20th and Roper of the 19th:
A resolution creating the Georgia Commission on Co-Ordination of Highway Problems; and for other purposes.
Referred to the Committee on Highways.
HB 32. By Mr. Irvin of Habersham:
A bill to provide for execution of bond by school principals conditioned upon the accounting of all funds; and for other purposes.
Referred to the Committee on Educational Matters.
HB 51. By Messrs. Busbee and Odom of Dougherty:
A bill to provide that the provisions of this act be related particularly to substitute birth certificates for adopted children; and for other pur poses.
Referred to the Committee on Judiciary.
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JOURNAL OF THE SENATE,
HB 70. By Messrs. Lanier of Candler and Fowler of Douglas:
A bill to regulate registration, labeling, analysis, inspection and sale of agricultural limestone; and for other purposes.
Referred to the Committee on Agriculture and Natural Resources.
HB 92. By Mr. Musgrove of Clinch:
A bill to amend an act creating the "State Board of Registration for Foresters"; and for other purposes.
Referred to the Committee on Agriculture and Natural Resources.
HB 165. By Mr. Dicus of Muscogee:
A bill to amend an act providing examination of master and journey men plumbers and steamfitters in certain counties and cities; and for other purposes.
Referred to the Committee on Agriculture and Natural Resources.
HB 184. By Messrs. Lanier of Candler and Ray of Warren:
A bill to be known as "Georgia Seed Development Act"; to create the Georgia Seed Development Commission"; and for other purposes.
Referred to the Committee on Agriculture and Natural Resources.
HB 210. By Messrs. McKenna, Wilson and Phillips of Bibb and others:
A bill to amend an act creating a Department of Public Safety, that the operator or chauffeur accompanying holder of learner's license must be 21; and for other purposes.
Referred to the Committee on Judiciary.
HB 229. By Messrs. Otwell of Forsyth and others:
A bill to amend an act relating to qualifications of directors of state banks; and for other purposes.
Referred to Committee on Banking and Finance.
HB 248. By Mr. Bowen of Randolph:
A bill to authorize administrators and executors to sell livestock and poultry at public sales establishments where such sale is in best interest of the estate; and for other purposes.
Referred to the Committee on Judiciary.
HB 301. By Mr. Trotter of Troup:
A bill to repeal a resolution creating the "All-South Centennial Com mittee of Georgia"; and for other purposes.
Referred to Committee on Rules.
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307
HB 313. By Messrs. Cox and Matthews of Clarke:
A bill relating to compensation of county treasurers in certain counties; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 314. By Messrs. Hodges and Parker of Ware: A bill to create the office of Commissioner of Roads and Revenues of Ware; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 337. By Mr. Wells of Peach: A bill to amend an act creating a charter for the City of Port Valley; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 307. By Messrs. McCracken of Jefferson and others: A bill to authorize the governing authorities of the several munici palities and counties to establish separate or joint planning commis sions; and for other purposes.
Referred to Committee on Rules.
HB 338. By Messrs. Story and Morgan of Gwinnett: A bill to amend an act to create and incorporate a new municipality in Gwinnett County to be known as the City of Berkeley Lake; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 339. By Mr. Otwell of Forsyth:
A bill to amend an act placing the sheriff of Forsyth County on a salary system; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 340. By Mr. Barrett of Cherokee:
A bill to change from fee to salary system in Cherokee County, the Sheriff, the Clerk of Superior Court and others; and for other pur poses.
Referred to the Committee on County and Municipal Governments.
HB 341. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act establishing a new charter for the City of College Park; and for other purposes.
Referred to the Committee on County and Municipal Governments.
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JOURNAL OF THE SENATE,
HB 342. By Messrs. Blalock and Lee of Clayton:
A bill to amend an act incorporating the Town of Forest Park, so as to change the corporate limits; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 343. By Mr. Walker of Telfair:
A bill to amend an act creating the office of the Telfair County Tax Commissioner; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 344. By Mr. Walker of Telfair:
A bill to amend an act creating the office of Commissioner of Roads and Revenues of Telfair County; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 345. By Mr. Walker of Telfair:
A bill to amend an act creating a new charter for the City of McRae; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 346. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act establishing a new charter for the City of College Park; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 347. By Mr. Walker of Telfair:
A bill to amend an act to increase the salary of the Tax Commissioner of Telfair County; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 348. By Mr. Freeman of Monroe:
A bill to amend the charter of the City of Forsyth; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 354. By Messrs. Fuqua, Fleming and Edwards of Richmond: A bill creating the Augusta Port Authority; and for other purposes.
Referred to the Committee on Government Operations.
HB 356. By Mr. Hollis of Muscogee:
A bill to amend an act to provide for residence requirements of appli cations for continuances on grounds of absent witnesses; and for other
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309
purposes. Referred to the Committee on Judiciary.
HB 359. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of College Park; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 360. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of College Park; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 361. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill establishing a new charter for the City of College Park; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 362. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend an act creating a new charter for the City of Atlanta, relating to business licenses; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 367. By Messrs. Fuqua, Fleming and Edwards of Richmond:
A bill to amend the charter of the City of Augusta, so as to provide for payment of entrance fees by candidates for mayor and membership in council; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 368. By Mr. Ballard of Newton:
A bill to amend an act to provide a board of directors for Newton County; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 369. By Mr. Ballard of Newton:
A bill to change the compensation of the sheriff and other officers of Newton County; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 371. By Mr. Ballard of Newton:
A bill to amend an act to create a new charter for the Town of Oxford; and for other purposes.
Referred to the Committee on County and Municipal Governments.
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JOURNAL OF THE SENATE,
HB 380. By Mr. Dorminy of Ben Hill:
A bill to amend an act relating to the charter for the City of Fitzgerald; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 383. By Messrs. Smith, McClelland and Brooks of Fulton:
A bill to amend an act providing that cities having a certain popula tion shall furnish pensions to officers and employees; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 387. By Messrs. Brooks, McClelland and Smith of Fulton:
A bill to amend an act to incorporate the City of Hapeville, to extend city limits; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 390. By Messrs. Brooks, McClelland and Smith of Fulton:
A bill to amend an act to incorporate the City of Hapeville, so as to extend the city limits; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 394. By Messrs. Smith, McClelland and Brooks of Fulton:
A bill to provide in counties having a certain population return of real estate and personal property for taxation, shall continue auto matically in force until a different assessment is made; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 401. By Messrs. Keever and Bradley of Bartow and others:
A bill to provide for the terms of the superior courts in the counties of the Cherokee Judicial Circuit; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 404. By Messrs. McClelland, Smith and Brooks of Fulton:
A bill to amend an act providing certain qualifications for Ordinaries in counties having a certain population; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 389. By Messrs. Brooks of Fulton and others:
A bill to repeal an act relating to the first grant of a new trial, to require the judge to state the ground or grounds for granting said new trial; and for other purposes.
Referred to the Committee on Judiciary.
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311
HR 59. By Messrs. Melton and Bolton of Spalding and others:
A resolution relating to preparation of complete outline of grades and courses in the public schools of this State; and for other purposes.
Referred to the Committee on Educational Matters.
HR 124. By Mr. Freeman of Monroe:
A resolution authorizing the State Librarian to furnish certain law books to the library of Monroe County Superior Court; and for other purposes.
Referred to Committee on County and Municipal Governments.
The following bills and resolutions were read the second time:
SB 100. By Senator Redwine of the 26th:
A bill to amend Section 68-502 of the Code of Georgia relating to the definition of terms used in the law relating to Motor Contract Carriers so as to clarify a provision relating to exempt vehicles; and for other purposes.
SB 101. By Senator Redwine of the 26th:
A bill to amend Section 68-602 of the Code of Georgia relating to the Motor Common Carrier Act (Ga. Laws 1958, p. 688), so as to exempt certain vehicles; and for other purposes.
SB 102. By Senators Vaughn of the 34th, Culpepper of the 7th and Jordan of the 25th:
A bill to amend the act creating the position of Judge Emeritus of the Court of Appeals of Georgia, so as to repeal that portion of said act which provides that Judges of said Court who are defeated in an election shall not be eligible to be appointed Judge Emeritus; and for other purposes.
SB 103. By Senator Livingston of the 38th:
A bill to provide that no insurer shall distinguish between licensed members of the healing professions upon making payments on health, sickness, or accident policies directly to members of said professions; and for other purposes.
SB 104. By Senator Livingston of the 38th:
A bill to prohibit the distribution of printed matter on behalf of any candidate in counties having a population of not less than 30,500 nor more than 31,000; and for other purposes.
SB 105. By Senator Marshburn of the 33rd:
A bill to amend the act incorporating the Town of Homer so as to increase the corporate limits of said town; and for other purposes.
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SB 106. By Senator Brown of the 52nd:
A bill to amend the act providing for the retirement of Judges and Solicitor General of Fulton County Civil and Criminal Court (Ga. Laws 1946, p. 299), so as to allow credit under said act for prior service with the City of Atlanta or other county; and for other purposes.
SB 107. By Senators Jordan of the 25th and Sanders of the 18th:
A bill to amend the act known as the Mineral Leasing Commission Act (Ga. Laws 1945, p. 352), so as to strike the limitation on quan tity of lands leased; and for other purposes.
SR 35. By Senator Livingston of the 38th:
A resolution proposing an amendment to the Constitution of the State of Georgia so as to authorize the City of Cedartown in Polk County to levy a tax for the purpose of creating a fund to be used in encouraging the location of new industries in the City of Cedartown.
SR 37. By Senators Jordan of the 25th and Sanders of the 18th:
A resolution authorizing the Secretary of State as a Surveyor General of Georgia to contract for the survey and topographing of the Georgia Atlantic Coast line; and for other purposes.
HB 21. By Messrs. Lanier of Candler, Parker of Appling and others:
A bill to amend an act providing for the regulation of sale of livestock at auction; to change bonding requirements; and for other purposes.
HB 47. By Mr. Holcombe of Cobb:
A bill to provide that it shall be unlawful for any person to operate motor vehicle upon public roads of this State so as to race or other wise engage in contest of speed; and for other purposes.
HB 153. By Messrs. Brooks, McClelland and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta, relating to Land Lot 101 of the 14th District (East Point) of Fulton County; and for other purposes.
HB 154. By Messrs. Brooks, McClelland and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of East Point, relating to Land Lot 101 (East Point) ; and for other purposes.
HB 177. By Mr. Jones of Crawford:
A bill to create the office of Tax Commissioner of Crawford County; and for other purposes.
HB 178. By Mr. Jones of Crawford: A bill to repeal an act to provide that the tax receiver shall be paid
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313
from ad valorem school tax collected for the Board of Education a commission of two and one-half percent of the net amount collected in counties having a population of not less than 5,975 and not more than 6,500; and for other purposes.
HB 217. By Mr. Hall of Ployd:
A bill to amend an act relating to membership on County Board of Education, to provide for election of members of said Board by grand jury; and for other purposes.
HB 240. By Mr. Hall of Floyd:
A bill to amend an act relating to compensation of members of county boards of education, so as to authorize General Assembly to provide by local legislation for such compensation; and for other purposes.
HB 249. By Messrs. Fuqua of Richmond, McCracken of Jefferson and Phillips of Columbia:
A bill to amend an act relating to bank taxation so as to provide for proper market value of shares of the bank, where the bank owns capital stock of a holding corporation which owns the bank premises; and for other purposes.
HB 250. By Messrs. Fuqua of Richmond, McCracken of Jefferson and Phillips of Columbia:
A bill to authorize state banks to invest in all the capital stock of a holding corporation owning premises in which the bank carries on its business; and for other purposes.
HB 283. By Messrs. Reed, Willingham and Holcombe of Cobb:
A bill to amend an act relating to abolition of fee system in Cobb County and fixing salaries of Sheriff, Ordinary, Clerk of Superior Court; to provide for Chief Deputy Clerk, etc.; and for other purposes.
HB 284. By Messrs. Willingham, Holcombe and Reed of Cobb:
A bill to amend an act incorporating the City of Powder Springs so as to increase its corporate limits; and for other purposes.
HB 285. By Messrs. Willingham, Reed and Holcombe of Cobb:
A bill to amend an act establishing a new charter for the Town of Acworth; and for other purposes.
HB 286. By Messrs. Willingham, Reed and Holcombe of Cobb:
A bill to amend an act creating a new charter for the City of Kennesaw; and for other purposes.
HB 298. By Messrs. Smith of Emanuel and Twitty of Mitchell: A bill to amend an act known as the "Stone Mountain Memorial
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JOURNAL OF THE SENATE,
Association Act" by providing for acquisition of area necessary for purpose of act; and for other purposes.
HB 323. By Mr. Willingham of Cobb:
A bill to amend an act entitled "Housing Authority Law", so as to authorize dormitory housing construction at any member Institution of University of Georgia; and for other purposes.
HB 324. By Messrs. Wilkes of Cook, Lott of Berrien, Newton and Matthews of Colquitt:
A bill to amend an act creating a Department of Natural Resources and four subdivisions thereof, so as to clarify authority of municipal government; and for other purposes.
HB 325. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A bill to amend act 2 of the 1959 session of the General Assembly, relating to creation of "Governor's Commission on Constitutional Gov ernment" to provide for funds for operation of commission; and for other purposes.
HB 364. By Messrs. Ray of Warren, Smith of Emanuel, Twitty of Mitchell and others.
A bill to create a Georgia Industrial Development Administration; to provide appointment and qualifications for members of the adminis tration; and for other purposes.
HR 78. By Mr. Pickett of Pickens:
A resolution authorizing conveyance of certain property in Pickens County; and for other purposes.
HR 100. By Mr. Wilkes of Cook:
A resolution authorizing conveyance of property situated in Cook County, Georgia; and for other purposes.
HR 116. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A resolution to ratify, approve and confirm the executive order of the Governor dated February 2, 1959, suspending collection of tax penalties associated to urban transit systems; and for other purposes.
HR 117. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A resolution authorizing the Governor on behalf of the State of Georgia to convey to the United States of America an easement for right-of-way in the 6th District of White County, being part of Unicoi State Park; and for other purposes.
The following resolution was read and adopted:
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315
SR 42. By Senator Sanders of the 18th:
A resolution to provide for the per diem compensation and allowances to the members of the Joint Income Tax Law Study Committee created by resolution of the General Assembly, approved March 8, 1957 (Ga. Laws 1957, p. 362), who were appointed by the Governor.
Senator Jordan of the 25th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President: Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations: SB 27. Do Pass by substitute. SB 78. Do Pass as amended. SB 89. Do Pass. SB 90. Do Pass. SB 91. Do Pass. HB 26. Do Pass. HB 28. Do Pass. HB 130. Do Pass. HB 224. Do Pass. HB 225. Do Pass. HB 226. Do Pass. HB 234. Do Pass.
Respectfully submitted, Jordan of 25th District, Chairman.
Senator Brown of the 52nd District, Chairman of the Committee on County and Municipal Government, submitted the following report:
Mr. President: Your Committee on County and Municipal Governments has had under consideration the following bills of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 92. Do Pass.
SB 96. Do. Pass.
SB 97. Do Pass.
SB 98. Do Pass.
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JOURNAL OF THE SENATE,
SB 99. Do Pass. SB 93. Do Pass. SB 104. Do Pass. HB 262. Do Pass. HB 179. Do Pass. HB 230. Do Pass. HB 309. Do Pass as amended. HB 310. Do Pass by substitute.
Respectfully submitted, Brown of 52nd District, Chairman.
Senator Vaughn of the 34th District, Secretary of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following hills of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 87. Do Pass as amended.
HB 19. Do Pass.
SB 75. Do Pass by substitute.
Respectfully submitted,
Vaughn of 34th District,
Secretary.
Senator Jordan of the 25th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President: Your Committee on Judiciary has had under consideration the following bills of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 32. Do Pass. HB 91. Do Pass. HB 138. Do Pass.
HB 216. Do Pass. Respectfully submitted, Jordan of 25th District, Chairman.
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317
Senator Wright of the 42nd District, Chairman of the Committee on In dustry and Labor, submitted the following report:
Mr. President:
Your Committee on Industry and Labor has had under consideration the following bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
HB 272. Do Pass.
Respectfully submitted,
Wright of 42nd District,
Chairman.
Senator Greer of the 6th District, Chairman of the Committee on Public Utilities and Transportation, submitted the following report:
Mr. President:
Your Committee on Public Utilities and Transportation has had under consideration the following bills of the House and Senate and has instructed me as Chairman, to report the same back to the Senate with the following recom mendations :
SB 79. Do Pass.
HB 47. Do Pass as amended.
Respectfully submitted,
Greer of 6th District,
Chairman.
Senator Greer of the 6th District, Secretary of the Committee on Govern ment Operations, submitted the following report: Mr. President:
Your Committee on Government Operations has had under consideration the following bills of the Senate and House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
HB 298. Do Pass. SR 37. Do Pass. SB 107. Do Pass. HB 264. Do Pass.
Respectfully submitted, Greer of 6th District, Secretary.
Senator Holt of the 54th District, Chairman of the Committee on Health and Welfare, submitted the following report:
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JOURNAL OP THE SENATE,
Mr. President: Your Committee on Health and Welfare has had under consideration the
following bills of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 94. Do Pass.
SB 95. Do Pass. Respectfully submitted,
Holt of 54th District,
Chairman.
Senator Jernigan of the 5th District, Chairman of the Committee on Edu cational Matters, submitted the following report:
Mr. President:
Your Committee on Educational Matters has had under consideration the following bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
HB 323. Do Pass.
Respectfully submitted,
Jernigan of 5th District,
Chairman.
Senator Holton of the 46th District, Chairman of the Committee on High ways, submitted the following report:
Mr. President:
Your Committee on Highways has had under consideration the following resolution of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
HR 29. Do Pass.
Respectfully submitted,
Holton of 46th District,
Chairman.
The following local, uncontested bills were read the third time and put upon their passage:
SB 92. By Senator Brown of the 52nd:
A bill to amend section 4 of the Voter's Registration Act of 1958 approved March 25, 1958 (Ga. Laws 1958, p. 269 et seq.) by striking section 4 in its entirety; to provide for places of registration in certain counties; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
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319
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 93. By Senator Kennedy of the 47th:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Turner County, approved August 18, 1927 (Ga. Laws 1927, p. 702), as amended, so as to provide for two (2) additional members to the Board of County Commissioners; to change the Com missioner Districts; to provide for a special election; to reduce the length of term of the Commissioners; to repeal all conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 96. By Senator Slade of the 14th:
A bill to amend an act creating a new charter for the City of Hawkinsville, approved December 18, 1902 (Ga. Laws 1902, p. 446), as amended, so as to authorize the Commissioners of the City of Hawkinsville to sell and convey certain land; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 97. By Senator Skelton of the 30th:
A bill to amend an act creating the office of Tax Commissioner of Hart County, approved March 4, 1935 (Ga. Laws 1935, p. 687), as amended, so as to authorize the Tax Commissioner to appoint an assistant; to provide for compensation; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 98. By Senator Skelton of the 30th:
A bill to create the office of Commissioner of Roads and Bridges for
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for Hart County; to provide for the election, duties and compensation of said commissioner; to provide for the bond of said commissioner; to create a Board of Finance for Hart County; to provide for elec tion, duties and compensation of said Board; to provide for meetings; to provide for a chairman; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 99. By Senator Holton of the 46th:
A bill to amend an act creating the office of Commissioner of Eoads and Revenues in the County of Coffee, approved March 26, 1937 (Ga. Laws 1937, p. 1294), as amended particularly by an act approved March 19, 1949 (Ga. Laws 1949, p. 929), so as to provide for a sevenmember Board of Commissioners of Roads and Revenues; to provide for six Commissioner Districts; to repeal all conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 91. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend an act to provide for destruction of old records which, in the opinion of the Chief Judge of said Court, have no further value to the Court or to the public, in certain cities; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 179. By Mr. Jones of Crawford:
A bill to amend an act creating the Board of Commissioners of Roads and Revenues of Crawford County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
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321
The bill, having received the requisite constitutional majority, was passed.
HB 230. By Mr. Rodgers of Charlton:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Charlton; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 262. By Mr. Pelham of Schley:
A bill to amend an act creating the Board of Commissioners of Roads and Revenues in the counties of Floyd, Berrien, Effingham, Schley, Sumter and Green, to provide for publication of expenditures and dis bursements by the Board of Commissioners of Roads and Revenues of Schley County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 309. By Messrs. McCown and Coalson of Polk:
A bill to abolish the present mode of compensation in offices of clerks of Superior Court and City Court and Sheriff of Polk County; and for other purposes.
Senator Livingston of the 28th offered the following amendment:
Amend HB 309 by striking the words and numerals "twenty-seven thousand ($27,000.00) dollars" in Section 2 (c) and inserting in lieu thereof the words and numerals "twenty-three thousand five hundred ($23,500.00) dollars."
On the adoption of the amendment, the ayes were 34, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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HB 310. By Mr. Love of Catoosa:
A bill to change the compensation of the Ordinary and Clerk of the Superior Court of Catoosa County from the fee system to salary sys tem; and for other purposes.
The Committee on County and Municipal Governments offered the following substitute:
A BILL
To be entitled an Act to change the compensation of the Ordinary and the Clerk of the Superior Court of Catoosa County from the fee system to the salary system; to provide the procedure in connection therewith; to provide for the disposing of fees; to provide for com pensation for clerical help; to provide an effective date; to repeal all conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The compensation of the Ordinary and the Clerk of the Superior Court of Catoosa County which is now based on a fee system is hereby abolished and the officers herein named shall hereafter be paid salaries as herein provided. The said officers in addition to the salaries herein provided, shall receive the sums herein provided for the payment of clerical help necessary for the performance of the duties of their respective offices. All fees, costs, percentages, forfeitures, penalties and allowances, and all other perquisites of whatever kind as are now or may hereafter be allowed by law to be received or collected as compensation for service by an officer named shall be received and diligently collected by said officers for the sole use of Catoosa County and shall be held as public funds belonging to Catoosa County and accounted for and paid over to the County Treasurer on the first Tuesday in each month at which time an itemized statement shall be made by the officers to show such collections and sources from which collected and the County Treasurer of Catoosa County shall keep a separate account showing collections and the source from which they are paid.
Section 2. The salaries of the said county officers shall be as follows:
The Ordinary Clerk of Superior Court
$7,000.00 per annum $7,000.00 per annum
All salaries payable under this Act shall be paid in equal monthly installments.
Section 3. The allowance to be paid for clerical help shall be:
Clerical help for the Ordinary Clerical help for the Clerk of
Superior Court
$2,400.00 per annum $3,000.00 per annum
All allowances payable under this Act shall be paid directly by the County Treasurer to the person or persons performing such clerical help. No person performing such clerical help for the Ordinary shall be related to said Ordinary closer than the fifth
WEDNESDAY, FEBRUARY 11, 1959
323
degree of consanguinity or affinity. No person performing such clerical help for the Clerk of the Superior Court shall be related to the Clerk closer than the fifth degree of consanguinity or affinity.
Section 4. This Act shall become effective upon approval of said Act.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, the ayes were 34, nays 0, and the sub stitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HR 32. By Messrs. Brennan, Cheatham and McGee of Chatham:
A resolution authorizing the State Librarian to furnish to the law library of Chatham County, without cost to said county, certain law books; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 36, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The hour for convening the joint session of the Senate and House having arrived, the president, accompanied by the secretary and the senators, pro ceeded to the hall of the House of Representatives and the joint session, called for the purpose of hearing an address by the Honorable Richard B. Russell and the Honorable Herman Eugene Talmadge, was called to order by the president of the Senate.
The resolution authorizing the joint session of the Senate and House was read by the secretary of the Senate.
The president introduced Governor Vandiver, who introduced Senator Russell with the following statement:
It is indeed a great privilege for me to introduce to you one of the out standing Georgia statesmen of this generation, our senior Senator in Wash ington, Honorable Richard B. Russell.
All of us are familiar with the brilliant record he has made since he first entered the Senate.
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We know of his long and continuing fight for the preservation of states' rights, we know of his service as head of the Armed Forces Committee, during and since World War II, and that he was seriously supported by the people of many states for the Democratic nomination for the presidency of the United States.
Let me present to you this distinguished Georgian, this great American, Senator Russell.
Senator Russell addressed the General Assembly.
Governor Vandiver introduced Senator Talmadge with the following state ment:
Again I have the pleasant duty of presenting to you an illustrious son of Georgia who is on the threshold of a record for service and achievement as the junior Senator from Georgia--Honorable Herman Eugene Talmadge-- from his stirring service for six years as Governor of our State during which he made an enviable record of progressive government, he is now occupying a post where he can be of even greater service to the people of his native State.
Already he has introduced legislation which stamps him as an unrelenting foe of those who would abolish the traditions and customs of the South. His voice has been heard in protest against usurption of power by the Supreme Court of the United States and he now stands out as one of the leaders of the conser vative forces in this Nation who believe in the Constitution of the United States and stand up to support on all occasions that immortal document.
It is a genuine pleasure for me to present to you our junior Senator, Honorable Herman Talmadge.
Senator Talmadge addressed the General Assembly.
Senator Sanders of the 18th moved that the joint session be now dissolved, and the motion prevailed.
The president announced the joint session dissolved.
The senators returned to the Senate Chamber and the Senate was called to order by the president for the regular transaction of business.
The following general bills, favorably reported by the committees, were read the third time and put upon their passage:
SB 78. By Senators Perry of the 24th, Culpepper of the 7th, Vaughn of the 34th and others: A bill to provide for the inspection of public records; to provide ex ceptions thereto; and for other purposes.
The Committee on Judiciary offered the following amendment: Amend SB 78 by striking the following words in section 2:
"shall be subject to removal on impeachment and in addition".
By unanimous consent, the committee amendment was withdrawn.
WEDNESDAY, FEBRUARY 11, 1959
325
Senator Culpepper of the 7th offered the following amendment:
Amend SB 78 by striking the words "at all times" in line three of section 1, and inserting in line 4 of said section after the word "Georgia" the words "at a reasonable time and place."
By striking section 2, as amended, in its entirety.
On adoption of the amendment, the ayes were 47, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.
On the passage of the bill, the ayes were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 83. By Senators Sanders of the 18th and Jordan of the 25th:
A bill to amend an act establishing an employee's retirement system, so as to stipulate conditions of membership; and for other purposes.
Senator Sanders of the 18th offered the following amendment:
By striking Section 6 thereof and substituting a new Section 6 in lieu threof to read as follows:
Section 6. By striking from said Act of 1949, as amended, sub section (7) of Section 6 (Section 40-2506 (7), Ga. Ann. Code), and inserting in lieu thereof, the following:
"(7) Any other provisions of law to the contrary notwith standing, the board of trustees, in keeping with the actuarial sound ness of the System, may from time to time and after an actuarial investigation into the benefit structure of the System, and for the administration of the Social Security program, adopt such tables, calculations, compensation and deduction schedules as it shall deem desirable in connection with the proper operation of of the System:
Provided, however, that any calculations (actuarial or other wise) or benefits provided hereunder shall be made on the basis of final monthly earnings being defined as a member's highest total monthly earnable compensation as reflected by monthly contributions during employment except that no salary increase by adjustment in compensation in any manner in excess of ten (10) percent during the last twelve months of membership service shall be included in this definition of final monthly earnings.
Provided further however, that in the application of any adopted tables of calculations, as such may be applicable to any member, such tables and the application thereof shall not diminish or impair the amount of any allowances or benefits which would have been payable to the member by use of tables or calculations that were in effect on January 1, 1959. The board of trustees
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may also, from time to time, establish rules and regulations for the administration of the funds created by this Chapter and for the transaction of its business."
And to amend the caption accordingly.
On the adoption of the amendment, the ayes were 34, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 87. By Senator Sanders of the 18th and Jordan of the 25th:
A bill to create a Crime Investigating Commission to investigate the extent of crime and organized crime existing in Georgia; to enumerate the powers of said commission, including the power of subpoena; to repeal conflicting laws; and for other purposes.
The Committee on Rules offered the following amendment:
Amend sub-section 4 of section 3 of SB 87 as follows:
By striking from sub-section 4 of section 3 the following:
"Shall be allowed and paid from the Executive Department from such funds as the Bureau of the Budget may from time to time make available for the purposes of this Act."
and inserting in lieu thereof the following:
"Shall be payable from funds appropriated for the operating cost of the General Assembly upon bills and/or invoices approved by the Chairman of the Commission being transmitted to the State Auditor, who shall cause same to be paid in the same manner as other expenses of the General Assembly are paid."
so that when so amended, sub-section 4 of section 3 shall read as follows:
"(4) SALARIES AND EXPENSES. The salaries of the Gen eral Counsel and other personnel, and the expenses of the Com mission, including necessary travel and subsistence expenses in curred by the Commissioners, General Counsel, other attorneys, investigators, clerks and employees of the Commission under its orders, shall be payable from funds appropriated for the operat ing cost of the General Assembly upon bills and/or invoices approved by the Chairman of the Commission being transmitted to the State Auditor, who shall cause same to be paid in the same manner as other expenses of the General Assembly are paid."
WEDNESDAY, FEBRUARY 11, 1959
327
Your Committee further moves to amend sub-section 6 of section 4 of said bill by striking from sub-section 6 of section 4 the following:
"No hearing shall be televised, or broadcast by radio, nor shall any mechanical, photographic, or electronic record of the proceedings of any hearing be televised or broadcast by radio."
so that when so amended, sub-section 6 of section 4 of said bill shall read as follows:
(6) Hearings. The Commission shall have the power to con duct public or private hearings to accomplish the several purposes and exercise the powers of the Commission, and in that connection to designate one or more members of the Commission to preside over such hearings. Any Commissioner or the General Counsel may administer oaths and affirmations, examine witnesses and receive evidence. A witness at any public or private hearing shall have the right to have present at such hearing counsel of his own choice, for the purpose of advising him concerning his con stitutional rights; but for no other purpose.
On the adoption of the amendment, the ayes were 40, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, the ayes were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 94. By Messrs. Cox and Matthews of Clarke: A bill to amend the charter of the Town of Athens, so as to close the unopened portion of Carlton Terrace between Milledge Avenue and Marion Drive in said city; to transfer the public right, interest and title therein; and for other purposes.
Senator Pannell of the 43rd mover that HB 94 be recommitted to the Com mittee on Health and Welfare.
On the motion to recommit, the ayes were 18, nays 16.
The motion prevailed and HB 94 was recommitted to the Committee on Health and Welfare.
SB 27. By Senators Vaughn of the 34th and Nixon of the 35th: A bill to limit the deficiency judgments on debts secured by bills of sale to secure a debt; and for other purposes.
Senator Darby of the 15th moved that SB 27 be recommitted to the Com mittee on Judiciary.
On the motion to recommit, the ayes were 22, nays 11.
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The motion prevailed, and SB 27 was recommitted to the Committee on Judiciary.
SB 79. Senator Smith of the 4th:
A bill to amend an act known as the "Uniform Act Regulating Traffic on Highways", approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), so as to increase the maximum lawful speed in this State; to repeal conflicting laws; and for other purposes.
Senator Greer of the 6th offered the following amendment:
Amend SB 79 by adding at the end of Section 48 (b), paragraph 2, the following:
"Provided the State Department of Public Safety shall have the right to set a maximum and or minimum speed limit upon any State Highway in the State of Georgia, less than the within speed limits, if same is necessary because of condition of road or in interest of public safety, arid said maximum speed shall be marked by appropriate signs on said roads."
On the adoption of the amendment, the ayes were 45, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 89. By Senator Sanders of the 18th:
A bill to provide for the protection of the bona fide innocent purchaser, mortgageeor, lessee of property acquired from, or encumbered by, an incompetent; to provide for exceptions; to provide for the entry of a decree of adjudication of insanity of a resident or non resident to be placed on the lis pendens docket of each county where realty is situated; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 90. By Senator Roach of the 39th:
A bill to amend Code section 26-1302 relating to punishment for rape, so as to provide for life imprisonment; to repeal conflicting laws; and for other purposes.
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329
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 95. By Senator Ramsey of the 1st:
A bill to repeal chapter 84-4 of the Code of Georgia in its entirety and create a new separate board to be designated as the State Board of Hairdressers and Cosmetologists Examiners; and for other purposes.
Senator Ramsey of the 1st moved that SB 95 be recommitted to the Com mittee on Health and Welfare.
On the motion to recommit, the ayes were 34, nays 0.
The motion prevailed and SB 95 was recommitted to the Committee on Health and Welfare.
HB 26. By Mr. Gowen of Glynn:
A bill to provide for summary judgments in the courts of this State, to define scope, applicability and procedure with respect thereto; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Ramsey of the 1st District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President: Your Committee on Senate Administrative Affairs has read and examined
the following bills and/or resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the House:
SB 52.
SB 57. SB 58. SB 73. SB 76.
SB 77. SB 81.
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JOURNAL OF THE SENATE,
SB 86. SR 26. SR 34.
Respectfully submitted, Ramsey of the 1st District, Chairman.
HB 28. By Mr. Gowen of Glynn:
A bill to amend an act providing for declaratory judgments in the Superior Courts of this State; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following resolutions were read and adopted:
SR 41. By Senator Greer of the 6th:
A resolution that the Senate extend to the Honorable Winston E. Burdine an invitation to address the Senate on some day of his choosing between now and the end of this session in honor of his distinguished work in the service of his State and Country.
SR 44. By Senator Slade of the 14th:
A resolution extending sympathy upon the death of Honorable Howard Griffin; and for other purposes.
Senator Jordan of the 25th moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.
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331
Senate Chamber, Atlanta, Georgia, Thursday, February 12, 1959.
The Senate met pursuant to adjournment at 10:00 o'clock this morning and was called to order by the president.
Scripture reading and prayer was offered by the chaplain.
By unanimous consent the call of the roll was dispensed with.
Senator Clary of the 29th reported that the journal of yesterday's proceed ings had been read and found correct.
Senator Vaughn of the 34th moved that the Senate reconsider its action in recommitting the following bill to the Committee on Health and Welfare:
SB 27. By Senators Vaughn of the 34th and Nixon of the 35th: A bill to limit the deficiency judgments on debts secured by bills of sale to secure a debt; and for other purposes.
On the motion to reconsider, the ayes were 18, nays 12.
The motion prevailed and SB 27 was placed back on the calendar.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Sanders of the 18th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.
The consent was granted.
The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President: The House has passed by the requisite constitutional majority the following bills and resolutions of the House to wit:
HB 183. By Messrs. Mackay, McWhorter and Rutland of DeKalb: A bill to be entitled an act to amend an act creating a new charter for the Town of Decatur, now City of Decatur; and for other purposes.
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JOURNAL OP THE SENATE,
HB 261. By Messrs. Trotter of Troup, Jones of Crawford, and many others:
A bill to be entitled an act to amend an act creating the Peace Officers' Annuity and Benefit Fund, to clarify and provide for staggered terms for members of the board from the association; and for other purposes.
HB 328. By Messrs. Cheek of Taylor and Rutland of DeKalb:
A bill to be entitled an act that motor carrier inspectors of the Georgia Public Service Commission be police officers of this State; and for other purposes.
HB 363. By Mr. Shuman of Bryan:
A bill to be entitled an act to amend an act revising and consolidating laws relating to the State Game and Fish Commission; and for other purposes.
HB 373. By Mr. NeSmith of Meriwether:
A bill to be entitled an act to amend the charter of the City of Man chester; and for other purposes.
HB 374. By Messrs. Ray of Warren, Smith of Emanuel, and others:
A bill to be entitled an act to provide payment of teachers in the public school system of Georgia in event of the school closing by Executive Order; and for other purposes.
HB 376. By Mr. Williams of Coffee:
A bill to be entitled an act to amend an act creating the office of Commissioner of Roads and Revenues in the County of Coffee; and for other purposes.
HB 397. By Messrs. Killian of Glynn, Ballard of Newton, and others:
A bill to be entitled an act to amend an act relating to suits by infant; and for other purposes.
HB 407. By Messrs. Bradley and Keever of Bartow:
A bill to be entitled an act to amend an act creating a new charter for the City of Cartersville, so as to change the corporate limits; and for other purposes.
HB 408. By Messrs. Bradley and Keever of Bartow:
A bill to be entitled an act to amend an act incorporating the Town of Adairsville, so as to provide that said city may contract with other municipalities to furnish public utility service; and for other purposes.
HB 410. By Messrs. Bradley and Keever of Bartow:
A bill to be entitled an act to amend an act creating a new charter for the City of Cartersville, so as to change the corporate limits of said city; and for other purposes.
THURSDAY, FEBRUARY 12, 1959
333
HB 411. By Messrs. Bradley and Keever of Bartow:
A bill to be entitled an act incorporating the City of Emerson; and for other purposes.
HB 412. By Messrs. Bradley and Keever of Bartow:
A bill to be entitled an act to amend an act creating a new charter for the City of Cartersville, so as to change corporate limits; and for other purposes.
HB 413. By Messrs. Bradley and Keever of Bartow:
A bill to be entitled an act to amend an act incorporating the City of Adairsville, so as to extend and redefine the corporate limits; and for other purposes.
HB 414. By Messrs. Trotter and Lam of Troup:
A bill to be entitled an act to amend an act relating to fees paid to coroners, to provide that the coroner in Troup shall be paid a salary in lieu of fees; and for other purposes.
HB 415. By Mr. Ingle of Gordon:
A bill to be entitled an act to amend an act creating a new charter for the City of Calhoun, to change provisions for payment of school funds; and for other purposes.
HB 417. By Mr. Ingle of Gordon:
A bill to be entitled an act to amend an act entitled "Gordon Treas urer's Office Abolished, and County Depositories Provided"; to pro vide manner the funds of said county shall be deposited and disbursed; and for other purposes.
HB 421. By Messrs. Williams and Milhollin of Coffee:
A bill to be entitled an act to create the Douglas-Coffee County In dustrial Authority; to provide, purposes, duties, control and powers of said authority; and for other purposes.
HB 424. By Mr. Todd of Glascock:
A bill to be entitled an act to amend an act to reincorporate the Town of Mitchell in Glascock County, to increase tax rate limitations; and for other purposes.
HB 16. By Messrs. McKenna of Bibb, Bolton of Spalding, Murphy of Haralson, and others:
A bill to be entitled an act to amend the Georgia Securities Act; and for other purposes.
HB 246. By Mr. Murphy of Haralson:
A bill to be entitled an act to amend code chapter 91-8 pertaining to general provisions on inventory and sale of public property; and for other purposes.
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HB 365. By Messrs. Summers of Crisp, Andrews of Hall and Carr of Dooly:
A bill to be entitled an act to amend an act for the issuance of auto mobile license tags to disabled veterans; and for other purposes.
HB 409. By Messrs. Bradley and Keever of Bartow:
A bill to be entitled an act to amend an act creating a new charter for City of Cartersville, so as to give power to contract with other municipalities to provide public utilities such as water, natural gas, etc.; and for other purposes.
HB 425. By Messrs. Ployd and Loggins of Chattooga:
A bill to be entitled an act to consolidate the laws chartering the City of Summerville in the County of Chattooga; and for other pur poses.
HB 426. By Messrs. Smith of Emanuel, Twitty of Mitchell and others:
A bill to be entitled an act to amend an act known as the "University System Building Authority Act"; and for other purposes.
HB 427. By Messrs. Smith of Emanuel, Twitty of Mitchell, and others:
A bill to be entitled an act to amend an act known as the "State School Building Authority Act"; and for other purposes.
HB 430. By Mr. Twitty of Mitchell:
A bill to be entitled an act to authorize the Western & Atlantic Rail road Commission to enter into agreements to lease, option or refusal to lease, not binding the state until fully approved by a joint resolution of the General Assembly of Georgia; and for other purposes.
HB 432. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to be entitled an act to amend an act to create system of traffic courts for cities having a population of 300,000 or more, to fix salaries; and for other purposes.
The House has Adopted the following Resolutions of the House:
HR 31. By Mr. Brackin of Seminole:
A resolution to compensate Seminole County (State Parks Dept.); and for other purposes.
HR 36. By Messrs. Kidd and Chandler of Baldwin: A resolution to compensate J. L. Newsome; and for other purposes.
HR 47. By Mr. Phillips of Walton:
A resolution to compensate Mr. W. Guy Pannel for damages to his crops caused by chemicals sprayed on adjoining lands; and for other purposes.
THURSDAY, FEBRUARY 12, 1959
335
HR 48. By Mr. Phillips of Walton:
A resolution to compensate Mr. W. Guy Pannel for damage to crops caused by spraying adjoining lands; and for other purposes.
HR 66. By Mr. Strickland of Evans: A resolution to compensate Tommie T. Rogers; and for other purposes.
HR 123. By Mr. Walker of Telfair:
A resolution to authorize the Governor to convey certain property in Telfair County; and for other purposes.
HR 136. By Mr. Souter of Macon:
A resolution authorizing the conveyance of land to the City of Montezuma; and for other purposes.
HR 134. By Messrs. Paris of Barrow, Odom of Dougherty, and others:
A resolution relative to acquisition of Whitehall Plantation property in Chatham County; and for other purposes.
HR 161. By Messrs. Hollis of Muscogee, Wilkes of Cook and McCracken of Jefferson:
A resolution creating a committee to study House Bill No. 115; and for other purposes.
HR 189. By Mr. Melton of Spalding:
A resolution concerning the National Editorial Association; and for other purposes.
HR 188. By Messrs. Summers of Crisp and Odom of Dougherty:
A resolution placing the General Assembly on record as being opposed to token integration; and for other purposes.
HR 187. By Mr. Hale of Dade:
A resolution expressing regret at the passing of Dr. Daniel Spencer Middleton; and for other purposes.
The following hills and resolutions were introduced, read the first time and referred to committees:
SB 118. By Senator Brown of the 52nd:
A bill to amend the act establishing a pension system for officers and employees in cities having a population of more than 150,000, so as to provide for a transfer of funds from the pension system of such city to the pension fund of the State of Georgia if such officer or employee is transferred to a position of employment with the State of Georgia; and for other purposes.
Referred to the Committee on County and Municipal Governments.
336
JOURNAL OF THE SENATE,
SB 119. By Senator Perry of the 24th:
A bill to amend the act creating a charter for the Town of Buena Vista so as to lengthen the term of the Mayor for said city; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 120. By Senator Buff of the 44th:
A bill to amend the act incorporating the town of Ringgold so as to enlarge the corporate limits of said town; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 121. By Senator Buff of the 44th:
A bill to amend the act creating a charter for the town of Ringgold so as to provide for the hours of elections in said town; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 122. By Senator Buff of the 44th:
A bill to amend the act incorporating the town of Fort Oglethorpe so as to enlarge the corporate limits of said town; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 123. By Senator Buff of the 44th:
A bill to create the Board of Commissioners of Roads and Revenues for the County of Catoosa; to repeal conflicting laws; and for other purposes.
Referred to the Committee on County and Municipal Governments.
SB 124. By Senators Greer of the 6th, Slade of the 14th, Doster of the 48th, Nixon of the 35th and Marshall of the 28th:
A bill to amend the act establishing an Employees' Retirement System (Ga. Laws 1949, p. 138), so as to provide who shall be eligible for prior service accumulations; and for other purposes.
Referred to the Committee on Government Operations.
SB 125. By Senators Redwine of the 26th, Perry of the 24th and Wright of the 42nd:
A bill to amend the act relating to the regulation of rates for casualty insurance (Ga. Laws 1947, p. 1506), so as to change the procedure relating to the approval and disapproval of rate filings; and for other purposes.
Referred to the Committee on Industry and Labor.
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337
SR 45. By Senator Cleary of the 29th:
A resolution creating a committee of the House and Senate to inquire into the maintenance of hospital facilities available to Georgia Vet erans; and for other purposes.
Referred to the Committee on Rules.
SR 47. By Senator Lindsey of the llth:
A resolution by the Senate endorsing the proposal of establishing a "Hall of Flags" in our State Capitol Building; to request the appoint ment of a committee by the Governor; and for other purposes.
Referred to the Committee on Rules.
SR 46. By Senator Carlisle of the 51st:
A resolution proposing an amendment to the Constitution so as to increase the Senatorial Districts from fifty-four to sixty; and for other purposes.
Referred to the Committee on Rules.
HB 16. By Messrs. McKenna of Bibb, Bolton of Spalding, Murphy of Haralson, and others:
A bill to amend the Georgia Securities Act; and for other purposes.
Referred to Committee on Judiciary.
HB 183. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend an act creating a new charter for the Town of Decatur, now City of Decatur; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 246. By Mr. Murphy of Haralson:
A bill to amend code chapter 91-8 pertaining to general provisions on inventory and sale of public property; and for other purposes.
Referred to the Committee on Government Operations.
HB 261. By Messrs. Trotter of Troup, Jones of Crawford and many others:
A bill to amend an act creating the Peace Officers' Annuity and Benefit Fund, to clarify and provide for staggered terms for members of the board from the association; and for other purposes.
Referred to the Committee on Rules.
HB 328. By Messrs. Cheek of Taylor and Rutland of DeKalb:
A bill to provide that motor carrier inspectors of the Georgia Public Service Commission be police officers of this State; and for other pur poses.
Referred to Committee on Public Utilities and Transportation.
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JOURNAL OP THE SENATE,
HB 363. By Mr. Shuman of Bryan:
A bill to amend an act revising and consolidating laws relating to the State Game and Fish Commission; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 365. By Messrs. Summers of Crisp, Andrews of Hall and Carr of Dooly:
A bill to amend an act for the issuance of automobile license tags to disabled veterans; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
HB 373. By Mr. NeSmith of Meriwether:
A bill to amend the charter of the City of Manchester; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 374. By Messrs. Ray of Warren, Smith of Emanuel and others:
A bill to provide payment of teachers in the public school system of Georgia in event of the school closing by Executive Order; and for other purposes.
Referred to Committee on Educational Matters.
HB 376. By Mr. Williams of Coffee:
A bill to amend an act creating the office of Commissioner of Roads and Revenues in the County of Coffee; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 397. By Messrs. Killian of Glynn, Ballard of Newton and others:
A bill to amend an act relating to suits by infant; and for other pur poses.
Referred to Committee on Judiciary.
HB 407. By Messrs. Bradley and Keever of Bartow:
A bill to amend an act creating a new charter for the City of Cartersville, so as to change the corporate limits; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 408. By Messrs. Bradley and Keever of Bartow:
A bill to amend an act incorporating the Town of Adairsville, so as to provide that said city may contract with other municipalities to furnish public utility service; and for other purposes.
Referred to the Committee on County and Municipal Governments.
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339
HB 409. By Messrs. Bradley and Keever of Bartow:
A bill to amend an act creating a new charter for the City of Cartersville, so as to give power to contract with other municipalities to provide public utilities such as water, natural gas, etc.; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 410. By Messrs. Bradley and Keever of Bartow:
A bill to amend an act creating a new charter for the City of Cartersville, so as to change the corporate limits of said city; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 411. By Messrs. Bradley and Keever of Bartow: A bill incorporating the City of Emerson; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 412. By Messrs. Bradley and Keever of Bartow:
A bill to amend an act creating a new charter for the City of Cartersville, so as to change the corporate limits; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 413. By Messrs. Bradley and Keever of Bartow:
A bill to amend an act incorporating the City of Adairsville, so as to extend and redefine the corporate limits; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 414. By Messrs. Trotter and Lam of Troup:
A bill to amend an act relating to fees paid to coroners, to provide that the coroner in Troup shall be paid a salary in lieu of fees; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 415. By Mr. Ingle of Gordon:
A bill to amend an act creating a new charter for the City of Calhoun, to change provisions for payment of school funds; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 417. By Mr. Ingle of Gordon:
A bill to amend an act entitled "Gordon's Treasurer's Office Abolished, and County Depositories provided," to provide manner of funds of said county shall be deposited and disbursed; and for other purposes.
Referred to the Committee on County and Municipal Governments.
340
JOURNAL OF THE SENATE,
HB 421. By Messrs. Williams and Milhollin of Coffee:
A bill to create the Douglas-Coffee County Industrial Authority; to provide purposes, duties, control and powers of said authority; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 424. By Mr. Todd of Glascock: A bill to amend an act to reincorporate the Town of Mitchell in Glas cock County, to increase tax rate limitations; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 425. By Messrs. Floyd and Loggins of Chattooga: A bill to consolidate the laws chartering the City of Summerville in the County of Chattooga; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 426. By Messrs. Smith of Emanuel, Twitty of Mitchell and others: A bill to amend an act known as the "University System Building Authority Act"; and for other purposes.
Referred to Committee on Educational Matters.
HB 427. By Messrs. Smith of Emanuel, Twitty of Mitchell and others:
A bill to amend an act known as the "State School Building Authority Act"; and for other purposes.
Referred to Committee on Educational Matters.
HB 430. By Mr. Twitty of Mitchell:
A bill to authorize the Western and Electric Railroad Commission to enter into agreements to lease, option or refusal to lease, not binding the State until fully approved by a Joint Resolution of the General Assembly of Georgia; and for other purposes.
Referred to the Committee on Rules.
HB 432. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend an act to create system of traffic courts for cities having a population of 300,000 or more, to fix salaries; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HR 31. By Mr. Brackin of Seminole:
A resolution to compensate Seminole County (State Parks Dept.); and for other purposes.
Referred to Committee on Appropriations.
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341
HR 36. By Messrs. Kidd and Chandler of Baldwin: A resolution to compensate J. L. Newsome; and for other purposes.
Referred to Committee on Appropriations.
HR 47. By Mr. Phillips of Walton:
A resolution to compensate Mr. W. Guy Pannel for damages to his crops caused by chemicals sprayed on adjoining lands; and for other purposes.
Referred to Committee on Appropriations.
HR 48. By Mr. Phillips of Walton:
A resolution to compensate Mr. W. Guy Pannel for damage to crops caused by spraying adjoining lands; and for other purposes.
Referred to Committee on Appropriations.
HR 66. By Mr. Strickland of Evans: A resolution to compensate Tommie T. Rogers; and for other purposes.
Referred to Committee on Appropriations.
HR 123. By Mr. Walker of Telfair:
A resolution to authorize the Governor to convey certain property in Telfair County; and for other purposes.
Referred to Committee on Rules.
HR 136. By Mr. Souter of Macon:
A resolution authorizing the conveyance of land to the City of Montezuma; and for other purposes.
Referred to Committee on Rules.
The following bills and resolutions were read the second time:
SB 108. By Senator Dykes of 2nd:
A bill to create a new charter for the City of Hinesville in the County of Liberty; to provide for elections; and for other purposes.
SB 109. By Senator Carlisle of 51st:
A bill to repeal the act known as the "Structural Pest Control Act" (Ga. Laws 1955, p. 564); and for other purposes.
SB 110. By Senator Jernigan of 5th:
A bill to provide for the preparation and filing for record of maps and plats with the Clerk of the Superior Courts; and for other purposes.
342
JOURNAL OF THE SENATE,
SB 111. By Senator Greer of 6th:
A bill to amend the act creating the Georgia Board of Landscape Architects (Ga. Laws 1958, p. 400), so as to redefine the practice of landscap architecture; and for other purposes.
SB 112. By Senator Brown of 52nd:
A bill to amend the Act establishing a method for providing fire prevention systems in the unincorporated portion of Pulton County so as to provide for two full-time employees at each station; and for other purposes.
SB 113. By Senators Kennedy of 47th, Culpepper of 7th, Lindsey of llth, Doster of 48th and Redwine of 26th:
A bill to be known as the "Massage Registration Act"; to provide for registration of persons engaged in the practice of massage; and for other purposes.
SB 114. By Senator Brown of 52nd:
A bill to amend the act providing for the construction of fire stations in the unincorporated areas of Fulton County; to provide for fire dis tricts, (Ga. Laws 1953, p. 2706), so as to provide for the levy of a tax within the fire district; and for other purposes.
SB 115. By Senator Mercer of 49th:
A bill to amend the charter of the City of Metter, Georgia, so as to change the salary of the City Clerk; and for other purposes.
SB 116. By Senator Edenfield of 16th:
A bill to amend the Act incorporating the City of Twin City in Emanuel County, so as to change the number of wards; and for other purposes.
SB 117. By Senator Lindsey of 53rd:
A bill to amend the Act creating a Board of Commissioners of Roads and Revenues for Cook County, so as to increase the compensation of the members of said Board; and for other purposes.
SR 38. By Senators Jernigan of the 5th, Marshburn of the 33rd, Lanier of the 20th, Sanders of the 18th, Culpepper of the 7th, Mercer of the 49th, Gearreld of the 37th, Marshall of the 28th, Purcell of the 31st, Screws of the 9th, Roach of the 39th and Barrett of the 45th:
A resolution to create a committee composed of the Senate and House to study the effectiveness of high school training in preparing students for college work; and for other purposes.
SR 39. By Senator Mobley of the 17th:
A resolution authorizing the Governor to convey the Waynesboro State Farmers Market property to Burke County; and for other purposes.
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343
SR 40. By Senators Doster of the 48th, Lindsey of the llth, Perry of the 24th and Kennedy of the 47th:
A resolution authorizing the Agricultural and Natural Resources Com mittee to visit the various Agricultural and Natural Resources Insti tutions of the State; and for other purposes.
SR 43. By Senators Holton of the 46th, Sanders of the 18th, Ramsey of the 1st, Lanier of the 20th and Roper of the 19th:
A resolution creating the Georgia Commission on Co-Ordination of Highway Problems; and for other purposes.
HB 32. By Mr. Irvin of Habersham:
A bill to provide for execution of bond by school principals conditioned upon the accounting of all funds; and for other purposes.
HB 51. By Messrs. Busbee and Odom of Dougherty:
A bill to provide that the provisions of this act be related particularly to substitute birth certificates for adopted children; and for other purposes.
HB 70. By Messrs. Lanier of Candler and Fowler of Douglas:
A bill to regulate registration, labeling, analysis, inspection and sale of agricultural limestone; and for other purposes.
HB 92. By Mr. Musgrove of Clinch:
A bill to amend an act creating the "State Board of Registration for Foresters"; and for other purposes.
HB 165. By Mr. Dicus of Muscogee:
A bill to amend an act providing examination of master and journey men plumbers and steamfitters in certain counties and cities; and for other purposes.
HB 184. By Messrs. Lanier of Candler and Ray of Warren:
A bill to be known as "Georgia Seed Development Act"; to create the "Georgia Seed Development Commission"; and for other purposes.
HB 210. By Messrs. McKenna, Wilson and Phillips of Bibb and others:
A bill to amend an act creating a Department of Public Safety, that the operator or chauffeur accompanying holder of learner's license must be 21; and for other purposes.
HB 229. By Messrs. Otwell of Forsyth and others:
A bill to amend an act relating to qualifications of directors of state banks; and for other purposes.
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JOURNAL OF THE SENATE,
HB 248. By Mr. Bowen of Randolph:
A bill to authorize administrators and executors to sell livestock and poultry at public sales establishments where such sale is in best interest of the estate; and for other purposes.
HB 301. By Mr. Trotter of Troup:
A bill to repeal a resolution creating the "All-South Centennial Com mittee of Georgia"; and for other purposes.
HB 307. By Messrs. McCracken of Jefferson and others:
A bill to authorize the governing authorities of the several munici palities and counties to establish separate or joint planning commis sions; and for other purposes.
HB 313. By Messrs. Cox and Matthews of Clarke:
A bill relating to compensation of county treasurers in certain counties; and for other purposes.
HB 314. By Messrs. Hodges and Parker of Ware:
A bill to create the office of Commissioner of Roads and Revenues of Ware; and for other purposes.
HB 337. By Mr. Wells of Peach:
A bill to amend an act creating a charter for the City of Fort Valley; and for other purposes.
HB 338. By Messrs. Story and Morgan of Gwinnett:
A bill to amend an act to create and incorporate a new municipality in Gwinnett County to be known as the City of Berkeley Lake; and for other purposes.
HB 339. By Mr. Otwell of Forsyth:
A bill to amend an act placing the sheriff of Forsyth County on a salary system; and for other purposes.
HB 340. By Mr. Barrett of Cherokee:
A bill to change from fee to salary system in Cherokee County, the Sheriff, the Clerk of Superior Court and others; and for other purposes.
HB 341. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act establishing a new charter for the City of College Park; and for other purposes.
HB 342. By Messrs. Blalock and Lee of Clayton:
A bill to amend an act incorporating the Town of Forest Park, so as to change the corporate limits; and for other purposes.
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345
HB 343. By Mr. Walker of Telfair:
A bill to amend an act creating the office of the Telfair County Tax Commissioner; and for other purposes.
HB 344. By Mr. Walker of Telfair:
A bill to amend an act creating the office of Commissioner of Roads and Revenues of Telfair County; and for other purposes.
HB 345. By Mr. Walker of Telfair:
A bill to amend an act creating a new charter for the City of McRae; and for other purposes.
HB 346. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act establishing a new charter for the City of College Park; and for other purposes.
HB 347. By Mr. Walker of Telfair:
A bill to amend an act to increase the salary of the Tax Commissioner of Telfair County; and for other purposes.
HB 348. By Mr. Freeman of Monroe:
A bill to amend the charter of the City of Forsyth; and for other purposes.
HB 354. By Messrs. Fuqua, Fleming and Edwards of Richmond:
A bill creating the Augusta Port Authority; and for other purposes. HB 356. By Mr. Hollis of Muscogee:
A bill to amend an act to provide for residence requirements of appli cations for continuances on grounds of absent witnesses; and for other purposes.
HB 359. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of College Park; and for other purposes.
HB 360. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of College Park; and for other purposes.
HB 361. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill establishing a new charter for the City of College Park; and for other purposes.
HB 362. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend an act creating a new charter for the City of Atlanta, relating to business licenses; and for other purposes.
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JOURNAL OP THE SENATE,
HB 367. By Messrs. Fuqua, Fleming and Edwards of Richmond:
A bill to amend the charter of the City of Augusta, so as to provide for payment of entrance fees by candidates for mayor and membership in council; and for other purposes.
HB 368. By Mr. Ballard of Newton:
A bill to amend an act to provide a board of directors for Newton County; and for other purposes.
HB 369. By Mr. Ballard of Newton:
A bill to change the compensation of the sheriff and other officers of Newton County; and for other purposes.
HB 371. By Mr. Ballard of Newton:
A bill to amend an act to create a new charter for the Town of Oxford; and for other purposes.
HB 380. By Mr. Dorminy of Ben Hill:
A bill to amend an act relating to the charter for the City of Fitzgerald; and for other purposes.
HB 383. By Messrs. Smith, McClelland and Brooks of Fulton:
A bill to amend an act providing that cities having a certain popula tion shall furnish pensions to officers and employees; and for other purposes.
HB 387. By Messrs Brooks, McClelland and Smith of Fulton:
A bill to amend an act to incorporate the City of Hapeville, to extend the city limits; and for other purposes.
HB 390. By Messrs. Brooks, McClelland and Smith of Fulton:
A bill to amend an act to incorporate the City of Hapeville, so as to extend the city limits; and for other purposes.
HB 394. By Messrs. Smith, McClelland and Brooks of Fulton:
A bill to provide in counties having a certain population return of real estate and personal property for taxation, shall continue auto matically in force until a different assessment is made; and for other purposes.
HB 401. By Messrs. Keever and Bradley of Bartow and others:
A bill to provide for the terms of the superior courts in the counties of the Cherokee Judicial Circuit; and for other purposes.
HB 404. By Messrs. McClelland, Smith and Brooks of Fulton:
A bill to amend an act providing certain qualifications for Ordinaries in counties having a certain population; and for other purposes.
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347
HB 389. By Messrs. Brooks of Fulton and others:
A bill to repeal an act relating to the first grant of a new trial, to require the judge to state the ground or grounds for granting said new trial; and for other purposes.
HR 59. By Messrs. Melton and Bolton of Spalding and others:
A resolution relating to preparation of complete outline of grades and courses in the public schools of this State; and for other purposes.
HR 124. By Mr. Freeman of Monroe:
A resolution authorizing the State Librarian to furnish certain law books to the library of Monroe County Superior Court; and for other purposes.
Senator Vaughn of the 34th District, Secretary of the Committee on Rules, submitted the following report:
Mr. President: Your Committee on Rules has had under consideration the following bills
and resolutions of the Senate and House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
SB 88. Do Pass. SR 35. Do Pass. HR 100. Do Pass. HR 78. Do Pass. HR 117. Do Pass. HB 325. Do Pass.
Respectfully submitted, Vaughn of 34th District, Secretary.
Senator Lindsey of the llth District, Secretary of the Committee on Agri culture and Natural Resources, submitted the following report:
Mr. President:
Your Committee on Agriculture and Natural Resources has had under consideration the following bills of the House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
HB 184. Do Pass.
HB 324. Do Pass.
Respectfully submitted,
Lindsey of llth District,
Secretary.
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JOURNAL OP THE SENATE,
Senator Brooks of the 23rd District, Chairman of the Committee on Banking and Finance, submitted the following report:
Mr. President:
Your Committee on Banking and Finance has had under consideration the following bills and resolution of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 249. Do Pass.
HR 116. Do Pass.
Respectfully submitted,
Brooks of 23rd District,
Chairman.
Senator Wright of the 42nd District, Chairman of the Committee on In dustry and Labor, submitted the following report: Mr. President:
Your Committee on Industry and Labor has had under consideration the following bills of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 50. Do Pass.
HB 227. Do Pass. HB 364. Do Pass as amended.
Respectfully submitted, Wright of 42nd District,
Chairman.
Senator Jernigan of the 5th District, Chairman of the Committee on Educational Matters, submitted the following report:
Mr. President:
Your Committee on Educational Matters has had under consideration the following bill and resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the Senate with the following recom mendations:
SR 38. Do Pass.
HB 240. Do Pass.
HR 59. Do Pass. Respectfully submitted,
Jernigan of 5th District,
Chairman.
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349
Senator Greer of the 6th District, Secretary of the Committee on Govern ment Operations, submitted the following report:
Mr. President:
Your Committee on Government Operations has had under consideration the following bills and resolution of the House and Senate and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
HB 354. Do Pass.
SB 111. Do Pass.
SR 39. Do Pass.
Respectfully submitted,
Greer of 6th District,
Secretary.
Senator Brown of the 52nd District, Chairman of the Committee on County and Municipal Governments, submitted the following report: Mr. President:
Your Committee on County and Municipal Governments has had under consideration the following bills of the House and Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 266. Do Pass. HB 268. Do Pass. HB 269. Do Pass. HB 254. Do Pass. HB 270. Do Pass. HB 265. Do Pass. HB 153. Do Pass. HB 285. Do Pass. HB 177. Do Pass. HB 284. Do Pass. HB 149. Do Pass. HB 286. Do Pass. HB 283. Do Pass. HB 154. Do Pass. HB 311. Do Pass. HB 178. Do Pass. HB 318. Do Pass.
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JOURNAL OF THE SENATE,
HB 267. Do Pass. HB 320. Do Pass. HB 302. Do Pass. SB 105. Do Pass. SB 106. Do Pass.
Respectfully submitted, Brown of 52nd District, Chairman.
Senator Jordan of the 25th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bill of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
SB 102. Do Pass.
Respectfully submitted,
Jordan of 25th District,
Chairman.
The following local, uncontested bills and resolutions, favorably reported by the committees, were read the third time and put upon their passage:
SB 104. By Senator Livingston of the 38th:
A bill to prohibit the distribution of printed matter on behalf of any candidate in counties having a population of not less than 30,500 nor more than 31,000; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 105. By Senator Marshburn of the 33rd: A bill to amend the act incorporating the Town of Homer so as to increase the corporate limits of said town; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed.
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351
SB 106. By Senator Brown of the 52nd: A bill to amend the act providing for the retirement of Judges and Solicitor General of Fulton County Civil and Criminal Court (Ga. Laws 1946, p. 299), so as to allow credit under said act for prior service with the City of Atlanta or other county; and for other pur poses.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 149. By Messrs. Brooks, McClelland and Smith of Fulton: A bill to amend an act creating a new charter for the City of Atlanta, creating the position of Judge Emeritus; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 153. By Messrs. Brooks McClelland and Smith of Fulton: A bill to amend an act establishing a new charter for the City of Atlanta, relating to Land Lot 101 of the 14th District (East Point) of Fulton County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 154. By Messrs. Brooks, McClelland and Smith of Fulton:
A bill to amend an act establishing a new charter for the City of East Point, relating to Land Lot 101 (East Point); and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE SENATE,
HB 177. By Mr. Jones of Crawford:
A bill to create the office of Tax Commissioner of Crawford County; and for other purposes.
The report of the committee, -which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 254. By Mr. Wells of Oconee:
A bill to amend an act incorporating the Town of Bogart; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 178. By Mr. Jones of Crawford:
A bill to provide that the tax receiver shall be paid from ad valorem school tax collected for the board of education a commission of two and one-half percent of the net amount collected in counties having a population of not less than 5,975 and not more than 6,500; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 265. By Mr. Steis of Harris:
A bill to amend an act relating to the compensation of the Board of Commissioners of Roads and Revenues of Harris County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 12, 1959
353
HB 266. By Messrs. Bolton and Melton of Spalding:
A bill to amend the charter of the City of Griffin, to enlarge the city limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 267. By Messrs. Bolton and Melton of Spalding:
A bill to amend the charter of the City of Griffin, to provide for a fund known as "The Water, Light and Sewerage Department Emer gency Reserve Fund" of the City of Griffin; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 268. By Messrs. Melton and Bolton of Spalding:
A bill to amend the charter of the City of Griffin, to establish a fund known as "The Cemetery Trust Fund" of the City of Griffin; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 269. By Messrs. Bolton and Melton of Spalding:
A bill to amend the charter of the City of Griffin, to enlarge the powers of the Board of Commissioners of said city; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 270. By Mr. Callier of Talbot: A bill to amend an act creating the office of Tax Commissioner of Talbot County; and for other purposes.
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The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 283. By Messrs. Reed, Willingham and Holcombe of Cobb:
A bill to amend an act relating to abolition of fee system in Cobb County and fixing salaries of Sheriff, Ordinary, Clerk of Superior Court; to provide for Chief Deputy Clerk, etc.; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 284. By Messrs. Willingham, Holcombe and Reed of Cobb:
A bill to amend an act incorporating the City of Powder Springs so as to increase the corporate limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 285. By Messrs. Willingham, Reed and Holcombe of Cobb:
A bill to amend an act establishing a new charter for the Town of Acworth; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 286. By Messrs. Willingham, Reed and Holcombe of Cobb:
A bill to amend an act creating a new charter for the City of Kennesaw; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
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On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 302. By Mr Summers of Crisp:
A bill to amend an act creating and establishing new charter for the City of Cordele so as to increase the city limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 311. By Mr. Miller of Elbert:
A bill to amend an act incorporating the City of Elberton, so as to provide certain procedures relating to the sale of city property; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 318. By Messrs. Killian and Gowen of Glynn:
A bill to amend the charter of the City of Brunswick; to confer addi tional powers upon city commission to close portions of certain streets; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 320. By Messrs. Mackay, McWhoirter and Rutland of DeKalb:
A bill to amend an act pertaining to the governing authority of DeKalb County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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The following general bills, favorably reported by the committees, were read the third time and put upon their passage:
SB 75. By Senators Carlisle of the 51st and Greer of the 6th:
A bill to authorize the General Assembly or any committee thereof to hold hearings relative to proposed legislation and other matters and to issue subpoenas requiring the attendance and testimony of witnesses and the production of books, papers, records, documents and other evidence; to provide for funds to defray expenses incurred hereunder; to repeal conflicting laws; and for other purposes.
The Committee on Rules offered the following substitute:
A BILL
To be entitled an Act to authorize the General Assembly and each House thereof to hold hearings relative to proposed legislation and other matters and to issue subpoenas requiring the attendance and testimony of witnesses and the production of books, papers, records, documents and other evidence; to authorize each House of the Gen eral Assembly to delegate to any of its committees the same subpoena powers which the said House has; to provide for procedure relative thereto; to declare it a misdemeanor for any witness to fail or refuse to respond to any such subpoena, or to answer any question pro pounded to him; to provide for enforcement of said subpoena by the Superior Court by attachment for civil contempt; to provide for the taking of testimony by depositions before court commissioner as pro vided in Code Chapter 38-28; to provide for reporting and transcribing of said hearings; to provide for admission thereof into evidence in Court proceedings brought under this Act; to provide that the criminal statutes relating to false swearing and subornation of false swearing shall apply to all witnesses testifying before any committee or before either House; to provide that this Act shall not repeal or supersede special Acts or Resolutions creating specific committees; to provide for funds to defray any expenses incurred hereunder; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) The House of Representatives and the Senate, when sitting separately or in joint session, each shall have the power and authority to hold hearings relative to legislation pro posed or under study, or with reference to any other valid legis lative purpose authorized by the Constitution or laws of Georgia, and to issue subpoenas and other compulsory process requiring the attendance and testimony of witnesses, and the production of books, papers, records, documents and other evidence pertinent or material to the inquiry or investigation, at any such hearing.
(b) The House of Representatives and the Senate, each, shall have the power and authority to delegate to and to confer upon any one of its committees, without the need of the concurrence of the other House, full power and authority to compel attendance before the committee of persons as witnesses who shall be re quired to testify by and before said committee and to give evidence of the matters inquired of, by the committee, and to produce documentary and other evidence anywhere within the State of
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357
Georgia; all for the information of the committee to aid it in the furtherance of its duties performed as a part of the legislative process. The same powers may be delegated to a joint committee of both Houses by action of one House.
Section 2. Such subpoenas or compulsory process shall be issued in the name of the General Assembly of Georgia. Such subpoenas or compulsory process shall be signed by the chairman or acting chairman of the committee when involving a hearing before that committee. As to subpoenas issued by either House itself, they shall be signed by the Speaker of the House of the Acting Speaker, or by the President of the Senate or Acting President, as the case may be. The subpoenas may be served by any member of the Georgia State Patrol or by any sheriff or deputy sheriff of this State, or by any member or duly authorized agent of the Committee or by any member of the House or any member of the Senate, as the case may be. The person perfecting service of the subpoena shall make his return of service on a duplicate or copy of the subpoena and return it to that body requiring the attendance of the witness or the production of evi dence, the committee, the House, or the Senate, as the case may be.
Section 3. Any member of the Committee or of the House or of the Senate shall be authorized to administer oaths to any and all witnesses.
Section 4. Any person, whether that person be an individual or a partnership or corporation or other association or organiza tion, failing to appear in response to any subpoena as therein required, or failing to produce as required by the subpoena duces tecum any papers, documents, books or other evidence, and any such person failing or refusing, without legal cause, to answer any question propounded to him, shall be guilty of a misdemeanor and after conviction therefor shall be punished as provided by law. In addition, the testimony of such witness or the production of any books, records, documents or other evidence may be com pelled by the Superior Court having jurisdiction over the person of the person under subpoena to appear or to produce evidence. Upon the certification to the Judge of said Superior Court by the chairman or acting chairman of the committee, or by the Speaker or Acting Speaker of the House, or by the President or Acting President of the Senate, as the case may be, that one under subpoena to testify or to produce evidence has willfully failed to appear as required by the subpoena or to testify or to produce the required evidence, it shall be the duty of the said Judge to order said person under subpoena to show cause before said Judge, why said person under subpoena should not be held in civil con tempt and, upon the failure or refusal of the one under subpoena to comply with it and to give the testimony or other evidence required by the subpoena, he shall be held in contempt and pun ished. At the hearing upon said order to show cause, the defendant shall not be ordered imprisoned under said civil contempt process until opportunity has been afforded him to purge himself there from. Upon request, the Attorney General shall serve as counsel for the House or Senate or any committee of either of those two bodies.
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Section 5. The House or Senate, or any committee of either of those bodies, as the case may be, shall cause all witnesses appearing and before testifying to be advised (1) That they have the right to be represented by counsel, if they so desire; (2) as to the subject-matter under investigation and the purpose of the investigation; and (3) upon objection by any witness upon the ground of pertinency, the manner in which the propounded ques tion is pertinent. Any person who fails or refuses to answer a question as referred to in Section 4, before being adjudged guilty of a misdemeanor or certified for civil contempt, shall be duly informed of the consequences of such refusal or failure. No witness shall be compelled to incriminate himself, nor shall any witness be subjected to abuse while being examined.
Section 6. The House, the Senate, and any committee of either of those two bodies, as the case may be, may provide for steno graphic reporting and transcribing of all such hearings, and such transcript of evidence, where otherwise relevant, shall be ad missible in any civil or criminal proceeding brought in any court under Section 4 or Section 8 hereof.
Section 7. In lieu of eliciting testimony at formal hearings as hereinbefore provided, the House, the Senate, and any com mittee of either of those two bodies may take the testimony of any witness by depositions before a court commissioner as pro vided in Georgia Code Chapter 38-23. The provisions of said chapter shall apply, as to procedure when not inconsistent here with, and such depositions shall be returned by the Commissioner under seal to the Speaker or Acting Speaker of the House or to the President or Acting President of the Senate or to the Chairman of Acting Chairman of the Committee, as the case may be. The provisions of Section 4 herein relating to punishment and enforce ment shall apply with respect to depositions taken or sought to be taken hereunder.
Section 8. The provisions of the Georgia Code, Sections 264003, 26-4004, 26-4005 and 26-4006, relating to the offense of false swearing and subornation of false swearing, shall be applicable to all witnesses testifying before any committee as hereinbefore referred to.
Section 9. The provisions of this Act shall not supercede or repeal the provisions of any special Act or Resolution authorizing specific committees to hold hearings and governing the procedure thereof, but this Act shall be construed as being supplementary thereto, and shall apply only to the extent that the provisions hereof are not in conflict with the provisions of such special Act or Resolution.
Section 10. All funds necessary to defray expenses incurred under the provisions of this Act shall be payable, upon proper certification thereof to the State Treasurer by the Chairman of the Committee, the Speaker of the House, or the President of the Senate, as the case may be, out of funds appropriated by law for operation of the legislative department or from any other avail able funds.
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359
Section 11. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, the ayes were 39, nays 0, and the sub stitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 107. By Senators Jordan of the 25th and Sanders of the 18th:
A bill to amend the act known as the Mineral Leasing Commission Act (Ga. Laws 1945, p. 352), so as to strike the limitation on quantity of lands leased; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SR 37. By Senators Jordan of the 25th and Sanders of the 18th:
A resolution authorizing the Secretary of State as a Surveyor General of Georgia to contract for the survey and topographing of the Georgia Atlantic Coast Line; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 38, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 264. By Messrs. Smith of Emanuel, Bagby of Paulding and others:
A bill to amend an act to authorize the establishment of Merit System of Personnel Administration, to except employees holding positions in confidential nature; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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HR 116. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A resolution to ratify, approve and confirm the executive order of the Governor dated February 2, 1959, suspending collection of tax penalties occasioned by urban transit systems; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the aVes were 38, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 298. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A bill to amend an act known as the "Stone Mountain Memorial Asso ciation Act" by providing for acquisition of area necessary for pur poses of act; to fix amount of bonds which may be issued; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 2.
The bill, having received the requisite constitutional majority, was passed.
HB 323. By Mr. Willingham of Cobb:
A bill to amend an act entitled "Housing Authorities Law," so as to authorize dormitory housing construction at any member institution of University of Georgia; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 102. By Senators Vaughn of the 34th, Culpepper of the 7th and Jordan of the 25th:
A bill to amend the act creating the position of Judge Emeritus of the Court of Appeals of Georgia, so as to repeal that portion of said act which provides that judges of said court who are defeated in an election shall not be eligible to be appointed Judge Emeritus; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
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361
The bill, having received the requisite constitutional majority, was passed.
HB 272. By Messrs. Cox of Clarke, Gowen of Glynn, Hollis of Muscogee and Underwood of Montgomery:
A bill to revise the judiciary practices and procedures of this State; to enable unincorporated organizations or associations to sue and be sued as entities in their common names in the courts of this State; and for other purposes.
Senator Greer of the 6th offered the following amendment:
Amend HB 272 by adding at the end of section 5 the following:
"No such judgment shall be enforced against the individual property of any member of an unincorporated association unless such member has personally participated in the transaction for which said action was instituted."
On the adoption of the amendment, the ayes were 41, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 41, nays 3.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Culpepper of the 7th asked unanimous consent that HB 272 be immediately transmitted to the House.
The consent was granted.
HB 19. By Messrs. Brooks of Fulton, Rowland of Johnson and others:
A bill to regulate and provide for supervision of the business of private employment agencies; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 47. By Mr. Holcombe of Cobb:
A bill to provide that it shall be unlawful for any person to operate motor vehicle upon public roads of this State so as to race or other wise engage in contest of speed; and for other purposes.
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The Committee on Government Operations offered the following amendment:
Amend HB 47 by inserting in line 3 of sub-section (e) after the word "motorcycle" a comma and the words "motor scooter".
On the adoption of the amendment, the ayes were 35, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 249. By Messrs. Fuqua of Richmond, McCracken of Jefferson and Phillips of Columbia:
A bill to amend an act relating to bank taxation so as to provide for proper market value of shares of the bank, where the bank owns capital stock of a holding corporation which owns the bank premises; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 250. By Messrs. Fuqua of Richmond, McCracken of Jefferson and Phillips of Columbia:
A bill to authorize state banks to invest in all the capital stock of a holding corporation owning premises in which the bank carries on its business; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 29. By Mr. Jones and Undercofler of Sumter and Carr of Dooly:
A resolution to name the Americus-Vienna Bridge as the "Luther Storey Bridge"; and for other purposes.
Senator Home of the 13th offered the following amendment:
Amend HR 29 by striking the word "Storey" wherever it may be used therein and inserting in lieu thereof the word "Story."
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363
On the adoption of the amendment, the ayes were 36, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.
On the adoption of the resolution, the ayes were 35, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
HB 216. By Mr. Newton of Colquitt: A bill to amend an act relating to wilful trespass upon lands of another, unlawful, whether enclosed, cultivated, uncultivated, etc.; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 130. By Mr. McClelland of Fulton: A bill to amend an act providing for the establishment and mainten ance of common trust funds; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 224. By Mr. Orr of Wilkes: A bill to amend an act relating to service of process upon non-resident corporations doing business in Georgia, requiring copies of petition and process be furnished Secretary of State; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 225. By Mr. Orr of Wilkes: A bill to amend an act authorizing corporations to act in fiduciary
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capacities, requiring two copies of legal process and petition against a foreign corporation; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 226. By Mr. Orr of Wilkes:
A bill to amend an act providing service of process on non-resident trustees, so as to require two copies of the petition, etc.; be filed with the Secretary of State; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 234. By Mr. Cheatham of Chatham:
A bill to amend an act relating to appointment of new trustees when the sole or surviving trustee shall resign or become disqualified; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 138. By Mr. McKenna of Bibb: A bill to amend an act providing for admissions of facts and genuine ness of documents; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Ramsey of the 1st District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report: Mr. President:
Your Committee on Senate Administrative Affairs has read and examined
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365
the following bills and/or resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the Governor:
SB 11. SB 12. SB 13. SB 14. SB 15. SB 16. SB 17. SB 18. SB 19. SB 20. SB 21. SB 22. SB 23.
Respectfully submitted, Ramsey of the 1st District, Chairman.
Senator Ramsey of the 1st District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bills and/or resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the House:
SB 78. SB 79. SB 83. SB 87. SB 89. SB 90. SB 92.
SB 93. SB 96. SB 97.
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SB 98. SB 99. SR 42.
Respectfully submitted, Ramsey of the 1st District, Chairman.
The following resolutions were read and adopted:
HR 154. By Messrs. Smith of Emanuel and Johnson of Jenkins:
A resolution extending congratulations to Honorable Walter Harrison; and for other purposes.
HR 155. By Mr. Smith of Emanuel:
A resolution expressing appreciation to the American Bible Society; and for other purposes.
HR 156. By Messrs. Smith, Brooks and McClelland of Fulton:
A resolution designating the North Fulton Special Choir of the North Fulton High School the Official Choir of the State of Georgia during its tour through Europe this summer.
HR 157. By Messrs. Floyd of Chattooga, McKenna of Bibb, Magoon of Hart and others:
A resolution relative to Veterans Administration hospitals in Georgia; and for other purposes.
Senator Culpepper of the 7th moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.
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367
Senate Chamber, Atlanta, Georgia, Friday, February 13, 1959.
The Senate met pursuant to adjournment at 10:00 o'clock this morning and was called to order by the president.
Scripture reading and prayer was offered by the chaplain.
By unanimous consent the call of the roll was dispensed with.
Senator Clary of the 29th reported that the journal of yesterday's proceed ings had been read and found correct.
By unanimous consent the reading of the journal was dispensed with and the journal was confirmed.
Senator Sanders of the 18th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.
The consent was granted.
The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House and Senate, to wit:
HR 38. By Messrs. Payton and Blalock of Coweta:
A resolution to compensate Wilbur F. Powers of Newnan, Georgia; and for other purposes.
HR 39. By Mr. Odom of Camden:
A resolution proposing amendment to Constitution to authorize the governing authority of City of St. Marys to bind said city by contract with any corporation, partnership or individual; and for other purposes.
HR 46. By Messrs. Lee and Blalock of Clayton:
A resolution proposing an amendment to the Constitution to provide for the establishment of fire prevention districts in Clayton County; and for other purposes.
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JOURNAL OF THE SENATE,
HB 110. By Messrs. Fowler of Douglas and Lanier of Candler:
A bill to be entitled an act relating to meat, poultry, and dairy proc essing plants, to authorize the Commissioner to adopt rules to maintain adequate inspection program; and for other purposes.
SB 62. By Senator Lindsey of the 53rd:
A bill to be entitled an act to amend an act creating a charter for the Town of Lenox so as to change the length of the term of the councilmen for said town; and for other purposes.
SB 66. By Senator Marshburn of the 33rd:
A bill to be entitled an act to amend an act creating a Board of Commissioners of Roads and Revenues for Banks County, approved Aug. 19, 1916 (Ga. Laws 1916, p. 349), as amended, so as to increase the compensation of the Clerk of the Board; to repeal conflicting laws; and for other purposes.
SB 69. By Senator Skelton of the 30th:
A bill to be entitled an act to amend the act incorporating the City of Hartwell so as to provide that candidates for Mayor shall give ten days written notice of their intentions to become a candidate for Mayor; and for other purposes.
HR 57. By Mr. Miller of Elbert:
A resolution relative to the acquisition and disposition of certain property of the State utilized as the Elberton Armory Grounds; and for other purposes.
HB 180. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to be entitled an act to amend an act pertaining to the governing authority of DeKalb County creating a Chairman and Board of Com missioners of Roads and Revenues for DeKalb County; and for other purposes.
HR 67. By Mr. Strickland of Evans:
A resolution to compensate Mr. Albert Parker (Department Public Safety); and for other purposes.
HB 206. By Messrs. Matthews of Clarke, Barber of Jackson, and Melton of Spalding:
A bill to be entitled an act to amend an act establishing a Retirement System for Teachers, so as to authorize inclusion of Radio Station WGST employees under the provisions of said system; and for other purposes.
HR 77. By Messrs. Bostick and Branch of Tift:
A resolution proposing an amendment to the Constitution so as to pro vide for compensation for the members of the County School Board of Tift County; and for other purposes.
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369
HB 255. By Mr. Bolton of Spalding:
A bill to be entitled an act to repeal an act entitled "An Act to author ize the ordinary of each county to return a marriage license with the return thereon when the same shall have been recorded as provided by law; and for other purposes.
HR 115. By Messrs. Andrews and Williams of Hall:
A resolution to compensate Wilma Hulsey Dorsey; and for other pur poses.
HB 326. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A bill to be entitled an act to amend section 89-420 of the Code of Georgia of 1933 relating to actions taken on bonds from public officers by providing venue for such actions; and for other purposes.
HB 332. By Messrs. Coalson of Polk, Reed of Cobb, and others:
A bill to be entitled an act to amend an act entitled "An Act to amend section 92-5301 of the Code of Georgia of 1933", to change classes and amounts of commissions allowed tax receivers and tax collectors; and for other purposes.
HB 385. By Messrs. Musgrove of Clinch and Parker of Appling:
A bill to be entitled an act to amend an act consolidating the laws relating to the State Game and Fish Commission, to change the non resident fishing licenses; and for other purposes.
HB 388. By Messrs. Brennan, McGee and Cheatham of Chatham:
A bill to be entitled an act to amend an act relating to registration of licensing of motor vehicles, to require penalties collected in counties and cities having population of more than 150,000 be remitted to fiscal authorities; and for other purposes.
HB 422. By Mr. Ray of Warren:
A bill to be entitled an act to transfer the Department of Entomology to the Department of Agriculture of the State of Georgia; and for other purposes.
HR 146. By Messrs. Loggins and Floyd of Chattooga:
A resolution proposing amendment to Constitution to provide for elec tion and procedure, ratification or rejection of members of Board of Education of Chattooga County by the people; and for other purposes.
HB 435. By Mr. Lanier of Candler:
A bill to be entitled an act to provide for a supplemental salary for the Ordinary of Candler County; and for other purposes.
HB 437. By Mr. Massee of Pulaski:
A bill to be entitled an act to amend an act creating the office of
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JOURNAL OP THE SENATE,
Commissioner of Roads and Revenues of Pulaski County; and for other purposes.
HB 438. By Mr. Hill of Tattnall:
A bill to be entitled an act to amend an act establishing the City Court of Reidsville; and for other purposes.
HB 440. By Mr. Jones of Crawford:
A bill to entitled an act to provide additional compensation for the Clerk of Superior Court of Crawford County; and for other purposes.
SB 82. By Senators Sanders of 18th, Greer of 6th, Jordan of 25th and Culpepper of 7th:
A bill to be entitled an act to amend an act creating the Department of Commerce so as to abolish the Board of Commissioners of the De partment; and for other purposes.
HB 441. By Messrs. Twitty of Mitchell and Gowen of Glynn:
A bill to be entitled an act to amend an act creating the positions of Judge Emeritus of the Court of Appeals of Georgia; and for other purposes.
HB 443. By Messrs. Bolton and Melton of Spalding:
A bill to be entitled an act to amend the Charter of the City of Griffin, to provide that the Chairman of Board of Commissioners shall have the honorary title as Mayor; and for other purposes.
HB 445. By Mr. Hill of Tattnall:
A bill to be entitled an act to amend an act incorporating the City of Collins; and for other purposes.
HB 448. By Mr. Busbee of Dougherty:
A bill to be entitled an act to amend an act to create a new charter for the City of Albany, to place personnel of police and fire depart ments under control of City Manager; and for other purposes.
HB 449. By Mr. Busbee of Dougherty:
A bill to be entitled an act to create a new charter for the City of Albany, to increase ad valorem taxes; and for other purposes.
HB 450. By Mr. Fowler of Douglas:
A bill to be entitled an act to create a fire district in Douglas County, etc., to levy a tax in such district; and for other purposes.
HB 451. By Messrs. Walker and Budd of Lowndes:
A bill to be entitled an act to amend the charter of the City of Valdosta; to redefine the corporate limits; and for other purposes.
FRIDAY, FEBRUARY 13, 1959
371
HB 452. By Messrs. Walker and Budd of Lowndes:
A bill to be entitled an act to amend the charter for the City of Valdosta, relating to fines of Recorder's Court; and for other purposes.
HB 453. By Mr. Green of Laurens:
A bill to be entitled an act incorporating the Town of Cadwell; and for other purposes.
HB 454. By Messrs. Duncan and Craven of Carroll:
A bill to be entitled an act establishing a City Court of Carrollton, to create office of Judge Emeritus of said Court; and for other purposes.
HB 455. By Mr. Fowler of Douglas:
A bill to be entitled an act to incorporate the Community of Lithia Springs in Douglas County; and for other purposes.
HB 457. By Mr. Twitty of Mitchell:
A bill to be entitled an act to amend an act relating to laborers' and materialmen's liens, to provide certain associations shall be entitled to benefits of code sections 67-2001 and 67-2002; and for other purposes.
HB 459. By Messrs. Edwards, Fuqua and Fleming of Richmond:
A bill to be entitled an act regulating public instruction in Richmond County to provide additional members on the Board of Education of Richmond County; and for other purposes.
HB 461. By Mr. Johnson of Butts:
A bill to be entitled an act to amend the charter of the City of Jackson; and for other purposes.
HB 462. By Messrs. Willingham, Reed and Holcombe of Cobb:
A bill to be entitled an act incorporating the City of Marietta, to change, extend and redefine the city limits; and for other purposes.
HB 464. By Messrs. Keever and Bradley of Bartow:
A bill to be entitled an act to amend an act to incorporate the Town of White in the County of Bartow; and for other purposes.
HB 465. By Messrs. Keever and Bradley of Bartow:
A bill to be entitled an act to consolidate all laws chartering the Town of Kingston, to change the name to City of Kingston; and for other purposes.
HB 466. By Messrs. Keever and Bradley of Bartow:
A bill to be entitled an act to amend an act incorporating the Town of Emerson; and for other purposes.
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JOURNAL OF THE SENATE,
HB 215. By Mr. Hall of Floyd:
A bill to be entitled an act to amend an act creating a Teachers' Retire ment System, to define service breaks relative to computing creditable service; and for other purposes.
The following bills and resolutions were introduced, read the first time, and referred to committees:
HB 110. By Messrs. Fowler of Douglas and Lanier of Candler:
A bill relating to meat, poultry, and dairy processing plants, to author ize the commissioner to adopt rules to maintain adequate inspection program; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 180. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend an act pertaining to the governing authority of DeKalb County creating a chairman and Board of Commissioners of Roads and Revenues for DeKalb County; and for other purposes.
Referred to the Committee on County and Municipal Governments.
HB 206. By Messrs. Matthews, Clarke, Barger of Jackson and Melton of Spalding:
A bill to amend an act establishing a Retirement System for Teachers, so as to authorize inclusion of Radio Station WGST employees under the provisions of said system; and for other purposes.
Referred to Committee on Educational Matters.
HB 215. By Mr. Hall of Floyd:
A bill to amend an act creating a Teachers' Retirement System, to define service breaks relative to computing creditable service; and for other purposes.
Referred to Committee on Educational Matters.
HB 255. By Mr. Bolton of Spalding:
A bill to repeal an act entitled "An Act to authorize the ordinary of each county to return a marriage license with the return thereon when the same shall have been recorded as provided by law"; and for other purposes.
Referred to Committee on Judiciary.
HB 326. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A bill to amend section 89-420 of the Code of Georgia of 1933 relating to actions taken on bonds from public officers by providing venue for such actions; and for other purposes.
Referred to Committee on Judiciary.
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373
HB 332. By Messrs. Coalson of Polk, Reed of Cobb and others:
A bill to amend an act entitled "An act to amend section 92-5301 of the Code of Georgia of 1933", to change classes and amounts of com missions allowed tax receivers and tax collectors; and for other purposes.
Referred to Committee on Judiciary.
HB 385. By Messrs. Musgrove of Clinch and Parker of Appling:
A bill to amend an act consolidating the laws relating to the State Game and Fish Commission, to change the non-resident fishing licenses; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 388. By Messrs. Brennan, McGee and Cheatham of Chatham:
A bill to amend an act relating to registration of licensing of motor vehicles, to require penalties collected in counties and cities having population of more than 150,000 be remitted to fiscal authorities; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
HB 422. By Mr. Ray of Warren:
A bill to transfer the Department of Entomology to the Department of Agriculture of the State of Georgia; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 435. By Mr. Lanier of Candler:
A bill to provide for a supplemental salary for the Ordinary of Candler County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 437. By Mr. Massee of Pulaski:
A bill to amend an act creating the office of Commissioner of Roads and Revenues of Pulaski County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 438. By Mr. Hill of Tattnall:
A bill to amend an act establishing the City Court of Reidsville; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 440. By Mr. Jones of Crawford:
A bill to provide additional compensation for the Clerk of the Superior Court of Crawford County; and for other purposes.
Referred to Committee on County and Municipal Governments.
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JOURNAL OP THE SENATE,
HB 441. By Messrs. Twitty of Mitchell and Gowen of Glynn: A bill to amend an act creating the positions of Judge Emeritus of the Court of Appeals of Georgia; and for other purposes.
Referred to Committee on Judiciary.
HB 443. By Messrs. Bolton and Melton of Spalding: A bill to amend the charter of the City of Griffin, to provide that the chairman of the Board of Commissioners shall have the honorary title as Mayor; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 445. By Mr. Hill of Tattnall: A bill to amend an act incorporating the City of Collins; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 448. By Mr Busbee of Dougherty: A bill to amend an act to create a new charter for the City of Albany, to place personnel of police and fire departments under control of city manager; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 449. By Mr. Busbee of Dougherty: A bill to create a new charter for the City of Albany, to increase ad valorem taxes; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 450. By Mr. Fowler of Douglas: A bill to create a fire district in Douglas County, etc.; to levy a tax in such district; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 451. By Messrs. Walker and Budd of Lowndes: A bill to amend the charter of the City of Valdosta; to redefine the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments,
HB 452. By Messrs. Walker and Budd of Lowndes: A bill to amend the charter for the City of Valdosta, relating to fines of Recorder's Court; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 453. By Mr. Green of Laurens: A bill incorporating the Town of Cadwell; and for other purposes.
Referred to Committee on County and Municipal Governments.
FEIDAY, FEBRUARY 13, 1959
375
HB 454. By Messrs. Duncan and Craven of Carroll:
A bill establishing a City Court of Carrollton, to create office of Judge Emeritus of said Court; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 455. By Mr. Fowler of Douglas:
A bill to incorporate the Community of Lithia Springs in Douglas County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 457. By Mr. Twitty of Mitehell:
A bill to amend an act relating to laborers' and materialmen's liens, to provide certain associations shall be entitled to benefits of code sections 67-2001 and 67-2002; and for other purposes.
Referred to Committee on Industry and Labor.
HB 459. By Messrs. Edwards, Fuqua and Fleming of Richmond:
A bill regulating public instruction in Richmond County to provide additional members on the Board of Education of Richmond County;
Referred to Committee on County and Municipal Governments.
HB 461. By Mr. Johnson of Butts:
A bill to amend the charter of the City of Jackson; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 462. By Messrs. Willingham, Reed and Holcombe of Cobb:
A bill incorporating the City of Marietta, to change, extend and re define the city limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 464. By Messrs. Keever and Bradley of Bartow:
A? bill to amend an act to incorporate the Town of White in the County of Bartow; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 465. By Messrs. Keever and Bradley of Bartow:
A bill to consolidate all laws chartering the Town of Kingston, to change the name to City of Kingston; and for other purposes.
Referred to Committee on County and Municipal Governments.
376
JOURNAL OF THE SENATE,
HB 466. By Messrs. Keever and Bradley of Bartow:
A bill to amend an act incorporating the Town of Emerson; and for other purposes.
Referred to Committee on County and Municipal Governments.
HR 38. By Messrs. Payton and Blalock of Coweta:
A resolution to compensate Wilbur P. Powers of Newnan, Georgia; and for other purposes.
Referred to Committee on Appropriations.
HR 39. By Mr. Odom of Camden:
A resolution proposing an amendment to the Constitution to authorize the governing authority of the City of St. Mary's to bind said city by contract with any corporation, partnership or individual; and for other purposes.
Referred to Committee on Rules.
HR 46. By Messrs. Lee and Blalock of Clayton:
A resolution proposing an amendment to the Constitution to provide for the establishment of fire prevention districts in Clayton County; and for other purposes.
Referred to Committee on Rules.
HR 57. By Mr. Miller of Elbert:
A resolution relative to the acquisition and disposition of certain prop erty of the State utilized as the Elberton Armory Grounds; and for other purposes.
Referred to Committee on Government Operations.
HR 67. By Mr. Strickland of Evans:
A resolution to compensate Mr. Albert Parker (Department of Public Safety); and for other purposes.
Referred to Committee on Appropriations.
HR 77. By Messrs. Bostick and Branch of Tift:
A resolution proposing an amendment to the Constitution* so as to provide for compensation for the members of the County School Board of Tift County; and for other purposes.
Referred to Committee on Rules.
HR 115. By Messrs. Andrews and Williams of Hall:
A resolution to compensate Wilma Hulsey Dorsey; and for other pur poses.
Referred to Committee on Appropriations.
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377
HR 146. By Messrs Loggins and Floyd of Chattooga:
A resolution proposing an amendment to the Constitution to provide for election and procedure, ratification or rejection of members of Board of Education of Chattooga County by the people; and for other purposes.
Referred to Committee on Rules.
HR 161. By Messrs. Hollis of Muscogee, Wilkes of Cook and McCracken of Jef ferson:
A resolution creating a committee to study House Bill No. 115; and for other purposes.
Referred to Committee on Rules.
The following bills and resolutions were read the second time:
SB 118. By Senator Brown of the 52nd:
A bill to amend the Act establishing a pension system for officers and employees in cities having a population of more than 150,000, so as to provide for a transfer of funds from the pension system of such city to the pension fund of the State of Georgia if such officer or employee is transferred to a position of employment with the State of Georgia; and for other purposes.
SB 119. By Senator Perry of the 24th:
A bill to amend the act creating a charter for the Town of Buena Vista so as to lengthen the term of the Mayor for said city; and for other purposes.
SB 120. By Senator Buff of the 44th:
A bill to amend the act incorporating the Town of Ringgold so as to enlarge the corporate limits of said town; and for other purposes.
SB 121. By Senator Buff of the 44th:
A bill to amend the act creating a charter for the Town of Ringgold so as to provide for the hours of elections in said town; and for other purposes.
SB 122. By Senator Buff of the 44th:
A bill to amend the act incorporating the town of Fort Oglethorpe so as to enlarge the corporate limits of said town; and for other purposes.
SB 123. By Senator Buff of the 44th:
A bill to create the Board of Commissioners of Roads and Revenues for the County of Catoosa; to repeal conflicting laws; and for other purposes.
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JOURNAL OF THE SENATE,
SB 124. By Senators Greer of the 6th, Slade of the 14th, Doster of the 48th, Nixon of the 35th and Marshall of the 28th:
A bill to amend the act establishing an Employees' Retirement System, (Ga. Laws 1949, p. 138), so as to provide who shall be eligible for prior service accumulations; and for other purposes.
SB 125. By Senators Redwine of the 26th, Perry of the 24th and Wright of the 42nd:
A bill to amend the act relating to the regulation of rates for casualty insurance (Ga. Laws 1947, p. 1506), so as to change the procedure re lating to the approval and disapproval of rate filings; and for other purposes.
SR 45. By Senator Clary of the 29th:
A resolution creating a committee of the House and Senate to inquire into the maintenance of hospital facilities available to Georgia Veterans; and for other purposes.
SR 47. By Senator Lindsey of the llth:
A resolution by the Senate endorsing the proposal of establishing a "Hall of Flags" in our State Capitol Building; to request the appoint ment of a committee by the Governor; and for other purposes.
SR 46. By Senator Carlisle of the 51st:
A resolution proposing an amendment to the Constitution so as to increase the Senatorial Districts from fifty-four to sixty; and for other purposes.
HB 16. By Messrs. McKenna of Bibb, Bolton of Spalding, Murphy of Haralson, and others:
A bill to amend the Georgia Securities Act; and for other purposes.
HB 183. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend an act creating a new charter for the Town of Decatur, now City of Decatur; and for other purposes.
HB 246. By Mr. Murphy of Haralson:
A bill to amend code chapter 91-8 pertaining to general provisions on inventory and sale of public property; and for other purposes.
HB 261. By Messrs. Trotter of Troup, Jones of Crawford and many others:
A bill to amend an act creating the Peace Officers' Annuity and Benefit Fund, to clarify and provide for staggered terms for members of the board from the association; and for other purposes.
HB 328. By Messrs. Cheek of Taylor and Rutland of DeKalb: A bill to provide that motor carrier inspectors of the Georgia Public
FRIDAY, FEBRUARY 13, 1959
379
Service Commission be police officers of this State; and for other purposes.
HB 363. By Mr. Shuman of Bryan:
A bill to amend an act revising and consolidating laws relating to the State Game and Fish Commission; and for other purposes.
HB 365. By Messrs. Summers of Crisp, Andrews of Hall and Carr of Dooly:
A bill to amend an act for the issuance of automobile license tags to disabled veterans; and for other purposes.
HB 373. By Mr. NeSmith of Meriwether:
A bill to amend the charter of the City of Manchester; and for other purposes.
HB 374. By Messrs. Ray of Warren, Smith of Emanuel and others:
A bill to provide payment of teachers in the public school system of Georgia in event of the school closing by Executive Order; and for other purposes.
HB 376. By Mr. Williams of Coffee:
A bill to amend an act creating the office of Commissioner of Roads and Revenues in the County of Coffee; and for other purposes.
HB 397. By Messrs. Killian of Glynn, Ballard of Newton and others,
A bill to amend an act relating to suits by infant; and for other purposes.
HB 407. By Messrs. Bradley and Keever of Bartow:
A bill to amend an act creating a new charter for the City of Cartersville, so as to change the corporate limits; and for other purposes.
HB 408. By Messrs. Bradley and Keever of Bartow:
A bill to amend an act incorporating the Town of Adairsville, so as to provide that said city may contract with other municipalities to furnish public utility service; and for other purposes.
HB 409. By Messrs. Bradley and Keever of Bartow:
A bill to amend an act creating a new charter for the City of Cartersville, so as to give power to contract with other municipalities to provide public utilities such as water, natural gas, etc.; and for other purposes.
HB 410. By Messrs. Bradley and Keever of Bartow:
A bill to amend an act creating a new charter for the City of Cartersville, so as to change the corporate limits of said city; and for other purposes.
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JOURNAL OF THE SENATE,
HB 411. By Messrs. Bradley and Keever of Bartow: A bill incorporating the City of Emerson; and for other purposes.
HB 412. By Messrs. Bradley and Keever of Bartow:
A bill to amend an act creating a new charter for the City of Cartersville, so as to change the corporate limits; and for other purposes.
HB 413. By Messrs. Bradley and Keever of Bartow:
A bill to amend an act incorporating the City of Adairsville, so as to extend and redefine the corporate limits; and for other purposes.
HB 414. By Messrs. Trotter and Lam of Troup:
A bill to amend an act relating to fees paid to coroners, to provide that the coroner in Troup shall be paid a salary in lieu of fees; and for other purposes.
HB 415. By Mr. Ingle of Gordon:
A bill to amend an act creating a new charter for the City of Calhoun, to change provisions for payment of school funds; and for other purposes.
HB 417. By Mr. Ingle of Gordon:
A bill to amend an act entitled "Gordon's Treasurer's Office Abolished, and County Depositories provided", to provide manner of funds of said county shall be deposited and disbursed; and for other purposes.
HB 421. By Messrs. Williams and Milhollin of Coffee:
A bill to create the Douglas-Coffee County Industrial Authority; to provide purposes, duties, control and powers of said authority; and for other purposes.
HB 424. By Mr. Todd of Glascock:
A bill to amend an act to reincorporate the Town of Mitchell in Glascock County, to increase tax rate limitations; and for other purposes.
HB 425. By Messrs. Floyd and Loggins of Chattooga:
A bill to consolidate the laws chartering the City of Summerville in the County of Chattooga; and for other purposes.
HB 426. By Messrs. Smith of Emanuel, Twitty of Mitchell and others:
A bill to amend an act known as the "University System Building Authority Act;" and for other purposes.
HB 427. By Messrs. Smith of Emanuel, Twitty of Mitchell and others:
A bill to amend an act known as the "State School Building Authority Act"; and for other purposes.
FRIDAY, FEBRUARY 13, 1959
381
HB 430. By Mr. Twitty of Mitchell:
A bill to authorize the Western and Electric Railroad Commission to enter into agreements to lease, option or refusal to lease, not binding the State until fully approved by a Joint Resolution of the General Assembly of Georgia; and for other purposes.
HB 432. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend an act to create system of traffic courts for cities having a population of 300,000 or more, to fix salaries; and for other purposes.
HR 31. By Mr. Brackin of Seminole:
A resolution to compensate Seminole County (State Parks Dept.); and for other purposes.
HR 36. By Messrs. Kidd and Chandler of Baldwin: A resolution to compensate J. L. Newsome; and for other purposes.
HR 47. By Mr. Phillips of Walton:
A resolution to compensate Mr. W. Guy Pannell for damages to his crops caused by chemicals sprayed on adjoining lands; and for other purposes.
HR 48. By Mr. Phillips of Walton:
A resolution to compensate Mr. W. Guy Pannel for damage to crops caused by spraying adjoining lands; and for other purposes.
HR 66. By Mr. Strickland of Evans: A resolution to compensate Tommie T. Rogers; and for other purposes.
HR 123. By Mr. Walker of Telfair: A resolution to authorize the Governor to convey certain property in Telfair County; and for other purposes.
HR 136. By Mr. Souter of Macon: A resolution authorizing the conveyance of land to the City of Montezuma; and for other purposes.
Senator Jernigan of the 5th District, Chairman of the Committee on Edu cational Matters, submitted the following report: Mr. President:
Your Committee on Educational Matters has had under consideration the following bills of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 32. Do Pass. HB 217. Do Pass.
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JOURNAL OF THE SENATE,
HB 426. Do Pass. HB 427. Do Pass.
Respectfully submitted, Jernigan of 5th District, Chairman.
Senator Jordan of the 25th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President: Your Committee on Judiciary has had under consideration the following bills
of the House and Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB HO. Do Not Pass. HB 248. Do Pass. HB 210. Do Pass. HB 356. Do Pass. HB 51. Do Pass.
Respectfully submitted, Jordan of 25th District,
Chairman.
Senator Brown of the 52nd District, Chairman of the Committee on County and Municipal Governments, submitted the following report:
Mr. President: Your Committee on County and Municipal Governments has had under con
sideration the following bills and resolutions of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 313. Do Pass.
HB 387. Do Pass. HB 390. Do Pass.
HB 404. Do Pass.
HB 383. Do Pass.
HB 371. Do Pass.
HB 348. Do Pass.
HB 338. Do Pass.
HB 340. Do Pass.
HB 308. Do Pass.
FRIDAY, FEBRUARY 13, 1959
383
HR 124. Do Pass. HB 314. Do Pass. HB 145. Do Pass. HB 337. Do Pass. HB 148. Do Pass. HB 359. Do Pass. HB 360. Do Pass. HB 361. Do Pass. SB 115. Do Pass. SB 116. Do Pass. SB 112. Do Pass. SB 114. Do Pass. SB 117. Do Pass. SB 108. Do Pass. HB 342. Do Pass. HB 346. Do Pass. HB 341. Do Pass. HB 362. Do Pass.
Respectfully submitted, Brown of 52nd District, Chairman.
Senator Vaughn of the 34th District, Secretary of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following bills of the House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
HB 301. Do Pass.
HB 307. Do Pass.
Respectfully submitted,
Vaughn of 34th District,
Secretary.
Senator Holton of the 46th District, Chairman of the Committee on High ways submitted the following report:
Mr. President:
Your Committee on Highways has had under consideration the following
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JOURNAL OF THE SENATE,
resolution of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
SR 43. Do Pass, as Amended. Respectfully submitted, Holton of 46th District, Chairman.
Senator Wright of the 42nd District, Chairman of the Committee on Industry and Labor, submitted the following report:
Mr. President:
Your Committee on Industry and Labor has had under consideration the following bills of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 74. Do Pass, by Substitute.
SB 125. Do Pass.
Respectfully submitted,
Wright of 42nd District,
Chairman.
The following local, uncontested bills, favorably reported by the committees, were read the third time and put upon their passage:
SB 112. By Senator Brown of the 52nd:
A bill to amend an act entitled "An Act to establish a method for providing fire prevention systems in the unincorporated portion of Pulton County; and for other purposes, as amended; so as to provide for two full-time employees at each station and to increase the sums which may be expended for fire prevention and protection without creation of a fire district to forty thousand ($40,000) dollars per annum; to repeal conflicting provisions; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 114. By Senator Brown of the 52nd: A bill to amend the act providing for the construction of fire stations in the unincorporated areas of Pulton County; to provide for fire districts, (Ga. Laws 1953, p. 2706) so as to provide for the levy of a tax within the fire district; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
FRIDAY, FEBRUARY 13, 1959
385
On the passage of the bill, the ayes were 40, nays 0. The bill, having received the requisite constitutional majority, was passed.
SB 115. By Senator Mercer of the 19th: A bill to amend the charter of the City of Metter, Georgia, incorporated by an act approved August 16, 1920 (Ga. L. 1920, pp. 1278, 1318) and the several amendatory acts thereof providing for a change in the clerk's salary; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 116. By Senator Edenfield of the 16th: A bill to amend an act incorporating the City of Twin City in Emanuel County, approved Aug. 9, 1920 (Ga. L. 1920, p. 1658), as amended, so as to change the number of wards; to describe the territorial limits of the said wards; to provide for the election of the mayor; to provide for his duties; to provide for a referendum; to repeal all conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 117. By Senator Lindsey of the 53rd: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Cook County approved Aug. 12, 1919, (Ga. L. 1919, p. 627), as amended, so as to increase the compensation of the Chair man and the members of the Board of Commissioners of Roads and Revenues; to repeal conflicting laws; and for other purposes.
The report of the committeee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 145. By Messrs. Brooks, M. Smith and McClelland of Fulton:
A bill to amend an act establishing a new charter for the City of East Point, relating to Land Lot 219 in said city; and for other purposes.
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JOURNAL OF THE SENATE,
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 148. By Messrs. M. Smith, Brooks and McClelland of Pulton:
A bill to amend an act establishing a new charter for the City of Atlanta relating to streets, and road construction, etc; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 308. By Messrs. Payton and Blalock of Coweta:
A bill to amend an act to create a new charter for the City of Newnan; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 313. By Messrs. Cox and Matthews of Clarke:
A bill relating to compensation of county treasurers, so as to give dis cretion to county governing authorities to increase such compensation to a sum not to exceed $4,200.00; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 314. By Messrs. Hodges and Parker of Ware:
A bill to amend an act to create the office of the Commissioner of Roads and Revenues of the County of Ware; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
FRIDAY, FEBRUARY 13, 1959
387
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 337. By Mr. Wells of Peach:
A bill to amend an act creating a charter for the City of Fort Valley; to provide for the establishment of a Parks and Cemetery Commission; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 338. By Messrs. Story and Morgan of Gwinnett:
A bill to amend an act to create and incorporate a new municipality in Gwinnett County to be known as the City of Berkeley Lake; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 340. By Mr. Barrett of Cherokee: A bill to change from fee to salary system in Cherokee County, the Sheriff, the Clerk of the Superior Court, Tax Commissioner and Ordi nary; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 341. Messrs. Lee and Blalock: A bill to amend an act establishing a new charter for the City of College Park (City of Manchester); and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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HB 342. By Messrs. Blalock and Lee of Clayton:
A bill to amend an act incorporating the Town of Forest Park, so as to change the corporate limits of said city; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 346. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act establishing a new charter for the City of College Park (City of Manchester); and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 348. By Mr. Freeman of Monroe:
A bill to amend the charter of the City of Forsyth; to provide the Mayor and Aldermen with the authority to close Johnson Lane between Juliette Road and the new interstate right of way; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 354. By Messrs. Fuqua, Fleming and Edwards of Richmond: A bill creating the Augusta Port Authority; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 359. By Messrs. McClelland, Brooks and M. Smith of Fulton: A bill to amend an act establishing a new charter for the city of College Park (City of Manchester); to prescribe its limits; and for other purposes.
FRIDAY, FEBRUARY 13, 1959
389
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 360. By Messrs. McClelland, Brooks and M. Smith of Fulton:
A bill to amend an act establishing a new charter for the City of College Park (City of Manchester), to provide for incorporating said city under the name of College Park; to prescribe its limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 361. By Messrs. McClelland, Brooks and M. Smith of Fulton:
A bill establishing a new charter for the City of College Park (City of Manchester), relating to pensions; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 362. By Messrs. McClelland, M. Smith and Brooks of Fulton, McWhorter, Rutland and Mackay of DeKalb:
A bill to amend an act creating a new charter for the City of Atlanta, relating to business licenses; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 371. By Mr. Ballard of Newton:
A bill to amend an act to create a new charter for the Town of Oxford; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
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On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 383. By Messrs. M. Smith, McClelland and Brooks of Fulton:
A bill to amend an act providing that cities having a population of 150,000 or more, shall furnish pensions to officers and employees of said cities; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 387. By Messrs. Brooks, McClelland and Smith of Fulton:
A bill to amend an act to incorporate the City of Hapeville; to extend city limits of Hapeville; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 390. By Messrs. Brooks, McClelland and Smith of Fulton:
A bill to amend an act to incorporate the City of Hapeville, so as to extend the city limits; to give said City of Hapeville jurisdiction beyond the incorporated limits as extended a prescribed distance for police, sanitary; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 124. By Mr. Freeman of Monroe:
A resolution authorizing and directing the State Library to furnish certain law books to the library of the Monroe County Superior Court; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the adoption of the resolution, the ayes were 44, nays 0.
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391
The resolution, having received the requisite constitutional majority, was passed.
HB 404. By McClelland, Smith and Brooks of Fulton:
A bill to amend an act providing certain qualifications for Ordinaries in counties having a certain population; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following general bills and resolutions, favorably reported by the com mittees, were read the third time and put upon their passage:
SR 20. By Senator Screws of the 9th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that a member of the County Board of Education of Baker County must be a freeholder and to provide that a vacancy shall occur in the event a member removes his residence from the school district which he repre sents; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII, Section V, Paragraph I of the Constitution, relating to county boards of education, as amended by an amendment applicable to Baker County, ratified at the general election in 1954 and found in Georgia Laws 1953, Jan.-Feb. Sess., p. 298, is hereby amended by adding at the end of the aforesaid amendment applicable to Baker County the following:
"Any person, in order to be eligible to hold office as a member of the Board of Education of Baker County, must be a freeholder in the district which he seeks to represent. Any member of the Board who shall remove his residence from the school district from which he was elected shall cease to be a member of the Board and a vacancy shall immediately occur, which shall be filled in the manner hereinbefore provided."
Section 2. When the above proposed amendment to the Consti tution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
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"For ratification of amendment to the Constitution so as to provide that a member of the County Board of Education of Baker County must be a freeholder and to provide that a vacancy shall occur in the event a member removes his residence from the school district which he represents.
"Against ratification of amendment to the Constitution so as to provide that a member of the County Board of Education of Baker County must be a freeholder and to provide that a vacancy shall occur in the event a member removes his residence from the school district which he represents."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution, proposing an amendment to the constitution, a roll call was ordered and the vote was as follows:
Those voting in the affirmative were Senators:
Adams Barrett of 32nd Breedlove Brown Cannon Carlisle Clary Crowe Darby Drew Edenfield Gearreld Greer Hays
Holt Holton Home Jernigan Jordan Kiker Lindsey of llth Lindsey of 53rd Livingston Marshall Marshburn Mercer Mobley McGill
Nixon Pannell Perry Purcell Ramsey Redwine Roach Sanders Screws Shaw Skelton Slade Smith Watson
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 42, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
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393
SR 35. By Senator Livingston of the 38th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the City of Cedartown in Polk County to levy a tax not to exceed one mill for the purpose of creating a fund to be used in assisting, pro moting and encouraging the location of new industries in the City of Cedartown, and authorizing the governing authority of said city to select a Board of Citizens from the City of Cedartown to render advice respecting the use of such fund; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section V, Paragraph I of the Consti tution of Georgia, as amended, is hereby amended by adding at the end thereof the following:
"The City of Cedartown in Polk County is authorized to levy a tax not to exceed one mill in addition to all other taxes on all taxable property in the city for the purpose of creating a fund to be used exclusively in assisting, promoting and encouraging the location of new industries in the City of Cedartown by pur chasing land, or erecting or buying buildings and other facilities for the purpose of leasing or selling the same to industrial con cerns; and the governing authority of said city is hereby author ized to select a Board of Citizens of the City to render advice relative to the use of such fund for the purposes stated."
Section 2. When the above proposed amendment to the Consti tution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to authorize the City of Cedartown to levy a tax not to exceed one mill for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of new industries in said city.
"Against ratification of amendment to the Constitution so as to authorize the City of Cedartown to levy a tax not to exceed one mill for the purpose of creating a fund to be used in assisting, pro moting and encouraging the location of new industries in said city."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this
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State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution, proposing an amendment to the constitution, a roll call was ordered and the vote was as follows:
Those voting in the affirmative were Senators:
Adams Barrett of 32nd Breedlove Brown Cannon Carlisle Clary Crowe Darby Drew Edenfield Gearreld Greer Hays Holt
Holton Home Jernigan Jordan Kiker Lanier Lindsey of llth Lindsey of 53rd Livingston Marshall Marshburn Mercer Mobley McGill Nixon
Pannell Perry Purcell Ramsey Redwine Roach Sanders Screws Shaw Skelton Slade Smith Vaughn Watson
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 42, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
SB 27. By Senators Vaughn of the 34th and Nixon of the 35th:
A bill to limit the deficiency judgments on debts secured by bills of sale to secure a debt; and for other purposes.
The Committee on Judiciary offered the following substitute:
AN ACT
To provide the conditions under which deficiency judgments may be taken after foreclosure under powers in mortgages, conditional sale contracts, bonds for title, bills of sale to secure debt, or other lien contracts on tangible personal property; to apply only to mortgages, conditional sale contracts, bonds for title, bills of sale to secure debt, or other lien contracts on tangible personal property made after effec tive date of this Act; to provide for the effect of compliance with certain provisions authorized under this Act; to repeal all conflicting laws; and for other purposes.
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395
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Whenever any tangible personal property is sold on foreclosure, without legal process, under the powers contained in the mortgages, conditional sale contracts, bonds for title, bills of sale to secure debt, or other lien contracts and the said tangible personal property at such sale does not bring the amount of the debt secured by the mortgage, conditional sale contracts, bonds for title, bills of sale to secure debt or other lien contracts, no action may be taken to obtain a deficiency judgment unless one of the following conditional precedents shall have been complied with:
Condition 1. Prior to the commencement of the action for a deficiency judgment, such sale has been advertised and conducted at the time and place and in the usual manner of Judicial Sales on fore closure of personal property in the county where the defendant resides.
Condition 2. Prior to the commencement of the action for a de ficiency judgment, the creditor shall have mailed, by registered or certi fied mail to the last address of the defendant known to the creditor, a notice stating the highest bid that he has received for the said property, and that he intends to sell the said property for that price or any higher price that he may obtain. The defendant may, within ten days of the mailing of said notice, either secure and tendej to the creditor a higher cash sale price for said tangible personal property (which shall then be accepted for such property by the creditor) or pay the outstanding balance due on said contract.
Section 2. It is hereby declared to be contrary to public order to waive any of the provisions of this Act.
Section 3. This Act shall only apply to those mortgages, condi tional sale contracts, bonds for title, bills of sale to secure debt or other lien contracts executed after the passage and approval of this Act.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, the ayes were 39, nays 0, and the sub stitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 74. By Senators Redwine of the 26th, Perry of the 24th, Drew of the 12th, Kennedy of the 47th, Watson of the 36th, Gearreld of the 37th and Adams of the 22nd:
A bill to provide for public hearings in connection with rate filings by insurance companies or rating organizations filed with the Insurance Commissioner; and for other purposes.
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The Committee on Industry and Labor offered the following substitute:
AN ACT
To amend an Act regulating the making and applying of rates for fire, marine and inland marine insurance, approved March 28, 1947 (Ga. Laws 1947, p. 1523), so as to change the procedure relating to the approval and disapproval of rate filings; to provide for public hearings with reference to rate filings; to provide for public inspection of rate filings prior to their effective date; to prohibit the cancellation of cer tain insurance policies pending the effective date of a rate filing; to change the procedure relating to hearings before the Commissioner and appeals from decisions of the Commissioner; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. An Act regulating the making and applying of rates for fire, marine and inland marine insurance, approved March 28, 1947 (Ga. Laws 1947, p. 1523) is amended by striking from Section 4 thereof Subsections (d) and (e) and inserting in lieu thereof two (2) new subsections which shall be known as Subsections (d) and (e), which shall read as follows:
"(d) Within fifteen (15) days after the date the filing, and the additional information, if any, requested by the Commissioner under paragraph (a) of this Section, has been received by the Commissioner, the Commissioner shall either:
"(1) Disapprove the filing and give notice of such disapproval to the insurer or rating organization that made the filing stating the respects in which he finds the filing does not meet the require ments of this Act; and in which case the filing and its supporting information shall not be open to public inspection while such dis approval is in effect; or
"(2) Place the filing and its supporting information on file in his office for public inspection."
"(e) A filing which the Commissioner has placed on file for public inspection as provided in Subsection (d) (2), above, shall become effective at 12:01 A.M. on the sixteenth (16) day after the filing was so placed on file for public inspection (counting such filing date as the first day of such public inspection period) unless within such fifteen (15) day period the Commissioner has either:
"(1) Affirmatively approved the filing and given notice there of to the insurer or rating organization that made the filing, and in which case the filing shall become effective upon such approval, or upon such subsequent date as may be satisfactory to the Com missioner and the insurer or rating organization that made the filing; or
"(2) Concluded it to be in the public interest to hold a public hearing to determine whether the filing meets the requirements of this Act, and given notice of such hearing to the insurer or rating organization that made the filing, and in which case the effective ness of the filing shall be subject to the further order of the Commissioner made as provided in Section 5;
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397
"Except that specific transportation rates on risks specially rated by a rating organization shall become effective when filed and shall be deeemed to meet the requirements of this Act until such time as the Commissioner reviews the filing and so long thereafter as the filing remains in effect."
Section 2. Said Act is further amended by inserting following Subsection (h) of Section 4 thereof a new subsection which shall be known as Subsection (i), which shall read as follows:
"(i) After the Commissioner places a filing on file in his office for public inspection as provided in Subsection (d) (2) above, and pending the taking effect of the filing, whether or not a public hearing is held with respect to the filing, as to coverages proposed to be affected by such filing the following provisions shall apply, if a filing would result in increase of premiums or premium rate, or restriction of forms or conditions of coverage:
"(1) No insurance policy or contract or item of insurance of any insurer by or on whose behalf the filing was made shall be cancelled or reduced in amount on a pro rata basis, except at the request of the insurer in accordance with the provisions contained in the policy contract."
Section 3. Said Act is further amended by striking therefrom Section 5 in its entirety and inserting in lieu thereof a new Section 5 which shall read as follows:
"Section 5. (a) If, pursuant to Section 4 (e) (2) the Com missioner determines to hold a public hearing as to a filing, he shall give immediate written notice thereof to the rating organiza tion or insurer that made the filing, shall hold such hearing within thirty (30) days after commencement of the public inspection period provided for in Section 4 (d) (2) and not less than ten (10) days prior to the date of the hearings he shall give written notice of the hearing to the insurer or rating organization that made the filing. The Commissioner may also, in his discretion, give advance public notice of such hearing by publication of notice in one (1) or more daily newspapers of general circulation in this State.
"(b) The hearing shall be held and be conducted as is pro vided in Section 17. The burden of proof at a hearing held under this Subsection shall be on the insurer or rating organization which made the filing.
"(c) Within twenty (20) days after termination of the hear ing the Commissioner shall issue his order either approving or disapproving the filing; and if order is not so issued the filing shall become effective on expiration of such twenty (20) day period.
"(d) If the Commissioner's order disapproves the filing, the filing shall not become effective during the effectiveness of such order. If the Commissioner's order approves the filing, the filing shall become effective upon the date of the order, or upon a subse quent date satisfactory to the insurer or rating organization which made the filing.
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"(e) If at any time after a filing has been approved by him or has otherwise become effective the Commissioner finds, after a hearing held on not less than twenty (20) days' written notice specifying the matters to be considered at the hearing and given to every insurer and rating organization which made the filing, that the filing no longer meets the requirements of this Act, he shall issue an order specifying in what respects he finds that such filing fails to meet such requirements and stating when, within a reasonable period thereafter, such filing shall be deemed no longer effective. The Commissioner shall send a copy of the order to every such insurer and rating organization. The order shall not affect any insurance contract or policy made or issued prior to the expiraation of the period set forth in the order.
"(f) Any person or organization aggrieved with respect to any filing which has been approved or has otherwise become ef fective may make written application to the Commissioner for a hearing thereon: Provided, however, that the insurer or rating organization that made the filing shall not be authorized to proceed under this Subsection. Such application shall specify the grounds to be relied upon by the applicant. If the Commissioner shall find that the application is made in good faith, that the applicant would be so aggrieved if his grounds are established, and that such grounds otherwise justify holding such a hearing, he shall, within thirty (30) days after receipt of such application, hold a hearing upon not less than ten (10) days' written notice to the applicant and to every insurer and rating organization which made such filing.
"If, after such hearing, the Commissioner finds that the filing does not meet the requirements of this Act, he shall issue an order specifying in what respects he finds that such filing fails to meet said requirements, and stating when, within a reasonable period thereafter, such filing shall be deemed no longer effective. Copies of said order shall be sent to the applicant and to every such insurer and rating organization. Said order shall not affect any contract or policy made or issued prior to the expiration of the period set forth in said order.
(g) If within thirty (30) days after a specific transportation rate filing referred to in Section 4 (e) has become effective, the Commissioner finds that the filing does not meet the requirements of this Act, he shall 'disapprove the filing and shall give notice to the insurer or rating organization which made the filing, speci fying in what respects he finds that the filing fails to meet such requirements and stating when, within a reasonable period there after, the filing shall be deemed no longer effective. Such dis approval shall not affect any contract made or issued prior to the expiration of the period set forth in the notice of disapproval.
(h) No manual of classifications, rules, rating plan, or any modification of any of the foregoing which establishes standards for measuring variations in hazards or expense provisions, or both, and which has been filed pursuant to the requirements of Section 4 shall be disapproved if the rates thereby produced meet the re quirements of this Act."
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399
Section 4. Said Act is further amended by striking therefrom Section 17 in its entirety and inserting in lieu thereof two (2) new sections which shall be known as Sections 17 and 17A which shall read as follows:
"Section 17. (1) Any insurer or rating organization aggrieved by any order or decision of the Commissioner under this Act made without a hearing, may within thirty (30) days after notice of the order to the insurer or organization, make written request to the Commissioner for a hearing thereon. The Commissioner shall hear such party or parties within twenty (20) days, after receipt of such request and shall give not less than ten (10) days written notice of the time and place of the hearing. The hearing shall be concluded within fifteen (15) days from the commencement thereof, provided however, that the Commissioner upon application with notice to the interested parties and for good cause shown, may grant additional time, not exceeding fifteen (15) days. Within twenty (20) days after the conclusion of such hearing the Com missioner shall affirm, reverse or modify his previous action, speci fying his reason therefor, and shall give a copy of such order or decision to all interested parties. In the event of the Commission er's failure to hold or complete the hearing or to render his order or decision within the periods specified herein, the filing or appli cation in issue shall be deemed to meet the requirements of this Act and shall be deemed approved.
"The order shall contain specific findings of fact by the Com missioner in relation to the matter before him, such findings to be supported by a preponderance of the evidence on consideration of the record as a whole. Any party may file with the Commis sioner proposed findings of fact, to be accepted or rejected by the Commissioner.
"Pending such hearing and decision thereon the Commissioner may suspend or postpone the effective date of his previous action.
"(2) Nothing contained in this Act shall require the observance at any hearing of formal rules of pleading of evidence."
Section 17A. (1) All rulings, orders or decisions of the Com missioner relating to rates or rating organizations shall be subject to review by appeal to the Superior Court of Fulton County. Such an appeal shall be commenced by filing a notice of appeal within thirty (30) days after the rendition of such ruling, order or decicision with such court and a copy of same similarly filed with the Commissioner, and if not so commenced, the right to appeal shall no longer exist. The Commissioner shall be made a party to every such appeal.
"(2) Upon the filing of a copy of the notice of appeal with the Commissioner he shall prepare or cause to be prepared an official record, which may be in typewritten form, certified by him which shall contain a copy of all proceedings, the findings and order of the Commissioner, and any transcript of testimony and exhibits or records thereof. If no hearing was held by the Com missioner on the matter which is the subject of appeal, the Com missioner shall in like manner prepare and certify a transcript of the files in his office pertaining to such matter. Within thirty
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(30) days after the copy of notice of appeal was filed with the Commissioner he shall file the official record with the court in which the appeal is pending.
"(3) When any ruling, order or decision of the Commissioner relates to an increase or decrease of premium or rate or to a change in any rating system, the filing of the notice of appeal shall, pending the final determination of the issue, act as a stay of any such ruling, order or decision, except where such ruling, order or decision approves or permits a filing of an insurer or rating organization, and except as hereinafter provided.
"Any insurer affected by the ruling, order or decision may, pending the decision on appeal, if authorized by the court so to do:
"(a) Where a rate decrease is ordered, continue to charge the rate which obtained prior to such order, ruling or decision;
"(b) Where filing for rate increase has been proposed and rejected, charge such proposed increased rate; on condition that the difference in premium for any policyholder be retained by the insurer until final determination of the issue and then be either retained by the insurer or distributed to such policyholder in ac cordance with said final determination.
"(4) The Superior Court of Fulton County shall hear and decide said appeal within sixty (60) days after the date of the filing of the notice of appeal, and shall affirm, reverse or modify the Commissioner's ruling, order or decision appealed from.
"(5) If the Superior Court of Fulton County finds that the Commissioner's ruling, order or decision is not supported by the preponderance of the evidence on consideration of the record as a whole, or is not in accordance with law, the court shall reverse or modify the Commissioner's ruling, order or decision in whole or in part."
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, the ayes were 37, nays 0, and the sub stitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Adams of the 22nd asked unanimous consent that all Senate bills and resolutions passed during this session be immediately transmitted to the House.
The consent was granted.
FRIDAY, FEBRUARY 13, 1959
401
SB 111. By Senator Greer of the 6th:
A hill to amend the act creating the Georgia Board of Landscape Architects, (Ga. Laws 1958, p. 400), so as to redefine the practice of landscape architecture; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SR 38. By Senators Jernigan of the 5th, Marshburn of the 33rd, Lanier of the 20th, Sanders of the 18th, Culpepper of the 7th, Mercer of the 49th, Gearreld of the 37th, Marshall of the 28th and others:
A resolution to create a committee composed of the Senate and House to study the effectiveness of high school training in preparing students for college work; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 31, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
SR 39. By Senator Mobley of the 17th:
A resolution authorizing the Governor to convey the Waynesboro State Farmers Market property to Burke County; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 38, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
SR 43. By Senators Holton of the 46th, Sanders of the 18th, Ramsey of the 1st, Lanier of the 20th and Roper of the 19th:
A resolution creating the Georgia Commission on Co-Ordination of Highway Problems; and for other purposes.
The Committee on Highways offered the following amendment:
By striking therefrom the words "The members of the Commission shall receive no compensation for their services but shall be reimbursed for actual expenses incurred" and inserting in lieu thereof the words "The members of the Commission shall receive the per diem and
402
JOURNAL OF THE SENATE,
allowances authorized for interim committees but shall not be com pensated for over fifteen (15) days."
On the adoption of the amendment, the ayes were 37, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution, as amended, was agreed to.
On the adoption of the resolution, the ayes were 37, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate amendments to the following bill of the House.
HB 98. By Messrs. Murphy of Haralson, Tamplin of Morgan, Hall, Scoggin and Lowrey of Floyd:
A bill to be entitled an act to amend an act relating to free tuition to the common schools, to provide that children who will be six years of age before the last day of December shall enter school at beginning of school year which begins same calendar year of sixth birthday; and for other purposes.
The House has amended the Senate amendment to the following bill of the House.
HB 309. By Messrs. McCown and Coalson of Polk:
A bill to be entitled an act to abolish the present mode of compensation in offices of Clerks of Superior Court and City Court, and Sheriff of Polk County; and for other purposes.
HB 184. By Messrs. Lanier of Candler and Ray of Warren:
A bill to be known as the "Georgia Seed Development Act"; to create the Georgia Seed Development Commission and define its duties, powers and liabilities; and for other purposes.
Senators Marshburn and Greer offered the following amendment:
Amend HB 184 by adding to the end of the first sentence in Section 6 the words "in furtherance of this Act".
On the adoption of the amendment, the ayes were 37, nays 0, and the amendment was adopted.
FRIDAY, FEBRUARY 13, 1959
403
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 324. By Messrs. Wilkes of Cook, Lott of Berrien, Newton and Matthews of Colquitt:
A bill to amend an act creating a Department of Natural Resources and four subdivisions thereof, so as to clarify authority of covinty and municipal governments; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 100. By Mr. Wilkes of Cook:
A resolution authorizing the conveyance of property situated in Cook County; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 35, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 210. By Messrs. McKenna, Wilson and Phillips of Bibb, Lanier of Candler, and Strickland of Evans:
A bill to amend an act creating a Department of Public Safety, so as to provide that the operator or chauffeur accompanying the holder of learner's license must be 21 years of age or over; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 117. By Messrs. Smith of Emanuel and Twitty of Mitchell: A resolution authorizing the Governor on behalf of the State of Georgia to convey to the United States of America, an easement for right-of-
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JOURNAL OF THE SENATE,
way purposes for a forest service road, in the 6th District of White County, being a part of Unicoi State Park property; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 37, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 356. By Mr. Hollis of Muscogee:
A bill to amend an act so as to provide for residence requirements of witnesses in applications for continuances on the ground of absence of witnesses; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 51. By Messrs. Busbee and Odom of Dougherty:
A bill to amend an act so as to provide that the provisions of this act be related particularly to substitute birth certificates for adopted chil dren be made effective as of March 6, 1856; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill was taken up for the purpose of considering House action thereto:
HB 98. By Messrs. Murphy of Haralson, Tamplin of Morgan, Hall, Scoggin and Lowrey of Floyd:
A bill to amend an act relating to free tuition to the common schools, so as to provide that children who will be six years of age on or before the last day of December of any year shall be entitled to enter school at the beginning of the school year which begins in the same calendar year of their sixth birthday; and for other purposes.
Senator Jernigan of the 5th moved that the Senate insist on its position in amending HB 98, and that a Committee of Conference be appointed.
On the motion, the ayes were 34, nays 0, and the motion prevailed.
FRIDAY, FEBRUARY 13, 1959
405
The president appointed as a Committee of Conference the following: Senators Jernigan of the 5th, Marshburn of the 33rd and Mercer of the 49th.
HB 227. By Mr. Orr of Wilkes:
A bill to amend an act requiring carnivals, circuses, etc., to appoint a resident agent for filing insurance policy subject to damages caused by show; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 50. By Mr. Orr of Wilkes:
A bill requiring carnivals, circuses and other itinerant shows to appoint a resident agent for service and file bond on insurance policy subject to damages caused by such show, to authorize the Secretary of State to prescribe and require use of standard form for such bonds; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 325. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A bill to amend act no. 2 of the 1959 session of the General Assembly, relating to creation of "Governor's Commission on Constitutional Gov ernment", approved February 3, 1959, so as to provide for funds for operation of commission; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 32. By Mr. Irvin of Habersham:
A bill to provide for executions of bond by school principals conditioned upon the accounting of all funds and property coming into principals' custody, control, care or possession; provide for annual report to local board; and for other purposes.
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JOURNAL OP THE SENATE,
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 240. By Mr. Hall of Floyd:
A bill to amend an act relating to compensation of members of county boards of education, so as to authorize General Assembly to provide by local act for such compensation; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 59. By Messrs. Melton and Bolton of Spalding and others:
A resolution relating to preparation of complete outline of grades and courses in the public schools of this State; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 34, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 78. By Mr. Pickett of Pickens: A resolution authorizing conveyance of certain property in Pickens County; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 35, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 248. By Mr. Bowen of Randolph: A bill to authorize administrators and executors to sell livestock and poultry at public sales establishments where such sale is in best interest of the state; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
FRIDAY, FEBRUARY 13, 1959
407
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Ramsey of the 1st District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bills and/or resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for trans mission to the Governor:
SB 45.
Respectfully submitted,
Ramsey of the 1st District,
Chairman.
Senator Ramsey of the 1st District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bills and/or resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for trans mission to the House:
SB 27.
SB 74.
SB 75.
SB 102.
SB 104.
SB 105.
SB 106.
SB 107.
SB 111.
SR 20.
SR 35.
SR 37.
SR 38.
SR 39.
Respectfully submitted,
Ramsey of the 1st District,
Chairman.
408
JOURNAL OF THE SENATE,
The following resolutions were read and adopted:
HR 134. By Messrs. Paris of Barrow, Odom of Dougherty and others:
A resolution relative to acquisition of Whitehall Plantation property in Chatham County; and for other purposes.
HR 188. By Mr. Summers of Crisp and Odom of Dougherty:
A resolution placing the General Assembly on record as being opposed to token integration; and for other purposes.
HR 189. By Mr. Melton of Spalding:
A resolution concerning the National Editorial Association; and for other purposes.
HR 187. By Mr. Hale of Dade:
A resolution expressing regret at the passing of Dr. Daniel Spencer Middleton; and for other purposes.
Senator Sanders of the 18th moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until 10:00 o'clock Monday morning.
MONDAY, FEBRUARY 16, 1959
409
Senate Chamber, Atlanta, Georgia, Monday, February 16, 1959.
The Senate met pursuant to adjournment at 10:00 o'clock this morning and was called to order by the president.
Scripture reading and prayer was offered by Rev. Elmer Bullington, pastor Bethel Baptist Church, Turner County, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Senator Clary of the 29th reported that the journal of Friday's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with and the journal was confirmed.
Senator Sanders of the 18th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.
The consent was granted.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House to wit:
HB 25. By Mr. Phillips of Bibb:
A bill to be entitled an act to amend an act providing for denial of rights of inheritance and right to receive benefits from insurance contracts, under certain circumstances; and for other purposes.
HB 31. By Messrs. Kidd and Chandler of Baldwin:
A bill to be entitled an act to amend code section 35-204 relating to persons who may be maintained free at Milledgeville State Hospital, etc.; and for other purposes.
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JOURNAL OF THE SENATE,
HB 182. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to be entitled an act to amend an act creating a new charter for the city of Chamblee; and for other purposes.
HB 232. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to be entitled an act to amend an act pertaining to the governing authority of DeKalb County, etc.; and for other purposes.
HB 239. By Messrs. Pickard of Muscogee, Pelham of Schley, and others:
A bill to be entitled an act to provide for the use of voting machines for computing ballots at all elections including primaries in all counties in the State of Georgia; and for other purposes.
HR 112. By Messrs. Smith of Lamar, Hall of Floyd, Carswell of Burke, Steis of Harris, and others:
A resolution ratifying and authorizing the payment of certain expenses of the Insurance Laws Revision Committee; and for other purposes.
HB 357. By Messrs. Melton of Spalding and Cheek of Taylor:
A bill to be entitled an act to amend an act approved Feb. 21, 1951, as amended, known as the Vocational Rehabilitation Act, to change the provision relating to subrogation by the State Board of Vocational Ed.; to repeal conflicting laws; and for other purposes.
HB 467. By Messrs. Smith, McClelland and Brooks of Fulton:
A bill to be entitled an act establishing a new charter for City of Atlanta, to extend the corporate limits (Sandy Springs); and for other purposes.
HB 468. By Mr. Dilworth of Franklin:
A bill to be entitled an act to create a new charter for the City of Carnesville; and for other purposes.
HB 471. By Messrs. Busbee and Odom of Dougherty:
A bill to be entitled an act creating a new charter for the City of Albany, to provide that in elections all candidates be required to receive a majority of votes; and for other purposes.
HB 473. By Mr. Dilworth of Franklin:
A bill to be entitled an act to amend an act creating the office of Commissioner of Roads and Revenues and the Advisory Board to the Commissioner of Franklin County; and for other purposes.
HB 476. By Mr. Strickland of Evans:
A bill to be entitled an act establishing the City Court of Claxton, to change distribution of fines and forfeitures; and for other purposes.
MONDAY, FEBRUARY 16, 1959
411
HB 477. By Mr. Strickland of Evans:
A bill to be entitled an act to create a charter for the City of Bellville; and for other purposes.
HB 479. By Messrs. Busbee and Odom of Dougherty:
A bill to be entitled an act to amend an act to create a new charter for the City of Albany, to provide method of electing General Manager of the water, gas and light commission; and for other purposes.
HB 480. By Messrs. Busbee and Odom of Dougherty:
A bill to be entitled an act to amend the charter of the City of Albany, defining the corporate limits of said city; and for other purposes.
HB 481. By Messrs. McKenna, Phillips and Wilson of Bibb:
A bill to be entitled an act to amend an act to re-enact the charter of the City of Macon, relating to the corporate limits; and for other purposes.
HB 482. By Messrs. McKenna, Phillips and Wilson of Bibb:
A bill to be entitled an act authorizing the City of Macon to close that portion of ten-foot alley known as New Street Lane; and for other purposes.
HB 483. By Messrs. McKenna, Phillips and Wilson of Bibb:
A bill to be entitled an act incorporating the City of Macon, to lease a portion of City Park to Macon Boat Club, Inc.; and for other purposes.
HB 484. By Messrs. Kidd and Chandler of Baldwin:
A bill to be entitled an act creating a new charter for the City of Milledgeville, to provide procedure for returning property for taxation; and for other purposes.
HB 487. By Mr. Twitty of Mitchell:
A bill to be entitled an act to provide that where two or more persons hold land as life tenants, one of such tenants may compel a partition which may bind all parties interested; and for other purposes.
HB 488. By Messrs. Hodges and Parker of Ware:
A bill to be entitled an act providing a new charter for City of Waycross, to include in city limits "Wayne Hinson's Subdivision"; and for other purposes.
HB 492. By Messrs. McClelland, Smith and Brooks of Pulton:
A bill to be entitled an act to amend the charter of the City of Atlanta, relating to salary of the members of Board of Education; and for other purposes.
412
JOURNAL OF THE SENATE,
HB 497. By Messrs. Reed, Willingham and Holcombe of Cobb:
A bill to be entitled an act to amend an act to create a new charter for the City of Smyrna, relating to civil service for police and fire depart ments; and for other purposes.
HB 498. By Messrs. Smith, Brooks and McClelland of Fulton:
A bill to be entitled an act to amend an act to provide for partial pensions benefits for persons employed in public school system in cities of more than 150,000; and for other purposes.
HB 499. By Messrs. Smith, Brooks and McClelland of Fulton:
A bill to be entitled an act to amend an act to provide Fulton County a system of pension and retirement pay to teachers and employees of the Board of Education; and for other purposes.
HB 505. By Messrs. Hall, Scoggin and Lowrey of Floyd:
A bill to be entitled an act to amend an act to provide regular meetings of Commissioners of Roads and Revenue of Floyd County; and for other purposes.
HB 506. By Messrs. Scoggin, Lowrey and Hall of Floyd:
A bill to be entitled an act to amend an act to abolish the fee system and prescribe salaries for the offices of Clerk of Superior Court, Clerk of City Court, and Sheriff of Floyd County; and for other purposes.
HB 507. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to be entitled an act to establish a commission in DeKalb county to study the governments of DeKalb County and the cities therein to improve local governments and provide efficiency and economy; and for other purposes.
HB 509. By Messrs. Hall, Scoggin. and Lowrey of Floyd:
A bill to be entitled an act to empower Floyd County to construct and/or maintain the territory outside limits of incorporated municipali ties, system of waterworks, sewerage, etc.; and for other purposes.
HB 510. By Mr. Bagby of Paulding:
A bill to be entitled an act to amend an act creating office of Tax Commissioner of Paulding County, to increase funds for clerical help; and for other purposes.
HB 511. By Mr. Bagby of Paulding:
A bill to be entitled an act to provide the Ordinary of Paulding County allowance up to one hundred dollars per month for clerical help; and for other purposes.
HB 515. By Messrs. Keever and Bradley of Bartow:
A bill to be entitled an act to provide that counties having a population
MONDAY, FEBRUARY 16, 1959
413
not less than 27,200 nor more than 27,600, establish and maintain a law library, etc.; and for other purposes.
HR 171. By Messrs. Milhollin and Williams of Coffee:
A resolution authorizing the conveyance of certain property in Coffee County; and for other purposes.
HR 166. By Messrs. Cox and Matthews of Clarke:
A resolution authorizing the conveyance of certain land in Clarke County; and for other purposes.
HR 200. By Messrs. Bagby of Paulding, NeSmtih of Meriwether, McClelland of Fulton and others:
A resolution authorizing the Governor and the Chairman of Public Service Commission to act for State in connection with enlargement of W. & A. Railroad freight yard, and to convey State's rights in land; and for other purposes.
SB 26. By Senator Dykes of the 2nd:
A bill to be entitled an act to amend an act establishing the City Court of Hinesville, approved August 9, 1916, as amended, so as to change the salary of the Judge and Solicitor; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 71. By Mr. Dykes of the 2nd:
A bill to be entitled an act to amend the act creating the office of Tax Commissioner of Liberty County so as to change the compensation of the Tax Commissioner; and for other purposes.
The House has agreed to the Senate amendments to the following bills of the House:
HB 34. By Messrs. Floyd of Chattooga, Cheatham of Chatham, Hale of Dade, and others:
A bill to be entitled an act to amend an act providing for the creating of office of Judge of the Superior Courts Emeritus, so as to provide that a Judge in order to be eligible to receive the benefits provided by said Act, must begin making contributions required by said Act by June 1, 1959 or within 90 days after taking office as Judge of the Superior Court; and for other purposes.
HB 191. By Mr. Smith of Emanuel:
A bill to be entitled an act to amend an act incorporating the City of Swainsboro, so as to change the corporate limits of the City of Swainsboro; and for other purposes.
HB 189. By Mr. Willingham of Cobb:
A bill to be entitled an act to amend an act relating to absentee ballots so as to change the number of days of notice which must be given in order to vote by mail; and for other purposes.
414
JOURNAL OF THE SENATE,
HB 150. By Messrs. Brooks, McClelland and Smith of Fulton:
A bill to be entitled an act to amend an act to provide that in cities having a population of more than 150,000 pensions shall be furnished to all employees and officers of said cities who have served 25 years, so as to provide for credit for service in the armed forces; and for other purposes.
HB 72. By Mr. Shuman of Bryan:
A bill to be entitled an act to change the compensation of the Sheriff, Deputy Sheriff of the 20th GMD, the Deputy Sheriff of the 19th and 138th GMD, and the Clerk of the Superior Court of Bryan County from the fee system to the salary system; and for other purposes.
HB 74. By Mr. Shuman of Bryan:
A bill to be entitled an act to amend an act creating and establishing the City Court of Pembroke, so as to provide compensation for the Solicitor General; to provide for the disposing of fees; and for other purposes.
HB 188. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to be entitled an act to amend an act establishing a new charter for the City of College Park; to prescribe its limits, extending them so as to take in a strip of land in Clayton County; and for other purposes.
HB 310. By Mr. Love of Catoosa:
A bill to be entitled an act to change the compensation of the Ordinary, and the Clerk of the Superior Court of Catoosa County from the fee system to the salary system; and for other purposes.
HB 272. By Messrs. Cox of Clarke, Gowen of Glynn and others:
A bill to be entitled an act to revise the judiciary practices and pro cedures of this State; to enable unincorporated organizations or asso ciations to sue and be sued as entities in their common names in the Courts of this State; and for other purposes.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has agreed to Senate amendments to the following bill and resolution of the House:
HE 29. By Messrs. Jones and Undercofler of Sumter:
A resolution to name the Americus-Vienna Bridge as the "Luther Storey Bridge"; and for other purposes.
HB 47. By Mr. Holcombe of Cobb:
A bill to be entitled an act to provide that it shall be unlawful for any
MONDAY, FEBRUARY 16, 1959
415
person to operate motor vehicles upon public roads of this State so as to race or otherwise engage in contest of speed; and for other purposes.
The following bills were introduced, read the first time and referred to committees:
SB 126. By Senator Carlisle of the 51st:
A bill to amend Section 114-803 of the Code of Georgia pertaining to Workmen's Compensation defining occupational diseases so as to pro vide that occupational disease shall include poisoning by phosphorus; and for other purposes.
Referred to the Committee on Industry and Labor.
SB 127. By Senator Ramsey of the 1st:
A bill to amend Section 76-202 of the Code of Georgia which relates to Breach of the Peace Bond so as to provide that said section shall only be applicable in counties having a population of not less than 150,000 nor more than 300,000; and for other purposes.
Referred to the Committee on Judiciary.
HB 25. By Mr. Phillips of Bibb:
A bill to amend an act providing for denial of rights of inheritance and right to receive benefits from insurance contractors, under certain circumstances; and for other purposes.
Referred to Committee on Judiciary.
HB 31. By Messrs. Kidd and Chandler of Baldwin:
A bill to amend code section 35-204 relating to persons who may be maintained free at Milledgeville State Hospital, etc.; and for other purposes.
Referred to Committee on Health and Welfare.
HB 182. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend an act creating a new charter for the City of Chamblee; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 232. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend an act pertaining to the governing authority of DeKalb County, etc.; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 239. By Messrs. Pickard of Muscogee, Pelham of Schley and others: A bill to provide for the use of voting machines for computing ballots
416
JOURNAL OF THE SENATE,
at all elections including primaries in all counties in the State of Georgia; and for other purposes.
Referred to Committee on Rules.
HB 357. By Messrs. Melton of Spalding and Cheek of Taylor:
A bill to amend an act approved February 21, 1951, as amended, known as the Vocational Rehabilitation Act, to change the provision relating to subrogation by the State Board of Vocational Rehabilitation Educa tion; to repeal conflicting laws; and for other purposes.
Referred to Committee on Educational Matters.
HB 468. By Mr. Dilworth of Franklin:
A bill to create a new charter for the City of Carnesville; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 467. By Messrs. Smith, McClelland and Brooks of Fulton:
A bill establishing a new charter for City of Atlanta, to extend the corporate limits (Sandy Springs); and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 471. By Messrs. Busbee and Odom of Dougherty:
A bill creating a new charter for the City of Albany, to provide that in elections all candidates be required to receive a majority of votes; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 473. By Mr. Dilworth of Franklin:
A bill to amend an act creating the office of Commissioner of Roads and Revenues and the Advisory Board to the Commissioner of Franklin County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 476. By Mr. Strickland of Evans:
A bill to amend an act establishing the City Court of Claxton, to change distribution of fines and forfeitures; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 477. By Mr. Strickland of Evans:
A bill to create a charter for the City of Bellville; and for other purposes.
Referred to Committee on County and Municipal Governments.
MONDAY, FEBRUARY 16, 1959
417
HB 479. By Messrs. Busbee and Odom of Dougherty:
A bill to amend an act to create a new charter for the City of Albany, to provide method of electing General Manager of the water, gas and light commission; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 480. By Messrs. Busbee and Odom of Dougherty:
A bill to amend the charter of the City of Albany, defining the corporate limits of said city; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 481. By Messrs. McKenna, Phillips and Wilson of Bibb:
A bill to amend an act to re-enact the charter of the City of Macon, relating to the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 482. By Messrs. McKenna, Phillips and Wilson of Bibb:
A bill authorizing the City of Macon to close that portion of ten-foot alley known as New Street Lane; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 483. By Messrs. McKenna, Phillips and Wilson of Bibb:
A bill incorporating the City of Macon, to lease a portion of City Park to Macon Boat Club, Inc.; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 484. By Messrs. Kidd and Chandler of Baldwin: A bill creating a new charter for the City of Milledgeville, to provide procedure for returning property for taxation; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 487. By Mr. Twitty of Mitchell:
A bill to provide that where two or more persons hold land as life tenants, one of such tenants may compel a partition which may bind all parties interested; and for other purposes.
Referred to Committee on Judiciary.
HB 488. By Messrs. Hodges and Parker of Ware:
A bill providing a new charter for City of Waycross, to include in city limits "Wayne Hinson's Subdivision;" and for other purposes.
Referred to Committee on County and Municipal Governments.
418
JOURNAL OF THE SENATE,
HB 492. By Messrs. McClelland, Smith and Brooks of Fulton:
A bill to amend the charter of the City of Atlanta, relating to salary of the members of Board of Education; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 497. By Messrs. Reed, Willingham and Holcombe of Cobb:
A bill to amend an act to create a new charter for the City of Smyrna, relating to civil service for police and fire departments; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 498. By Messrs. Smith, Brooks and McClelland of Fulton:
A bill to amend an act to provide for partial pension benefits for persons employed in public school system in cities of more than 150,000; and for other purposes. Referred to Committee on County and Municipal Governments.
HB 499. By Messrs. Smith, Brooks and McClelland of Fulton:
A bill to amend an act to provide Fulton County a system of pension and retirement pay to teachers and employees of the Board of Educa tion; and for other purposes. Referred to Committee on County and Municipal Governments.
HB 505. By Messrs. Hall, Scoggin and Lowrey of Floyd:
A bill to amend an act to provide regular meetings of Commissioners of Roads and Revenue of Floyd County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 506. By Messrs. Scoggin, Lowrey and Hall of Floyd:
A bill to amend an act to abolish the fee system and prescribe salaries for the offices of clerk of Superior Court, clerk of City Court and sheriff of Floyd County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 507. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to establish a commission in DeKalb County to study the govern ments of DeKalb County and the cities therein to improve local govern ments and provide efficiency and economy; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 509. By Messrs. Hall, Scoggin and Lowrey of Floyd:
A bill to empower Floyd County to construct and/or maintain the territory outside limits of incorporated municipalities, system of water works, sewerage, etc.; and for other purposes.
Referred to Committee on County and Municipal Governments.
MONDAY, FEBRUARY 16, 1959
419
HB 510. By Mr. Bagby of Paulding:
A bill to amend an act creating office of Tax Commissioner of Paulding County, to increase funds for clerical help; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 511. By Mr. Bagby of Paulding:
A bill to provide the Ordinary of Paulding County allowance up to one hundred dollars per month for clerical help; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 515. By Messrs. Keever and Bradley of Bartow:
A bill to provide that counties having a population not less than 27,200 nor more than 27,600 establish and maintain a law library; etc.; and for other purposes.
Referred to Committee on County and Municipal Governments.
HR 112. By Messrs. Smith of Lamar, Hall of Floyd, Carswell of Burke, Steis of Harris and others:
A resolution ratifying and authorizing the payment of certain expenses of the Insurance Laws Revision Committee; and for other purposes.
Referred to Committee on Rules.
HR 166. By Messrs. Cox and Matthews of Clarke:
A resolution authorizing the conveyance of certain land in Clarke County; and for other purposes.
Referred to Committee on Rules.
HR 171. By Messrs. Milhollin and Williams of Coffee:
A resolution authorizing the conveyance of certain property in Coffee County; and for other purposes.
Referred to Committee on Rules.
HR 200. By Messrs. Bagby of Paulding, NeSmith of Meriwether, McClelland of Fulton and others:
A resolution authorizing the Governor and the chairman of Public Service Commission to act for State in connection with enlargement of W. & A. Railroad freight yard, and to convey State's rights in land; and for other purposes.
Referred to Committee on Rules.
The following bills and resolutions were read the second time:
HB 110. By Messrs. Fowler of Douglas and Lanier of Candler: A bill relating to meat, poultry, and dairy processing plants, to author-
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ize the commissioner to adopt rules to maintain adequate inspection program; and for other purposes.
HB 180. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend an act pertaining to the governing authority of DeKalb County creating a chairman and Board of Commissioners of Roads and Revenues for DeKalb County; and for other purposes.
HB 206. By Messrs. Matthews, Clarke, Barber of Jackson and Melton of Spalding:
A bill to amend an act establishing a Retirement System for Teachers, so as to authorize inclusion of Radio Station WGST employees under the provisions of said system; and for other purposes.
HB 215. By Mr. Hall of Floyd:
A bill to amend an act creating a Teachers' Retirement System, to define service breaks relative to computing creditable service; and for other purposes.
HB 255. By Mr. Bolton of Spalding:
A bill to repeal an act entitled "An Act to authorize the ordinary of each county to return a marriage license with the return thereon when the same shall have been recorded as provided by law;" and for other purposes.
HB 326. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A bill to amend section 89-420 of the Code of Georgia of 1933 relating to actions taken on bonds from public officers by providing venue for such actions; and for other purposes.
HB 332. By Messrs. Coalson of Polk, Reed of Cobb and others:
A bill to amend an act entitled "An act to amend section 92-5301 of the code of Georgia of 1933", to change classes and amounts of com missions allowed tax receivers and tax collectors; and for other purposes.
HB 385. By Messrs. Musgrove of Clinch and Parker of Appling:
A bill to amend an act consolidating the laws relating to the State Game and Fish Commission, to change the non-resident fishing licenses; and for other purposes.
HB 388. By Messrs. Brennan, McGee and Cheatham of Chatham:
A bill to amend an act relating to registration of licensing of motor vehicles, to require penalties collected in counties and cities having population of more than 150,000 be remitted to fiscal authorities; and for other purposes.
HB 422. By Mr. Ray of Warren:
A bill to transfer the Department of Entomology to the Department of Agriculture of the State of Georgia; and for other purposes.
MONDAY, FEBRUARY 16, 1959
421
HB 435. By Mr. Lanier of Candler:
A bill to provide for a supplemental salary for the Ordinary of Candler County; and for other purposes.
HB 437. By Mr. Massee of Pulaski:
A bill to amend an act creating the office of Commissioner of Roads and Revenues of Pulaski County; and for other purposes.
HB 438. By Mr. Hill of Tattnall:
A bill to amend an act establishing the City Court of Reidsville; and for other purposes.
HB 440. By Mr. Jones of Crawford:
A bill to provide additional compensation for the Clerk of the Superior Court of Crawford County; and for other purposes.
HB 441. By Messrs. Twitty of Mitchell and Gowen of Glynn:
A bill to amend an act creating the positions of Judge Emeritus of the Court of Appeals of Georgia; and for other purposes.
HB 443. By Messrs. Bolton and Melton of Spalding:
A bill to amend the charter of the City of Griffin, to provide that the chairman of the Board of Commissioners shall have the honorary title as Mayor; and for other purposes.
HB 445. By Mr. Hill of Tattnall:
A bill to amend an act incorporating the City of Collins; and for other purposes.
HB 448. By Mr. Busbee of Dougherty:
A bill to amend an act to create a new charter for the City of Albany, to place personnel of police and fire departments under control of city manager; and for other purposes.
HB 449. By Mr. Busbee of Dougherty:
A bill to create a new charter for the City of Albany, to increase ad valorem taxes; and for other purposes.
HB 450. By Mr. Fowler of Douglas:
A bill to create a fire district in Douglas County, etc.; to levy a tax in such district; and for other purposes.
HB 451. By Messrs. Walker and Budd of Lowndes:
A bill to amend the charter of the City of Valdosta; to redefine the corporate limits; and for other purposes.
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HB 452. By Messrs. Walker and Budd of Lowndes:
A bill to amend the charter for the City of Valdosta, relating to fines of Recorder's Court; and for other purposes.
HB 453. By Mr. Green of Laurens: A bill incorporating the Town of Cadwell; and for other purposes.
HB 454. By Messrs. Duncan and Craven of Carroll:
A bill establishing a City Court of Carrollton, to create office of Judge Emeritus of said Court; and for other purposes.
HB 455. By Mr. Fowler of Douglas:
A bill to incorporate the Community of Lithia Springs in Douglas County; and for other purposes.
HB 457. By Mr. Twitty of Mitchell:
A bill to amend an act relating to laborer's and materialmen's liens, to provide certain associations shall be entitled to benefits of code sections 67-2001 and 67-2002; and for other purposes.
HB 459. By Messrs. Edwards, Fuqua and Fleming of Richmond:
A bill regulating public instruction in Richmond County to provide additional members on the Board of Education of Richmond County; and for other purposes.
HB 461. By Mr. Johnson of Butts:
A bill to amend the charter of the City of Jackson; and for other purposes.
HB 462. By Messrs. Willingham, Reed and Holcombe of Cobb:
A bill incorporating the City of Marietta, to change, extend and re define the city limits; and for other purposes.
HB 464. By Messrs. Keever and Bradley of Bartow:
A bill to amend an act to incorporate the Town of White in the County of Bartow; and for other purposes.
HB 465. By Messrs. Keever and Bradley of Bartow:
A bill to consolidate all laws chartering the Town of Kingston, to change the name to City of Kingston; and for other purposes.
HB 466. By Messrs. Keever and Bradley of Bartow:
A bill to amend an act incorporating the Town of Emerson; and for other purposes.
MONDAY, FEBRUARY 16, 1959
423
HR 38. By Messrs. Payton and Blalock of Coweta:
A resolution to compensate Wilbur F. Powers of Newnan, Georgia; and for other purposes.
HR 39. By Mr. Odom of Camden:
A resolution proposing an amendment to the Constitution to authorize the governing authority of the City of St. Mary's to bind said city by contract with any corporation, partnership or individual; and for other purposes.
HR 46. By Messrs. Lee and Blalock of Clayton:
A resolution proposing an amendment to the Constitution to provide for the establishment of fire prevention districts in Clayton County; and for other purposes.
HR 57. By Mr. Miller of Elbert:
A resolution relative to the acquisition and disposition of certain prop erty of the State utilized as the Elberton Armory Grounds; and for other purposes.
HR 67. By Mr. Strickland of Evans:
A resolution to compensate Mr. Albert Parker (Department of Public Safety); and for other purposes.
HR 77. By Messrs. Bostick and Branch of Tift:
A resolution proposing an amendment to the Constitution so as to provide for compensation for the members of the County School Board of Tift County; and for other purposes.
HR 115. By Messrs. Andrews and Williams of Hall:
A resolution to compensate Wilma Hulsey Dorsey; and for other purposes.
HR 146. By Messrs. Loggins and Floyd of Chattooga:
A resolution proposing an amendment to the Constitution to provide for election and procedure, ratification or rejection of members of Board of Education of Chattooga County by the people; and for other purposes.
HR 161. By Messrs. Hollis of Muscogee, Wilkes of Cook and McCracken of Jefferson:
A resolution creating a committee to study HB 115; and for other purposes.
Senator Brown of the 52nd District, Chairman of the Committee on County and Municipal Governments, submitted the following report:
Mr. President:
Your Committee on County and Municipal Governments has had under
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consideration the following bills of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 118. Do Pass. SB 122. Do Pass. SB 120. Do Pass. SB 119. Do Pass. SB 121. Do Pass. SB 123. Do Pass. HB 165. Do Pass. HB 183. Do Pass.
Respectfully submitted, Brown of 52nd District, Chairman.
Senator Greer of the 6th District, Secretary of the Committee on Govern ment Operations, submitted the following report:
Mr. President:
Your Committee on Government Operations has had under consideration the following bill and resolution of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 388. Do Pass, as Amended.
HR 57. Do Pass.
Respectfully submitted,
Greer of 6th District,
Secretary.
Senator Vaughn of the 34th District, Chairman of the Committee on Rules, submitted the following report:
Mr. President: Your Committee on Rules has had under consideration the following reso
lutions of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SR 47. Do Pass, as Amended.
HR 123. Do Pass.
Respectfully submitted,
Vaughn of 34th District,
Chairman.
MONDAY, FEBRUARY 16, 1959
425
The following local uncontested bills were read the third time and put upon their passage:
SB 118. By Senator Brown of the 52nd:
A bill to amend the act establishing a pension system for officers and employees in cities having a population of more than 150,000, so as to provide for a transfer of funds from the pension system of such city to the pension fund of the State of Georgia if such officer or employee is transferred to a position of employment with the State of Georgia; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 119. By Senator Perry of the 24th:
A bill to amend the act creating a charter for the Town of Buena Vista so as to lengthen the term of the mayor for said city; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 120. By Senator Buff of the 44th:
A bill to amend the act incorporating the Town of Ringgold so as to enlarge the corporate limits of said town; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 121. By Senator Buff of the 44th: A bill to amend the act creating a charter for the Town of Ringgold so as to provide for the hours of elections in said town; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
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The bill, having received the requisite constitutional majority, was passed.
SB 122. By Senator Buff of the 44th:
A bill to amend the act incorporating the Town of Fort Oglethorpe so as to enlarge the corporate limits of said town; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 123. By Senator Buff of the 44th:
A bill to create the Board of Commissioners of Roads and Revenues for the County of Catoosa; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 165. By Mr. Dicus of Muscogee:
A bill to amend an act providing for the examination of master and journeyman plumbers and steamfitters in certain counties and cities; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 183. By Messrs. Mackay, McWhorter and Rutland of DeKalb: A bill to amend an act creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, providing for contracts and purchasing by the City Manager; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
MONDAY, FEBRUARY 16, 1959
427
HB 217. By Mr. Hall of Floyd:
A bill to amend an act relating to membership on County Boards of Education, to provide for election of members of said Board by the Grand Jury; and for other purposes.
Senator Culpepper of the 7th moved that HB 217 be recommitted to the Committee on Educational Matters.
On the motion, the ayes were 38, nays 0.
The motion prevailed and HB 217 was recommitted to the Committee on Educational Matters.
HB 301. By Mr. Trotter of Troup:
A bill to repeal a resolution creating the "All-South Centennial Com mittee of Georgia"; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following general bills, favorably reported by the committees, were read the third time and put upon their passage:
HB 364. By Messrs. Ray of Warren, Smith of Emanuel, Twitty of Mitchell and others:
A bill to create a Georgia Industrial Development Administration; to provide appointment and qualifications for members of the admin istration; and for other purposes.
The Committee on Labor and Industry offered the following amendment:
(1) By striking the word "five" in Section 1 and inserting in lieu thereof the word "six".
(2) By adding after the words "the Secretary of State" in Section 1 the words "the Comptroller General".
(3) By striking the word "Three" in Section 1 and inserting in lieu thereof the word "Four".
On the adoption of the amendment, the ayes were 44, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
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The bill, having received the requisite constitutional majority, was passed as amended.
HB 307. By Messrs. McCracken of Jefferson, Fuqua, Fleming and Edwards of Richmond:
A bill to amend an act to authorize the governing authorities of the several municipalities and counties to establish separate or joint plan ning commissions; and for other purposes.
The Committee on Rules offered the following substitute:
A BILL
To be entitled an Act to amend an Act authorizing the governing authorities of municipalities and counties to establish planning com missions, approved March 13, 1957 (Ga. Laws 1957, p. 420), as amended, by an Act approved March 17, 1958 (Ga. Laws 1958, p. 169), so as to clarify the provisions relating to the formation of planning commis sions and the membership thereof; to provide for a vice chairman of a planning commission; to remove superfluous provisions relating to powers and authority; to provide the effect of existing laws; to provide for public hearings by planning commissions in lieu of public hearings by governing authorities; to renumber certain Sections; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act authorizing the governing authorities of muni cipalities and counties to establish planning commissions, approved March 13, 1957 (Ga. Laws 1957, p. 420), as amended, by an Act ap proved March 17, 1958 (Ga. Laws 1958, p. 169), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1, to read as follows:
"Section 1. Planning Commissions: Creation and Appointment. The governing authority of each municipality in this State is authorized to create by ordinance a municipal planning commission. The governing authority of each county in this State is authorized to create by resolution a county planning commission. Any two or more municipalities are authorized to create a joint planning commission. Any two or more counties are authorized to create a joint planning commission. Any one or more counties and any one or more municipalities in any one or more of these counties are authorized to create a joint planning commission. Wherever the terms, "Municipal Planning Commission", "County Planning Com mission", or "Municipal-County Planning Commission," are used hereinafter, they shall be construed to mean and shall include any planning commission established hereunder. The governing authori ties of the political subdivision or subdivisions creating a planning commission shall select the name of the commission, but such name must include the term "Planning Commission." A planning commission shall be composed of not less than five nor more than 12 members, to be appointed by the governing authority or authorities of the political subdivision or subdivisions creating the commission. A majority of the members of a planning commission
MONDAY, FEBRUARY 16, 1959
429
shall be persons who hold no other public office in the munici pality or county from which they are appointed. Ex-officio mem bers of the commission who hold public office shall serve on the commission during the time they hold such public office. Other members of the commission shall be appointed for overlapping terms of three, four or five years and shall serve until their suc cessors are appointed. Original appointments may be made for a lesser number of years so that the terms of said members shall be staggered. The compensation of the members, if any, shall be determined by the governing authority or authorities of the po litical subdivision or subdivisions creating the commission. Any vacancy in the membership of a planning commission shall be filled for the unexpired term in the same manner as the original appointment. The governing authority or authorities of the politi cal subdivision or subdivisions creating the commission are hereby authorized to remove any member of the commission for cause after written notice and public hearing."
Section 2. Said Act is further amended by adding after the first sentence of Section 2 the following:
"A second appointive member shall be elected as Vice Chair man, and he shall serve for one year or until he is re-elected or his successor is elected",
so that when so amended, Section 2 shall read as follows:
Section 2. Planning Commission: Organization, rules, staff, and finances. The municipal planning commission, the county plan ning commission, or the municipal-county planning commission shall elect one of its appointive members as chairman who shall serve for one year or until he is re-elected or his successor is elected. A second appointive member shall be elected as vice chairman, and he shall serve for one year or until he is re-elected or his successor is elected. The planning commission shall appoint a secretary who may be an officer or an employee of the governing authority or of the planning commission. The planning commismission shall meet at least once each month at the call of the chairman and at such other times as the chairman or board may determine, shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record. The planning commission may appoint such employees and staff as it may deem necessary for its work. In the performance of its duties, the plan ning commission may cooperate with, contract with, or accept funds from Federal, State, or local, public or semi-public agencies or private individuals or corporations, may expend such funds, and may carry out such cooperative undertakings and contracts. It make expenditures for the purchase of required equipment and supplies. The expenditures of the planning commission, exclusive of gifts to the commission or contract receipts, shall be within the amounts appropriated for the purpose by the governing author ity or authorities who are empowered to determine, agree upon, and appropriate funds for the payment of the expenses of the planning commission or their respective shares thereof."
Section 3. Said Act is further amended by striking Section 27, which reads as follows:
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"Section 27. Powers and Authority Granted to Municipal and County Governing Authorities are Cumulative. All powers and authority granted by this Act to the governing authorities of the municipalities and counties of this State shall be cumulative. Such powers and authority shall be in addition to all other powers and authority such governing authorities now have or may later have under any other laws."
in its entirety.
Section 4. Said Act is further amended by striking Section 28, which reads as follows:
"Section 28. Powers and Authority Granted to Municipal and County and Joint Municipal-County Planning Commissions and Boards of Appeals are Cumulative. All powers and authority granted by this Act to municipal and county and joint municipalcounty planning commissions and boards of appeals shall be cumu lative. Such powers and authority shall be in addition to all other powers and authority such planning commissions and boards of appeals now have or may later have under other laws."
in its entirety.
Section 5. Said Act is further amended by renumbering the present Section 29 as Section 27, and by striikng said Section 27 in its entirety and inserting in lieu thereof a new Section 27 to read as follows:
"Section 27. Effect on Existing Planning and Zoning Author ization. This Act shall become effective upon its adoption by the governing authority of a municipality or a county, as the case might be. Any municipality which, prior to January 31, 1946, had the power and authority under its charter as originally granted or amended to engage in planning and zoning, as authorized by the Constitution of Georgia, and any municipality or county which now has the power and authority to engage in planning and zoning under the provisions of an Act relating to zoning and planning, approved January 31, 1946, (Ga. Laws 1946, p. 191) as amended, or under the provisions of any local or special Act, or under the provisions of the Constitution of Georgia may continue to operate thereunder until the governing authority of such muni cipality or county shall declare this Act to be effective.
"Any county resolution or municipal ordinance legally enacted under the authority of any such statute or constitutional provision shall remain in force and effect after this Act becomes effective, until the county or municipality has brought such resolution or ordinance into conformity with the provisions of this Act. Pro vided, however, that after this Act becomes effective in any muni cipality or county, such resolutions and ordinances shall be admin istered under the provisions of this Act and any amendment to any such county resolution or municipal ordinance shall be made under the provisions of this Act."
Section 6. Said act is further amended by adding at the end of Section 10 thereof the words: "However, the governing authority of the municipality and county may, by joint resolution, authorize a Municipal-County Planning Commission to all hold the public hearing in lieu of the public hearing required by the governing authority of
MONDAY, FEBRUARY 16, 1959
431
the municipality and county and that when so authorized by ordinance or resolution by the governing authority of the municipality and county, the Municipal-County Planning Commission shall hold a public hearing thereon; at least fifteen (15) days' notice of the time and place shall be published in a newspaper of general circulation in the county before enacting any amendment to the zoning ordinance or resolution, including the maps and that when said public hearing is held as required herein by the Municipal-County Planning Commission a public hearing by the governing authority of the municipality or county shall not be necessary before amending the said zoning ordinance or resolution including the maps thereof", so that said Section, when amended, shall read as follows:
"Section 6. Zoning: Amendments. The zoning ordinance or resolution, including the maps, may be amended from time to time; but no amendment shall become effective unless it shall have been proposed by or shall first have been submitted to the muni cipal planning commission, the county planning commission, or the municipal-county planning commission for review and recommenda tion. The planning commission shall have thirty (30) days within which to submit its report. If the planning commission fails to submit a report within the thirty (30) day period, it shall be deemed to have approved the proposed amendment. The provi sions of the previous section relative to public hearings and offi cial notice shall apply equally to all amendments. However, the governing authority of the municipality and county may, by joint resolution, authorize a Municipal-County Planning Commission to all hold the public hearing in lieu of the public hearing required by the governing authority of the municipality and county and that when so authorized by ordinance or resolution by the gov erning authority of the municipality and county, the MunicipalCounty Planning Commission shall hold a public hearing thereon; at least fifteen (15) days' notice of the time and place shall be published in a newspaper of general circulation in the county before enacting any amendment to the zoning ordinance or reso lution, including the maps and that when said public hearing is held as required herein by the Municipal-County Planning Comsion a public hearing by the governing authority of the municipality or county shall not be necessary before amending the said zoning ordinance or resolution including the maps thereof."
Section 7. Said Act is further amended by renumbering present Section 30 as Section 28; present Section 31 as Section 29; present Section 32 as Section 30; and present Section 33 as Section 31.
Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, the ayes were 40, nays 0, and the sub stitute was adopted.
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
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The bill, having received the requisite constitutional majority, was passed by substitute.
SB 125. By Senators Redwine of the 26th, Perry of the 24th and Wright of the 42nd:
A bill to amend the act relating to the regulation of rates for casualty insurance (Ga. Laws 1947, p. 1506), so as to change the procedure relating to the approval and disapproval of rate filings; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 426. By Messrs. Smith of Emanuel, Twitty of Mitchell, Cox of Clarke, Matthews of Clarke and Barber of Jackson:
A bill to amend an act known as the "University System Building Authority Act", so as to add the Chancellor of the University System of Georgia to the membership; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 427. By Messrs. Smith of Emanuel, Twitty of Mitchell, Cox of Clarke, Matthews of Clarke and Barber of Jackson:
A bill to amend an act known as the "State School Building Authority Act, so as to add the Chancellor of the University System of Georgia to the membership of said authority; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SR 47. By Senator Lindsey of the llth:
A resolution that the Senate endorse proposal of establishing a "Hall of Flags" in the Capitol Building and requests Governor Ernest Vandiver to appoint a committee to work out details and reports its recom mendations to the 1960 session of the General Assembly.
MONDAY, FEBRUARY 16, 1959
433
The Committee on Rules offered the following amendment:
Amend SR 47 by adding the following sentence at the end of said resolution: "Said Committee shall serve without remuneration".
On the adoption of the amendment, the ayes were 35, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.
On the adoption of the resolution, the ayes were 35, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
Senator Ramsey of the 1st District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bills and/ or resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the House:
SB 112.
SB 114.
SB 115.
SB 116.
SB 117.
SB 118.
SB 119.
SB 120.
SB 121.
SB 122.
SB 123.
SB 125.
SR 43.
Respectfully submitted,
Ramsey of the 1st District,
Chairman.
HR 123. By Mr. Walker of Telfair:
A resolution to authorize the Governor acting on behalf of the State of Georgia to convey certain property in Telfair County to Telfair County; and for other purposes.
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JOURNAL OF THE SENATE,
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 35, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following resolutions were read and adopted:
SR 49. By Senator Smith of the 4th: A resolution to designate the Bell Bridge; and for other purposes.
SR 50. By Senator Brown of the 52nd:
A resolution commemorating Honorable James W. Woodruff; and for other purposes.
SR 51. By Senator Greer of the 6th:
A resolution memorialing Congress to repeal excise taxes on telephone services; and for other purposes.
Senator Carlisle of the 51st moved that the Senate do now adjourn, and the motion prevailed.
The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.
TUESDAY, FEBRUARY 17, 1959
435
Senate Chamber, Atlanta, Georgia, Tuesday, February 17, 1959.
The Senate met pursuant to adjournment at 10:00 o'clock this morning and was called to order by the president.
Scripture reading and prayer was offered by Rev. Ted Griner, pastor Butler Methodist Church, Butler, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Senator Clary of the 29th reported that the journal of yesterday's pro ceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with and the journal was confirmed.
Senator Sanders of the 18th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.
The consent was granted.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House to wit:
HR 44. By Mr. McClelland of Fulton: A resolution to compensate Sam M. Carson; and for other purposes.
HR 118. By Mr. Terry of Murray:
A resolution to compensate Mrs. Anna Wattenbarger; and for other purposes.
HB 260. By Messrs. Hollis of Muscogee and Raulerson of Echols:
A bill to be entitled an act to amend an act relating to the imposition, assessment, computation and collection of an income tax on net income; and for other purposes.
436
JOURNAL OP THE SENATE,
HB 470. By Mr. Dilworth of Franklin:
A bill to be entitled an act to amend an act incorporating the City of Cannon, to authorize the City to exercise the power of eminent domain; and for other purposes.
HB 166. By Mr. Dicus of Muscogee:
A bill to be entitled an act to amend an act pertaining to attendance of witnesses to as to provide for payment of fees to any sheriff, etc., attending any court having jurisdiction to enforce penal laws in certain cases; and for other purposes.
HB 469. By Messrs. Lowrey of Floyd, Kelly of Jasper, Tamplin of Morgan, and others:
A bill to be entitled an act to amend an act relating to concentrated commercial feed stuff so as to provide that the Commissioner of Agri culture may establish standards for same; and for other purposes.
HB 474. By Messrs. Lowrey and Scoggin of Floyd, Kelly of Jasper, and others:
A bill to be entitled an act to amend an act known as the "Agricultural Commodities Authority Act" so as to include eggs in the provisions of said Act; and for other purposes.
HR 137. By Messrs. Floyd of Chattooga, Steis of Harris, Huddleston of Fayette and others:
A resolution authorizing the issuance of license tags to the Commanders of certain patriotic organizations; and for other purposes.
HB 329. By Messrs. Cheek of Taylor and Rutland of DeKalb:
A bill to be entitled an act to amend code section 68-709 relating to registration of motor vehicles for hire so as to exclude certain vehicles; repeal conflicting laws; and for other purposes.
HB 419. By Mr. Summers of Crisp:
A bill to be entitled an act to require the various county boards of public health to inspect funeral establishments; to provide for abatement as public nuisance any establishment in unsanitary condition; and for other purposes.
HR 178. By Messrs. Keever and Bradley of Bartow:
A resolution authorizing and directing the State Librarian to furnish certain law books to the Clerk of the Superior Court of Bartow County; and for other purposes.
HR 169. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A resolution to authorize the Governor to sell certain lands located in Fulton County, to provide method of sale, and delivery of deed; and for other purposes.
TUESDAY, FEBRUARY 17, 1959
437
HB 472. By Messrs. Ballard of Newton, Barrett of Cherokee and others: A bill to be entitled an act to require that a manufactured motor engine, well pump or other mechanical item be labeled "Remanufactured"; and for other purposes.
HR 139. By Mr. Griffin of Decatur: A resolution authorizing the conveyance of certain property in Decatur County; and for other property.
HR 184. By Messrs. Smith of Emanuel and Twitty of Mitchell: A resolution to ratify, approve and confirm Executive Order of Gov ernor, dated Feb. 2, 1959, suspending collection of tax imposed by Georgia Retailers' & Consumers' Sales and Use Tax Act; and for other purposes.
HB 503. By Messrs. Smith of Emanuel and Twitty of Mitchell: A bill to be entitled an act to amend an act relating to the registration and license of makers and dealers of motor vehicles and tractors, to provide "dealer" license plates; and for other purposes.
The House has adopted the following resolutions of the House:
HR 133. By Mr. Hill of Tattnall: A resolution relating to the employees of the State prison; and for other purposes.
HR 214. By Mr. Lanier of Candler: A resolution commending the members of the Stone Mountain Memorial Association; and for other purposes.
The House agrees to Senate amendments to the following bills of the House:
HB 85. By Mr. Miller of Elbert: A bill to be entitled an act to amend an act creating the office of County Tax Commissioner of Elbert County, so as to change the com pensation of the Tax Commissioner; and for other purposes.
HB 86. By Mr. Miller of Elbert:
A bill to be entitled an act to place the clerk of the Superior Court and the Ordinary of Elbert on a salary basis in lieu of a fee basis; and for other purposes.
HB 87. By Mr. Miller of Elbert:
A bill to be entitled an act to amend an act to provide a Board of Commissioners for the County of Elbert, so as to provide an Advisory Board of County Commissioners during the remaining term of the incumbent Commissioner; and for other purposes.
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JOURNAL OF THE SENATE,
HB 184. By Messrs. Lanier of Candler and Ray of Warren:
A bill to be entitled an act to be known as the "Georgia Seed Develop ment Act;" to create the Georgia Seed Development Commission and define its duties, powers and liabilities; and for other purposes.
The House insists on its position on the following bill of the House, and has appointed a Committee of Conference to confer with like Committee of the Senate:
HB 98. By Messrs. Cheatham, McGee and Brennan of Chatham:
A bill to be entitled an act to amend an act revising and consolidating the several Acts relating to and incorporating the town of Warsaw in Chatham County; and for other purposes.
The Speaker has appointed as a Committee on Conference on the part of the House, the following members:
Scoggin of Floyd, McKenna of Bibb, Murphy of Haralson.
The following bills and resolutions were introduced, read the first time and and referred to committees:
SR 55. By Senator Pannell of the 43rd:
A resolution creating a committee to study advisability of making a change in basic methods of education in State; and for other purposes. Referred to Committee on Rules.
HB 166. By Mr. Dicus of Muscogee: A bill to amend an act pertaining to attendance of witnesses so as to provide for payment of fees to any sheriff, etc., attending any court having jurisdiction to enforce penal laws in certain cases; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 260. By Messrs. Hollis of Muscogee and Raulerson of Echols: A bill to amend an act relating to the imposition, assessment, compu tation and collection of an income tax on net income; and for other purposes.
Referred to Committee on Banking and Finance.
HB 329. By Messrs. Cheek of Taylor and Rutland of DeKalb: A bill to amend code section 68-709 relating to registration of motor vehicles for hire so as to exclude certain vehicles; repeal conflicting laws; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
HB 419. By Mr. Summers of Crisp: A bill to require the various county boards of public health to inspect
TUESDAY, FEBRUARY 17, 1959
439
funeral establishments; to provide for abatement as public nuisance any establishment in unsanitary condition; and for other purposes.
Referred to Committee on Health and Welfare.
HB 469. By Messrs. Lowrey of Floyd, Kelly of Jasper, Tamplin of Morgan and others:
A bill to amend an act relating to concentrated commercial feed stuff so as to provide that the Commissioner of Agriculture may establish standards for same; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 470. By Mr. Dilworth of Franklin:
A bill to amend an act incorporating the City of Cannon, to authorize the city to exercise the power of eminent domain; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 472. By Messrs. Ballard of Newton, Barrett of Cherokee and others:
A bill to require that a manufactured motor engine, well pump or other mechanical item be labeled "Remanufactured"; and for other purposes.
Referred to Committee on Industry and Labor.
HB 474. By Messrs. Lowrey and Scoggin of Floyd, Kelly of Jasper and others:
A bill to amend an act known as the "Agricultural Commodities Author ity Act", so as to include eggs in the provision of said act; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 503. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A bill to amend an act relating to the registration and license of makers and dealers of motor vehicles and tractors, to provide "dealer" license plates; and for other purposes.
Referred to Committee on Public Utilities and Transportaton.
HR 44. By Mr. McClelland of Fulton: A resolution to compensate Sam M. Carson; and for other purposes.
Referred to Committee on Appropriations.
HR 118. By Mr. Terry of Murray:
A resolution to compensate Mrs. Anna Wattenbarger; and for other purposes.
Referred to Committee on Appropriations.
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JOURNAL OF THE SENATE,
HR 137. By Messrs. Floyd of Chattooga, Steis of Harris, Huddleston of Fayette and others:
A resolution authorizing the issuance of license tags to the Commanders of certain patriotic organizations; and for other purposes.
Referred to Committee on Rules.
HR 139. By Mr. Griffin of Decatur:
A resolution authorizing the conveyance of certain property in Decatur County; and for other purposes.
Referred to Committee on Rules.
HR 169. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A resolution to authorize the Governor to sell certain lands located in Fulton County, to provide method of sale, and delivery of deed; and for other purposes.
Referred to Committee on Rules.
HR 178. By Messrs. Keever and Bradley of Bartow:
A resolution authorizing and directing the State Librarian to furnish certain law books to the clerk of the Superior Court of Bartow County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HR 184. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A resolution to ratify, approve and confirm executive order of Governor, dated February 2, 1959, suspending collection of tax imposed by Georgia Retailers' and Consumers' Sales and Use Tax Act; and for other purposes.
Referred to Committee on Rules.
The following bills were read the second time:
SB 126. By Senator Carlisle of the 51st:
A bill to amend Section 114-803 of the Code of Georgia pertaining to Workmen's Compensation defining occupational diseases so as to pro vide that occupational disease shall include poisoning by phosphorus; and for other purposes.
SB 127. By Senator Ramsey of the 1st:
A bill to amend Section 76-202 of the Code of Georgia which relates to Breach of the Peace Bond so as to provide that said section shall only be applicable in counties havinga population of not less than 150,000 nor more than 300,000; and for other purposes.
HB 25. By Mr. Phillips of Bibb:
A bill to amend an act providing for denial of rights of inheritance
TUESDAY, FEBRUARY 17, 1959
441
and right to receive benefits from insurance contractors, under certain circumstances; and for other purposes.
HB 31. By Messrs. Kidd and Chandler of Baldwin:
A bill to amend code section 35-204 relating to persons who may be maintained free at Milledgeville State Hospital, etc.; and for other purposes.
HB 182. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend an act creating a new charter for the City of Chamblee; and for other purposes.
HB 232. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend an act pertaining to the governing authority of DeKalb County, etc.; and for other purposes.
HB 239. By Messrs. Pickard of Muscogee, Pelham of Schley and others:
A bill to provide for the use of voting machines for computing ballots at all elections including primaries in all counties in the State of Georgia; and for other purposes.
HB 357. By Messrs. Melton of Spalding and Cheek of Taylor:
A bill to amend an act approved February 21, 1951, as amended, known as the Vocational Rehabilitation Act, to change the provision relating to subrogation by the State Board of Vocational Rehabilitation Educa tion; to repeal conflicting laws; and for other purposes.
HB 468. By Mr. Dilworth of Franklin:
A bill to create a new charter for the City of Carnesville; and for other purposes.
HB 467. By Messrs. Smith, McClelland and Brooks of Fulton:
A bill establishing a new charter for City of Atlanta, to extend the corporate limits (Sandy Springs); and for other purposes.
HB 471. By Messrs. Busbee and Odom of Dougherty:
A bill creating a new charter for the City of Albany, to provide that in elections all candidates be required to receive a majority of votes; and for other purposes.
HB 473. By Mr. Dilworth of Franklin:
A bill to amend an act creating the office of Commissioner of Roads and Revenues and the Advisory Board to the Commissioner of Franklin County; and for other purposes.
HB 476. By Mr. Strickland of Evans:
A bill to amend an act establishing the City Court of Claxton, to change distribution of fines and forfeitures; and for other purposes.
442
JOURNAL OP THE SENATE,
HB 477. By Mr. Strickland of Evans:
A bill to create a charter for the City of Bellville; and for other purposes.
HB 479. By Messrs. Busbee and Odora of Dougherty:
A bill to amend an act to create a new charter for the City of Albany, to provide method of electing General Manager of the water, gas and light commission; and for other purposes.
HB 480. By Messrs. Busbee and Odom of Dougherty:
A bill to amend the charter of the City of Albany, defining the corporate limits of said city; and for other purposes.
HB 481. By Messrs. McKenna, Phillips and Wilson of Bibb:
A bill to amend an act to re-enact the charter of the City of Macon, relating to the corporate limits; and for other purposes.
HB 482. By Messrs. McKenna, Phillips and Wilson of Bibb:
A bill authorizing the City of Macon to close that portion of ten-foot alley known as New Street Lane; and for other purposes.
HB 483. By Messrs. McKenna, Phillips and Wilson of Bibb:
A bill incorporating the City of Macon, to lease a portion of City Park to Macon Boat Club, Inc.; and for other purposes.
HB 484. By Messrs. Kidd and Chandler of Baldwin:
A bill creating a new charter for the City of Milledgeville, to provide procedure for returning property for taxation; and for other purposes.
HB 487. By Mr. Twitty of Mitchell:
A bill to provide that where two or more persons hold land as life tenants, one of such tenants may compel a partition which may bind all parties interested; and for other purposes.
HB 488. By Messrs. Hodges and Parker of Ware:
A bill providing a new charter for City of Waycross, to include in city limits "Wayne Hinson's Subdivision;" and for other purposes.
HB 492. By Messrs. McClelland, Smith and Brooks of Pulton:
A bill to amend the charter of the City of Atlanta, relating to salary of the members of Board of Education; and for other purposes.
HB 497. By Messrs. Reed, Willingham and Holcombe of Cobb:
A bill to amend an act to create a new charter for the City of Smyrna, relating to civil service for police and fire departments; and for other purposes.
TUESDAY, FEBRUARY 17, 1959
443
HB 498. By Messrs. Smith, Brooks and McClelland of Fulton:
A bill to aemnd an act to provide for partial pension benefits for persons employed in public school system in cities of more than 150,000; and for other purposes.
HB 499. By Messrs. Smith, Brooks and McClelland of Fulton:
A bill to amend an act to provide Fulton County a system of pension and retirement pay to teachers and employees of the Board of Education; and for other purposes.
HB 505. By Messrs. Hall, Scoggin and Lowrey of Floyd:
A bill to amend an act to provide regulate meetings of Commissioners of Roads and Revenue of Floyd County; and for other purposes.
HB 506. By Messrs. Scoggin, Lowrey and Hall of Floyd:
A bill to amend an act to abolish the fee system and prescribe salaries for the offices of clerk of Superior Court, clerk of City Court and sheriff of Floyd County; and for other purposes.
HB 507. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to establish a commission in DeKalb County to study the govern ments of DeKalb County and the cities therein to improve local govern ments and provide efficiency and economy; and for other purposes.
HB 509. By Messrs. Hall, Scoggin and Lowrey of Floyd:
A bill to empower Floyd County to construct and/or maintain the territory outside limits of incorporated municipalities, system of water works, sewerage, etc.; and for other purposes.
HB 510. By Mr. Bagby of Paulding: A bill to amend an act creating office of Tax Commissioner of Paulding County, to increase funds for clerical help; and for other purposes.
HB 511. By Mr. Bagby of Paulding: A bill to provide the Ordinary of Paulding County allowance up to one hundred dollars per month for clerical help; and for other purposes.
HB 515. By Messrs. Keever and Bradley of Bartow:
A bill to provide that counties having a population not less than 27,200 nor more than 27,600 establish and maintain a law library; etc.; and for other purposes.
HR 112. By Messrs. Smith of Lamar, Hall of Floyd, Carswell of Burke, Steis of Harris and others:
A resolution ratifying and authorizing the payment of certain expenses of the Insurance Laws Revision Committee; and for other purposes.
444
JOURNAL OF THE SENATE,
HR 166. By Messrs. Cox and Matthews of Clarke:
A resolution authorizing the conveyance of certain land in Clarke County; and for other purposes.
HR 171. By Messrs. Milhollin and Williams of Coffee:
A resolution authorizing the conveyance of certain property in Coffee County; and for other purposes.
HR 200. By Messrs. Bagby of Paulding, NeSmith of Meriwether, McClelland of Fulton and others:
A resolution authorizing the Governor and the chairman of Public Service Commission to act for State in connection with enlargement of W. & A. Railroad freight yard, and to convey State's rights in land; and for other purposes.
Senator Jordan of the 25th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President: Your Committee on Judiciary has had under consideration the following
bills and resolutions of the House and Senate and has instructed me as Chair man, to report the same back to the Senate with the following recommendations:
HB 397. Do Pass. HR 54. Do Not Pass. HB 332. Do Not Pass.
HB 255. Do Not Pass. SB 80. Do Not Pass. HB 16. Do Pass. HB 441. Do Pass.
Respectfully submitted, Jordan of 25th District, Chairman.
Senator Lindsey of the llth District, Secretary of the Committee on Agri culture and Natural Resources, submitted the following report:
Mr. President:
Your Committee on Agriculture and Natural Resources has had under con sideration the following bill of the House and has instructed me as Secretary, to report the same back to the Senate with the following recommendation:
HB 92. Do Pass.
Respectfully submitted,
Lindsey of llth District,
Secretary.
TUESDAY, FEBRUARY 17, 1959
445
Senator Holt of the 54th District, Chairman of the Committee on Health and Welfare, submitted the following report:
Mr. President:
Your Committee on Health and Welfare has had under consideration the following bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
HB 31. Do Pass.
Respectfully submitted,
Holt of 54th District,
Chairman.
Senator Jordan of the 25th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President:
Your Committee on Judiicary has had under consideration the following bill of the Senate, and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
SB 127. Do Pass.
Respectfully submitted,
Jordan of 25th District,
Chairman.
Senator Jernigan of the 5th District, Chairman of the Committee on Edu cational Matters, submitted the following report:
Mr. President: Your Committee on Educational Matters has had under consideration the
following bills of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 357. Do Pass. HB 374. Do Pass. HB 206. Do Pass.
HB 215. Do Pass. Respectfully submitted,
Jernigan of 5th District,
Chairman.
Senator Greer of the 6th District, Chairman of the Committee on Public Utilities and Transportation, submitted the following report:
Mr. President:
Your Committee on Public Utilities and Transportation has had under con-
446
JOURNAL OP THE SENATE,
sideration the following bills of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 228. Do Pass. HB 365. Do Pass.
Respectfully submitted, Greer of 6th District, Chairman.
Senator Lindsey of the llth District, Secretary of the Committee on Agri cultural & Natural Resources, submitted the following report:
Mr. President:
Your Committee on Agriculture & Natural Resources has had under con sideration the following bill of the House and has instructed me as Secretary, to report the same back to the Senate with the following recommendation:
HB 70. Do Pass.
Respectfully submitted,
Lindsey of llth District,
Secretary.
Senator Brown of the 52nd District, Chairman of the Committee on County and Municipal Governments, submitted the following report:
Mr. President:
Your Committee on County and Municipal Governments has had under con sideration the following bills of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recom mendations :
HB 437. Do Pass. HB 462. Do Pass. HB 380. Do Pass. HB 343. Do Pass. HB 345. Do Pass. HB 347. Do Pass. HB 450. Do Pass. HB 339. Do Pass. HB 180. Do Pass. HB 455. Do Pass. HB 414. Do Pass.
TUESDAY, FEBRUARY 17, 1959
447
HB 451. Do Pass. HB 449. Do Pass. HB 415. Do Pass. HB 438. Do Pass. HB 344. Do Pass. HB 443. Do Pass. HB 445. Do Pass. HB 432. Do Pass, as Amended. HB 448. Do Pass, as Amended. HB 243. Do Pass. HB 242. Do Pass. HB 453. Do Pass. HB 424. Do Pass. HB 459. Do Pass. HB 440. Do Pass. HB 454. Do Pass. HB 452. Do Pass. HB 435. Do Pass. HB 421. Do Pass. SB 108. Do Pass.
Respectfully submitted, Brown of 52nd District, Chairman.
Senator Vaughn of the 34th District, Secretary of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following bills and resolutions of the Senate and House and has instructed me as Secretary to report the same back to the Senate with the following recommendations:
SR 45. Do Pass, as Amended.
HR 112. Do Pass. HR 136. Do Pass.
HR 166. Do Pass. HR 171. Do Pass.
448
JOURNAL OF THE SENATE,
HR 161. Do Pass, as Amended. HB 261. Do Pass.
Respectfully submitted, Vaughn of 34th District, Secretary.
Senator Brooks of the 23rd District, Chairman of the Committee on Banking and Finance, submitted the following report:
Mr. President:
Your Committee on Banking and Finance has had under consideration the following bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
HB 229. Do Pass, as Amended.
Respectfully submitted,
Brooks of 23rd District,
Chairman.
Senator Greer of the 6th District, Secretary of the Committee on Govern ment Operations, submitted the following report:
Mr. President:
Your Committee on Government Operations has had under consideration the following bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
HB 246. Do Pass, as Amended.
Respectfully submitted,
Greer of 6th District,
Secretary.
The following local uncontested bills, favorably reported by the committees, were read the third time and put upon their passage:
SB 108. By Senator Dykes of the 2nd:
A bill to create a new charter for the City of Hinesville in the County of Liberty; to provide for elections; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
TUESDAY, FEBRUARY 17, 1959
449
HB 180. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend an act pertaining to the governing authority of DeKalb County, and creating a chairman and Board of Commissioners of Roads and Revenues for DeKalb County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 242. By Mr. Huddleston of Fayette:
A bill to create and incorporate Peachtree City, in the County of Fayette; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 243. By Mr. Huddleston of Fayette:
A bill to create a Board of Commissioners of Roads and Revenues for Fayette County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 343. By Mr. Walker of Telfair: A bill to amend an act creating the office of the Telfair County Tax Commissioner; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 344. By Mr. Walker of Telfair:
A bill to amend an act creating the offices of Commissioner of Roads and Revenues of Telfair County; provide for employment of certain employees; and for other purposes.
450
JOURNAL OF THE SENATE,
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 345. By Mr. Walker of Telfair:
A bill to amend an act creating a new charter for the City of McRae, so as to extend the corporate limits of said city; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 347. By Mr. Walker of Telfair:
A bill to amend an act to increase the salary of the Tax Commissioner of Telfair County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 380. By Mr. Dorminy of Ben Hill:
A bill to amend an act relating to the charter for the City of Fitzgerald; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 414. By Messrs. Trotter and Lam of Troup: A bill to amend an act relating to fees paid to coroners, to provide that the coroner in Troup County shall be paid a salary in lieu of fees; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
TUESDAY, FEBRUARY 17, 1959
451
The bill, having received the requisite constitutional majority, was passed.
HB 415. By Mr. Ingle of Gordon:
A bill to amend an act creating a new charter for the City of Calhoun, to change provisions for payment of school funds; and for other pur poses.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 421. By Messrs. Williams and Milhollin of Coffee:
A bill to create the Douglas-Coffee County Industrial Authority; to provide purposes, duties, control and powers of said authority; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 424. By Mr. Todd of Glascock:
A bill to amend an act to reincorporate the Town of Mitchell in Glascock County, to increase tax rate limitations; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 432. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend an act to create a system of traffic courts for cities having a population of 300,000 or more, to fix salaries, etc.; and for other purposes.
Senator Brown of the 52nd offered the following amendment:
Amend HB 432 by striking the figures "$8,200.00" wherever it appears in Section I and substituting in lieu thereof in each place the figure "$7,200.00".
On the adoption of the amendment, the ayes were 38, nays 0.
452
JOURNAL OF THE SENATE,
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 435. By Mr. Lanier of Candler:
A bill to provide for a supplemental salary for the Ordinary of Candler County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 437. By Mr. Massee of Pulaski:
A bill to amend an act creating the office of Commissioner of Roads and Revenues of Pulaski County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 438. By Mr. Hill of Tattnall:
A bill to amend an act establishing the City Court of Reidsville; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 440. By Mr. Jones of Crawford:
A bill to provide additional compensation for the clerk of the Superior Court of Crawford County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
TUESDAY, FEBRUARY 17, 1959
453
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 443. By Messrs. Bolton and Melton of Spalding:
A bill to amend the charter of the City of Griffin, to provide that the chairman of the Board of Commissioners shall have the honorary title as Mayor; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 445. By Mr. Hill of Tattnall:
A bill to amend an act incorporating the City of Collins; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 448. By Mr. Busbee of Dougherty:
A bill to amend an act to create a new charter for the City of Albany, to place personnel of police and fire departments under control of City Manager; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
Amend HB 448 by striking section 3 thereof in its entirety and by substituting the following in lieu thereof:
"Section 3--That all employees and personnel of the police and fire departments (except the respective chiefs thereof), re gardless of the tenure and duration of their prior service as an officer, agent or employee of the city of Albany, shall be deemed to have been originally appointed immediately upon the effective date of this Act, and required to serve the six months probationary period, as provided in section 2 hereof. Be it further enacted by the authority aforesaid:"
On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
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On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 449. By Mr. Busbee of Dougherty:
A bill to create a new charter for the City of Albany, to increase ad valorem taxes; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 450. By Mr. Fowler of Douglas:
A bill to create a fire district in Douglas County, etc.; to levy a tax in such district; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 451. By Messrs. Walker and Budd of Lowndes:
A bill to amend the charter of the City of Valdosta; to redefine the corporate limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 452. By Messrs. Walker and Budd of Lowndes: A bill to amend the charter for the City of Valdosta, relating to fines of Recorder's Court; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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455
HB 453. By Mr. Green of Laurens: A bill incorporating the Town of Cadwell; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 454. By Messrs. Duncan and Craven of Carroll: A bill establishing a City Court of Carrollton, to create office of Judge Emeritus of said Court; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 455. By Mr. Fowler of Douglas: A bill to incorporate the Community of Lithia Springs in Douglas County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 459. By Messrs. Edwards, Fuqua and Fleming of Richmond:
A bill regulating public instruction in Richmond County, to provide additional members on the Board of Education of Richmond County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 462. By Messrs. Willingham, Reed and Holcombe of Cobb:
A bill incorporating the City of Marietta, to change, extend and re define the city limits; and for other purposes.
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The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following general bills, favorably reported by the committees, were read the third time and put upon their passage:
HB 16. By Messrs. McKenna of Bibb, Bolton of Spalding, Murphy of Haralson and others:
A bill to amend the Georgia Securities Act; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 70. By Messrs. Lanier of Candler and Fowler of Douglas:
A bill to regulate registration, labeling, analysis, inspection and sale of agricultural limestone, liming materials, basic slag, gypsum, landplaster and other materials that may be declared of value as soil con ditioners; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 206. By Messrs. Matthews of Clarke, Barber of Jackson and Melton of Spalding:
A bill to amend an act establishing a Retirement System for Teachers, so as to authorize inclusion of Radio Station WGST employees under the provisions of said system; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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457
HB 228. By Mr. Orr of Wilkes:
A bill to amend an act providing for service of process upon non resident motorists, so as to require two copies of petition and process be filed with Secretary of State; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 229. By Messrs. Otwell of Porsyth, Bozeman and Scott of Thomas and many others:
A bill to amend an act relating to qualifications of directors of State banks, so as to provide that 66% percent of such directors be citizens of State of Georgia and residents of towns in which bank is located; and for other purposes.
The Committee on Banking and Finance offered the following amendment:
Amend section 1 of HB 229 by striking out the words and figures "66% per cent" wherever they appear and by substituting in lieu thereof, the words and figures, "60 per cent."
On the adoption of the amendment, the ayes were 39, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 246. By Mr. Murphy of Haralson:
A bill to amend an act pertaining to general provisions on inventory and sale of public property, so as to provide the procedure for sale of county property; and for other purposes.
Senator Ramsey of the 1st asked unanimous consent that HB 246 be post poned until February 18, 1959.
The consent was granted.
HB 365. By Messrs. Summers of Crisp, Andrews of Hall and Carr of Dooly:
A bill to amend an act for the issuance of automobile license tags to disabled veterans; and for other purposes.
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The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 374. By Messrs. Ray of Warren, Smith of Emanuel and others:
A bill to provide payment of teachers in the public school system of Georgia in event of the school closing by Executive Order; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 388. By Messrs. Brennan, McGee and Cheatham of Chatham: A bill to amend an act relating to registration of licensing of motor vehicles, to require penalties collected in counties and cities having population of more than 150,000 be remitted to fiscal authorities; and for other purposes.
The Committee on Public Utilities and Transportation offered the following amendment:
Amend HB 388 by amending population figure by striking "150,000", and inserting "135,000."
On the adoption of the amendment, the ayes were 38, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Vaughn of the 34th moved that all House bills amended be im mediately transmitted to the House and the motion prevailed.
HB 397. By Messrs. Killian of Glynn, Ballard of Newton, Bolton of Spalding and others:
A bill to amend an act relating to suits by infant; and for other purposes.
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459
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 441. By Messrs. Twitty of Mitchell and Gowen of Glynn:
A bill to amend an act creating the positions of Judge Emeritus of the Court of Appeals of Georgia; and for other purposes.
Senator Vaughn of the 34th offered the following amendment:
Amend HB 441 as follows:
(1) By adding in the title the words "to provide the age for compulsory retirement and the procedures relative thereto;".
(2) By adding a new section, to be known as Section 1A, to read as follows:
"Section 1A. Said Act, approved March 16, 1943 (Ga. Laws 1943, p. 677), is further amended by adding a new paragraph to Section 1, to read:
"Any judge of the Court of Appeals who becomes eligible for the position of Judge Emeritus, must qualify for and accept said position not later than 30 days after reaching the age of 75, or else he shall forever be ineligible to hold the position of Judge Emeritus and shall not receive any salary as provided in said Act. Provided, that any judge of the Court of Appeals who is eligible for the position of Judge Emeritus at the time this section becomes effective and who has already attained the age of 75 years shall be entitled to receive the salary provided in said Act if he shall qualify and accept the position of Judge Emeritus within 30 days from the time this section goes into effect. Other wise, he shall forever be ineligible to hold the position of Judge Emeritus and shall not receive any salary as provided in said Act' "
On the adoption of the amendment, the ayes were 37, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HR 57. By Mr. Miller of Elbert:
A resolution relative to the acquisition and disposition of certain prop erty of the state utilized as the Elberton Armory Grounds; and for other purposes.
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The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 36, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
SR 45. By Senator Clary of the 29th:
A resolution creating a joint committee of inquiry into the maintenance of hospital facilities for veterans and other veterans and related facili ties; and for other purposes.
The Committee on Rules offered the following amendment:
Amend SR 45 by striking the last paragraph of said resolution and substituting the following paragraph:
Now, Therefore, Be it Resolved by the General Assembly of Georgia that there is hereby created a committee composed of three (3) members of the House, to be appointed by the Speaker, and three (3) members of the Senate, to be appointed by the President, to in quire into the maintenance and support of the hospital facilities avail able to Georgia Veterans, and the maintenance and support of the National Guard Armories and the Air National Guard Installations of the State of Georgia and the Veterans Wing at the Milledgeville State Hospital and other related facilities. The Committee is authorized to inspect all the above and to consult with the members of the Georgia Congressional Delegation relative thereto.
The members of the committee are hereby authorized to draw per diem and expenses for a total of ten (10) days each, as other like committees.
The amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.
On the adoption of the resolution, the ayes were 37, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
The following reciprocal agreement between the State of Georgia and the State of Oklahoma, submitted by the Public Service Commission of Georgia, was read by the secretary:
To The General Assembly of Georgia:
Pursuant to the rights, powers and privileges granted under Sec tion 68-1003 of the Code of Georgia of 1933, as amended by the Act of the General Assembly approved March 27, 1947, we, the members of the Georgia Public Service Commission, submit herewith as required
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461
by Section 68-1004 of the Code of Georgia of 1933 copy of a reciprocal agreement between the State of Georgia and the State of Oklahoma; we also submit herewith a copy of a joint reciprocal agreement entitled "Fourteen State Reciprocal Agreement" between the states of Alabama, Florida, Georgia, Indiana, Kentucky, Louisiana, Maryland, Michigan, Mississippi, North Carolina, South Carolina, Tennessee, Virginia and West Virginia.
Submitted this January 20, 1959.
/s/ Matt L. McWhorter, Matt L. McWhorter, Chairman
/s/ Alien Chappell Alien Chappell, Vice Chairman
/s/ Walter R. McDonald Walter R. McDonald, Commissioner
/s/ Crawford L. Pilcher Crawford L. Pilcher, Commissioner
/s/ Ben T. Wiggins Ben T. Wiggins, Commissioner
GEORGIA - OKLAHOMA RECIPROCAL AGREEMENT
In conformity with the laws of the State of Oklahoma and the State of Georgia and by virtue of the authority vested in the Oklahoma Tax Commission, the Oklahoma Corporation Commission, the Georgia Reciprocal Commission and the Georgia Public Service Commission, it is mutually agreed that reciprocity governing the operation of motor carriers is extended in accordance with the following provisions and conditions.
Paragraph 1. This agreement is restricted to the extension of reciprocal immunity in the operation of motor vehicles properly licensed and qualified under the laws of the reciprocating States and to persons and corporations legal residents of or having a regular place of business in either of said States, engaged in the operation of motor vehicles duly licensed in the State of which the owner is a resident or in which such principal place of business is located.
Paragraph 2. Privately owned and operated passenger cars shall be permitted to operate freely between the two states provided, how ever, that continuous residence for a period of thirty days or more during gainful employment shall constitute the establishment of a legal residence for the purpose of motor vehicle registration, and provided further that members of the Military or Naval Forces of the United States on duty within either of the States, parties hereto, whose per sonal passenger automobile is properly registered for the current regis tration year in his resident State, shall be extended full reciprocal privileges for the period of such registration; and except that traveling salesmen, solicitors or peddlers carrying merchandise in such motor vehicle and using such motor vehicle for transporting such merchandise for the purpose of selling, peddling or otherwise similarly disposing of such merchandise, shall not be extended this reciprocal privilege.
Paragraph 3. Trucks, trailers and semi-trailers engaged in the transportation of goods, wares or merchandise, the actual property of the owner of such vehicle operating solely in interstate commerce, may
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be operated freely between the two States without limitation as to the number of trips.
Paragraph 4. Motor vehicles, including buses, trucks, trailers and semi-trailers, operated for hire and/or compensation may be operated in both States without limitation as to the number of trips when oper ated strictly in interstate commerce, provided, however, that such motor carriers for hire shall first register and qualify with the regulatory commissions of the two States parties hereto by securing, in the case of a Georgia carrier for hire, an interstate permit from the Oklahoma Corporation Commission, which waives the payment of the annual registration fee of $2.25 per vehicle, authorizing operation over the highways of Oklahoma; and, in the case of an Oklahoma motor carrier for hire by securing an interstate permit from the Georgia Public Service Commission, which waives the payment of the annual registra tion fee of $25.00 per vehicle, authorizing operation over the highways of Georgia and registering each piece of equipment to be operated, upon the payment of $1.00 per vehicle to cover the cost of issuing a G.P.S.C. registration number therefor, which registration shall be good for the life of the vehicle.
Paragraph 5. This agreement shall not be construed to authorize the operation of motor vehicles upon the highways of either of the States in excess of the maximum weight, length, or height allowed by the law of such State in which such vehicle is being operated, or contrary to any provisions of law, safety rules and regulations; and nothing in this agreement shall be construed as a waiver of the require ments of either of the reciprocating States with respect to the payment of gasoline or other fuel tax. Either of the reciprocating States, party to this agreement, reserves the right to withdraw reciprocal immunity as to any individual operator if the requirements of this agreement are not complied with.
Paragraph 6. This agreement shall rescind and supersede all re ciprocal agreements heretofore entered into between the reciprocating States and shall continue in force and effect until terminated by thirty days written notice from either State to the other, subject always to statutory alterations and such as may result from further negotiations.
This the 31st day of January, 1958.
STATE OF OKLAHOMA OKLAHOMA TAX COM
MISSION:
/s/ J. D. Dunn, Chairman /a/ L. L. Leininger
Vice Chairman /s/ M. C. Conners, Member OKLAHOMA CORPORA
TION COMMISSION /s/ Ray C. Jones, Chairman /s/ William Cartwright
Vice Chairman /s/ Harold Freeman,
Member
STATE OF GEORGIA GEORGIA RECIPROCAL COM
MISSION:
/s/ Walter R. McDonald Chairman, Georgia Reciprocal Commission Member, Georgia Public Service Commission
/s/ Zack D. Cravey Comptroller General
/s/ T. V. Williams Commissioner, Department of Revenue
TUESDAY, FEBRUARY 17, 1959
463
FOURTEEN STATE RECIPROCAL AGREEMENT GOVERNING THE OPERATION of
INTERSTATE MOTOR VEHICLES
This agreement made and entered on this the 20th day of December, 1957, by and between the States of Alabama, Florida, Georgia, Indiana, Kentucky, Louisiana, Maryland, Michigan, Mississippi, North Carolina, South Carolina, Tennessee, Virginia and West Virginia through their respective duly authorized representatives, and to the extent permitted by the law of each of said States:
WITNESSETH: In consideration of the mutual covenants here inafter contained, it is agreed by and between the parties hereto, as follows:
I APPLICABILITY
This agreement shall apply only to the following persons, firms and corporations:
1. To privately owned and operated passenger cars duly licensed in the State of the owner's bona fide residence.
2. With respect to all other motor vehicles, only to persons, firms and corporations, maintaining a principal place of business in either one or more of the reciprocating states.
3. Maintenance of a principal place of business in one of the reciprocating States shall entitle the owner to operate a vehicle, properly licensed in the State in which such business is located, between said State and the other States parties hereto and likewise the maintenance of a principal place of business in more than one of said States shall entitle the owner to operate a vehicle, which has been properly licensed under the laws of the State in which the vehicle is based between such State and the other States parties thereto.
The base of a vehicle shall be determined as follows:
(a) The owner and/or operator of the vehicle shall designate the State in which he considers the vehicle based.
(b) The motor vehicle administrators or reciprocating authorities of all States shall agree as to the base of the vehicle but must, in determining the veh: cle's base give consideration, among other things, to the place from which the vehicle leaves and to which it returns in its normal operations.
(c) The owner and/or operator of the vehicle shall have the right to change the base of a vehicle from the State in which the vehicle is licensed to another State at any time, provided a new license be secured from the State where the new base is located, and the proper state authority can at any time question the base of any or all such vehicles.
(d) If any vehicle is located in or located from a base in the State other than that in which originally registered for a period of thirty days, it shall be conclusively presumed that the base has been
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changed, and the owner or operator of the vehicle shall be required to register such vehicle in the State in which the vehicle is last located.
It is understood, however, that this agreement shall not apply to motor vehicles used by salesmen, solicitors, or peddlers in transporting merchandise for the purpose of selling or otherwise similarly disposing of same.
II PASSENGER CARS
Privately owned and operated passenger cars licensed by any one of the reciprocating States shall be permitted to operate freely between the several States, provided, however, that continuous residence for a period of thirty days or more during gainful employment, or sixty days in Indiana, shall constitute the establishment of a legal residence for the purpose of motor vehicle registration; except that members of the Armed Forces temporarily assigned in any one of the reciprocating States shall be extended full reciprocal privileges for the period of such registration, and further except:
(a) Under Florida law persons when gainfully employed, or when placing minor children in the public schools of the State shall be required to register their passenger car.
Ill DEALER OR IN-TRANSIT PLATES
Proper dealer license plates or in-transit plates issued by any one of the reciprocating States shall be mutually recognized in accordance with the legal purpose of such plates in the State of issuance. On drive-a-way caravans, Florida law requires that dealer license plates be displayed on the first and last cars.
IV PRIVATELY OPERATED PROPERTY CARRIERS
Trucks, tractors, trailers and semi-trailers, licensed by any one of the reciprocating States, transporting goods, wares or merchandise in interstate commerce, the actual property of the owner or lessee operator of such vehicle, may be operated between the several States without limitation as to the number of trips, with the following ex ceptions :
(a) In Alabama, operators of commercial motor vehicles will be limited to twenty gallons of gasoline that may be carried into the State and must pay the tax on or purchase a sufficient quantity of gasoline or other fuel to propel the vehicle for the number of miles traveled upon the highways of the State.
(b) In Georgia, passenger carrying vehicles with more than seven seats and trucks with more than two axles must be registered with the Department of Revenue and a fee of $1.00 paid for a registration card, and a sufficient quantity of gasoline or other motor fuel must be purchased in the State or the tax paid thereon to propel the vehicle for the number of miles traveled upon the highways of the State.
(c) In Kentucky, all operators of motor vehicles weighing 18,000 pounds or more shall register with the Tax Commission and obtain a fuel tax sticker and post bond in the amount required by the Tax Commissioner for the payment of the motor fuel tax, suffiicent to propel the vehicle for the number of miles traveled in the State.
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465
(d) In Louisiana, operators of commercial motor vehicles shall register with the Tax Commissioner and a sufficient quantity of gaso line or other motor fuel must be purchased or the tax paid thereon to propel the vehicle for the number of miles traveled upon the highways of the State.
(e) The Mississippi law requires such operators to pay the State tax on or to purchase a sufficient quantity of gasoline or other fuel to propel the vehicle for the number of miles traveled upon the highways of the State.
(f) In Maryland, passenger carrying vehicles with more than nine passenger seats, straight trucks with more than two axles and all tractor-trailer units must be registered with the Comptroller of the Treasury, and a fee of $1.00 paid for a registration card and metal identification plate (the former to be carried on the vehicle and the latter to be attached and prominently displayed thereon) and pay quarterly the tax on sufficient motor fuel to propel the vehicle for the number of miles traveled in Maryland.
(g) In North Carolina, passenger carrying vehicles with more than seven seats and trucks with more than two axles must be regis tered with the Department of Revenue and a fee of $1.00 paid for a registration card, and a sufficient quantity of gasoline or other motor fuel must be purchased in the State or the tax paid thereon to propel the vehicle for the number of miles traveled upon the highways of the State.
(h) Tennessee requires operators of motor vehicles weighing 24,000 pounds or more, or having three axles or more, to register with the Tax Commissioner and obtain a fuel tax permit and post a bond in the amount of $500.00, or three times the anticipated quarterly tax liability whichever is greater.
(i) In Virginia, all operators of tractors or trucks with more than two axles must register with the Virginia Corporation Commission and obtain a sticker at a cost of $1.00 per vehicle for the payment of the motor fuel tax sufficient to propel the vehicle for the number of miles traveled in the State. Virginia law also requires that a copy of the registration certificate be carried in the cab of each motor vehicle by the driver thereof.
(j) In West Virginia operators of motor vehicles will be limited to 25 gallons of motor fuel that may be carried into the State and must pay the tax on all such motor tax in excess of 25 gallons; unless under an arrangement approved by the Tax Commissioner, motor fuel equal to such excess shall be purchased within the State of West Virginia.
V MOTOR CARRIERS OF PASSENGERS FOR HIRE
Motor buses operated in the transportation of persons for hire licensed by any one of the reciprocating States and operating strictly in interstate commerce as a special chartered trip and not over a fixed route, may be operated in the several States without limitation as to the number of trips and without the payment of any motor vehicle license fees whatsoever, to the reciprocating states, provided that such motor carriers of passengers shall first register their operations, and equipment, and qualify with the Public Service or Utility Commission of
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the reciprocating States (except in the States of Louisiana and North Carolina where the Public Service Commissions have no statutory jurisdiction over purely interstate carriers) and file evidence of public liability and property damage insurance coverage with the recipro cating States, and provided further that such operators comply with all of the requirements set forth in Sections IV and VI herein, and with the following exceptions:
(a) The Alabama law will not extend reciprocal immunity to a motor carrier of passengers for more than two chartered trips within any calendar month.
(b) The Mississippi law requires the motor carrier of passengers for hire to obtain a mileage permit and trip pass.
(c) The Maryland law requires that buses operating into or through Maryland on a regular schedule or between fixed terminals secure a Public Service Commission permit and title and register their vehicles with the Department of Motor Vehicles and pay a fee of 1/30 of 1<? per passenger seat mile.
VI MOTOR CARRIERS OF PROPERTY FOR HIRE
Motor vehicles licensed by any one of the reciprocating states, including trucks, tractors, trailers and semi-trailers, operated in the transportation of property for hire may be operated in the several states without limitation as to the number of trips and without the payment of any motor vehicle fees whatsoever to the reciprocating states when operated strictly in interstate commerce; provided, however, that motor carriers operating such vehicles shall register their operating rights and equipment with the Public Service Commission or Utility Commission of the reciprocating States (except in the States of Louisi ana and North Carolina where the regulatory commissions have no statutory jurisdiction over purely interstate carriers) and file evidence of public liability and property damage insurance coverage with such reciprocating States, and pay the motor fuel tax as provided for in Section IV of this agreement, and with the following additional condi tions and requirements.
(a) Alabama law requires the payment of an initial carrier regis tration fee of $10.00 and that there be painted directly on both sides of each vehicle operated under its own power, Alabama Public Service Commission registration number which will be issued upon the payment of an initial fee of $1.00, this Registration Number being good for the life of the vehicle. Spot Lease vehicles are required to display windshield decals issued by the Alabama Public Service Commission at at a cost of $1.00 each. All motor carriers must have in the vehicle a mileage trip ticket or cab card in lieu of a mileage trip ticket to be issued, upon application, by the Revenue Commissioner.
(b) Florida law requires that each motor vehicle have displayed thereon a Florida Railroad and Public Utilities Commission tag which will be issued, upon application, for a two year period, upon the payment of $2.00 to cover the cost thereof. Where trip leased vehicles are used, the vehicle shall bear a trip lease sticker on its windshield. These stickers are issued, upon request, to a certificated carrier only, in any number needed, at a cost of $1.00 each.
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467
(c) Georgia law requires that each motor vehicle have displayed thereon a Georgia Public Service Commission numher which will be issued upon the registration of each vehicle and which is good for the life of the vehicle when certificate of registration is carried on the vehicle, upon payment of $1.00 to cover the cost thereof; and have displayed on all spot leased vehicles the required windshield decal issued by the Public Service Commission at a cost of $1.00 each.
(d) Indiana law requires an interstate common carrier or contract carrier to pay to the Public Service Commission of Indiana a filing fee of $50.00 and secure a common carrier certificate or contract carrier permit and to pay a like fee for the transfer of a certificate or permit; and a fee of $25.00 for a change in the name of the operator; and a fee of $25.00 for extension of common carrier routes. A copy of such certificate or permit must be carried :n the cab of each motor vehicle by the driver thereof.
(e) Kentucky law requires that each common carrier and each contract carrier pay to the Department of Motor Transportation an annual certificate fee of $25.00 and further that a cab card issued by the Department of Motor Transportation be carried in the cab of each vehicle at all times. Kentucky law also requires drive-a-way operations to pay annually a $250.00 license fee for each company and to carry an identification card on each vehicle transported, which will be issued free of charge.
(f) Michigan law and Public Service Commission rules made pur suant thereto require each common carrier and contract carrier to make verified application, accompanied by the required fees ($20.00 original authority, $20.00 change of authority, $10.00 annual renewal) to said Commission and secure therefrom, upon qualification without hearing, a certificate or permit together with written route and authority sum maries, which summaries shall be carried, at all times, in the cab of the vehicle.
(g) Mississippi law requires the payment of the Public Service Commission fees as follows: $25.00 registration or qualification fee; $12.00 per annum for each motor vehicle for hire, except on property vehicles of two tons or less, the fee shall be $6.00; and $1.00 additional for each of such plates issued.
(h) Tennessee law requires the Public Service Commission to issue, upon registration and qualification and upon payment of the initial $25.00 registration fee a reciprocal card in lieu of the registration fee and mileage tax payment, which must be carried at all times in the cab of the vehicle and regular route carriers must make a property tax return to said Commission and pay an ad valorem tax thereon. The Tennessee law also requires drive-a-way operators to obtain a permit from the Commissioner of Finance and Taxation and pay therefor the sum of $5.00, and a tow-bar fee of 20<f for each motor vehicle unit transported.
(i) Virginia law requires the carrier to secure an identification tag for each vehicle from the Corporation Commission at a cost of $1.00 per tag and the tag is good for the life of the vehicle. Virginia law also requires that a copy of the registration certificate be carried in the cab of each motor vehicle by the driver thereof.
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(j) West Virginia law requires that each motor vehicle unit (tractors and trailers being considered as separate units) have dis played thereon a Public Service Commission identification plate which will be issued to certificated carriers, upon application, for a one year period, upon the payment of $1.00 to cover the cost thereof.
VII MOTOR VEHICLES MUST COMPLY WITH MOTOR VEHICLE LAWS
This agreement shall not be construed to authorize the operation of motor vehicles upon the highways of any one of the States in excess of the maximum size or weight allowed by the law of such State or contrary to the speed, safety rules and regulations, or other provisions of law in the several States, parties to this agreement.
Any State, party to this agreement, reserves the right to withdraw reciprocal immunity as to any vehicle operated in violation of the size and weight laws of any of said states.
No for hire carrier shall be entitled to any reciprocity under this agreement unless it holds a certificate or permit issued by the Inter state Commerce Commission covering its operation or is engaged in transporting commodities that are exempted by the Interstate Commerce Commission.
Nothing in this agreement shall be construed as a waiver of the requirements of any of the reciprocating States with respect to the payment of gasoline or other fuel tax.
It is agreed that the immunity and reciprocating privileges offered by any one of the States, parties thereto, shall be contingent upon the granting of substantially like immunities and privileges by the other reciprocating States.
This agreement shall rescind and supersede all reciprocal agree ments heretofore entered into between the reciprocating States and shall continue in force and effect until terminated by thirty (30) days written notice from any State to the others, parties hereto, subject always to statutory alterations and such as may result from further negotiations. The cancellation of this agreement as between any two States, parties hereto, shall not affect the validity of this agreement as between said States and the remaining States parties hereto.
IN WITNESS WHEREOF, the duly authorized officials of the several States, parties hereto and hereinabove named, have hereunto set their hand and seal on the day and year first above written:
ALABAMA
GEORGIA
Commissioner of Revenue FLORIDA
Comm., Public Service Commission Chrmn, St. Reciprocal Commission
Motor Vehicle Commissioner Chrmn, R.R. & Pub. Utilities Com.
Comptroller & Member, State Reciprocal Commission
Chairman, Road Department Governor
Commissioner of Revenue & Member, State Reciprocal Commission
TUESDAY, FEBRUARY 17, 1959
469
INDIANA
MISSISSIPPI
Governor Secretary of State Chrmn., Pub. Service Commission Chrmn., Highway Commission Supt., State Police KENTUCKY
State Comptroller Attorney General Governor NORTH CAROLINA Commissioner of Motor Vehicles SOUTH CAROLINA Chief Highway Commissioner
Comm., Dept. of Motor Trans portation
LOUISIANA
Director, Motor Transport Division TENNESSEE Chrmn, Public Service Commission
Collector of Revenue MARYLAND
Comm., Dept. of Finance & Taxation
VIRGINIA
Commissioner of Motor Vehicles
MICHIGAN Secretary of State, Chairman Reciprocity Board
Governor WEST VIRGINIA Chrmn., Public Service Commission Comm., Public Service Commission
Chrmn., Pub. Utilities Commission Member, Reciprocity Board
State Highway Commissioner Member, Reciprocity Board
Comm., St. Road Commission Comm., Dept. of Motor Vehicles Supt., Dept. of Public Safety
Senator Ramsey of the 1st District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bills and/or resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for trans mission to the House:
SB 108.
SR 47.
470
JOURNAL OP THE SENATE,
SR 49. SR 50.
Respectfully submitted, Ramsey of the 1st District, Chairman.
The following resolutions were read and adopted:
SR 52. By Senator Greer of the 6th:
A resolution that the General Assembly confirm reciprocal agreement worked out by Georgia Public Service Commission; and for other purposes.
SR 53. By Senator Brooks of the 23rd and Dykes of the 2nd:
A resolution extending good wishes of the General Assembly to directors and stockholders of Southern land, timber and pulp; and for other purposes.
SR 54. By Senator Home of 13th:
A resolution requesting Board of Regents of University System to constitute a four-year program at Georgia Southwestern College in Americus; and for other purposes.
HR 133. By Mr. Hill of Tattnall:
A resolution relating to the employees of the State Prison; and for other purposes.
HR 214. By Mr. Lanier of Candler:
A resolution commending the members of the Stone Mountain Memorial Association; and for other purposes.
Senator Jordan of the 25th moved that the Senate do now adjourn until 11:00 o'clock tomorrow morning, and the motion prevailed.
The president announced the Senate adjourned until 11:00 o'clock tomorrow morning.
WEDNESDAY, FEBRUARY 18, 1959
471
Senate Chamber, Atlanta, Georgia, Wednesday, February 18, 1959.
The Senate met pursuant to adjournment at 11:00 o'clock this morning and was called to order by the president.
Scripture reading and prayer was offered by the chaplain.
By unanimous consent, the call of the roll was dispensed with.
Senator Clary of the 29th reported that the journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with and the journal was confirmed.
Senator Sanders of the 18th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.
The consent was granted.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House to wit:
HB 553. By Messrs. Willingham, Holcombe and Reed of Cobb and Fowler of Douglas:
A bill to amend an act revising the several acts incorporating the Town of Austell; and for other purposes.
HB 554. By Messrs. Brooks and McClelland of Fulton:
A bill to authorize the governing authority of the several municipalities to enact zoning ordinances in certain counties; and for other purposes.
HB 555. By Messrs. McClelland and Brooks of Fulton:
A bill to limit the amount of ad valorem taxes and to provide for registration fees, licenses and business taxes in certain counties; and for other purposes.
472
JOURNAL OF THE SENATE,
HB 556. By Mr. Jones of Wayne:
A bill to prohibit the collection of fees for traffic arrests by the Sheriff of Wayne County; and for other purposes.
HB 557. By Messrs. McCown and Coalson of Polk:
A bill to amend an act creating a new charter for the City of Cedartown; and for other purposes.
HB 558. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act to incorporate the Town of Forest Park; and for other purposes.
HB 559. By Mr. Barrett of Cherokee:
A bill to amend an act creating the office of Commissioner of Roads and Revenues for the County of Cherokee; and for other purposes.
HB 562. By Mr. Blalock of Clayton:
A bill to provide a salary for the official court reporter of the Clayton Judicial Circuit in lieu of fees for criminal cases; and for other purposes.
HB 563. By Messrs. Story and Morgan of Gwinnett:
A bill to incorporate the City of Dacula, in Gwinnett County, and for other purposes.
HB 564. By Messrs. Story and Morgan of Gwinnett:
A bill to amend an act to create a board of county commissioners for Gwinnett County; and for other purposes.
HB 524. By Mr. Sheffield of Brooks:
A bill to be entitled an act to amend an act creating the office of Tax Commissioner of Brooks County, so as to provide that it shall not be necessary for Tax Commissioner to make rounds for collecting taxes; and for other purposes.
HB 525. By Messrs. Cheatham, McGee and Brennan of Chatham:
A bill to be entitled an act to amend the Charter of the Town of Garden City, by permitting the use of voting machines in municipal elections; and for other purposes.
HB 526. By Messrs. Story and Morgan of Gwinnett:
A bill to be entitled an act to amend an act creating a new charter for the City of Lawrenceville, by extending the corporate limits; and for other purposes.
HB 528. By Messrs. Cheatham, McGee and Brennan of Chatham:
A bill to be entitled an act to amend an act creating and establishing the Municipal Court of Savannah; and for other purposes.
WEDNESDAY, FEBRUARY 18, 1959
473
HB 530. By Messrs. Mackay, McWhorter and Rutland of DeKalb and Ballard of Newton:
A bill to be entitled an act to abolish an act providing for special criminal bailiffs in counties having population of more than 20,000, to provide for assistants to Solicitor-General of Stone Mountain Circuit; and for other purposes.
HB 531. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to be entitled an act to amend an act creating the Civil Court of DeKalb County, to provide for jurisdiction of said Court and costs in said court; and for other purposes.
HB 533. By Messrs. Ballard of Newton, Mackay, McWhorter and Rutland of DeKalb, and Mann of Rockdale:
A bill to be entitled an act to amend an act placing Solicitor General of Stone Mountain Judicial Circuit on salary basis; to change provisions relative to compensation of Solicitor General; and for other purposes.
HB 538. By Mr. Strickland of Evans:
A bill to be entitled an act to amend an act establishing the City Court of Claxton; and for other purposes.
HB 539. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to be entitled an act to amend an act relating to the compensation of members of County Board of Education in counties having popu lation of not more than 140,000 and not less than 130,000; and for other purposes.
HB 540. By Mr. Love of Catoosa:
A bill to be entitled an act to provide for a clerical assistant to the Sheriff of Catoosa County; and for other purposes.
HB 542. By Messrs. Newton and Matthews of Colquitt:
A bill to be entitled an act to amend an act to create and establish a new charter for the City of Moultrie; and for other purposes.
HB 543. By Messrs. Newton and Matthews of Colquitt:
A bill to be entitled an act to amend an act establishing a public school system for the City of Moultrie, so as to redefine the four wards into which the City is divided; and for other purposes.
HB 544. By Messrs. Brooks, McClelland and Smith of Fulton:
A bill to be entitled an act to amend an act abolishing the fee system in Superior Court Atlanta Judicial Circuit, fixing compensation of solicitor-general, etc.; and for other purposes.
HB 546. By Messrs. Campbell and Coker of Walker:
A bill to be entitled an act to amend the charter of the City of Rossville, Georgia, so as to change the corporate limits; and for other purposes.
474
JOURNAL OF THE SENATE,
HB 547. By Messrs. Campbell and Coker of Walker:
A bill to be entitled an act to amend an act creating the office of Commissioner of Roads and Revenue for the County of Walker, so as to provide for due advertisement; and for other purposes.
HB 549. By Messrs. Smith, McClelland and Brooks of Fulton:
A bill to be entitled an act to amend an act to provide in Fulton County a system for pension pay to teachers and employees of Board of Education, so as to provide additional pension benefits; and for other purposes.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House to wit:
HB 181. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to be entitled an act to create and establish for the County of DeKalb a court to be known as the Recorder's Court of DeKalb County; and for other purposes.
HB 516. By Messrs. Brennan, Cheatham and McGee of Chatham:
A bill to be entitled an act to amend an act providing for the com pensation of the Ordinary of Chatham County; and for other purposes.
HB 517. By Mr. Watson of Houston:
A bill to be entitled an act to amend an act creating and incorporating a new municipality in Houston County; to redefine the corporate limits; and for other purposes.
HB 518. By Mr. Blalock of Coweta:
A bill to be entitled an act to amend an act incorporating the City of Senoia, so as to alter the procedure for returning and assessing prop erty within the corporate limits of the city; and for other purposes.
HB 519. By Messrs. Brennan, Cheatham and McGee of Chatham:
A bill to be entitled an act to amend an act creating the City Court of Savannah, relating to establishing minimum salary of Judge of the City Court of Savannah; and for other purposes.
HB 520. By Mr. Mann of Rockdale:
A bill to be entitled an act to amend an act creating the office of Tax Commissioner of Rockdale County, so as to change the amount author ized for clerical help; and for other purposes.
WEDNESDAY, FEBRUARY 18, 1959
475
HB 522. By Mr. Stuckey of Dodge:
A bill to be entitled an act to amend an act creating a new charter for the City of Eastman, so as to define the corporate limits; and for other purposes.
HB 523. By Mr. Massee of Pulaski:
A bill to be entitled an act to amend an act creating a new charter for the City of Hawkinsville, so as to change the corporate limits; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the Senate to wit:
SB 76. By Senator Greer of the 6th:
A bill to amend the act creating a Board of Commissioners of Roads and Revenues for the County of Lanier; and for other purposes.
SB 92. By Senator Brown of the 52nd:
A bill to amend the Voter's Registration Act of 1958; to provide for places of registration in certain counties; and for other purposes.
SB 93. By Senator Kennedy of the 47th:
A bill to amend the act creating a Board of Commissioners of Roads and Revenues for Turner County; and for other purposes.
SB 96. By Senator Slade of the 14th:
A bill to amend the act creating a charter for the City of Hawkinsville; and for other purposes.
SB 97. By Senator Skelton of the 30th:
A bill to amend the act creating the office of Tax Commissioner of Hart County; and for other purposes.
SB 98. By Senator Skelton of the 30th: A bill to create the office of Commissioner of Roads and Bridges for Hart County; and for other purposes.
The House has passed as amended by the requisite constitutional majority the following bill of the Senate, to-wit:
SB 106. By Senator Brown of the 52nd: A bill to amend the act providing for the retirement of Judges and Solicitor General of Fulton County Civil and Criminal Court; and for other purposes.
HR 232. By Mr. Smith of Emanuel: A resolution commending Honorable Joe Burton; and for other purposes.
476
JOURNAL OF THE SENATE,
HR 233. By Messrs. Brooks and McClelland of Pulton, and Smith of Emanuel:
A resolution to proclaim a certain day each and every year as Georgia Golf Day in memory of Mr. Bert Prather; and for other purposes.
HR 206. By Messrs. Killian of Glynn and Gowen of Glynn:
A resolution relative to the toll charges for the Sidney Lanier Bridge in Glynn County; ond for other purposes.
The House has agreed to the Senate amendment to the following bills of the House, to-wit:
HB 388. By Messrs. Brennan, McGee and Cheatham of Chatham:
A bill to amend an act relating to registration of licensing of motor vehicles, to require penalties collected in certain counties; and for other purposes.
HB 432. By Messrs. McClelland, Brooks and Smith of Pulton:
A bill to amend an act creating the system of traffic courts for cities having a certain population; and for other purposes.
The House has agreed to the Senate amendment as amended by the House to the following bill of the House, to-wit:
HB 364. By Messrs. Ray of Warren, Smith of Emanuel and others:
A bill to create a Georgia Industrial Development Administration; to provide appointment and qualifications for members of the admin istration; and for other purposes.
The House has adopted the following Resolutions of the Senate, to-wit:
SR 27. By Senator Ramsey of the 1st:
A resolution to provide additional parking facilities for members of the General Assembly; and for other purposes.
SR 32. By Senators Kiker of the 41st, Cannon of the 40th and others:
A resolution requesting the Federal Housing Administration and Vet erans Administration to adopt certain requirements relative to lumber; and for other purposes.
SR 34. By Senator Sanders of the 18th:
A resolution commending National Defense Week and the Reserve Officers Association of the United States; and for other purposes.
HB 193. By Messrs. Parker and Hodges of Ware, and others:
A bill to be entitled an act to amend an act relating to dispositions and interrogatories; and for other purposes.
WEDNESDAY, FEBRUARY 18, 1959
477
HB 351. By Mr. Trotter of Troup:
A bill to be entitled an act to amend an act providing for the giving of security by owners and operators of motor vehicles; and for other purposes.
HB 352. By Mr. Trotter of Troup:
A bill to be entitled an act to amend an act providing for the giving of security by owners and operators of motor vehicles, dealing with who may give bond as proof of financial responsibility; and for other purposes.
HB 475. By Messrs. Hollis, Dicus and Pickard of Muscogee, and others:
A bill to be entitled an act to amend the Juvenile Court Act in counties having a population of 150,000 or more but less than 300,000; and for other purposes.
HB 485. By Messrs. Kidd and Chandler of Baldwin:
A bill to be entitled an act to amend an act making provision for coverage of certain officers and employees of political subdivisions of the State under the Old-Age and Survivors Insurance Act; and for other purposes.
HR 63. By Mr. Trotter of Troup: A resolution compensating Mrs. E. R. Aldredge; and for other purposes.
HR 181. By Messrs. Gowen and Killian of Glynn:
A resolution authorizing the Governor to execute and deliver to the U.S. of America a deed conveying right and privilege of depositing on a certain tract of marsh land any and all spoil and other matter excavated in the improvement and maintenance of Brunswick Harbor, Georgia; and for other purposes.
HB 493. By Messrs. McClelland and Brooks of Pulton:
A bill to be entitled an act to amend an act relative to admissions and communications excluded from consideration of public policy to provide that communications between Psychiatrist and Patient shall be privi leged; and for other purposes.
HB 550. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to be entitled an act to amend the charter of the Mayor and Aldermen of the City of Savannah relating to the Savannah Civil Service System; and for other purposes.
HB 551. By Messrs. Hodges and Parker of Ware:
A bill to be entitled an act to amend an act providing a new charter for the City of Waycross to extend the city limits; and for other purposes.
478
JOURNAL OF THE SENATE,
HB 192. By Mr. Smith of Fulton:
A bill to be entitled an act declaring it to be an offense for any person to be in possession of and have upon his person any Motor Vehicle Driver's License other than his own or to apply for and obtain any license in any name other than applicant's true and lawful name.
HB 282. By Messrs. Ingle of Gordon, Killian of Glynn, and others:
A bill to be entitled an act to provide for the compensation of certain State Officials and employees; and for other purposes.
HB 315. By Messrs. Brooks of Fulton, Andrews of Hall, and others:
A bill to be entitled an act to provide that counsel shall have unlimited latitude in arguing certain things to juries in certain cases; and for other purposes.
HR 84. By Mr. Rowland of Johnson:
A resolution to compensate Mr. Howard R. Johnson; and for other purposes.
HR 138. By Messrs. Pickard, Dicus and Hollis of Muscogee:
A resolution authorizing the Governor to convey certain real estate owned by the State in Muscogee County and used for military purposes to the City of Columbus; and for other purposes.
HR 148. By Messrs. Undercofler and Jones of Sumter:
A resolution authorizing the Governor of Georgia to act on behalf of the State to convey to Sumter County, Georgia, the described property in fee simple, in consideration of Sumter County, Georgia, conveying to the State of Georgia fee simple title to certain property.
HR 135. By Mr. Johnson of Butts:
A resolution authorizing the State Librarian to furnish certain law books to the Clerk of Superior Court of Butts County; and for other purposes.
The House has adopted the following Resolutions of the House:
HR 53. By Mr. Fowler of Douglas:
A resolution memorializing Congress to adjust certain inequities in retirement pay for members of the Armed Services.
HR 61. By Mr. Sheffield of Brooks:
A resolution relative to the Georgia Congressional Delegation and their stand in opposition to Federal Aid to education; and for other purposes.
HR 194. By Messrs. Brooks, McClelland and Smith of Fulton:
A resolution to commend the Atlanta and West Point Railroad and the Georgia Railroad for donation of two steam locomotives to the Cities of Augusta and Atlanta, respectively; and for other purposes.
WEDNESDAY, FEBRUARY 18, 1959
479
HR 226. By Messrs. Keever and Bradley of Bartow and Kelly of Jasper:
A resolution commending conscientious, honest and loyal State em ployees; and for other purposes.
HR 228. By Messrs. NeSmith and Hill of Meriwether:
A resolution extending good wishes of continued success to the Directors and Stockholders of Southern Land, Timber and Pulp Corporation.
HR 229. By Messrs. Floyd of Chattooga, Magoon of Hart, and Ingle of Gordon:
A resolution to commend the officers and members of the Georgia State Guard Association.
HR 230. By Messrs. Twitty of Mitchell, Cox of Clarke and Moore of Lumpkin:
A resolution commending the citizens of Lumpkin County for their contribution of gold for the Capitol Dome.
HR 231. By Mr. Smith of Emanuel:
A resolution commending Honorable Eugene Cook, the Attorney General, and the personnel of the Bill Drafting Unit; and for other purposes.
HB 565. By Mr. Barber of Jackson:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Jackson County; and for other purposes.
HB 566. By Mr. Barber of Jackson:
A bill to amend an act incorporating the City of Commerce, so as to change the corporate limits; and for other purposes.
HB 567. By Mr. Barber of Jackson:
A bill to amend an act incorporating the City of Commerce; and for other purposes.
HB 569. By Mr. Ballard of Newton:
A bill to amend an act creating a new charter for the City of Covington; and for other purposes.
HB 570. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend the act of 1943 which act created a civil service board in Fulton County; and for other purposes.
HB 431. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to be entitled an act to amend an act creating a system of retire ment benefits for judges and others, to fix time in which to qualify to participate in said fund; and for other purposes.
480
JOURNAL OF THE SENATE,
The following bills and resolutions were introduced, read the first time and referred to committees:
HB 181. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to create and establish for the County of DeKalb a court to be known as the Recorder's Court of DeKalb County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 192. By Mr. Smith of Fulton: A bill declaring it to be an offense for any person to be in possession of and have upon his person any Motor Vehicle Driver's License other than his own or to apply for and obtain any license in any name other than applicant's true and lawful name.
Referred to Committee on Public Utilities and Transportation.
HR 193. By Messrs. Parker and Hodges of Ware and others: A bill to amend an act relating to dispositions and interrogatories; and for other purposes.
Referred to Committee on Judiciary.
HB 282. By Messrs. Ingle of Gordon, Killian of Glynn and others: A bill to provide for the compensation of certain State officials and employees; and for other purposes.
Referred to Committee on Rules.
HB 315. By Messrs. Brooks of Pulton, Andrews of Hall and others: A bill to provide that counsel shall have unlimited latitude in arguing certain things to juries in certain cases; and for other purposes.
Referred to Committee on Judiciary.
HB 351. By Mr. Trotter of Troup: A bill to amend an act providing for the giving of security of owners and operators of motor vehicles; and for other purposes.
Referred to Committee on Judiciary.
HB 352. By Mr. Trotter of Troup: A bill to amend an act providing for the giving of security by owners and operators of motor vehicles, dealing with who may give bond as proof of financial responsibility; and for other purposes.
Referred to Committee on Judiciary.
HB 431. By Messrs. McClelland, Brooks and Smith of Fulton: A bill to amend an act creating a system of retirement benefits for
WEDNESDAY, FEBRUARY 18, 1959
481
judges and others, to fix time in which to qualify to participate in said fund; and for other purposes.
Referred to Committee on Judiciary.
HB 475. By Messrs. Hollis, Dicus and Pickard of Muscogee and others:
A bill to amend the Juvenile Court Act in counties having a population of 150,000 or more but less than 300,000; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 485. By Messrs. Kidd and Chandler of Baldwin:
A bill to amend an act making provision for coverage of certain officers and employees of political subdivisions of the State under the Old-Age and Survivors Insurance Act; and for other purposes.
Referred to Committee on Government Operations.
HB 493. By Messrs. McClelland and Brooks of Fulton:
A bill to amend an act relative to admissions and communications ex cluded from consideration of public policy to provide that communica tions between Psychiatrist and Patient shall be privileged; and for other purposes.
Referred to Committee on Judiciary.
HB 516. By Messrs. Brennan, Cheatham and McGee of Chatham:
A bill to amend an act providing for the compensation of the Ordinary of Chatham County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 517. By Mr. Watson of Houston:
A bill to amend an act creating and incorporating a new municipality in Houston County; to redefine the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 518. By Mr. Blalock of Coweta:
A bill to amend an act incorporating the City of Senoia, so as to alter the procedure for returning and assessing property within the corporate limits of the city; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 519. By Messrs. Brennan, Cheatham and McGee of Chatham:
A bill to amend an act creating the City Court of Savannah, relating to establishing minimum salary of Judge of the City Court of Savannah; and for other purposes.
Referred to Committee on County and Municipal Governments.
482
JOURNAL OF THE SENATE,
HB 520. By Mr. Mann of Rockdale:
A bill to amend an act creating the office of Tax Commissioner of Rockdale County, so as to change the amount authorized for clerical help; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 522. By Mr. Stuckey of Dodge:
A bill to amend an act creating a new charter for the City of Eastman, so as to define the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 523. By Mr. Massee of Pulaski:
A bill to amend an act creating a new charter for the City of Hawkinsville, so as to change the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 524. By Mr. Sheffield of Brooks:
A bill to amend an act creating the office of Tax Commissioner of Brooks County, so as to provide that it shall not be necessary for Tax Commissioner to make rounds for collecting taxes; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 525. By Messrs. Cheatham, McGee and Brennan of Chatham:
A bill to amend the charter of the Town of Garden City, by permitting the use of voting machines in municipal elections; and for other pur poses.
Referred to Committee on County and Municipal Governments.
HB 526. By Messrs. Story and Morgan of Gwinnett:
A bill to amend an act creating a new charter for the City of Lawrenceville, by extending the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 528. By Messrs. Cheatham, McGee and Brennan of Chatham:
A bill to amend an act creating and establishing the Municipal Court of Savannah; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 530. By Messrs. Mackay, McWhorter and Rutland of DeKalb and Ballard of Newton:
A bill to abolish an act providing for special criminal bailiffs in
WEDNESDAY, FEBRUARY 18, 1959
483
counties having population of more than 20,000, to provide for assistants to Solicitor-General of Stone Mountain Circuit; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 531. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend an act creating the Civil Court of DeKalb County, to provide for jurisdiction of said Court and costs in said court; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 533. By Messrs. Ballard of Newton, Mackay, McWhorter and Rutland of DeKalb, and Mann of Rockdale:
A bill to amend an act placing Solicitor General of Stone Mountain Judicial Circuit on salary basis; to change provisions relative to com pensation of Solicitor General; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 538. By Mr. Strickland of Evans:
A bill to amend an act establishing the City Court of Claxton; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 539. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend an act relating to the compensation of members of County Board of Education in counties having population of not more than 140,000 and not less than 130,000; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 540. By Mr. Love of Catoosa:
A bill to provide for a clerical assistant to the sheriff of Catoosa County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 542. By Messrs. Newton and Matthews of Colquitt:
A bill to amend an act to create and establish a new charter for the City of Moultrie; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 543. By Messrs. Newton and Matthews of Colquitt:
A bill to amend an act establishing a public school system for the City of Moultrie, so as to redefine the four wards into which the city is divided; and for other purposes.
Referred to Committee on County and Municipal Governments.
484
JOURNAL OF THE SENATE,
HB 544. By Messrs. Brooks, McClelland and Smith of Fulton:
A bill to amend an act abolishing the fee system in Superior Court Atlanta Judicial Circuit, fixing compensation of solicitor-general, etc.; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 546. By Messrs. Campbell and Coker of Walker:
A bill to amend the charter of the City of Rossville, Georgia, so as to change the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 547. By Messrs. Campbell and Coker of Walker:
A bill to amend an act creating the office of Commissioner of Roads and Revenue for the County of Walker, so as to provide for due advertisement; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 549. By Messrs. Smith, McClelland and Brooks of Fulton:
A bill to amend an act to provide in Fulton County a system for pen sion pay to teachers and employees of Board of Education, so as to provide additional pension benefits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 550. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to amend the charter of the Mayor and Aldermen of the City of Savannah relating to the Savannah Civil Service System; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 551. By Messrs. Hodges and Parker of Ware:
A bill to amend an act providing a new charter for the City of Waycross to extend the city limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 553. By Messrs. Willingham, Holcombe and Reed of Cobb and Fowler of Douglas:
A bill revising the several acts incorporating the Town of Austell; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 554. By Messrs. Brooks and McClelland of Fulton:
A bill to authorize the governing authority of the several municipalities to enact zoning ordinances in certain counties; and for other purposes.
Referred to Committee on County and Municipal Governments.
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485
HB 555. By Messrs. McClelland and Brooks of Fulton: A bill to limit the amount of ad valorem taxes and to provide for registration fees, licenses and business taxes in certain counties; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 556. By Mr. Jones of Wayne: A bill to prohibit the collection of fees for traffic arrests by the Sheriff of Wayne County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 557. By Messrs. McCown and Coalson of Polk: A bill creating a new charter for the City of Cedartown; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 558. By Messrs. Lee and Blalock of Clayton: A bill to incorporate the Town of Forest Park; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 559. By Mr. Barrett of Cherokee: A bill to amend an act creating the office of Commissioner of Roads and Revenues for the County of Cherokee; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 562. By Mr. Blalock of Clayton: A bill to provide a salary for the official court reporter of the Clayton Judicial Circuit in lieu of fees for criminal cases; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 563. By Messrs. Story and Morgan of Gwinnett:
A bill to incorporate the City of Dacula, in Gwinnett County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 564. By Messrs. Story and Morgan of Gwinnett: A bill to amend an act to create a board of county commissioners for Gwinnett County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 565. By Mr. Barber of Jackson: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Jackson County; and for other purposes.
Referred to Committee on County and Municipal Governments.
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HB 566. By Mr. Barber of Jackson:
A bill to amend an act incorporating the City of Commerce, so as to change the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 567. By Mr. Barber of Jackson:
A bill incorporating the City of Commerce, so as to change the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 569. By Mr. Ballard of Newton:
A bill to amend an act creating a new charter for the City of Covington; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 570. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend the act of 1943 which act created a civil service board in Fulton County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HR 63. By Mr. Trotter of Troup: A resolution compensating Mrs. E. R. Aldredge; and for other purposes.
Referred to Committee on Appropriations.
HR 84. By Mr. Rowland of Johnson:
A resolution to compensate Mr. Howard R. Johnson; and for other purposes.
Referred to Committee on Appropriations.
HR 135. By Mr. Johnson of Butts:
A resolution authorizing the State Librarian to furnish certain law books to the Clerk of Superior Court of Butts County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HR 138. By Messrs. Pickard, Dicus and Hollis of Muscogee: A resolution authorizing the Governor to convey certain real estate owned by the State in Muscogee County and used for military purposes to the City of Columbus; and for other purposes.
Referred to Committee on Rules.
HR 148. By Messrs. Undercofler and Jones of Sumter: A resolution authorizing the Governor of Georgia to act on behalf of
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487
the State to convey to Sumter County, Georgia, the described property in fee simple, in consideration of Sumter County, Georgia, conveying to the State of Georgia fee simple title to certain property.
Referred to Committee on Rules.
HR 181. By Messrs. Gowen and Killian of Glynn:
A resolution authorizing the Governor to execute and deliver to the U. S. of America a deed conveying right and privileges of depositing on a certain tract of marsh land any and all spoil and other matter excavated in the improvement and maintenance of Brunswick Harbor, Georgia; and for other purposes.
Referred to Committee on Rules.
The following bills and resolutions were read the second time:
HB 166. By Mr. Dicus of Muscogee:
A bill to amend an act pertaining to attendance of witnesses so as to provide for payment of fees to any sheriff, etc., attending any court having jurisdiction to enforce penal laws in certain cases; and for other purposes.
HB 260. By Messrs. Hollis of Muscogee and Raulerson of Echols: A bill to amend an act relating to the imposition, assessment, computa tion and collection of an income tax on net income; and for other purposes.
HB 329. By Messrs. Cheek of Taylor and Rutland of DeKalb: A bill to amend code section 68-709 relating to registration of motor vehicles for hire so as to exclude certain vehicles; repeal conflicting laws; and for other purposes.
HB 419. By Mr. Summers of Crisp:
A bill to require the various county boards of public health to inspect funeral establishments; to provide for abatement as public nuisance any establishment in unsanitary condition; and for other purposes.
HB 469. By Messrs. Lowrey of Floyd, Kelly of Jasper, Tamplin of Morgan and others:
A bill to amend an act relating to concentrated commercial feed stuff so as to provide that the Commissioner of Agriculture may establish standards for same; and for other purposes.
HB 470. By Mr. Dilworth of Franklin:
A bill to amend an act incorporating the City of Cannon, to authorize the city to exercise the power of eminent domain; and for other pur poses.
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HB 472. By Messrs. Ballard of Newton, Barrett of Cherokee and others:
A bill to require that a manufactured motor engine, well pump or other mechanical item be labeled "Remanufactured"; and for other purposes.
HB 474. By Messrs. Lowrey and Scoggin of Floyd, Kelly of Jasper and others:
A bill to amend an act known as the "Agricultural Commodities Authority Act", so as to include eggs in the provision of said act; and for other purposes.
HB 503. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A bill to amend an act relating to the registration and license of makers and dealers of motor vehicles and tractors, to provide "dealer" license plates; and for other purposes.
HR 44. By Mr. McClelland of Fulton: A resolution to compensate Sam M. Carson; and for other purposes.
HR 118. By Mr. Terry of Murray:
A resolution to compensate Mrs. Anna Wattenbarger; and for other purposes.
HR 137. By Messrs. Floyd of Chattooga, Steis of Harris, Huddleston of Fayette and others:
A resolution authorizing the issuance of license tags to the Com manders of certain patriotic organizations; and for other purposes.
HR 139. By Mr. Griffin of Decatur:
A resolution authorizing the conveyance of certain property in Decatur County; and for other purposes.
HR 169. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A resolution to authorize the Governor to sell certain lands located in Fulton County, to provide method of sale, and delivery of deed; and for other purposes.
HR 178. By Messrs. Keever and Bradley of Bartow:
A resolution authorizing and directing the State Librarian to furnish certain law books to the clerk of the Superior Court of Bartow County; and for other purposes.
HE 184. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A resolution to ratify, approve and confirm executive order of Governor, dated February 2, 1959, suspending collection of tax imposed by Georgia Retailers' and Consumers' Sales and Use Tax Act; and for other purposes.
The following bill was taken up for the purpose of considering House action thereto:
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489
HB 309. By Messrs. McCown and Coalson of Polk:
A bill to abolish the present mode of compensation in offices of clerks of superior court and city court and sheriff of Polk County; and for other purposes.
Messrs McCown and Coalson of Polk offered the following amend ment to the Senate amendment to HB 309:
Amend HB 309 by striking the words and figures in line four "Twenty-Three Thousand Five Hundred ($23,500.00)" and inserting in lieu thereof the words and figures "Twenty-Five Thousand Five Hundred ($25,500.00)".
Senator Livingston of the 38th moved that the Senate adopt the House amendment to the Senate amendment to HB 309.
On the motion, the ayes were 37, nays 0, and the amendment was adopted.
The following bill was taken up for the purpose of considering House action thereto:
SB 106. By Senator Brown of the 52nd:
A bill to amend the act providing for the retirement of judges and solicitor general of Fulton County Civil and Criminal Court (Ga. Laws 1946, p. 299), so as to allow credit under said act for prior service with the City of Atlanta or other county; and for other purposes.
The House amendment was as follows:
Mr. Brooks of Fulton moved to amend SB 106 as follows:
By striking section 1 in its entirety and inserting in lieu thereof a new paragraph to be known as section but as follows:
Section 1.
Section 4 (a) of an act providing for the retirement of Judges and Solicitor General of Fulton County Civil and Criminal Courts, approved January 31, 1946 (Ga. Laws 1946, p. 299), as amended, particularly by an act approved March 6, 1956 (Ga. Laws 1956, p. 3069), is hereby amended by striking said section in its entirety and substituting in lieu thereof a new section 4(a) which shall read as follows:
"Section 4(a). Any present or future judge or solicitor gen eral, who is, or who may hereafter be entitled to the benefits of this act, who has served as an employee of Fulton County or City of Atlanta or the State of Georgia, and as such employee, is entitled to the benefits of a pension system established for such employee, may receive credit for such service with Fulton County or City of Atlanta or the State of Georgia, by notifying the trustees of this fund of his election to obtain such credit and benefit, and by paying into the pension fund five (5%) percent of the amount of the salary of a judge or solicitor so claiming benefit, was actually in service as an employee of Fulton County or City of Atlanta or the State of Georgia. Such payment may be made over
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a period of thirty-six (36) months on deferred installments at the rate of three (3%) percent per annum; provided, no benefit shall be received by the judge or solicitor claiming credit under this provision, until he has paid all of the sums required of him for credit for prior service as an employee of Fulton County of City of Atlanta, or the State of Georgia, and provided further that the amount of any sum owing after such election to obtain credit may be deducted from any sum or sums which otherwise the judge or solicitor would be entitled to receive as a benefit under this Act. The judge or solicitor shall have as a credit all sums which he may have paid to any pension fund of Fulton County or City of Atlanta, or the State of Georgia, during his prior service as an employee, without deduction which sums shall be paid by the treasurer of Fulton County or by the trustees of the pension fund, as the case may be, to the trustees and treasurer of the judges and solicitors General's Retirement Fund of Fulton County. The word 'employee' as used herein shall also include officers, whether appointed or elected by the people."
Senator Brown of the 52nd offered the following amendment to the House amendment:
Amend the House amendment to SB 106 by adding the following sentence, at the end of Section 4-A to wit: The words "Solicitor General" and "Solicitor" as used herein shall include Assistant Solicitor General and Assistant Solicitor.
On the adoption of the amendment to the House amendment to SB 106, the ayes were 35, nays 0, and the amendment to the House amendment was adopted.
Senator Brown of the 52nd moved that the House amendment, as amended, be adopted.
On the motion, the ayes were 38, nays 0, and the amendment was adopted.
Senator Vaughn of the 34th District, Secretary of the Committee on Rules, submitted the following report:
Mr. President: Your Committee on Rules has had under consideration the following bills
and resolutions of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SR 48. Do Pass, as Amended. HR 169. Do Pass. HR 139. Do Pass. HR 184. Do Pass.
HR 200. Do Pass. HB 430. Do Pass, as Substituted. HR 39. Do Pass. SR 55. Do Pass, as Amended.
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491
HB 239. Do Pass. HE 146. Do Pass.
Respectfully submitted, Vaughn of 34th District, Secretary.
Senator Carlisle of the 51st District, Chairman of the Committee on Appro priations, submitted the following report: Mr. President:
Your Committee on Appropriations has had under consideration the fol lowing resolutions of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HR 31. Do Pass. HR 36. Do Pass. HR 38. Do Pass. HR 47. Do Pass. HR 48. Do Pass. HR 66. Do Pass. HR 67. Do Pass. HR 115. Do Pass.
Respectfully submitted, Carlisle of 51st District, Chairman.
Senator Brown of the 52nd District, Chairman of the Committee on County and Municipal Governments, submitted the following report:
Mr. President: Your Committee on County and Municipal Governments has had under con
sideration the following bills of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 498. Do Pass, by Substitute. HB 499. Do Pass by Substitute. HB 492. Do Pass.
HB 232. Do Pass. HB 488. Do Pass.
HB 417. Do Pass. HB 407. Do Pass. HB 166. Do Pass.
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HB 471. Do Pass. HB 279. Do Pass. HB 515. Do Pass. HB 509. Do Pass. HB 477. Do Pass. HB 411. Do Pass. HB 412. Do Pass. HB 480. Do Pass. HB 482. Do Pass. HB 468. Do Pass. HB 413. Do Pass. HB 484. Do Pass. HB 505. Do Pass. HB 410. Do Pass. HB 506. Do Pass. HB 479. Do Pass. HB 461. Do Pass. HB 425. Do Pass. HB 497. Do Pass. HB 510. Do Pass. HB 511. Do Pass. HB 483. Do Pass. HB 465. Do Pass, as Amended. HB 466. Do Pass, as Amended. HB 401. Do Pass, as Amended. HB 408. Do Pass, as Amended. HB 373. Do Pass, as Amended. HB 409. Do Pass, as Amended. HB 464. Do Pass, as Amended. HB 182. Do Pass, as Amended.
Respectfully submitted, Brown of 52nd District, Chairman.
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493
Senator Brown of the 52nd District, Chairman of the Committee on County and Municipal Governments, submitted the following report:
Mr. President:
Your Committee on County and Municipal Governments has had under con sideration the following bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
HB 367. Do Pass.
Respectfully submitted,
Brown of 52nd District,
Chairman.
Senator Greer of the 6th District, Chairman of the Committee on Public Utilities and Transportation, submitted the following report:
Mr. President:
Your Committee on Public Utilities and Transportation has had under con sideration the following bills of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 329. Do Pass.
HB 503. Do Pass.
Respectfully submitted,
Greer of 6th District,
Chairman.
Senator Brooks of the 23rd District, Chairman of the Committee on Banking and Finance, submitted the following report:
Mr. President:
Your Committee on Banking and Finance has had under consideration the following bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
HB 260. Do Pass.
Respectfully submitted,
Brooks of 23rd District,
Chairman.
Senator Jordan of the 25th District, Chairman of the Committee on Judi ciary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bills of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 389. Do Pass.
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HB 326. Do Pass.
Respectfully submitted, Jordan of 25th District, Chairman.
Senator Lindsey of the llth District, Secretary of the Committee on Agri culture and Natural Resources submitted the following report:
Mr. President:
Your Committee on Agriculture and Natural Resources has had under con sideration the following bills and resolution of the House and Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 21. Do Pass.
HB 110. Do Pass.
HB 363. Do Pass.
HB 385. Do Pass.
SR 40. Do Pass.
Respectfully submitted,
Lindsey of llth District,
Secretary.
The following resolutions were read:
SR 48. By Senator Brown of the 52nd: A resolution authorizing the placing of additional busts in the Georgia Hall of Fame in the State Capitol; and for other purposes.
The Committee on Rules offered the following amendment: Amend SR 48 by striking therefrom the phrase "and directed" as same appears in last two paragraphs of said resolution.
The amendment was adopted.
The resolution was adopted as amended.
SR 55. By Senator Pannell of the 43rd:
A resolution to create a committee to study the advisability of making a change in the basic methods of education in the state of Georgia so as to bring the instructor to the masses, instead of masses to the instructor, and to fully utilize the media of television in our educational system; and for other purposes.
The Committee on Rules offered the following amendment: "Now, therefore, be it resolved by the Senate that there is hereby
WEDNESDAY, FEBRUARY 18, 1959
495
created a committee composed of three (3) members of the Senate to be appointed by the president of the Senate to consult with the State Board of Education to see if a "crash" program of Television Educa tion is possible at this time.
That the members of said committee receive the regular per diem and expenses provided by law for interim committees for a period not to exceed (5) five days.
The amendment was adopted.
The resolution was adopted as amended.
The following local uncontested bills, favorably reported by the committees, were read the third time and put upon their passage:
HB 498. By Messrs. Smith, Brooks and McClelland of Pulton:
A bill to amend an act to provide for partial pensions benefits for per sons employed in public school system in cities of more than 150,000; and for other purposes.
The Committee on County and Municipal Governments offered the following substitute:
AN ACT
To amend the act approved August 20, 1927 (Ga. L. 1927, pp. 265 et seq.), as amended, providing that cities having a population of more than 150,000, as disclosed by the United States census of 1920, or sub sequent census, shall furnish pensions to officers and employees of such cities, and for other purposes, so as to provide additional pension bene fits for all employees who have served in excess of thirty (30) years at the time of retirement; to provide for leaves of absence for em ployees of the Board of Education of such cities; to repeal conflicting laws, and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, and it is hereby enacted by authority of the same, that the Act approved August 20, 1927 (Ga. L. 1927, pp. 265 et seq.) to provide that cities having a population of more than 150,000, as disclosed by the United States census of 1920, or subsequent census, shall furnish pensions to all officers and employees of such cities, and for other purposes, as amended, be and the same is hereby further amended, as follows:
SECTION 1.
The pension benefits provided by this Section and the several sub sections shall be in lieu of like pension benefits provided by existing provisions of this Act.
(a) Any officer or employee eligible for a pension under this Act who is in the employment of the city prior to the effective date of this amendment may elect to come under the provisions of this amend ment by making written application to the pension board prior to July 1, 1959. The applicant must agree in writing to accept the benefits
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and obligations of this amendment in lieu of other pension benefits and obligations under this Act, as amended.
All such officers and employees in the employment of the city on the effective date of this Act who do not in writing agree to accept the benefits and obligations of this amendment shall have their rights and obligations determined under the law as it existed prior to this amendment.
(b) When such officer or employee shall retire as a matter of right, he shall be paid thereafter a monthly pension equal to one-half of the average monthly salary paid to such officer or employee during the twelve (12) months immediately preceding his retirement but said pension payment shall not exceed $150.00 per month, except as here inafter provided.
In case the officer or employee has served 26 years, or more, the amount of the pension payment shall be increased $5.00 per month for each full year's active service in excess of 25 years.
In case the officer or employee has served 30 years, or more, the amount of the pension shall be increased an additional $5.00 per month for each full year's active service in excess of 30 years.
The records kept in the office of the comptroller or other chief finance officer of such city shall be conclusive as to the time served.
(c) The sum of 5% of the salary, not exceeding $300.00 per month, paid to such officer or employee in the event he does not provide for payment of a pension to his beneficiary as authorized by this Act, as amended, and the sum of 6% of the salary, not exceeding $300.00 per month, in the event he does provide for the continuance of the pension to his beneficiary, shall be deducted from the salaries or wages of all such officers and employees of such city who consent and agree to the provisions of this amendment. Like deductions shall be made frcm the salaries of those required to come under this amendment. The sums shall be retained by the comptroller or other chief finance officer of the city, as the case may be, and are hereby set apart as a pension fund, free from the control of any such city for any other purpose or expenditure.
(d) This section and the several subsections shall be effective the first day of the month following the passage and approval of this Act and the payments required by the preceding section, as to those then employed and electing to come under this amendment, shall begin with that date. As to those subsequently coming into the service of the city, the payments shall begin with the employment or qualification for service.
(e) Any person who shall elect to come under the terms of this amendment and who shall retire within three (3) years of the effective date of this Act, shall pay or shall have paid into the pension fund an amount equivalent to 1% of his salary used in computing his retirement pay, for said three (3) year period.
(f) All regular officers or employees of the city, eligible for par ticipation in this Act, as amended, who shall be elected or employed after the effective date of this Act, shall be required to come under the provisions of this Act, as now amended, and shall have all rights
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497
and duties provided in the amended Act. Temporary employees shall not be required to participate in this Act, as amended.
SECTION 2.
In addition to the fund derived from deductions from salaries and wages as required by the terms of this Act, as amended, or as may hereafter be amended, it shall be the duty of the governing authorities and the boards of education of such cities to appropriate and pay into the pension fund established by this Act an amount which shall equal the total amount of deductions from the salaries and wages paid to officers and employees of said governing authorities and said boards of education. Should said fund at any time be insufficient to meet and pay the pensions due to such officers and employees, such governing authorities shall appropriate from current funds other than funds derived from ad valorem taxation and such boards of education shall appropriate from current funds sufficient amounts to make up the deficiency as it relates to their respective officers and employees.
SECTION 3.
In the event that the closing of any school or schools in said city shall become compulsory by Federal, State, or City order, and by reason thereof the Board of Education of said city fails to pay the salaries due any teacher or employee who comes under the provisions of this Act, then and in that event said Board of Education shall grant to such teacher or employee an indefinite leave of absence subject to the following terms and conditions:
Such leave of absence shall be terminated when the school or schools reopen and the payment of the salary of the teacher or em ployee is resumed; provided, however, that upon resumption of active employment, such teacher or employee shall have the same civil service, contractual, and pension rights as were effective at the time said leave of absence was granted, and that no rights or benefits shall be impaired by reason of such interruption of active employment.
SECTION 4.
All laws and parts of laws in conflict herewith are hereby repealed.
On the adoption of the substitute, the ayes were 35, nays 0, and the sub stitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 499. By Messrs. Smith, Brooks and McClelland of Fulton:
A bill to amend an act to provide Fulton County a system of pension and retirement pay to teachers and employees of the Board of Educa tion; and for other purposes.
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The Committee on County and Municipal Governments offered the following substitute:
AN ACT
An act to amend an act entitled "An Act to Provide in Pulton County a System of Pension and Retirement Pay to Teachers and Employees of the Board of Education of Fulton County and for Other Purposes," approved February 2, 1945 (Ga. Laws 1945, p. 528), as heretofore amended, so as to provide additional pension benefits: to repeal Section 1 (b), (Ga. Laws 1955, p. 2879) ; to increase the amount of employee contributions; to repeal Section 1 (e), (Ga. Laws 1955, p. 2879) ; to provide for a leave of absence for teachers and employees of the Board of Education, to repeal conflicting laws, and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An act entitled "An act to provide Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County and for other purposes." Approved February 2, 1945 (Ga. Law 1945, p. 528), as heretofore amended, is hereby amended by repealing in its entirety sub-paragraph b of Section 1 of an act approved March 7, 1955 (Ga. Laws 1955, p. 2879 et seq.)
Section 2. Said act entitled "An Act to provide Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County and for other purposes." Approved February 2, 1945 (Ga. Laws 1945, p. 528), as heretofore amended, is further amended by inserting a new paragraph to be known as Section 5-b which shall read as follows:
"Section 5-b. In the event that a teacher or employee served twenty-five years or more, the amount of the pension payment shall be increased $5.00 per month for each full year of active service in excess of twenty-five years. In the event a teacher or employee has served thirty years or more, the amount of the pension payment shall be increased an additional $5.00 per month for each full year of active service in excess of thirty years. Records kept in the office of the Board of Education of Fulton County shall be con clusive as to the time served by any such teacher or employee."
Section 3. An act entitled "An Act to provide Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County and for other purposes." Approved February 2, 1945 (Ga. Laws 1945, p. 528), as heretofore amended, is hereby amended by repealing in its entirety sub-paragraph (e) of Section 1 of an Act approved March 7, 1955 (Ga. Laws 1955, p. 2879 et seq.).
Section 4. Said act is further amended by striking the first para graph of Section 6 in its entirety and inserting a new first paragraph of Section 6 which shall read as follows:
"Section 6. Beginning on the first day of the month next succeeding the effective date of this Act, there shall be deducted from the salaries or wages of all employees of the Board of Edu-
WEDNESDAY, FEBRUARY 18, 1959
499
cation coming under the provisions of this Act, an amount equal to 5% of the monthly salary of such teacher or employee up to a maximum of $300.00 per month for each such teacher or em ployee which shall be paid to the Treasurer of the Pension Board. If the teacher or employee desires that his widow or minor child or children succeed to his rights as pensioner upon his death, after retirement on pension or being eligible to retire, he may do so by designating his wife or minor child or children as beneficiary by paying an additional one per cent of his monthly salary up to $300.00 per month into the said fund, which shall entitle his widow, minor child or children, as the case may be, to 75% of the pension which he was drawing, or entitled to draw, at the time of his death, and which shall be paid under the conditions as set out herein. Said 1% shall be paid from the time the teacher or employee became a member of said fund. Provided, how ever, that before a wife or widow shall be eligible to a pension, she must have been married to the pensioner at least five years before he became eligible for retirement. At the beginning of each fiscal year, the Board of Commissioners shall appropriate a sum of money sufficient to match dollar for dollar the contributions made by the teachers and employees out of their salaries and wages for the previous fiscal year, in quarterly instalments, pay the same out of the public funds of said County to the Treasurer of the Pension Board.
Section 5. Any teacher or employee eligible for a pension under this act who shall have been employed by said Board of Education prior to the effective date of this act may elect to come under the provisions of this act by making written application of such intention to the Pension Board prior to July 1, 1959.
Section 6. Any such teacher or employee eligible for a pension under this act who shall have been employed by said Board of Edu cation prior to the effective date of this act and who shall retire within three years of the effective date of this act, shall pay or shall have paid into the Pension Fund an amount equivalent to one (1%) per cent of his salary used in computing his retirement pay for the said three years.
Section 7. Officers and employees of the Fulton County Board of Education who retired prior to April 1, 1955, and who are eligible for additional pension benefits under Section 2 of said Act approved March 21, 1958, (Ga. Laws 1958, p. 2752, et seq.), shall not be required to pay any amount into the pension funds in order to receive such additional benefits. If such payments have been required by the Board of Trustees, they shall be immediately refunded.
Section 8. In the event that the closing of any school or schools in Fulton County shall become compulsory through any federal, state or county order, and by reason thereof the Board of Education shall fail to pay the salary due any teacher or employee who comes under the provisions of this Act, then and in that event, said Board of Education shall grant to such teacher or employee an indefinite leave of absence, subject to the following terms and conditions:
Such leave of absence shall be terminated when the school or schools reopen and the payment of the teacher or employees' salary is resumed. Provided however, that upon resumption of active em-
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ployment such teacher or employee shall have the same civil service, contractual and pension rights as were effective at the time said leave of absence was granted, and that no rights or benefits shall be im paired by reason of such interruption of active employment.
Section 9. All laws and parts of laws in conflict herewith be and the same are hereby repealed.
Section 10. A copy of the notice to apply for this local legislation is attached hereto and made a part of this bill, and it is hereby declared by the authority aforesaid that all of the requirements of law relating to the notice of intention to apply for the passage of local legislation have been complied with for the enactment of this law.
On the adoption of the substitute, the ayes were 35, nays 0, and the sub stitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 465. By Messrs. Keever and Bradley of Bartow:
A bill to consolidate all laws chartering the Town of Kingston, to change the name to City of Kingston; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
Amend HB 465 by deleting therefrom Section 21 and inserting in lieu thereof the following:
"Section 21.
Said City of Kingston shall have full power and authority to contract for the furnishing or distributing of or to furnish or dis tribute water, gas, heat and sewerage for the public use of said City, and for private use and charge therefor; to grant franchises for or to contract for, or to own, construct, enlarge, operate, and maintain a system of waterworks and sewerage, and a system for the manufactur ing and/or supplying gas and/or heat; to purchase electric energy; and to maintain the supplying of said public service."
Further amend HB 465 by deleting subparagraph (D) of Section 22 and inserting in lieu thereof:
"(D) The provisions of this Section shall be applicable to charges for any public utility service provided or furnished by said City, including water, gas, heat, and sewer service."
Further amend HB 465 by deleting from lines 2 and 3 of Section 22 the words "electric lights or power energy,"
Further amend HB 465 by deleting from Section 22A the words "electric energy" wherever they appear.
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501
Further amend HB 465 by deleting from Section 22 (B) thereof and in line 2 thereof the words "electric energy" from lines 9 and 10 thereof the words "electric energy" and from line 11 thereof the words "electric lights,"
Further amend Section 22 (D) by deleting from line 3 of said section the words "electric energy,"
Further amend Section 25 by adding after the word "property" in line 2 thereof the words "except the property of any existing public utility"
Further amend Section 25 by deleting from line 3 thereof the words "electric light,"
Further amend Section 25 by deleting from Section 25 line 6 thereof the words "electric light and power plant,"
Further amend Section 26 by deleting from line 6 thereof the words "a system of lights or electric power,"
On the adoption of the amendment, the ayes were 35, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 466. By Messrs. Keever and Bradley of Bartow:
A bill to amend an act incorporating the Town of Emerson; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
1. Amend HB 466 by deleting from Section 1 thereof in line 4 of Section 20A of the Charter of the City of Emerson the words "such as" and substituting therefor the word "for", and by deleting the word "electricity" from said line 4 thereof.
2. Further amend HB 466 by deleting from Section 1 thereof in Section 20B of the Charter of the City of Emerson the words "electric current" wherever they appear.
3. Further amend HB 466 by deleting from Section 1 thereof in line 4 of Section 20D of the Charter of the City of Emerson the words "including the property of any existing public utility" and substituting therefor the words "excluding the property of any existing public utility other than for rights of way for streets, natural gas, water and sewerage."
4. Further amend HB 466 by deleting from Section 1 thereof in lines 2 and 3 of Section 20D (a) of the Charter of the City of Emerson
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the words "public utility purposes," and substituting therefor the words "sewerage, water and natural gas distribution systems,".
5. Further amend HB 466 by deleting from lines 3 and 4 of Section 20D (a) of the Charter of the City of Emerson the words, "public utility, facilities, transmission lines and", and substituting therefor the words "sewerage, water and natural gas".
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 182. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend an act creating a new charter for the City of Chamblee; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
By substituting the word "repealing" for the word "striking" in the first paragraph of Section 3.
By substituting the Number 994 for the Number 944 in the 3rd line of Section 6 and in the 2nd line of Section 7 and in the 2nd line of Section 8. By substituting the word "for" for the word "to" in the 3rd line of Section 7.
By substituting the word "west" for the word "East" at the be ginning of the llth line from the bottom of page 8.
By substituting the word "now" for the word "not" in the 12th line from the top of page 9.
By inserting the word "the" between the words "at" and "south west" in the 3rd line of Section (c) on page 9.
By adding the following clause in 3rd line at top of page, line 11, page 11 the word "Boulevard": "thence northeasterly along the north western right-of-way line of said Peachtree Industrial Boulevard".
By substituting the word "parts" for the word "part" near the end of line 2 of Section 12 on page 12.
On the adoption of the amendment, the ayes were 35, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
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503
The bill, having received the requisite constitutional majority, was passed as amended.
HB 373. By Mr. NeSmith of Meriwether:
A bill to amend the charter of the City of Manchester; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
The caption of HB 373 is amended by striking the caption in its entirety as it appears in said bill, and inserting in lieu thereof the following:
An act to amend an act incorporating the City of Manchester, approved August 16, 1909, (Acts 1909, p. 1071) and Acts amenda tory thereof, by striking all of Section 6 of the amending Act of said Charter approved August 20, 1923 (Acts 1923, pp. 739 et seq.), and inserting in lieu thereof a new section providing that the terms of the Commissioners shall be for two years; and for other purposes.
HB 373 is further amended by striking all of Sections 1, 2, 3, 4, 5 and 6 of said Bill, and inserting in lieu thereof the following:
Section 1.
Section 6 of the Act amending the charter of the City of Manchester approved August 20, 1923 (Acts 1923, pp. 739 et seq.) is amended as follows: By striking all of Section 6 and inserting in lieu thereof the following:
Section 6. Said Commissioners shall be elected for a term of two years each or until their successors are elected and qualified unless removed in accordance with the provisions of this Act.
From and after the effective date of this Act, a regular election shall be held on the second Wednesday in January in each year in which a vacancy in the Board of Commissioners arises for the purposes of electing a Commissioner or Commissioners to fill the vacancy or vacancies of the outgoing Commissioner or Commissioners, whose terms of office shall be for two years.
Section 2.
This act shall not become effective until the same shall be approved in a referendum election to be held on the fourth Wed nesday following the passage and approval of this Act. Such refer endum election shall be held under the same rules and regulations governing the election of officers of the City of Manchester, at which election there shall be submitted to the qualified voters of the City of Manchester, the question of approval of this Act. There shall be printed on ballots the following:
(_,,_________,,_.) For Charter amendments providing for two year terms for Commissioners.
(___________...) Against Charter amendments providing for two year terms for Commissioners.
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Those persons wishing to vote in favor of approval of this act shall so indicate by making a mark in the block opposite "For Charter amendments providing for two years terms of Commis sioners". Those persons wishing to vote against approval of this Act shall so indicate by making a mark in the block opposite "Against Charter amendments providing for two year terms of Commissioners".
If a majority of the votes cast in such referendum election shall be against approval of this act then this act shall be void and of no effect. If a majority of the votes cast in such referendum election shall be in favor of the approval of this act then the same shall become effective as a part of the Charter of the City of Manchester. The Clerk of the City of Manchester shall certify the results of such referendum election to the Secretary of State for filing with the enrolled copy of this act.
Section 3.
The present incumbents of the Commissioners for the City of Manchester shall continue to serve on the said Board of Commis sioners during the terms to which they shall have been elected.
Section 4.
All laws or parts of laws in conflict herewith be and the same are hereby repealed.
On the adoption of the amendment, the ayes were 35, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 401. By Messrs. Keever and Bradley of Bartow, Ingle of Gordon, Terry of Murray, Smith and Winkle of Whitfield:
A bill to provide for the terms of the Superior Courts in the Counties of the Cherokee Judicial Circuit; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
Amend HB 401, as follows:
(1) By adding a paragraph at the end of Section 1, to read as follows:
"Provided, however, that the presiding judge of the Superior Court of Murray County shall draw Grand Juries for the February and August terms of said court, and in his discretion, he may draw Grand Juries for the May and November terms, either in
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505
term time or vacation. In the event he does not draw a Grand Jury for the May term, the Grand Jury for the February term shall, in the discretion of the judge, be continued until the Grand Jury for the August term is drawn. In the event he does not draw a Grand Jury for the November term, the Grand Jury for the August term shall, in the discretion of the judge, be continued until the Grand Jury for the February term is drawn. The pre siding judge of said court, in his discretion, may not require a trial jury to attend the May or November terms of said court if the pending business, in the opinion of said judge, does not require the presence of a trial jury."
On the adoption of the amendment, the ayes were 35, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 408. By Messrs. Bradley and Keever of Bartow:
A bill to amend an act incorporating the Town of Adairsville, so as to provide that said city may contract with other municipalities to furnish public utility service; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
Amend HB 408 by deleting from Section 1 thereof in line 3 of section 8A of the charter of the City of Adairsville the words "such as" and substituting in lieu thereof the word "for", and by deleting from line 4 thereof the word "electricity".
Amend HB 408 by deleting from section 1 thereof in section 8B of the charter of the City of Adairsville the word "electric current" wherever it appears.
Amend HB 408 by deleting from lines 3 and 4 of section 8D of the charter of the City of Adairsville the words "including the property of any existing public utility" and substituting therefor the words "excluding the property of any existing public utility other than for rights of way for streets, natural gas, water and sewerage."
Amend HB 408 by deleting from section 1 thereof in lines 2 and 3 of section 8D (a) of the charter of the City of Adairsville the words "public utility purposes", and substituting therefor the words "sewer age, water and natural gas distribution systems."
Amend HB 408 by deleting from lines 3 and 4 of Section 8D (a) of the charter of the City of Adairsville the words "public utility, facilities, transmission lines and" and substituting therefor the words, "sewerage, water and natural gas."
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On the adoption of the amendment, the ayes were 35, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 409. By Messrs. Bradley and Keever of Bartow:
A bill to amend an act creating a new charter for City of Cartersville, so as to give power to contract with other municipalities, to provide public utilities such as water, natural gas, etc.; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
Amend HB 409, section 3 thereof by striking the period at the end of section 74 of the charter of the City of Cartersville and sub stituting therefor a semi-colon and adding the following words "pro vided however, that no provision contained herein or right granted hereby shall apply to a utility furnishing communication service."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 480. By Messrs. Busbee and Odom of Dougherty:
A bill to amend the charter of the City of Albany, defining the corporate limits of said city; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
Amend HB 480 by striking the sentence on page 10 thereof which states:
"If less than a majority of the votes cast on such election are against approval of the act, it shall be void and of no force and effect."
and by inserting in lieu thereof the following sentence, to-wit:
"If less than a majority of the votes cast on such election
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507
are for approval of the act, it shall be void and of no force and effect."
On the adoption of the amendment, the ayes were 35, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 464. By Messrs. Keever and Bradley of Bartow:
A bill to amend an act to incorporate the Town of White in the County of Bartow; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
Amend the title of HB 464 (AM) by deleting from line 19 thereof, the following: "electric systems, and all other public utilities."
Amend the title of HB 464 (AM) by deleting from line 11 of page 2 thereof the following: "to provide water, electricity, gas and other public utilities" and inserting in lieu thereof the words, "to provide water and gas."
Amend Section 7 of HB 464 (AM) by deleting from lines 3 and 4 of section 19 (a) of the charter of the city of White the words "sewerage systems, electric systems and all other public utilities" and substituting in lieu thereof the words "and sewerage systems."
Amend section 7 of HB 464 (AM) by deleting from line 2 and 3 of section 19A (6) of the charter of the City of White the words "such as water, gas and electric" and substituting in lieu thereof the words "for water and gas."
Amend section 7 of HB 464 (AM) by deleting from line 3 of section 19A (e) of the charter of White the words "electric, gas, and other public utility" and substituting in lieu thereof the word "gas".
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 127. By Senator Ramsey of the 1st:
A bill to amend section 76-202 of the 1933 Official Code of Georgia, which related to the Breach of Peace Bond, by adding a proviso at
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the end of said section, to be applicable only in counties of a population of not less than 100,000 to 300,000. Said proviso being in addition to the remedies provided by law in said section; to repeal all laws and parts of laws in conflict with this amendment; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 232. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend an act pertaining to the governing authority of DeKalb County, etc.; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 279. By Messrs. Hall, Lowrey and Scoggin of Floyd:
A bill to provide for compensation of members of County Board of Education of Floyd County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 407. By Messrs. Bradley and Keever of Bartow:
A bill to amend an act creating a new charter for the City of Cartersville, so as to change the corporate limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 410. By Messrs. Bradley and Keever of Bartow:
A bill to amend an act creating a new charter for the City of Cartersville, so as to change the corporate limits of said city; and for other purposes.
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509
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 411. By Messrs. Bradley and Keever of Bartow: A bill incorporating the City of Emerson; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 412. By Messrs. Bradley and Keever of Bartow:
A bill to amend an act creating a new charter for the City of Cartersville, so as to change the corporate limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 413. By Messrs. Bradley and Keever of Bartow: A bill to amend an act incorporating the City of Adairsville, so as to extend and redefine the corporate limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 417. By Mr. Ingle of Gordon:
A bill to amend an act entitled "Gordon Treasurer's Office Abolished, and County Depositories Provided," to provide manner the funds of said county shall be deposited and disbursed; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
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The bill, having received the requisite constitutional majority, was passed.
HB 425. By Messrs. Ployd and Loggins of Chattooga:
A bill to consolidate the laws chartering the City of Summerville in the County of Chattooga; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 461. By Mr. Johnson of Butts:
A bill to amend the charter of the City of Jackson; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 468. By Mr. Dilworth of Franklin:
A bill to create a new charter for the City of Carnesville; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 471. By Messrs. Busbee and Odom of Dougherty:
A bill creating a new charter for the City of Albany, to provide that in elections all candidates be required to receive a majority of votes; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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511
HB 477. By Mr. Strickland of Evans:
A bill to create a charter for the City of Bellville; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 479. By Messrs. Busbee and Odom of Dougherty:
A bill to amend an act to create a new Charter for the City of Albany, to provide method of electing General Manager of the water, gas and light commission; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 482. By Messrs. McKenna, Phillips and Wilson of Bibb: A bill authorizing the City of Macon to close that portion of ten-foot alley known as New Street Lane; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 483. By Messrs. McKenna, Phillips and Wilson of Bibb: A bill incorporating the City of Macon, to lease a portion of City Park to Macon Boat Club, Inc., and for other purposes.
On the passage of the bill, the ayes were 35, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 484. By Messrs. Kidd and Chandler of Baldwin:
A bill creating a new charter for the City of Milledgeville, to provide procedure for returning property for taxation; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
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On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 488. By Messrs. Hodges and Parker of Ware:
A bill providing a new charter for the City of Waycross, to include in city limits "Wayne Hinson's Subdivision"; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 492. By Messrs. McClelland, Smith and Brooks of Fulton: A bill to amend the charter of the City of Atlanta, relating to salary of the members of Board of Education; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 497. By Messrs. Heed, Willingham and Holcombe of Cobb: A bill to amend an act to create a new charter for the City of Smyrna, relating to civil service for police and fire departments; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, Was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 505. By Messrs. Hall, Scoggin and Lowrey of Floyd: A bill to amend an act to provide regular meetings of Commissioners of Roads and Revenue of Floyd County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, Was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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513
HB 506. By Messrs. Seoggin, Lowrey and Hall of Floyd:
A bill to amend an act to abolish the fee system and prescribe salaries for the office of Clerk of Superior Court, Clerk of City Court, and Sheriff of Floyd County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, Was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 509. By Messrs. Hall, Seoggin and Lowrey of Floyd:
A bill to empower Floyd County to construct and/or maintain the territory outside limits of incorporated municipalities, system of water works, sewerage, etc.; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, Was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 510. By Mr. Bagby of Paulding: A bill to amend an act creating office of Tax Commissioner of Paulding County, to increase funds for clerical help; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 511. By Mr. Bagby of Paulding: A bill to provide the Ordinary of Paulding County allowance up to one hundred dollars per month for clerical help; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 515. By Messrs. Keever and Bradley of Bartow: A bill to provide that counties having a population not less than 27,200 nor more than 27,600 establish and maintain a law library, etc.; and for other purposes.
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The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House to wit:
HB 116. By Mr. Wilson of Bibb:
A bill to be entitled an act to adopt the Uniform Foreign Depositions Act; to prescribe the procedure for taking depositions in this State with respect to proceedings pending in other states; and for other purposes.
HB 395. By Messrs. Bagby of Paulding, Keever of Bartow, and others:
A bill to be entitled an act to amend an act providing for retirement benefits for the Ordinaries; and for other purposes.
HB 420. By Mr. Summers of Crisp:
A bill to be entitled an act to provide for the licensing and bonding of truck brokers in agricultural products; to provide for enforcement of contracts entered into by truck brokers; and for other purposes.
HB 491. By Messrs. Lanier of Candler and Ray of Warren:
A bill to be entitled an act relating to powers and duties of State Board of Health; and for other purposes.
HB 489. By Messrs. Lanier of Candler and Ray of Warren:
A bill to be entitled an act relating to powers and duties of County Boards of Health, to provide for right of administrative hearing by County Board of Health; and for other purposes.
HB 548. By Mr. Bagby of Paulding:
A bill to be entitled an act to amend an act relating to eligibility and qualifications for holding public office, so as to change one provision thereof; and for other purposes.
HR 173. By Messrs. Paris of Barrow, Odom of Dougherty, and others:
A resolution to compensate the Savannah Real Estate Board, Inc.; and for other purposes.
WEDNESDAY, FEBRUARY 18, 1959
515
HB 209. By Messrs. Lanier of Candler, McKenna of Bibb, and others:
A bill to be entitled an act to provide that it shall be unlawful for any person to use any persuader in the loading or handling of livestock other than an electric prod or canvas flap; and for other purposes.
HB 63. By Mr. Story of Gwinnett:
A bill to be entitled an act to amend an act relating to the sale of fireworks, as amended, so as to limit the sale of fireworks for agri cultural purposes except upon permit; and for other purposes.
HR 167. By Mr. McKemie of Clay:
A resolution proposing an amendment to the Constitution so as to pro vide for the establishment, acquiring, constructing, improving and operating municipal port and terminal facilities in the City of Port Gaines and Clay County; and for other purposes.
HR 26. By Mr. Green of Laurens: A resolution to compensate Mrs. Earl Hilburn; and for other purposes.
HR 56. By Messrs. McKenna and Wilson of Bibb: A resolution authorizing compensation to A. W. Tidwell; and for other purposes.
HR 147. By Mr. NeSmith of Meriwether:
A resolution authorizing the conveyance of certain property presently being used by the Department of Public Safety and located in Meri wether County; and for other purposes.
HR 85. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A resolution confirming and approving reciprocal agreements entered into by the Georgia Public Service Commission as provided in Sections 68-1003 and 68-1004 of the Code of Georgia 1933, as amended.
HR 198. By Messrs. Andrews and Williams of Hall:
A resolution authorizing and directing the State Librarian to furnish certain law books to the Superior Court of Hall County; and for other purposes.
HB 118. By Mr. Trotter of Troup:
A bill to be entitled an act to amend an act relating to wills and administration of estates, so as to replace the word "revoked" in Section 113-409; and for other purposes.
HB 372. By Mr. Bolton of Spalding:
A bill to be entitled an act to amend an act effecting a complete revision of the laws of this State relating to qualification and registration of voters, to clarify provisions relating to cancellation of registration of
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electors who have not voted within a certain period of time; and for other purposes.
HE 79. By Mr. Steis of Harris:
A resolution to relieve T. G. Harmon the security on an Appearance Bond; and for other purposes.
The following bills and resolutions were introduced, read the first time and referred to committees:
HB 63. By Mr. Story of Gwinnett:
A bill to amend an act relating to the sale of fireworks, as amended, so as to limit the sale of fireworks for agricultural purposes except upon permit; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 116. By Mr. Wilson of Bibb:
A bill to adopt the Uniform Foreign Depositions Act; to prescribe the procedure for taking depositions in this State with respect to pro ceedings pending in other states; and for other purposes.
Refered to Committee on Judiciary.
HB 118. By Mr. Trotter of Troup:
A bill to amend an act relating to wills and administration of estates; so as to replace the word "revoked" in section 113-409; and for other purposes.
Referred to Committee on Judiciary.
HB 209. By Messrs. Lanier of Candler, McKenna of Bibb and others:
A bill to provide that it shall be unlawful for any person to use any persuader in the loading or handling of livestock other than an electric prod or canvas flap; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 372. By Mr. Bolton of Spalding:
A bill to amend an act effecting a complete revision of the laws of this State relating to qualification and registration of voters, to clarify provisions relating to cancellation of registration of electors who have not voted within a certain period of time; and for other purposes.
Referred to Committee on Judiciary.
HR 79. By Mr. Steis of Harris:
A resolution to relieve T. G. Harmon the security on an Appearance Bond; and for other purposes.
Referred to Committee on Judiciary.
WEDNESDAY, FEBRUARY 18, 1959
517
HR 85. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A resolution confirming and approving reciprocal agreements entered into by the Georgia Public Service Commission as provided in sections 68-1003 and 68-1004 of the Code of Georgia 1933, as amended.
Referred to Committee on Rules.
HR 147. By Mr. NeSmith of Meriwether:
A resolution authorizing the conveyance of certain property presently being used by the Department of Public Safety and located in Meri wether County; and for other purposes.
Referred to Committee on Rules.
HR 167. By Mr. McKemie of Clay:
A resolution proposing an amendment to the Constitution so as to provide for the establishment, acquiring, constructing, improving and operating municipal port and terminal facilities in the City of Fort Gaines and Clay County; and for other purposes.
Referred to Committee on Rules.
HR 173. By Messrs. Paris of Barrow, Odom of Dougherty and others:
A resolution to compensate the Savannah Real Estate Board, Inc.; and for other purposes. Referred to Committee on Appropriations.
HR 198. By Messrs. Andrews and Williams of Hall:
A resolution authorizing and directing the State Librarian to furnish certain law books to the Superior Court of Hall County; and for other purposes.
Referred to Committee on Judiciary.
HB 395. By Messrs. Bagby of Paulding, Keever of Bartow and others:
A bill to amend an act providing for retirement benefits for the Ordi naries; and for other purposes.
Referred to Committee on Judiciary.
HB 420. By Mr. Summers of Crisp:
A bill to provide for the licensing and bonding of truck brokers in agricultural products; to provide for enforcement of contracts entered into by truck brokers; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 489. By Messrs. Lanier of Candler and Ray of Warren:
A bill relating to powers and duties of County Boards of Health, to provide for right of administrative hearing by County Board of Health; and for other purposes.
Referred to Committee on Health and Welfare.
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HB 491. By Messrs. Lanier of Candler and Ray of Warren:
A bill relating to powers and duties of State Board of Health; and for other purposes.
Referred to Committee on Health and Welfare.
HB 548. By Mr. Bagby of Paulding:
A bill to amend an act relating to eligibility and qualifications for holding public office, so as to change one provision thereof; and for other purposes.
Referred to Committee on Judiciary.
HR 26. By Mr. Green of Laurens: A resolution to compensate Mrs. Earl Hilburn; and for other purposes.
Referred to Committee on Appropriations.
HR 56. By Messrs. McKenna and Wilson of Bibb:
A resolution authorizing compensation to A. W. Tidwell; and for other purposes.
Referred to Committee on Appropriations.
The following bill was taken up for the purpose of considering a report of a Conference Committee thereon:
HB 98. By Messrs. Murphy of Haralson, Tamplin of Morgan, Hall, Scoggin and Lowrey of Floyd:
A bill to amend an act relating to free tuition to the common schools, so as to provide that children who will be six years of age on or before the last day of December of any year shall be entitled to enter school at the beginning of the school year which begins in the same calendar year of their sixth birthday; and for other purposes.
The report of the Conference Committee was as follows:
Your Committee on conference appointed on HB 98 has met and drawn the following Substitute for HB 98. We recommend that the attached Substitute for HB 98 be adopted and that same do pass by Substitute.
On the Part of the House:
McKenna of Bibb Scoggin of Floyd Murphy of Haralson
On the Part of the Senate:
Jernigan of 5th Marshburn of 33rd Mercer of 49th
WEDNESDAY, FEBRUARY 18, 1959
519
AN ACT
To amend Code Section 32-937, relating to free tuition to the com mon schools, as amended by an Act approved March 9, 1945, (Ga. Laws 1945, p. 397), so as to provide certain ages, dates and conditions under which a child shall be entitled to enter the common school at the be ginning of the school year which begins in the same calendar year of their sixth birthday; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 32-937, relating to free tuition to the common schools, as amended by an Act approved March 9, 1945 (Ga. Laws 1945, p. 397), is hereby amended by adding after the first sentence, the following to read as follows:
"Any child who will be six years of age on or before the 15th day of November of any year shall be entitled to enter school at the beginning of the school year which begins in the same calendar year of their sixth birthday; any child who will be six years of age between November 15th and on or before the last day of December of any year shall be entitled to enter school at the beginning of the school year which commences in the same calen dar year of their sixth birthday provided such child has previously attended an approved kindergarten for at least the term of said kindergarten; any child who will be six years of age between November 15th and on or before the last day of December of any year and shall not have attended an approved kindergarten for at least the term of said kindergarten shall be entitled to enter school at the beginning of the school year which commences in the same calendar year of their sixth birthday, unless the State Department of Education promulgates fitness tests to determine the eligibility of said child to enter school, in which event the said Department upon application of such child's parent or guardian shall make such test available to such child in the county of its residence not less than 15 days nor more than 40 days prior to the beginning of the school year, and said child shall fail to pass said test. The State Department of Education is hereby authorized to adopt rules and regulations to carry this provision into effect."
so that when so amended, Code Section 32-937 shall read as follows:
"32-937. Admission to all common schools shall be gratuitous to all children between the ages of six and 18 years residing in the districts in which the schools are located. Any child who will be six years of age on or before the 15th day of November of any year shall be entitled to enter school at the beginning of the school year which begins in the same calendar year of their sixth birthday; any child who will be six years of age between November 15th and on or before the last day of December of any year shall be entitled to enter school at the beginning of the school year which commences in the same calendar year of their sixth birthday provided such child has previously attended an approved kinder garten for at least the term of said kindergarten; any child who will be six years of age between November 15th and on or before
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JOURNAL OP THE SENATE,
the last day of December of any year and shall not have attended an approved kindergarten for at least the term of said kinder garten shall be entitled to enter school at the beginning of the school year which commences in the same calendar year of their sixth birthday, unless the State Department of Education pro mulgates fitness tests to determine the eligibility of said child to enter school, in which event the said Department upon appli cation of such child's parent or guardian shall make such test available to such child in the county of its residence not less than 15 days nor more than 40 days prior to the beginning of the school year, and said child shall fail to pass said test. The State Department of Education is hereby authorized to adopt rules and regulations to carry this provision into effect. Colored and white children shall not attend the same schools; and no teacher re ceiving or teaching white and colored pupils in the same schools shall be allowed any compensation out of the common school fund. Honorably discharged veterans of World War II may attend the common schools of this State, regardless of age, under rules and regulations promulgated by the State Board of Education. The State Board of Education is authorized to require the payment of fees for tuition or to provide the facilities free of charge, if, in its judgment, it is more conducive to the welfare of the State and the veterans desiring to attend the common schools of this State."
SECTION 2.
All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Culpepper of the 7th moved that the Senate adopt the report of the Conference Committee.
On the motion, the ayes were 38, nays 2, and the report of the Conference Committee was adopted.
The following general bills and resolutions, favorably reported by the committees, were read the third time and put upon their passage:
HB 21. By Messrs. Lanier of Candler, Parker of Appling and others:
A bill to amend an act providing for the regulation of sale of livestock at auction, to change bonding requirements; and for other purposes.
The Committee on Agriculture and Natural Resources offered the following amendment:
Amend HB 21 by inserting in Section 1 thereof at the end of the first sentence of the quoted Section 2 the words "or in an amount of fifty thousand dollars ($50,000.00), whichever amount shall be lesser".
By inserting in Section 2 thereof at the end of the first sentence of the quoted Section 3 therein the words "or in an amount of fifty thousand dollars ($50,000.00), whichever amount shall be lesser."
On the adoption of the amendment, the ayes were 41, nays 0, and the amendment was adopted.
WEDNESDAY, FEBRUARY 18, 1959
521
Senator Greer of the 6th offered the following amendment:
Amend HB 21 so as to strike section 2 in its entirety and appro priately renumber all sections.
On the adoption of the amendment, the ayes were 38, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The following bill was taken up for the purpose of considering a House amendment to a Senate amendment thereto:
HB 364. By Messrs. Ray of Warren, Smith of Emanuel and others:
A bill to create a Georgia Industrial Development Administration; to provide appointment and qualifications for members of the admin istration; and for other purposes.
The House amendment to the Senate amendment was as follows:
Mr. Ray of Warren moves to amend the Senate amendment to HB 364 by adding after the words "Comptroler General" the words "and the State Treasurer".
Senator Sanders of the 18th moved that the Senate agree to the House amendment to the Senate amendment to HB 364.
On the motion, the ayes were 40, nays 0, and the House amendment to the Senate amendment was agreed to.
HR 31. By Mr. Brackin of Seminole:
A resolution to compensate Seminole County (State Parks Dept.); and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution, involving an appropriation, a roll call was ordered and the vote was as follows:
Those voting in the affirmative were Senators:
Adams Barrett, 32nd Barrett, 45th Brooks
Brown Buff Cannon Carlisle
Clary Crowe Doster Drew
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JOURNAL OF THE SENATE,
Gearreld Greer Hays Holt Holton Home Kennedy Kiker Land Lanier Lindsey of llth
Livingston Marshall Marshburn Mercer Mobley Nixon Perry Purcell Ramsey Roach Roper
Sanders Screws Shaw Skelton Slade Smith Vaughn Watson Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 43, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 36. By Messrs. Kidd and Chandler of Baldwin: A resolution to compensate J. L. Newsome; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution involving an appropriation, a roll call was ordered and the vote was as follows:
Those voting in the affirmative were Senators:
Adams Barrett, 32nd Barrett, 45th Brooks Brown Buff Cannon Carlisle Clary Crowe Doster Drew Gearreld Greer Hays
Holt Holton Home Kennedy Kiker Land Lanier Lindsey of llth Livingston Marshall Marshburn Mercer Mobley Nixon Perry
Purcell Ramsey Roach Roper Sanders Screws Shaw Skelton Slade Smith Vaughn Watson Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 43, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
WEDNESDAY, FEBRUARY 18, 1959
523
HR 38. By Messrs. Payton and Blalock of Coweta:
A resolution to compensate Wilbur F. Powers of Newnan, Georgia; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Senators:
Adams Barrett, 32nd Barrett, 45th Breedlove Brooks Brown Buff Cannon Carlisle
Clary Crowe Doster Drew Gearreld
Greer
Hays Holt Holton Home Kennedy Kiker Land Lanier Lindsey of llth Livingston Marshall
Marshburn Mercer Mobley Nixon
Perry Purcell Ramsey Roach Roper Sanders Screws Shaw Skelton Slade Smith Vaughn Watson Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 43, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 47. By Mr. Phillips of Walton:
A resolution to compensate Mr. W. Guy Pannell for damages to his crops caused by chemicals sprayed on adjoining land; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution involving an appropriation, a roll call was ordered and the vote was as follows:
Those voting in the affirmative were Senators:
Adams Barrett, 32nd Barrett, 45th Brooks Brown
Buff Cannon Carlisle Clary Crowe
Doster Drew Gearreld Greer Hays
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JOURNAL OF THE SENATE,
Holt Holton Home Kennedy Kiker Land Lanier Lindsey of llth Livingston Marshall
Marshburn Mercer Mobley Nixon Perry Purcell
Ramsey Roach Roper Sanders
Screws Shaw Skelton Slade Smith
Vaughn Watson Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 43, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 48. By Mr. Phillips of Walton:
A resolution to compensate Mr. W. Guy Pannell for damages to crops caused by spraying adjoining land; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution, involving an appropriation, a roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Senators:
Adams Barrett of 32nd Barrett of 45th Brooks Brown Buff Cannon Carlisle Clary Crowe Doster Drew Gearreld Greer Hays
Holt Holton Home Kennedy Kiker Land Lanier Lindsey of llth Livingston Marshall Marshburn Mercer Mobley Nixon Perry
Purcell Ramsey Roach Roper Sanders Screws Shaw Skelton Slade Smith Vaughn Watson Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 43, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
WEDNESDAY, FEBRUARY 18, 1959
525
HR 66. By Mr. Strickland of Evans: A resolution to compensate Tommie T. Rogers; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution, involving an appropriation, a roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Senators:
Adams Barrett of 32nd Barrett of 45th Brooks Brown Buff Cannon Carlisle Clary Crowe Doster Drew Gearreld Greer Hays
Holt Holton Home Kennedy Kiker Land Lanier Lindsey of llth Livings ton Marshall Marshburn Mercer Mobley Nixon Perry
Purcell Ramsey Roach Roper Sanders Screws Shaw Skelton Slade Smith Vaughn Watson Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 43, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 67. By Mr. Strickland of Evans:
A resolution to compensate Mr. Albert Parker (Department of Public Safety); and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Senators:
Adams Barrett of 32nd Barrett of 45th Brooks Brown Buff Cannon
Carlisle Clary Crowe Doster Drew Gearreld Greer
Hays Holt Holton Home Kennedy Kiker Land
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JOURNAL OF THE SENATE,
Lanier Lindsey of llth Livingston
Marshall Marshburn Mercer Mobley Nixon
Perry Purcell Ramsey
Roach Roper Sanders Screws Shaw
Skelton Slade Smith Vaughn Watson Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 43, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 115. By Messrs. Andrews of Hall and Williams of Hall:
A resolution to compensate Wilma Hulsey Dorsey; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution involving an appropriation, a roll call was ordered and the vote was as follows:
Those voting in the affirmative were Senators:
Adams Barrett of 32nd Barrett of 45th Brooks Brown Buff Cannon Carlisle Clary Crowe Doster Drew Gearreld Greer Hays
Holt Holton Home Kennedy Kiker Land Lanier Lindsey of llth Livingston Marshall Marshburn Mercer Mobley Nixon Perry
Purcell Eamsey Roach Roper Sanders Screws Shaw Skelton Slade Smith Vaughn Watson Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 43, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
WEDNESDAY, FEBRUARY 18, 1959
527
HB 246. By Mr. Murphy of Haralson:
A bill to amend Code Chapter 91-8 pertaining to general provisions on inventory and sale of public property; and for other purposes.
The Committee on Government Operations offered the following amendment:
Amend HB 246 by inserting in the second line of the Code Section to be known as 91-804A in line 2 thereof between the word "any" and the word "property" the word "real".
On the adoption of the amendment, the ayes were 41, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 92. By Mr. Musgrove of Clinch:
A bill to amend an act creating State Board of Registration for Foresters, prohibiting use of title "registered forester" except under certain circumstances; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 110. By Messrs. Fowler of Douglas and Lanier of Candler:
A bill to amend an act relating to meat, poultry and dairy processing plants, to authorize the Commissioner to adopt rules to maintain adequate inspection program; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 215. By Mr. Hall of Floyd:
A bill to amend an act creating a Teachers' Retirement System, to define service breaks relative to computing creditable service; and for other purposes.
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JOURNAL OF THE SENATE,
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 261. By Messrs. Trotter of Troup, Jones of Crawford, Cocke of Terrell and many others:
A bill to amend an act creating the Peace Officers' Annuity and Benefit Fund, approved Feb. 1, 1950 (Ga. Laws I960, p. 50) so as to clarify and provide for staggered terms for members of the board from the association; to provide for investments in the name of the fund and suits thereon; to clarify the provisions relating to disability; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 31. By Messrs. Kidd and Chandler of Baldwin:
A bill to amend Code Section 35-204 relating to persons who may be maintained free at Milledgeville State Hospital, etc.; and for other purposes.
Senator Sanders of the 18th offered the following amendment:
Amend HB 31 by striking of the caption of said bill the following language appearing on line 7 of the caption, to wit: "or any person owing a duty of support".
HB 31 is further amended by striking from Section 6 of the bill the first sentence which contains the following language, to wit: "it shall be the duty of the superintendents in making the determinations provided for in Sections 3, 4, and 5 of this act to determine whether any person owes a duty of support to any person in such institution".
On the adoption of the amendment, the ayes were 33, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
WEDNESDAY, FEBRUARY 18, 1959
529
HB 385. By Messrs. Musgrove of Clinch and Parker of Appling:
A bill to amend an act consolidating the laws relating to the State Game and Fish Commission, to change the non-resident fishing licenses; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 357. By Messrs. Melton of Spalding and Cheek of Taylor:
A bill to amend an act approved Feb. 21, 1951, (Ga. Laws 1951, p. 516, et seq.), as amended, and known as the Vocational Rehabilitation Act, so as to change the provision relating to subrogation by the State Board of Vocational Education; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 363. By Mr. Shuman of Bryan:
A bill to amend an act revising and consolidating laws relating to the State Game and Fish Commission; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Ramsey of the 1st District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bills and/or resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for trans mission to the Governor:
SB 29.
Respectfully submitted,
Ramsey of the 1st District,
Chairman.
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JOURNAL OF THE SENATE,
Senator Ramsey of the 1st District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President: Your Committee on Senate Administrative Affairs has read and examined
the following bills and/or resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for trans mission to the House:
SB 127.
SR 45.
SR 48.
SR 52.
SR 53.
Respectfully submitted,
Ramsey of the 1st District,
Chairman.
HR 171. By Messrs. Milhollin and Williams of Coffee:
A resolution authorizing the conveyance of certain property in Coffee County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 389. By Messrs. Brooks of Fulton, Andrews of Hall, Cheatham of Chatham and others:
A bill to repeal an act relating to the first grant of a new trial; to require the judge to state the ground or grounds for granting said new trial; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 112. By Messrs. Smith of Lamar, Hall of Floyd, Carswell of Burke and others:
A resolution ratifying and authorizing the payment of certain expenses of the Insurance Laws Revision Committee; and for other purposes.
WEDNESDAY, FEBRUARY 18, 1959
531
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Sanders of the 18th moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.
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JOURNAL OF THE SENATE,
Senate Chamber, Atlanta, Georgia, Thursday, February 19, 1959.
The Senate met pursuant to adjournment at 10:00 o'clock this morning and was called to order by the president.
Scripture reading and prayer was offered by Rev. Charles Hillis, pastor Methodist Church, Reynolds, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Senator Clary of the 29th reported that the journal of yesterday's pro ceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with and the journal was confirmed.
Senator Sanders of the 18th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.
The consent was granted.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and Resolutions of the House and Senate to-wit:
SB 50. By Senator Brown of 52nd:
A bill to be entitled an act to amend an act providing for use of voting machines; so as to provide that they shall remain locked and sealed for a period of at least 15 days under certain conditions; and for other purposes.
SB 67. By Senator Brown of 52nd:
A bill to be entitled an act authorizing the Judges of Superior Courts in counties of 300,000 or more to continue Grand Juries beyond the term of any court for which they were originally impanelled; and for other purposes.
THURSDAY, FEBRUARY 19, 1959
533
SB 68. By Senator Clary of 29th:
A bill to be entitled an act to amend the act incorporating the Town of Thomson so as to increase the corporate limits of said town; and for other purposes.
SB 70. By Senator Clary of 29th:
A bill to be entitled an act to change the compensation of the Sheriff, Ordinary, Clerk of the Superior Court, Tax Collector, Tax Receiver, Coroner and County Surveyor of McDuffie County from fee system to salary system; and for other purposes.
SB 105. By Senator Marshburn of 33rd:
A bill to be entitled an act to amend an act incorporating the town of Homer, so as to increase the corporate limits of said town; to repeal conflicting laws; and for other purposes.
SB 115. By Senator Mercer of 49th:
A bill to be entitled an act to amend the charter of the City of Metier, Georgia, and the several acts amendatory thereof providing for a change in the Clerk's salary; and for other purposes.
SB 116. By Senator Edenfield of 16th:
A bill to be entitled an act to amend an act incorporating the City of Twin City in Emanuel County, to change the number of wards; describe territorial wards; provide election and duties of Mayor; provide referen dum; and for other purposes.
SB 117. By Senator Lindsey of 53rd:
A bill to be entitled an act creating a Board of Commissioners of Roads and Revenues for Cook County, so as to increase the compensation of the members of said Board; and for other purposes.
SB 119. By Senator Perry of 24th:
A bill to be entitled an act to amend an act creating a new charter for the Town of Beuna Vista, so as to change the requirements for a quorum of the City Council; to lengthen the term of the Mayor of said City; to provide for the hours for elections in said City; and for other purposes.
SB 120. By Senator Buff of 44th:
A bill to be entitled an act to amend an act incorporating the town of Ringgold, as amended, so as to enlarge the corporate limits of the town of Ringgold; to repeal all conflicting laws; and for other purposes.
SB 121. By Senator Buff of 44th:
A bill to be entitled an act to amend the act creating a charter for the Town of Ringgold so as to provide for the hours of elections in said town; and for other purposes.
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JOURNAL OF THE SENATE,
SB 122. By Senator Buff of 44th:
A bill to be entitled an act to amend an act incorporating the town of Port Oglethorpe, so as to enlarge the corporate limits of the town; to repeal conflicting laws; and for other purposes.
The House has adopted the following resolutions of the House and Senate:
SR 47. By Senator Lindsey of llth:
A resolution that the Senate endorse a proposal to establish a "Hall of Flags" in the Capitol Building and requesting Governor Ernest Vandiver to appoint a committee to work out details and report its recommendations to the 1960 session of the General Assembly.
SR 50. By Senator Brown of 52nd: A resolution relative to James W. Woodruff; and for other purposes.
HE 52. By Mr. Bolton of Spalding: A resolution creating a joint committee to study methods of financing additional services; and for other purposes.
HR 131. By Messrs. Caldwell of Upson, Hollis of Muscogee and Bolton of Spalding: A resolution creating a committee to study HB 111; and for other purposes.
HR 159. By Messrs. Parker and Hodges of Ware, Matthews of Clarke and Busbee of Dougherty: A resolution creating the Juvenile Detention Homes Committee; and for other purposes.
HR 191. By Mr. Smith of Emanuel: A resolution to create a Fertilizer Study Committee; and for other purposes.
HR 195. By Messrs. Odom of Camden and Bagby of Paulding: A resolution to create a committee to study the compensation of the members of the General Assembly; and for other purposes.
HR 236. By Messrs. Jones of Union, Barrett of Cherokee, and others:
A resolution commending the Order of DeMolay; and for other purposes.
The House has passed as amended by the requisite constitutional majority the following bills and resolutions of the Senate to wit:
SB 87. By Senator Sanders of the 18th: A bill to create a Crime Investigating Commission to investigate the extent of crime and organized crime existing in Georgia; and for other purposes.
THURSDAY, FEBRUARY 19, 1959
535
SB 123. By Senator Buff of the 44th: A bill to create the Board of Commissioners of Roads and Revenues for the County of Catoosa; and for other purposes.
The House has agreed to the Senate amendment to the House amendment to the following bill of the Senate, to-wit:
SB 106. By Senator Brown of the 52nd: A bill to amend the act providing for the retirement of Judges and Solicitor General of Fulton County Civil & Criminal Court; and for other purposes.
The House has agreed to the Senate amendments to the following bills of the House, to-wit:
HB 182. By Messrs. Mackay, McWhorter and Rutland of DeKalb: A bill to amend an act creating a new charter for the City of Chamblee; and for other purposes.
HB 373. By Mr. NeSmith of Meriwether: A bill to amend the Charter of the City of Manchester; and for other purposes.
HB 401. By Messrs. Keever and Bradley of Bartow, Ingle of Gordon and others: A bill to provide for the terms of the Superior Courts in the counties of the Cherokee Judicial Circuit; and for other purposes.
HB 408. By Messrs. Bradley and Keever of Bartow: A bill to amend an act incorporating the Town of Adairsville; and for other purposes.
HB 409. By Messrs. Bradley and Keever of Bartow: A bill to amend an act creating a new Charter for the City of Cartersville; and for other purposes.
HB 448. By Mr. Busbee of Dougherty:
A bill to amend an act to create a new charter for the City of Albany; and for other purposes.
HB 464. By Messrs. Keever and Bradley of Bartow:
A bill to amend an act to incorporate the Town of White in the County of Bartow; and for other purposes.
HB 465. By Messrs. Keever and Bradley of Bartow:
A bill to consolidate all laws chartering the Town of Kingston; and for other purposes.
536
JOURNAL OF THE SENATE,
HB 466. By Messrs. Keever and Bradley of Bartow:
A bill to amend an act incorporating the Town of Emerson; and for other purposes.
HB 480. By Messrs. Busbee and Odom of Dougherty:
A bill to amend the charter of the City of Albany, defining the corporate limits of said City; and for other purposes.
HB 498. By Messrs. Smith, Brooks, and McClelland of Fulton:
A bill to amend an act to provide for partial pensions benefits for persons employed in public school system in cities having a certain population; and for other purposes.
HB 499. By Messrs. Smith, Brooks and McClelland of Fulton:
A bill to amend an act to provide Fulton County a system of pension and retirement pay to teachers and employees of the Board of Edu cation; and for other purposes.
The following resolutions were read and adopted:
HR 53. By Mr. Fowler of Douglas:
A resolution memorializing Congress to adjust certain inequities in retirement pay for members of the Armed Services.
HR 61. By Mr. Sheffield of Brooks:
A resolution relative to the Georgia Congressional Delegation and their stand in opposition to Federal aid to education; and for other purposes.
HR 194. By Messrs. Brooks, McClelland and Smith of Fulton:
A resolution to commend the Atlanta and West Point Railroad and the Georgia Railroad for donation of two steam locomotives to the Cities of Augusta and Atlanta, respectively; and for other purposes.
HR 206. By Messrs. Killian of Glynn and Gowen of Glynn:
A resolution relative to the toll charges for the Sidney Lanier Bridge to Glynn County; and for other purposes.
HR 226. By Messrs. Keever and Bradley of Bartow and Kelly of Jasper:
A resolution commending conscientious, honest and loyal State em ployees; and for other purposes.
HR 228. By Messrs. NeSmith and Hill of Meriwether:
A resolution extending good wishes of continued success to the Directors and Stockholders of Southern Land, Timber and Pulp Corporation.
THURSDAY, FEBRUARY 19, 1959
537
HR 229. By Messrs. Ployd of Chattooga, Magoon of Hart and Ingle of Gordon:
A resolution to commend the officers and members of the Georgia State Guard Association.
HR 230. By Messrs. Twitty of Mitchell, Cox of Clarke and Moore of Lumpkin:
A resolution commending the citizens of Lumpkin County for their contribution of gold for the Capitol Dome.
HR 231. By Mr. Smith of Emanuel:
A resolution commending Honorable Eugene Cook, the Attorney General, and the personnel of the Bill Drafting Unit; and for other purposes.
HR 232. By Mr. Smith of Emanuel: A resolution commending Honorable Joe Burton; and for other purposes.
HR 233. By Messrs. Brooks and McClelland of Pulton and Smith of Emanuel:
A resolution to proclaim a certain day each and every year as Golf Day in memory of Mr. Bert Prather; and for other purposes.
HR 236. By Messrs. Jones of Union, Barrett of Cherokee, McCown of Polk, Horton of Polk and others:
A resolution commending the Order of DeMolay; and for other purposes.
The following resolutions were read the first time and referred to com mittees :
HR 52. By Mr. Bolton of Spalding:
A resolution creating a joint commission to study methods of financing additional services; and for other purposes.
Referred to Committee on Rules.
HR 131. By Messrs. Caldwell of Upson, Hollis of Muscogee and Bolton of Spalding:
A resolution creating a committee to study HB 111; and for other purposes.
Referred to Committee on Rules.
HR 159. By Messrs. Parker and Hodges of Ware, Matthews of Clarke and Burke of Dougherty:
A resolution creating the Juvenile Delinquency Homes Committee; and for other purposes.
Referred to Committee on Rules.
538
JOURNAL OF THE SENATE,
HR 191. By Mr. Smith of Emanuel:
A resolution to create a Fertilizer Study Committee; and for other purposes.
Referred to Committee on Rules.
HR 195. By Messrs. Odom of Camden and Bagby of Paulding:
A resolution to create a committee to study the compensation of the members of the General Assembly; and for other purposes.
Referred to Committee on Rules.
The following bills and resolutions were read the second time:
HB 181. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to create and establish for the County of DeKalb a court to be known as the Recorder's Court of DeKalb County; and for other purposes.
HB 192. By Mr. Smith of Fulton:
A bill declaring it to be an offense for any person to be in possession of and have upon his person any Motor Vehicle Driver's License other than his own or to apply for and obtain any license in any name other than applicant's true and lawful name.
HB 193. By Messrs. Parker and Hodges of Ware and others:
A bill to amend an act relating to depositions and interrogatories; and for other purposes.
HB 282. By Messrs. Ingle of Gordon, Killian of Glynn and others:
A bill to provide for the compensation of certain State officials and employees; and for other purposes.
HB 315. By Messrs. Brooks of Fulton, Andrews of Hall and others:
A bill to provide that counsel shall have unlimited latitude in arguing certain things to juries in certain cases; and for other purposes.
HB 351. By Mr. Trotter of Troup: A bill to amend an act providing for the giving of security by owners and operators of motor vehicles; and for other purposes.
HB 352. By Mr. Trotter of Troup: A bill to amend an act providing for the giving of security by owners and operators of motor vehicles, dealing with who may give bond as proof of financial responsibility; and for other purposes.
HB 431. By Messrs. McClelland, Brooks and Smith of Fulton: A bill to amend an act creating a system of retirement benefits for
THURSDAY, FEBRUARY 19, 1959
539
judges and others, to fix time in which to qualify to participate in said fund; and for other purposes.
HB 475. By Messrs. Hollis, Dicus and Pickard of Muscogee and others:
A bill to amend the Juvenile Court Act in counties having a population of 150,000 or more but less than 300,000; and for other purposes.
HB 485. By Messrs. Kidd and Chandler of Baldwin:
A bill to amend an act making provision for coverage of certain officers and employees of political subdivisions of the State under the Old-Age and Survivors Insurance Act; and for other purposes.
HB 493. By Messrs. McClelland and Brooks of Fulton:
A bill to amend an act relative to admissions and communications ex cluded from consideration of public policy to provide that communi cations between Psychiatrist and Patient shall be privileged; and for other purposes.
HB 516. By Messrs. Brennan, Cheatham and McGee of Chatham:
A bill to amend an act providing for the compensation of the Ordinary of Chatham County; and for other purposes.
HB 517. By Mr. Watson of Houston:
A bill to amend an act creating and incorporating a new municipality in Houston County; to redefine the corporate limits; and for other purposes.
HB 518. By Mr. Blalock of Coweta:
A bill to amend an act incorporating the City of Senoia, so as to alter the procedure for returning and assessing property within the corporate limits of the city; and for other purposes.
HB 519. By Messrs. Brennan, Cheatham and McGee of Chatham:
A bill to amend an act creating the City Court of Savannah, relating to establishing minimum salary of Judge of the City Court of Savannah; and for other purposes.
HB 520. By Mr. Mann of Rockdale:
A bill to amend an act creating the office of Tax Commissioner of Rockdale County, so as to change the amount authorized for clerical help; and for other purposes.
HB 522. By Mr. Stuckey of Dodge:
A bill to amend an act creating a new charter for the City of Eastman, so as to define the corporate limits; and for other purposes.
HB 523. By Mr. Massee of Pulaski:
A bill to amend an act creating a new charter for the City of Hawkinsville, so as to change the corporate limits; and for other purposes.
540
JOURNAL OP THE SENATE,
HB 524. By Mr. Sheffield of Brooks:
A bill to amend an act creating the office of Tax Commissioner of Brooks County, so as to provide that it shall not be necessary for Tax Commissioner to make rounds for collecting taxes; and for other purposes.
HB 525. By Messrs. Cheatham, McGee and Brennan of Chatham:
A bill to amend the charter of the Town of Garden City, by permitting the use of voting machines in municipal elections; and for other purposes.
HB 526. By Messrs. Story and Morgan of Gwinnett:
A bill to amend an act creating a new charter for the City of Lawrenceville, by extending the corporate limits; and for other purposes.
HB 528. By Messrs. Cheatham, McGee and Brennan of Chatham:
A bill to amend an act creating and establishing the Municipal Court of Savannah; and for other purposes.
HB 530. By Messrs. Mackay, McWhorter and Rutland of DeKalb and Ballard of Newton:
A bill to abolish an act providing for special criminal bailiffs in counties having population of more than 20,000, to provide for assistants to Solicitor-General of Stone Mountain Circuit; and for other purposes.
HB 531. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend an act creating the Civil Court of DeKalb County, to provide for jurisdiction of said Court and costs in said court; and for other purposes.
HB 533. By Messrs. Ballard of Newton, Mackay, McWhorter and Rutland of DeKalb, and Mann of Rockdale:
A bill to amend an act placing Solicitor General of Stone Mountain Judicial Circuit on salary basis; to change provisions relative to com pensation of Solicitor General; and for other purposes.
HB 538. By Mr. Strickland of Evans:
A bill to amend an act establishing the City Court of Claxton; and for other purposes.
HB 539. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend an act relating to the compensation of members of County Board of Education in counties having population of not more than 140,000 and not less than 130,000; and for other purposes.
HB 540. By Mr. Love of Catoosa:
A bill to provide for a clerical assistant to the sheriff of Catoosa County; and for other purposes.
THURSDAY, FEBRUARY 19, 1959
541
HB 542. By Messrs. Newton and Matthews of Colquitt:
A bill to amend an act to create and establish a new charter for the City of Moultrie; and for other purposes.
HB 543. By Messrs. Newton and Matthews of Colquitt:
A bill to amend an act establishing a public school system for the City of Moultrie, so as to redefine the four wards into which the city is divided; and for other purposes.
HB 544. By Messrs. Brooks, McClelland and Smith of Fulton:
A bill to amend an act abolishing the fee system in Superior Court Atlanta Judicial Circuit, fixing compensation of solicitor-general, etc.; and for other purposes.
HB 546. By Messrs. Campbell and Coker of Walker:
A bill to amend the charter of the City of Rossville, Georgia, so as to change the corporate limits; and for other purposes.
HB 547. By Messrs. Campbell and Coker of Walker:
A bill to amend an act creating the office of Commissioner of Roads and Revenue for the County of Walker, so as to provide for due advertisement; and for other purposes.
HB 549. By Messrs. Smith, McClelland and Brooks of Fulton:
A bill to amend an act to provide in Fulton County a system for pension pay to teachers and employees of Board of Education, so as to provide additional pension benefits; and for other purposes.
HB 550. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to amend the charter of the Mayor and Aldermen of the City of Savannah relating to the Savannah Civil Service System; and for other purposes.
HB 551. By Messrs. Hodges and Parker of Ware:
A bill to amend an act providng a new charter for the City of Waycross to extend the city limits; and for other purposes.
HB 553. By Messrs. Willingham, Holcombe and Reed of Cobb and Fowler of Douglas:
A bill revising the several acts incorporating the Town of Austell; and for other purposes.
HB 554. By Messrs. Brooks and McClelland of Fulton:
A bill to authorize the governing authority of the several municipalities to enact zoning ordinances in certain counties; and for other purposes.
542
JOURNAL OF THE SENATE,
HB 555. By Messrs. McClelland and Brooks of Fulton:
A bill to limit the amount of ad valorem taxes and to provide for registration fees, licenses and business taxes in certain counties; and for other purposes.
HB 556. By Mr. Jones of Wayne:
A bill to prohibit the collection of fees for traffic arrests by the Sheriff of Wayne County; and for other purposes.
HB 557. By Messrs. McCown and Coalson of Polk:
A bill creating a new charter for the City of Cedartown; and for other purposes.
HB 558. By Messrs. Lee and Blalock of Clayton: A bill to incorporate the Town of Forest Park; and for other purposes.
HB 559. By Mr. Barrett of Cherokee: A bill to amend an act creating the office of Commissioner of Roads and Revenues for the County of Cherokee; and for other purposes.
HB 562. By Mr. Blalock of Clayton: A bill to provide a salary for the official court reporter of the Clayton Judicial Circuit in lieu of fees for criminal cases; and for other purposes.
HB 563. By Messrs. Story and Morgan of Gwinnett: A bill to incorporate the City of Dacula, in Gwinnett County; and for other purposes.
HB 564. By Messrs. Story and Morgan of Gwinnett: A bill to amend an act to create a board of county commissioners for Gwinnett County; and for other purposes.
HB 565. By Mr. Barber of Jackson: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Jackson County; and for other purposes.
HB 566. By Mr. Barber of Jackson: A bill to amend an act incorporating the City of Commerce, so as to change the corporate limits; and for other purposes.
HB 567. By Mr. Barber of Jackson: A bill incorporating the City of Commerce, so as to change the corporate limits; and for other purposes.
HB 569. By Mr. Ballard of Newton: A bill to amend an act creating a new charter for the City of Covington; and for other purposes.
THURSDAY, FEBRUARY 19, 1959
543
HB 570. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend the act of 1943 which act created a civil service board in Fulton County; and for other purposes.
HR 63. By Mr. Trotter of Troup: A resolution compensating Mrs. E. R. Aldredge; and for other purposes.
HR 84. By Mr. Rowland of Johnson:
A resolution to compensate Mr. Howard R. Johnson; and for other purposes.
HR 135. By Mr. Johnson of Butts:
A resolution authorizing the State Librarian to furnish certain law books to the Clerk of Superior Court of Butts County; and for other purposes.
HR 138. By Messrs. Pickard, Dicus and Hollis of Muscogee:
A resolution authorizing the Governor to convey certain real estate owned by the State in Muscogee County and used for military purposes to the City of Columbus; and for other purposes.
HR 148. By Messrs. Undercofler and Jones of Sumter:
A resolution authorizing the Governor of Georgia to act on behalf of the State to convey to Sumter County, Georgia, the described property in fee simple, in consideration of Sumter County, Georgia, conveying to the State of Georgia fee simple title to certain property.
HR 181. By Messrs. Gowen and Killian of Glynn:
A resolution authorizing the Governor to execute and deliver to the U. S. of America deed conveying right and privilege of depositing on a certain tract of marsh land any and all spoil and other matter ex cavated in the improvement and maintenance of Brunswick Harbor, Georgia; and for other purposes.
HB 63. By Mr. Story of Gwinnett:
A bill to amend an act relating to the sale of fireworks, as amended, so as to limit the sale of fireworks for agricultural purposes except upon permit; and for other purposes.
HB 116. By Mr. Wilson of Bibb:
A bill to adopt the Uniform Foreign Depositions Act; to prescribe the procedure for taking depositions in this State with respect to pro ceedings pending in other states; and for other purposes.
HB 118. By Mr. Trotter of Troup:
A bill to amend an act relating to wills and administration of estates, so as to replace the word "revoked" in section 113-409; and for other purposes.
544
JOURNAL OF THE SENATE,
KB 209. By Messrs. Lanier of Candler, McKenna of Bibb and others:
A bill to provide that it shall be unlawful for any person to use any persuader in the loading or handling of livestock other than an electric prod or canvas flap; and for other purposes.
HB 372. By Mr. Bolton of Spalding:
A bill to amend an act effecting a complete revision of the laws of this State relating to qualification and registration of voters, to clarify provisions relating to cancellation of registration of electors who have not voted within a certain period of time; and for other purposes.
HB 395. By Messrs. Bagby of Paulding, Keever of Bartow and others:
A bill to amend an act providing for retirement benefits for the Ordi naries; and for other purposes.
HB 420. By Mr. Summers of Crisp:
A bill to provide for the licensing and bonding of truck brokers in agricultural products; to provide for enforcement of contracts entered into by truck brokers; and for other purposes.
HB 489. By Messrs. Lanier of Candler and Ray of Warren:
A bill relating to powers and duties of County Boards of Health, to provide for right of administrative hearing by County Board of Health; and for other purposes.
HB 491. By Messrs. Lanier of Candler and Ray of Warren: A bill relating to powers and duties of State Board of Health; and for other purposes.
HB 548. By Mr. Bagby of Paulding: A bill to amend an act relating to eligibility and qualifications for holding public office, so as to change one provision thereof; and for other purposes.
HR 26. By Mr. Green of Laurens: A resolution to compensate Mrs. Earl Hilburn; and for other purposes.
HR 56. By Messrs. McKenna and Wilson of Bibb: A resolution authorizing compensation to A. W. Tidwell; and for other purposes.
HR 79. By Mr. Steis of Harris: A resolution to relieve T. G. Harmon the security on an Appearance Bond; and for other purposes.
HR 85. By Messrs. Twitty of Mitchell and Smith of Emanuel: A resolution confirming and approving reciprocal agreements entered
THURSDAY, FEBRUARY 19, 1959
545
into by the Georgia Public Service Commission as provided in sections 68-1003 and 68-1004 of the Code of Georgia 1933, as amended.
HR 147. By Mr. NeSmith of Meriwether:
A resolution authorizing the conveyance of certain property presently being used by the Department of Public Safety and located in Meri wether County; and for other purposes.
HR 167. By Mr. McKemie of Clay:
A resolution proposing an amendment to the Constitution so as to pro vide for the establishment, acquiring, constructing, improving and operating municipal port and terminal facilities in the City of Fort Gaines and Clay County; and for other purposes.
HR 173. By Messrs. Paris of Barrow, Odom of Dougherty and others:
A resolution to compensate the Savannah Real Estate Board, Inc.; and for other purposes.
HR 198. By Messrs. Andrews and Williams of Hall:
A resolution authorizing and directing the State Librarian to furnish certain law books to the Superior Court of Hall County; and for other purposes.
Senator Vaughn of the 34th District, Secretary of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following bills and resolutions of the Senate and House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
HB 282. Do Pass.
HB 239. Do Pass, as Amended.
HR 181. Do Pass.
HR 148. Do Pass.
Respectfully submitted,
Vaughn of 34th District,
Secretary.
Senator Brown of the 52nd District, Chairman of the Committee on County and Municipal Governments, submitted the following report:
Mr. President:
Your Committee on County and Municipal Governments has had under consideration the following bills and resolution of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 518. Do Pass.
546
JOURNAL OF THE SENATE,
HB 522. Do Pass. HB 523. Do Pass. HB 539. Do Pass. HB 557. Do Pass. HB 531. Do Pass. HB 181. Do Pass. HB 550. Do Pass. HB 519. Do Pass. HB 516. Do Pass. HB 528. Do Pass. HB 525. Do Pass. HB 569. Do Pass. HB 546. Do Pass. HB 547. Do Pass. HB 475. Do Pass. HB 526. Do Pass. HB 540. Do Pass. HB 570. Do Pass. HB 549. Do Pass. HB 544. Do Pass. HB 520. Do Pass. HB 517. Do Pass. HB 481. Do Pass. HB 542. Do Pass. HB 543. Do Pass. HB 562. Do Pass. HB 558. Do Pass. HR 135. Do Pass. HB 132. Do Pass, as Amended.
Respectfully submitted, Brown of 52nd District, Chairman.
THURSDAY, FEBRUARY 19, 1959
547
Senator Carlisle of the 51st District, Chairman of the Committee on Appro priations, submitted the following report:
Mr. President: Your Committee on Appropriations has had under consideration the follow
ing resolutions of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HR 26. Do Pass. HR 63. Do Pass. HR 44. Do Pass.
HR 84. Do Pass. HR 118. Do Pass.
Respectfully submitted,
Carlisle of 51st District, Chairman.
Senator Doster of the 48th District, Chairman of the Committee on Agri culture and Natural Resources, submitted the following report:
Mr. President: Your Committee on Agriculture and Natural Resources has had under con
sideration the following bills of the House, and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 422. Do Pass.
HB 469. Do Pass.
HB 474. Do Pass, as Amended.
Respectfully submitted,
Doster of 48th District,
Chairman.
Senator Holt of the 54th District, Chairman of the Committee on Health and Welfare, submitted the following report:
Mr. President:
Your Committee on Health and Welfare has had under consideration the following bills of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 489. Do Pass.
HB 491. Do Pass.
Respectfully submitted,
Holt of 54th District,
Chairman.
548
JOURNAL OF THE SENATE,
Senator Jordan of the 25th District, Chairman of the Committee on Judi ciary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bill of the House, and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
HB 431. Do Pass.
Respectfully submitted, Jordan of 25th District, Chairman.
Senator Holt of the 54th District, Chairman of the Committee on Health and Welfare, submitted the following report:
Mr. President:
Your Committee on Health and Welfare has had under consideration the following bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
HB 419. Do Pass.
Respectfully submitted, Holt of 54th District, Chairman.
Senator Wright of the 42nd District, Chairman of the Committee on In dustry and Labor, submitted the following report:
Mr. President:
Your Committee on Industry and Labor has had under consideration the following bills of the House and Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 457. Do Pass.
HB 472. Do Pass.
Respectfully submitted, Wright of 42nd District, Chairman.
Senator Culpepper of the 7th District, Chairman of the Committee on Gov ernment Operation, submitted the following report:
Mr. President:
Your Committee on Government Operations has had under consideration
THURSDAY, FEBRUARY 19, 1959
549
the following bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
HB 485. Do Pass. Respectfully submitted, Culpepper of 7th District, Chairman.
The following local uncontested bills were read the third time and put upon their passage:
HB 132. By Mr. Jones of Union:
A b:'ll to create the office of Commissioner of Roads and Revenues of Union County; to provide for bond of such Commissioner; and for other purposes.
The Committee on County arid Municipal Governments offered the following amendment:
Amend HB 132 as follows:
(1) By inserting immediately following Section 14 of said Bill a new Section which shall be known as Section 15 which shall read as follows:
"Section 15. On February 25, 1959, it shall be the duty of the Ordinary of Union County to issue the call for an election for the purpose of submitting this Act to the voters of Union County for approval or rejection. The Ordinary shall set the date of such election for March 17, 1959. The Ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Union County. The ballot shall have written or printed thereon the words:
"For approval of the Act so as to provide for a Board of Commissioners for Union County.
"Against approval of the Act so as to provide for a Board of Commissioners for Union County."
All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of the votes cast on such question are for approval of the Act, it shall become of full force and effect. If less than a majority of the votes cast on such question are for approval of the Act, it shall be void and of no force and effect. The expense of such election shall be borne by Union County. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State."
550
JOURNAL OF THE SENATE,
(2) By re-numbering the present Section 15 of said Bill as Section 16.
(3) By inserting in the title of said Bill immediately preceding the words "to repeal conflicting laws", the words "to provide for a refer endum."
On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 166. By Mr. Dicus of Muscogee:
A bill to amend an act pertaining to attendance of witnesses so as to provide for payment of fees to any sheriff, etc., attending any court having jurisdiction to enforce penal laws in certain cases; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill was taken up for the purpose of considering House action thereto:
SB 87. By Senator Sanders of the 18th:
A bill to create a Crime Investigating Committee to investigate the extent of crime and organized crime existing in Georgia; to enumerate the powers of said Commission, including the power of subpoena; to repeal conflicting laws; and for other purposes.
The House State of Republic Committee offered the following amendment to SB 87:
Amend SB 87 by adding a new section thereto to be and read as follows:
Section 7. This act, and all provisions hereof, shall terminate, be inoperative, and expire on December 31, 1962.
Senator Sanders of the 18th moved that the Senate agree to the House amendment to SB 87.
On the motion to agree, the ayes were 33, nays 0, and the amendment was agreed to.
THURSDAY, FEBRUARY 19, 1959
551
The following bill was taken up for the purpose of considering House action thereto:
SB 123. By Senator Buff of the 44th:
A bill to create the Board of Commissioners of Roads and Revenues for the County of Catoosa; to repeal conflicting laws; and for other purposes.
The House amendment was as follows:
Mr. Love of Catoosa County moves to amend SB 123:
(1) By adding to the end of the first sentence of Section 11 the following words, "Provided, the compensation of said manager shall not exceed seven thousand, five hundred ($7,500.00) dollars per annum."
(2) By inserting in the first sentence of Section 15 after the words, "Tax Commissioner" the words, "Ordinary, Clerk of the Superior Court."
Senator Buff of the 44th moved that the Senate agree to the House amend ment to SB 123.
On the motion to agree, the ayes were 35, nays 0, and the House amendment was agreed to.
The following message was received from the House through Mr. Eilard, the Clerk thereof:
Mr. President:
The House has as amended passed by the requisite constitutional majority the following bill of the Senate to wit:
SB 72. By Senator Dykes of the 2nd:
A bill to be entitled an act to amend the act providing for the compen sation of the Sheriff and the Clerk of the Superior Court of Liberty County so as to change the compensation of the Clerk; to provide for the appointment of Deputies to the Sheriff; and for other purposes.
The following bill was taken up for the purpose of considering House action thereto:
SB 72. By Senator Dykes of the 2nd:
A bill to amend the act providing for the compensation of the Sheriff and the Clerk of the Superior Court of Liberty County so as to change the compensation of the Clerk; to provide for the appointment of Deputies to the Sheriff; and for other purposes.
The House Committee on Local Affairs offered the following amendment to SB 72:
Amend SB 72 by striking Section 3 of said bill in its entirety and inserting in lieu thereof a new section, which shall read as follows:
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JOURNAL OP THE SENATE,
"Section 3. Said Act is further amended by striking therefrom Section 4 in its entirety and inserting in lieu thereof a new section, which shall read as follows:
"Section 4. The Sheriff of Liberty County shall be compen sated in the amount of $7,000.00 per annum, to be paid in equal monthly installments from the funds of Liberty County. This compensation shall be in lieu of the fees which said Sheriff has heretofore received. Such compensation shall be all-inclusive, and the Sheriff shall receive no other compensation for any services he performs in any capacity or in any court, except as provided in this Act. The Sheriff and the County Commissioners of Liberty County shall determine the number of full-time Deputies and the number of part-time Deputies which are necessary for the efficient operation of the office of Sheriff of Liberty County. Full-time Deputies shall be compensated in the amount of $300.00 per month, to be paid from the funds of Liberty County. Part-time Deputies shall be compensated in the amount of $75.00 per month, to be paid from the funds of Liberty County. The County Commissioners of Liberty County shall furnish transportation to the full-time Deputies, or in lieu thereof, shall compensate such Deputies at the rate of 10 cents per mile for actual miles traveled inside Liberty County while in the performance of their duties. The Sheriff and any Deputy shall be entitled to and shall receive mileage allowances at the rate of 10 cents per mile for actual miles traveled outside Liberty County when in the performance of their duties," when not using a county vehicle.
Senator Dykes of the 2nd moved that the Senate agree to the House amend ment to SB 72.
On the motion to agree, the ayes were 34, nays 0, and the amendment was agreed to.
HR 39. By Mr. Odom of Camden:
A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize the governing authority of the City of St. Marys to bind the said city by contract with any corporation, partnership or individual so as to provide a stabilized property tax program for said city; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1.
Article VII, Section 1 of the Constitution, relating to powers, limitations and uniformity of taxation and to exemptions therefrom is hereby amended by adding a new paragraph at the end thereof, to read as follows:
"The City of St. Marys is hereby granted authority to bind itself by contract to a stabilized property tax program with any corporation, partnership or individual."
THURSDAY, FEBRUARY 19, 1959
553
SECTION 2.
When the above-proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section 1, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above-proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to grant authority to the City of St. Marys to bind itself by contract to a stabilized property tax program."
"Against ratification of amendment to the Constitution so as to grant authority to the City of St. Marys to bind itself by contract to a stabilized property tax program."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution, proposing an amendment to the Constitution, a roll call was ordered and the vote was as follows:
Those voting in the affirmative were Senators:
Barrett of 32nd Breedlove Brown Buff Cannon Carlisle Clary Crowe Darby Doster Drew Dykes Gearreld Hays
Holt Home Jernigan Jordan Kennedy Kiker Land Lindsey of 53rd Marshall Marshburn Mercer Mobley Nixon Pannell
Perry Purcell Ramsey Redwine Roach Shaw Skelton Slade Smith Vaughn Watson Wright
By unanimous consent, the verification of the roll call was dispensed with.
554
JOURNAL OF THE SENATE,
On the adoption of the resolution, the ayes were 40, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
HR 146. By Messrs. Loggins and Floyd of Chattooga:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election for members of the Board of Education of Chattooga County by the people; to prescribe the procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article VIII, Section V, Paragraph 1 of the Constitution, relating to county boards of education, is hereby amended by adding to the end thereof the following:
"The Board of Education of Chattooga County shall be com posed of five members, to be elected as hereinafter provided. For the purpose of electing the members, Chattooga County is hereby divided into five education districts. Education District number one shall be composed of Militia District number 925. Education District number two shall be composed of Militia District number 870. Education District number three shall be composed of Militia District number 968 and Militia District number 927. Education District number four shall be composed of Militia District number 1484, Militia District number 1216, Militia District number 961, and Militia District number 1083. Education District number five shall be composed of Militia District number 940, Militia District number 962, and Militia District number 1382. The members of the board shall be elected only by the voters of the district which the member is to represent. Any person offering as a candidate to represent an education district on the board must reside in the district from which he offers. No person who resides in any part of Chattooga County embraced within the territory of an independent school system shall be eligible for election as a member of the board, nor may any such person be eligible to vote in any election to elect members of the board. No person shall be eligible for membership on the board unless he has resided in the district from which he offers as a candidate for at least one year immediately preceding the election. Each member of the board shall receive $10.00 per diem for each meeting. In the event this amendment is ratified, it shall be the duty of the Ordinary of Chattooga County to issue the call for an election and he shall set the date for such election for a day between the 15th and 20th days of December, 1960. Such election shall be for the purpose of electing the members of the Board of Education of Chattooga County created under this amend ment, and it shall be the duty of the ordinary to publish the dats of the election, the purpose thereof, and a brief explanation of the voting procedure by districts at least once preceding the date
THURSDAY, FEBRUARY 19, 1959
555
of the election in the official organ of Chattooga County. The members elected at such election shall take office January 1, 1961. Such members and all future members shall serve for a term of four years and until their successors are elected and qualified. All future elections shall be held quadrienially on the same day that county officials are elected, and the persons elected shall take office the following January 1. In case of a vacancy on the board for any cause other than expiration of a term of office, the re maining members of the board shall elect a person from that re spective district where the vacancy exists who shall serve for the unexpired term.
The Board of Education of Chattooga County in effect at the time of the ratification of this amendment shall be abolished effec tive December 31, 1960, and the terms of office of all members of such board shall expire on such date.
The county board of education as provided herein shall be subject to all constitutional provisions and all statutory provisions relative to county boards of education, unless such provisions are in conflict with the provisions of this amendment."
SECTION 2.
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such pro posed amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended. Such proposed amendment shall be submitted as provided in said paragraph.
The ballot submitting the above proposed amendment shall have written or printed thereon the following: "For ratification of the amendment to the Constitution so as to provide for the election of the members of the Board of Education of Chattooga County by the people." "Against ratification of the amendment to the Constitution so as to provide for the election of the members of the Board of Education of Chattooga County by the people."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.
NOTICE OF INTENTION TO APPLY FOR THE PASSAGE OF A LOCAL BILL.
Notice is hereby given that application will be made at the next session of the General Assembly of Georgia for the passage of the
556
JOURNAL OF THE SENATE,
the following bill: Entitled an act to change the method of selecting County School Board members, and to provide for the election of same by the people of the County.
This 9th day of January, 1959.
James H. Floyd Representative Chattooga County Joseph E. Loggins Representative Chattooga County
l-29c.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James H. Floyd and Joseph E. Loggins, who, on oath, deposes and says that they are Representatives from Chattooga County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Summerville News, which is the official organ of said County, on the following dates: January 15, 22, and 29, 1959.
/s/ James H. Floyd James H. Floyd
/s/ Joseph E. Loggins Joseph E. Loggins Representatives, Chattooga County
Sworn to and subscribed before me this 6th day of February, 1959.
/s/ Amelia Smith Amelia Smith Notary Public, State at Large My Commission expires October 4, 1960. (Seal).
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Senators:
Barrett of 32nd Breedlove Brown Buff Cannon Carlisle Clary Crowe Darby Doster Drew Dykes Gearreld Hays
Holt Home Jernigan Jordan Kennedy Kiker Land Lindsey of 53rd Marshall Marshburn Mercer Mobley Nixon Pannell
Perry Purcell Ramsey Redwine Roach Shaw Skelton Slade Smith Vaughn Watson Wright
THURSDAY, FEBRUARY 19, 1959
557
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 40, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
The following general bills, favorably reported by the committees, were read the third time and put upon their passage:
HB 239. By Messrs. Pickard of Muscogee, Pelham of Schley and others:
A bill to provide for the use of voting machines for computing ballots at all elections including primaries in all counties in the State of Georgia; and for other purposes.
Senator Brown of the 52nd offered the following amendment:
Amend the title of HB 239 by inserting a semi-colon following the word "machines" where said word appears in line 9 of the title of said bill.
On the adoption of the amendment, the ayes were 31, nays 0, and the amendment was adopted.
Senator Brown of the 52nd offered the following amendment:
Amend HB 239 by inserting the word "shall" between the words "managers" and "announce" where the same appear in line 6 of section 10 of said bill.
On the adoption of the amendment, the ayes were 31, nays 0, and the amendment was adopted.
Senator Brown of the 52nd offered the following amendment: Amend HB 239 by striking the words "require him to" where said
words appear in line 10 of section 11 of said bill.
On the adoption of the amendment, the ayes were 31, nays 0, and the amendment was adopted.
Senator Brown of the 52nd offered the following amendment:
Amend HB 239 by striking the last sentence of section 17 and sub stituting in lieu thereof the following:
"The provisions of this act shall apply to all counties and municipalities in this state hereafter holding any election or elec tions in which voting machines are used."
On the adoption of the amendment, the ayes were 31, nays 0, and the amendment was adopted.
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JOURNAL OF THE SENATE,
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 37, nays 2.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 326. By Messrs. Smith of Emanuel and Twitty of Mitchell: A bill to amend an act relating to actions on bonds taken from public officers by providing the venue for such actions, and for suits in the name of the Governor for use; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 419. By Mr. Summers of Crisp: A.bill to require the various county boards of public health to inspect funeral establishments; to provide for the abatement as a public nuisance of any establishment which is in an unsanitary condition; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 422. By Mr. Ray of Warren: A bill to transfer the Department of Entomology to the Department of Agriculture of the State of Georgia; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 430. By Mr. Twitty of Mitchell:
A bill to authorize the Western & Electric Railroad Commission to enter into agreements of lease, option or refusal to lease, not binding the State until fully approved by a Joint Resolution of the General Assembly of Georgia; and for other purposes.
THURSDAY, FEBRUARY 19, 1959
559
The Committee on Rules offered the following substitute:
A BILL
To be entitled an act to authorize the Western and Atlantic Rail road Commission to hear proposals, to consider, to confer with others, and to make recommendations to the General Assembly concerning proposals to lease or to option any non-railroad property under its jurisdiction, provided that no such lease or option shall interfere with the rights of the present lessee of the Western and Atlantic Railroad Commission without its consent; to define non-railroad property; to repeal conflicting laws, and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA and it is hereby enacted by the authority of the same as follows:
SECTION 1.
The Western and Atlantic Railroad Commission is hereby author ized to consider, to confer with others, to hear proposals, to discuss and to make recommendations to the General Assembly of Georgia at its regular 1960 Session, concerning proposals to lease or to option any non-railroad property under the jurisdiction of the Western and Atlantic Railroad Commission, for the approval or disapproval of the General Assembly. Any such proposal may recommend an agreement to be entered into with or without competitive bidding, provisions for collateral security for the rent, penalties of forfeiture of the premises on account of default, prohibition against subletting or releasing the premises, notwithstanding any existing law in regard to such provisions. Said Commission is hereby authorized to obtain engineering or other studies or plans respecting any proposed lease or option of said nonrailroad property, the results of which plans or studies shall be made available to the State of Georgia. Prior to recommending to the General Assembly for approval any such lease of any interest in any such real property, the Commission shall have three separate appraisals made as to its value. The term, "non-railroad property" as used in this Act included overhead and underground rights and other property not used or necessary for railroad purposes, including property which may not be used nor necessary for railroad purposes because of change in location or facilities.
SECTION 2.
No such proposed agreement shall interfere with the rights of the present lessee of the Western and Atlantic Railroad property without its consent.
SECTION 3.
No such proposed agreement shall in any way be binding on the State of Georgia unless and until it has been approved and authorized by Act or a Joint Resolution of the House of Representatives and Senate of the State of Georgia.
SECTION 4.
All laws and parts of laws in conflict with this act are hereby repealed.
The substitute was adopted.
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JOURNAL OF THE SENATE,
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 457. By Mr. Twitty of Mitchell:
A bill to amend an act relating to laborer's and materialmen's liens, by providing that certain partnerships or corporations or associations shall be entitled to all the benefits of sections 67-2001 and 67-2002 of the code of Georgia of 1933; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 469. By Messrs. Lowrey of Floyd, Kelly of Jasper, Tamplin of Morgan and others:
A bill to amend an act relating to concentrated commercial feed stuff so as to provide that the Commissioner of Agriculture may establish standards for same; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 161. By Messrs. Hollis of Muscogee, Wilkes of Cook and McCracken of Jefferson: A resolution creating a committee to study HB 115; and for other purposes.
The Committee on Rules offered the following amendment:
Amend HR 161 by striking the words "ten members" in line three of paragraph four and inserting in lieu thereof the words "three mem bers".
By striking the words "five members" in line four of paragraph four and inserting in lieu thereof the words "two members".
By striking the period between the words "committees" and "the committee" in line 17 of paragraph four, and inserting in lieu thereof the following "comma, not exceeding ten days, period."
THURSDAY, FEBRUARY 19, 1959
561
On the adoption of the amendment, the ayes were 37, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.
On the adoption of the resolution, the ayes were 37, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
HB 474. By Messrs. Lowrey and Scoggin of Floyd, Kelly of Jasper and others:
A bill to amend an act known as the "Agricultural Commodities Author ity Act" so as to include eggs in the provisions of said act; and for other purposes.
The Committee on Agriculture and Natural Resources offered the following amendment:
Amend HB 474 by striking section 10A in its entirety and inserting a new section 10A to read as follows:
"Section 10 A. Eggs shall be included within the provisions of this act. An assessment charge of two cents for each case of eggs produced in this State. The provisions of this act as to other agricultural commodities shall be applicable to eggs."
On the adoption of the amendment, the ayes were 39, nays 0.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 503. By Messrs. Smith of Emanuel and Twitty of Mitchell: A bill to amend an act relating to the registration and license of makers and dealers of motor vehicles and tractors, to provide "dealer" license plates; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 44. By Mr. McClelland of Fulton: A resolution to compensate Sam M. Carson, (Department of Public Safety); and for other purposes.
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JOURNAL OF THE SENATE,
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution involving an appropriation, a roll call was ordered and the vote was as follows:
Those voting in the affirmative were Senators:
Adams Barrett, 32nd Breedlove Brown Buff Cannon Carlisle Clary
Crowe Doster Drew Edenfield Gearreld Hays Holt
Holton Home Jernigan Jordan Kennedy Kiker Land Lanier Lindsey of 53rd Livingston Marshall Marshburn Mercer Mobley McGill
Nixon Pannell Perry Purcell Ramsey Redwine Sanders Shaw Skelton Slade Smith Vaughn Watson Wright
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 44, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 118. By Mr. Terry of Murray:
A resolution to compensate Mrs. Anna Wattenbarger, (Game and Fish); and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution, involving an appropriation, a roll call was ordered and the vote was as follows:
Those voting in the affirmative were Senators:
Adams Barrett of 32nd Breedlove Brown Buff Cannon Carlisle Clary Crowe Doster Drew
Edenfield Gearreld Hays Holt Holton Home Jernigan Jordan Kennedy Kiker Land
Lanier Lindsey of 53rd Livingston Marshall Marshburn Mercer Mobley McGill Nixon Pannell Perry
THURSDAY, FEBRUARY 19, 1959
563
Purcell Ramsey Redwine Sanders
Shaw Skelton Slade Smith
Vaughn Watson Wright
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 44, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 136. By Mr. Souter of Macon:
A resolution authorizing the conveyance of land to the City of Montezuma; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 40, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 139. By Mr. Griffin of Decatur:
A resolution authorizing the conveyance of certain property in Decatur County; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 42, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate amendment to the following bill of the House:
HB 21. By Messrs. Lanier of Candler, Parker of Appling, and others:
A bill to be entitled an act to amend an act providing for the regulation of sale of livestock at auction, to change bonding requirements; and for other purposes.
The House has passed as amended the following bills of the Senate to-wit:
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JOURNAL OF THE SENATE,
SB 47. By Senators Vaughn of 34th and Nixon of 35th:
A bill to be entitled an act to amend Code section 13-2015, pertaining to limitations on investment in real estate by banks, as amended, so as to provide that the provisions of said Section shall not apply to certain loans; to repeal conflicting laws; and for other purposes.
SB 78. By Senators Perry of 24th, Culpepper of 7th, and others:
A bill to be entitled an act to provide for the inspection of public records; to provide for a penalty; to provide for photographing public records; to repeal conflicting laws; and for other purposes.
SB 73. By Senator Sanders of 18th:
A bill to be entitled an act to amend an act known as the Georgia Ports Authority Act, as amended, so as to authorize the Governor, on behalf of the State, to convey certain property to the Georgia Ports Authority; to repeal conflicting laws; and for other purposes.
The following bill was taken up for the purpose of considering House action thereto:
SB 73. By Senator Sanders of the 18th:
A bill to amend an act known as the Georgia Ports Authority Act, approved March 9, 1945 (Ga. L. 1945, p. 464), as amended, so as to authorize the Governor, on behalf of the State, to convey certain property to the Georgia Ports Authority; to repeal conflicting laws; and for other purposes.
The Committee on Judiciary offered the following amendment:
Amend SB 73 (1) by striking from the language quoted as section 4A in Section 1 of said bill, the words, "in Richmond County and Glynn County", and inserting in lieu thereof the words, "in Richmond County, Glynn County and Decatur County".
(2) By adding before the last paragraph of the language quoted as Section 4A in Section 1 of said bill, the following:
"The property located in Decatur County, which is divided into two parcels and which is covered by two separate deeds, is described as follows:
'Parcel I. That certain tract of land containing 56 acres, more or less, located in Lots of Land No. 372 and 373 in the 15th Dis trict of Decatur County, Georgia, being a portion of Decatur County Farm Land located on the North of Flint River and South of the Bainbridge-Spring Creek paved highway (Georgia State Highway No. 253), East of the site now known as American Bitumis & Asphalt Company and West of other land of Decatur County, Georgia and which tract is now known as the Georgia State Ports Authority, and is more particularly described as follows:
'Commencing at the Southwest corner of Land Lot No. 373, 15th District, Decatur County, Georgia (marked by a U. S. Govern ment monument); thence N 01 41' E, 457.0 feet to a U. S. Govern-
THURSDAY, FEBRUARY 19, 1959
565
ment monument; thence N 63 06' E, 661.4 feet to a U. S. Govern ment concrete monument; thence N 52 03' E, 648.9 feet to a U. S. Government concrete monument and the point of beginning; thence N 01 41' E, 1,637.9 feet to a point on the South right-of-way of Georgia State Highway No. 253; thence N 45 53' E along the South right-of-way of Georgia State Highway No. 253, 992.2 feet to a point of curvature; thence along the South right-of-way of Georgia State Highway No. 253 along a curve to right in a general northeasterly direction with a radius of 5,690 feet for a distance of 911.9 feet to a point of tangency (chord N 50 28' E, 911.0 feet); thence continue along the South right-of-way of Georgia State Highway No. 253, N. 55 04' E, 173.6 feet; thence S 08 14' W, 98.0 feet; thence S 40 54' W, 597.3 feet; thence S 26 43' W, 949.5 feet; thence S 03 56' W, 185.0 feet; thence S 40 51' E, 1,054.9 feet to a point on the north shore line of Flint River; thence down stream along the North shore line of Flint River in a southwesterly direction to a point which is S 48 49' W, 1,953.2 feet; thence N 01 41' E, 658.3 feet to the point of beginning.'
"The property described above was conveyed to the State by a deed dated October 2, 1956, from Decatur County through the Chairman of the Board of Commissioners of Roads and Revenues, which deed is on file in the office of the Secretary of State.
'Parcel II. Commencing at the Southeast corner of Land Lot No. 372, 15th District, Decatur County, Georgia (Marked by a U. S. Government monument); thence N 0 55' E, 650.0 feet; thence N 88 50' W, 60.0 feet to a concrete monument and the point of beginning; thence S 51 42' W along North boundary of Lands of General Gas Corp., 858.0 feet; thence S 31 28' along North bound ary of lands of General Gas Corp. 823.4 feet; thence S 50 19' E along West boundary of lands of General Gas Corp., 500.0 feet; thence S 16 35' E, 232.0 feet to a point on the Northern shore of Jim Woodruff Reservoir; thence along the Northern shore of Jim Woodruff Reservoir in a Southwesterly direction to a point which is S 66 21' W, 240.0 feet; thence along the East boundary of lands formerly deeded to Georgia Ports Authority as follows: N 40 51' W, 1054.9 feet; N 03 56' E, 185.0 feet; N 26 43' E, 949.5 feet; N 40 54' E, 597.3 feet; N 08 14' E, 98.0 feet to a point on South right-of-way of Georgia State Highway No. 253; thence N 55 04' E along South right-of-way of Georgia State Highway No. 253, 630.9 feet; thence S 0 55' W, 998.1 feet; thence along a curve to the left in a Northeasterly direction with a radius of 427.50 feet to a point which is N 60 49' E, 28.0 feet to point of tangency; thence N 58 57' E, 225.5 feet to the point of beginning. Being in Land Lots 372 and 373, 15th District, Decatur County, Georgia and containing 35.25 acres, LESS AND EXCEPT 2.88 acres, more or less, contained in right-of-way for railroad spur track to State Docks as previously deeded S. A. L. Railway. De catur County specifically reserves unto itself a sufficient amount of the above described tract of land for a 100 foot wide perpetual Railroad right-of-way easement from the proposed S. A. L. Railway spur track, running in an Easterly and westerly direction through said described tract, to other adjoining lands of Decatur County which are located on the North side of Georgia State Highway No. 253. The above 35.25 acre tract of land being more fully shown by plat of same made by R. H. Alcorn, C. E., on December 28, 1957,
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JOURNAL OF THE SENATE,
and recorded in Plat Book 4, Page 6 in the Clerk's office of Superior Court of Decatur County, Georgia.'
"The property described above was conveyed to the State by a deed dated February 4, 1958, from Decatur County through the Chairman of the Board of Commissioners of Roads and Revenues, which deed is on file in the office of the Secretary of State."
Senator Sanders of the 18th moved that the Senate agree to the House amendment to SB 73.
On the motion to agree, the ayes were 40, nays 0, and the amendment was agreed to.
The following bill was taken up for the purpose of considering House action thereto
SB 47. By Senators Vaughn of the 34th and Nixon of the 35th:
A bill to amend code section 13-2015, pertaining to limitations on in vestment in real estate by banks, as amended, so as to provide that the provisions of said section shall not apply to certain loans; to repeal conflicting laws; and for other purposes.
The House offered the following amendment:
Mr. Walker of Lowndes moves to amend SB 47 by striking the words "or where the total amount of any single loan does not exceed five thousand ($5,000.00) dollars" wherever the same shall appear, and inserting in lieu thereof "or where the total amount of any single loan matures in three (3) years or less and does not exceed three thousand and five hundred ($3,500.00) dollars".
Senator Vaughn of the 34th moved that the Senate agree to the House amendment to SB 47.
On the motion, the ayes were 40, nays 0, and the amendment was agreed to.
The following bill was taken up for the purpose of considering House action thereto:
HB 21. By Messrs. Lanier of Candler, Parker of Appling and others:
A bill to amend an act providing for the regulation of sale of livestock at auction, to change bonding requirements; and for other purposes.
Senator McGill of the 50th moved that the Senate insist on its position and that a Committee of Conference be appointed.
The motion prevailed and the president appointed as a Conference Committee the following:
Senators McGill of the 50th, Doster of the 48th and Clary of the 29th.
THURSDAY, FEBRUARY 19, 1959
567
The following bill was taken up for the purpose of considering House action thereto:
SB 78. By Senators Perry of the 24th, Culpepper of the 7th and others:
A bill to provide for the inspection of public records; to provide for a penalty; to provide for photographing public records; to repeal con flicting laws; and for other purposes.
The Committee on Rules of the House offered the following amendment:
1. Amends the caption of said bill by striking from line 2 thereof the following language: "to provide for a penalty."
2. Amends section 2 of said bill by inserting in the first line thereof between the words "where" and "the" "a member of". By striking from line #1 of said section 2 the following language "or any person". By striking from line #10 of said section 2 the comma after the word "shall" and the following language from the same line #10 "where possible". By striking the following language from said section 2 beginning on line #12 thereof: "But if the same in the judg ment of the lawful custodian of the said records, documents or instru ments, be impossible or impracticable, then the said work shall be done in such other room or place as nearly adjacent to the courthouse as may be, to be determined by the Board of County Commissioners of the said county. Where the providing of another room or place is necessary, the expenses of providing the same shall be paid by the person desiring to photograph the said records, instruments or docu ments." Further amends Section #2 of said Bill by striking from the last two lines thereof the following language, "or in case the same fail to agree as to the said charge, then by the Board of County Com missioners of said County."
Senator Culpepper of the 7th moved that the Senate agree to the House amendment to SB 78.
On the motion to agree, the ayes were 37, nays 0, and the amendment was agreed to.
HR 166. By Messrs. Cox and Matthews of Clarke:
A resolution authorizing the conveyance of certain land in Clarke County; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 40, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 169. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A resolution to authorize the Governor to sell certain lands located in Fulton County, to provide methods of sale, and delivery of deed; and for other purposes.
568
JOURNAL OF THE SENATE,
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 39, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 184. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A resolution to ratify, approve and confirm Executive Order of Gov ernor, dated February 2, 1959, suspending collection of tax imposed by Georgia Retailers' and Consumers' Sales and Use Tax Act; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 39, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 200. By Messrs. Bagby of Paulding, NeSmith of Meriwether, McClelland of Fulton and others:
A resolution authorizing the Governor and the Chairman of the Public Service Commission to act for State in connection with enlargement of W. & A. Railroad freight yard, and to convey State's rights in land; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 39, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following resolution was taken up for the purpose of considering House action thereto:
HR 161. By Messrs. Hollis of Muscogee, Wilkes of Cook and McCracken of Jefferson:
A resolution creating a committee to study HB 115; and for other purposes.
Senator Wright of the 42nd moved that the Senate insist on its position in amending HR 161 and that a Conference Committee be appointed.
The motion prevailed and the president appointed as a Conference Com mittee the following:
Senators Cannon of the 40th, Wright of the 42nd and Barrett of the 32nd.
THURSDAY, FEBRUARY 19, 1959
569
Senator Sanders of the 18th moved that the Senate resolve itself into executive session for the purpose of receiving a message from His Excellency, the Governor.
The motion prevailed and the Senate went into executive session.
The following communication was dispatched to His Excellency, the Gov ernor, through George D. Stewart, secretary of the Senate:
February 19, 1959
Honorable Ernest Vandiver, Governor, State Capitol Atlanta, Georgia
Dear Governor:
Under the rules governing Executive Sessions of the State Senate, I have the honor to report to you as follows:
Honorable Dixon Oxford of Terrell County, as State Revenue Commissioner, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 49, nays 0.
Honorable Peter Zack Geer of Miller County, as Executive Secretary of the Executive Department, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 49, nays 0.
Honorable George J. Hearn of Walton County, as Adjutant General of the State of Georgia, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 49, nays 0.
Honorable Homer R. Flynn of Fulton County, as Assistant Adjutant General for Air, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 49, nays 0.
Honorable Charlie F. Camp of Fulton County, as Assistant Adjutant Gen eral for Army, to serve at the pleasure of the Governor. The vote on this con firmation was ayes 49, nays 0.
Honorable Abit Massey of DeKalb County, as Secretary of the Department of Commerce, to serve at the pleasure of the Governor. The vote on this con firmation was ayes 49, nays 0.
Honorable William R. Bowdoin of Barrow County, as Supervisor of Pur chasing Department, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 49, nays 0.
Honorable Henry G. Neal of McDuffie County, as Assistant Attorney Gen eral assigned to the Executive Department, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 49, nays 0.
Honorable William H. Kimbrough of Greene County, as Chairman of State Board of Pardons and Paroles, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 49, nays 0.
Honorable Jack Forrester of Lee County, as Director of State Board of Corrections, to serve at the pleasure of the Governor. The vote on this con firmation was ayes 49, nays 0.
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JOURNAL OF THE SENATE,
Honorable James L. Gillis, Sr., of Treutlen County, as Chairman of Highway Board, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 49, nays 0.
Honorable Charles Alien Collier of Fulton County, as Director of Parks, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 49, nays 0.
Honorable Jack Bryan Smith of DeKalb County, as Solicitor of DeKalb County Court, for a term beginning January 16, 1959, and ending December 31, 1962. The vote on this confirmation was ayes 49, nays 0.
Honorable Robert C. Norman of Richmond County, as a Member of Ports Authority, for a term beginning January 27, 1959, and ending July 1, 1960. The vote on this confirmation was ayes 49, nays 0.
Honorable Garland Peyton of Fulton County, as Director of Mines, Mining and Geology, to serve at the pleasure of the Governor. The vote on this con firmation was ayes 49, nays 0.
Honorable Thomas M. Johnson of Chatham County, as a Member of Ports Authority, for a term beginning February 3, 1959, and ending July 1, 1962. The vote on this confirmation was ayes 49, nays 0.
Honorable A. M. Harris, Sr., of Glynn County, as a Member of Ports Authority, for a term beginning February 3, 1959, and ending July 1, 1962. The vote on this confirmation was ayes 49, nays 0.
Honorable Joe S. Champion of Dougherty County, as a Member of Ports Authority, for a term beginning February 3, 1959, and ending July 1, 1962. The vote on this confirmation was ayes 49, nays 0.
Honorable W. D. Trippe of Polk County, as a Member of Ports Authority, for a term beginning February 2, 1959, and ending June 30, 1961. The vote on this confirmation was ayes 49, nays 0.
Honorable Ernest L. Wright of Floyd County, as a Member of Board of Regents, for a term beginning February 6, 1959, and ending January 1, 1966. The vote on this confirmation was ayes 49, nays 0.
Honorable S. Herbert Elliott of Richmond County, as Member of Board of Funeral Service, for a term beginning February 4, 1959, and ending February 13, 1965. The vote on this confirmation was ayes 49, nays 0.
Honorable Alan Kemper of Clayton County, as Director of Welfare, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 49, nays 0.
Honorable Morris Bryan, Jr., of Jackson County, as a Member of the Board of Regents, for a term beginning February 3, 1959, and ending January 1, 1966. The vote on this confirmation was ayes 49, nays 0.
Honorable William F. Loflin of Muscogee County, as a Member of Board of Accountancy, for a term begining June 30, 1959, and ending June 30, 1963. The vote on this confirmation was ayes 49, nays 0.
Honorable Samuel Talmadge Harrison of Jeff Davis County, as a Member of State Board of Barber and Hairdresser Examiners, for a term beginning
THURSDAY, FEBRUARY 19, 1959
571
February 19, 1959, and ending February 24, 1961. The vote on this confirmation was ayes 49, nays 0.
Respectfully yours,
George D. Stewart Secretary of the Senate
The executive session was dissolved and the Senate resumed the regular order of business.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by substitute, as amended, the following bill of the Senate:
SB 81. By Senators Skelton of 30th, Crowe of 10th and Greer of 6th:
A bill to be entitled an act to repeal an act approved March 25, 1958, relating to nominations of persons to be elected, selected, or appointed by Grand Juries; to repeal conflicting laws; and for other purposes.
The House has disagreed to the Senate amendment to the following reso lution of the House, to-wit:
HR 161. By Messrs. Hollis of Muscogee, Wilkes of Cook, and others:
A resolution creating a committee to study HB 115; and for other purposes.
The House insists on its positions and has appointed a Committee on Con ference on the following bill of the House:
The Speaker has appointed on the part of the House: Messrs. Parker of Appling, Rogers of Heard, and Lanier of Candler.
HB 21. By Messrs. Lanier of Candler, Parker of Appling, and others:
A bill to be entitled an act to amend an act providing for the regulation of sale of livestock at auction, to change bonding requirements; and for other purposes.
The following bill was taken up for the purpose of considering House action thereto:
SB 81. By Senator Skelton of the 30th, Crowe of the 10th and Greer of the 6th:
A bill to repeal an act approved March 25, 1958 (Ga. Laws 1958, p. 686), relating to nominations of persons to be elected, selected, or appointed by Grand Juries; to repeal conflicting laws; and for other purposes.
The House offered the following substituted to SB 81:
Mr. Bowen of Randolph offered the following substitute to SB 81:
572
JOURNAL OF THE SENATE,
A BILL
To be entitled an act to amend an act relating to nominations of persons to be elected, selected or appointed by Grand Juries, approved March 25, 1958 (Ga. Laws 1958, p. 686), so as to remove the provisions relating to petition for nominations; to change the provisions relating to publication; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An act relating to nominations of persons to be elected, selected or appointed by Grand Juries, approved March 25, 1958 (Ga. Laws 1958, p. 686), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new section 1, to read as follows:
"Section 1. Whenever it is provided by law that the Grand Jury of any county shall elect, select or appoint any person to any office, notice thereof shall be given in the manner hereinafter provided."
Section 2. Said Act is further amended by striking Secton 2 in its entirety and inserting in lieu thereof a new Section 2, to read as follows:
"Section 2. It shall be the duty of the Clerk of the Superior Court to publish in the official organ of the county, a notice that certain officers are to be elected, selected or appointed by the Grand Jury of said county. Such publication shall be made once a week for two weeks during a period not sooner than sixty days prior to such election, selection or appointment. The cost of such advertisement shall be paid from the funds of the county, and it shall be the duty of the governing authority of the county to promptly pay said cost."
Section 3. Said act is further amended by striking Section 3, rela tive to transmission of the lists to the Grand Jury, in its entirety.
Section 4. Said act is further amended by renumbering present Sections 4 and 5 as Sections 3 and 4 respectively.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Rowland of Johnson offered the following amendment to the substitute to SB 81:
Amend the substitute to SB 81 by inserting in the caption after the word "juries" in the third line thereof the following words: "to confirm and ratify all such elections and appointments heretofore made".
By adding at the end of Section 1 after the word "entirety" the following "; and all such elections and appointments heretofore made are hereby confirmed, ratified and validated, irrespective of the pro visions of the Act hereby repealed".
Senator Skelton of the 30th moved that the Senate agree to the House substitute, as amended, to SB 81.
THURSDAY, FEBRUARY 19, 1959
573
On the motion to agree, the ayes were 39, nays 0, and the substitute, as amended, was agreed to.
HB 472. By Messrs. Ballard of Newton, Barrett of Cherokee and others:
A bill to require that a manufactured motor engine, well pump or other mechanical item be labeled "Remanufactured"; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SR 40. By Sentors Doster of the 48th, Lindsey of the llth, Perry of the 24th, and Kennedy of the 47th:
A resolution authorizing the Agricultural and Natural Resources Com mittee to make interim inspections of the Agriculture and Natural Resources Institutions of the State and authorizing the State Treasurer to pay said committee the regular per diem and expenses provided by law; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 38, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following resolution was read and adopted:
SR 56. By Senator Culpepper of the 7th: A resolution expressing appreciation to the citizens of Lumpkin County; and for other purposes.
The following resolution was introduced, read the first time and referred to committee:
SR 58. By Senator Kennedy of the 47th: A resolution creating a committee to study working conditions of State employees.
Referred to Committee on Rules.
Senator Sanders of the 18th moved that the Senate do now adjourn, and the motion prevailed.
The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.
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JOURNAL OF THE SENATE,
Senate Chamber, Atlanta, Georgia, Friday, February 20, 1959.
The Senate met pursuant to adjournment at 10:00 o'clock this morning and was called to order by the president.
Scripture reading and prayer was offered by the Chaplain.
By unanimous consent, the call of the roll was dispensed with.
Senator Clary of the 29th reported that the journal of yesterday's pro ceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with and the journal was confirmed.
Senator Sanders of the 18th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.
The consent was granted.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House and Senate to wit:
HB 568. By Mr. Miller of Elbert:
A bill to be entitled an act to amend an act incorporating the City of Elberton; relating to the City Manager; and for other purposes.
SR 20. By Senator Screws of the 9th:
A resolution proposing an amendment to the Constitution of Georgia so as to provide that a member of the County Board of Education of Baker County must be a freeholder; and for other purposes.
SB 108. By Senator Dykes of the 2nd:
A bill to be entitled an act to create a new charter for the City of Hinesville; to provide for elections; and for other purposes.
FRIDAY, FEBRUARY 20, 1959
575
SB 112. By Senator Brown of the 52nd:
A bill to be entitled an act to amend the act establishing a method for providing fire prevention systems in the unincorporated portion of Fulton County so as to provide for two full-time employees at each station; and for other purposes.
SB 118. By Senator Brown of the 52nd:
A bill to be entitled an act to amend an act approved Aug. 20, 1927, establishing a pension system for officers and employees of cities having a population of more than 150,000 by the U. S. Census of 1920 or any subsequent census, as amended; and for other purposes.
The House has passed, as amended, the following Bill of the Senate:
SB 125. By Sentors Redwine of 26th, Perry of 24th and Wright of 42nd:
A bill to be entitled an act to amend the act relating to the regulation of rates for casualty insurance, so as to change the procedure relating to the approval and disapproval of rate filings; and for other purposes.
The House has adopted the following Resolutions of the House, and Senate:
HR 130. By Mr. Gowen of Glynn:
A resolution creating a committee to study the Uniform Commercial Code; and for other purposes.
SR 42. By Senator Sanders of the 18th:
A resolution to provide for the per diem compensation and allowances to the members of the Joint Income Tax Law Study Committee created by Resolution of the General Assembly, approved March 8, 1957 (Ga. Laws 1957, p. 362), who were appointed by the Governor.
SR 49. By Senator Smith of the 4th: A resolution to designate the Bell Bridge; and for other purposes.
The House has adopted, as amended, the following resolution of the Senate:
SR 38. By Senators Jernigan of 5th, Marshburn of 33rd, and others:
A resolution to create a committee to study the effectiveness of high school training in preparing students for college work and the avail ability of college training on the four year basis to graduates of all high schools in this State; and for other purposes.
The House has agreed to the Senate Amendments to the following Bills of the House, to-wit:
HB 31. By Messrs. Kidd and Chandler of Baldwin:
A bill to amend Code section 35-204 relating to persons who may be maintained free at Milledgeville State Hospital; and for other purposes.
576
JOURNAL OF THE SENATE,
HB 132. By Mr. Jones of Union:
A bill to create the office of Commissioner of Roads and Revenues of Union County; and for other purposes.
HB 229. By Messrs. Otwell of Forsyth, Bozeman and Scott of Thomas, and others:
A bill to amend an act relating to qualifications of Directors of State Banks; and for other purposes.
HB 239. By Messrs. Pickard of Muscogee, Pelham of Schley and others:
A bill to provide for the use of voting machines for computing ballots at all elections including primaries in all counties in the State of Georgia; and for other purposes.
HB 246. By Mr. Murphy of Haralson:
A bill to amend Code chapter 91-8 pertaining to general provisions on inventory and sale of public property; and for other purposes.
HB 430. By Mr. Twitty of Mitchell:
A bill to authorize the Western & Atlantic Railroad Commission to enter into agreements of lease, option or refusal to lease, not binding the State until fully approved by a Joint Resolution of the General Assembly of Georgia; and for other purposes.
HB 441. By Messrs. Twitty of Mitchell and Gowen of Glynn:
A bill to amend an act creating the positions of Judge Emeritus of the Court of appeals of Georgia; and for other purposes.
The House has adopted the Conference Committee Report to the following bill of the House, to-wit:
HB 98. By Messrs. Murphy of Haralson, Tamplin of Morgan and others:
A bill to amend an act relating to free tuition to the common schools, to provide when children shall enter school; and for other purposes.
The House has passed by the requisite constitutional majority the following bills and resolutions of the Senate to wit:
SR 33. By Senator Redwine of the 26th:
A resolution authorizing the Secretary of State to employ caretakers for Confederate cemeteries; and for other purposes.
SB 34. By Senator Brooks of the 23rd:
A bill to authorize the purchase and ownership by state banks of shares of stock in small business investment companies; and for other purposes.
FRIDAY, FEBRUARY 20, 1959
577
SB 39. By Senators Jordan of the 25th and Crowe of the 10th:
A bill to validate and declare legal the creation and establishment of housing authorities, and to declare said housing authorities bodies corporate and politic; and for other purposes.
SR 39. By Senator Mobley of the 17th:
A resolution authorizing the conveyance of the Waynesboro State Farmers Market property; and for other purposes.
SB 43. By Senator Brown of the 52nd:
A bill to amend Code section 73-222 pertaining to the substitution and misbranding of petroleum products by providing that the State oil chemist shall be among those charged with the enforcement of the law contained in said Section; and for other purposes.
SB 51. By Senator Sanders of the 18th:
A bill to amend Section 26-3908 relating to the counterfeiting or passing any bank note so as to extend the provisions of said selections to all banks; and for other purposes.
SB 57. By Senator Sanders of the 18th and others:
A bill to amend an act known as the Uniform Act Regulating Traffic on Highways, so as to provide for the method of marking no-passing zones established by the State Highway Board; and for other purposes.
SB 79. By Senator Smith of the 4th:
A bill to amend an act known as the Uniform Act Regulating Traffic on Highways so as to increase the maximum lawful speed in this State; and for other purposes.
Senator Brown of the 52nd District, Chairman of the Committee on County and Municipal Governments, submitted the following report:
Mr. President:
Your Committee on County and Municipal Governments has had under con sideration the following bills and resolution of the Senate and House and has in structed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 538. Do Pass.
HB 551. Do Pass.
HB 476. Do Pas.
HB 559. Do Pass.
HB 556. Do Pass.
HB 554. Do Pass.
HB 553. Do Pass.
578
JOURNAL OF THE SENATE,
HB 322. Do Pass. HB 567. Do Pass. HB 564. Do Pass. HB 563. Do Pass. HB 524. Do Pass. HB 566. Do Pass, as Amended. HB 565. Do Pass, as Amended. HB 507. Do Pass, as Amended. HR 178. Do Pass.
Respectfully submitted, Brown of 52nd District, Chairman.
Senator Vaughn of the 34th District, Secretary of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules, has had under consideration the following reso lutions of the Senate and House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
HR 195. Do Pass. HR 167. Do Pass, as Amended. HR 52. Do Not Pass. HR 85. Do Pass. SR 58. Do Not Pass. HR 131. Do Not Pass. HR 147. Do Pass. HR 159. Do Pass, as Amended. HR 191. Do Not Pass.
Respectfully submitted,
Vaughn of 34th District,
Secretary.
Senator Jordan of the 25th District, Chairman of the Committee on Judi ciary, submitted the following report:
Mr. President: Your Committee on Judiciary, has had under consideration the following bills
FRIDAY, FEBRUARY 20, 1959
579
and resolutions of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HR 79. Do Pass. HB 395. Do Pass. HR 198. Do Pass. HB 193. Do Pass. HB 25. Do Pass. HB 118. Do Pass. HB 548. Do Pass. HB 487. Do Pass. HB 351. Do Pass. HB 493. Do Pass. HB 315. Do Pass. HB 116. Do Pass.
Respectfully submitted, Jordan of 25th District, Chairman.
Senator Brooks of the 23rd District, Chairman of the Committee on Banking and Finance, submitted the following report:
Mr. President:
Your Committee on Banking and Finance has had under consideration the following bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
HB 555. Do Pass.
Respectfully submitted,
Brooks of 23rd District,
Chairman.
Senator Redwine of the 26th District, Chairman of the Committee on Public Utilities and Transportation, submitted the following report:
Mr. President:
Your Committee on Public Utilities and Transportation has had under con sideration the following bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
HB 192. Do Pass.
Respectfully submitted, Redwine of 26th District, Chairman.
580
JOURNAL OF THE SENATE,
Senator Carlisle of the 51st District, Chairman of the Committee on Appro priations, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the fol lowing resolutions of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HR 56. Do Pass.
HR 173. Do Pass.
Respectfully submitted,
Carlisle of 51st District,
Chairman.
Senator Lindsey of the llth District, Secretary of the Committee on Agri culture and Natural Resources, submitted the following report:
Mr. President:
Your Committee on Agriculture and Natural Resources has had under con sideration the following bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
HB 209. Do Pass.
Respectfully submitted,
Lindsey of llth District,
Secretary.
The following local uncontested bills, favorably reported by the committees, were read the third time and put upon their passage:
HB 565. By Mr. Barber of Jackson:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Jackson County; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
Senate Committee Amendment by insert at the end of quoted Sec tion 8-A of Section 1 the following:
"The Commissioners may cause a summary of the audit herein provided, including a summary of the findings of the auditor, to be published also in any other newspaper published in Jackson County. Provided, however, that any audit completed by a non resident certified public accountant employed by the Commissioners that substantially complies with the requirements of this section shall be a satisfaction thereof, and no additional audit shall be required or authorized as herein provided."
On the adoption of the amendment, the ayes were 35, nays 0, and the amendment was adopted.
FRIDAY, FEBRUARY 20, 1959
581
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 566. By Mr. Barber of Jackson:
A bill to amend an act incorporating the City of Commerce; so as to change the corporate limits; and for other purposes.
The Committee on County and Municipal Governments offered the following substitute:
A BILL
To be entitled an act to amend an act incorporating the City of Commerce, approved August 17, 1909 (Ga. Laws 1909, p. 655), as amended, particularly by an act approved August 9, 1911 (Ga. Laws 1911, p. 975) and an act approved July 29, 1912 (Ga. Laws 1912, p. 771), so as to change the corporate limits of said City; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An act incorporating the City of Commerce, approved August 17, 1909 (Ga. Laws 1909, p. 655), as amended, particularly by an act approved August 9, 1911 (Ga. Laws 1911, p. 975) and an act approved July 29, 1912 (Ga. Laws 1912, p. 771) is amended by inserting following Section 2 thereof a new section which shall be known as Section 2A, which shall read as follows:
"Section 2A. In addition to the property heretofore included within the City of Commerce, the corporate limits of said City shall include all of the following described property:
"(a) All that tract or parcel of land lying in The State of Georgia, Jackson County, beginning at a pin on North Elm Street in the City of Commerce; thence along a line South 14--14 West 150 feet to pin; thence along line North 75--20 West 150 feet to pin; thence along line South 14--14 West to pin; thence along line to the point of beginning.
"(b) All that tract and parcel of land lying and being in the 255th District, G. M. of Jackson County, Georgia, consisting of nine (9) acres, more or less, and more particularly described as follows:
"BEGINNING at a willow tree located on the bank of the creek 200 feet from the center of the bridge where Park Drive merges with Ridgeway Road, which tree marks the Northeastern corner of Lovell Patman's lot, and running in a Southeasterly directon along the rear boundary lines of Lovell Patman, Nathaniel Patman and Allie Mae Hix lots, which lots front on Ridgeway Road, to an iron pin which marks the Southeastern Corner be-
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JOURNAL OF THE SENATE,
tween the Allie Mae Hix and Berry Hancock lots; thence in a Northeasterly direction along the rear boundary of Berry Hancock and Charlie Gillespie lots and across a proposed marked out street, to an iron pin corner which marks the Northeastern Corner of the Charlie Gillespie lot; thence in a Southeasterly direction along the Eastern boundary of the Charlie Gillespie lot to an iron pin on the established lot line which marks the Southeastern Corner of said lot; thence in a Northeasterly direction along said estab lished lot line to an iron pin which marks the Southwestern Corner of the Addie Gillespie lot; thence in a Northwesterly direction along the Western Boundary line of the Addie Gillespie lot to an iron pin which marks the Northwest Corner of said lot; thence along the rear boundary line of the Addie Gillespie lot to an iron pin which marks the Northeast Corner of said lot; thence in a Southeasterly direction along the Eastern boundary of the Addie Gillespie lot to an iron pin on the established lot line which marks the Southeastern Corner of said lot; thence in a Northeasterly direction across a proposed marked out street and along said established lot line which marks the rear boundary of the Milledge Patman and Ella Borders lots to an iron pin which represents the Northwestern Corner of the Ella Borders lot, which corner is on the line between the property herein conveyed and the Faulkner property; thence in a Northwesterly direction along the South western border of the Faulkner property to the South bank of the creek; thence along the South bank of the creek to the point of beginning.
"Also, all that tract or parcel of land lying and being in the District and County aforesaid consisting of one lot fronting fifty (50) feet in width on the South side of Radio Street and lying between the lots owned, respectively, by Charles P. Cochran and Ruby J. Alexander, and running back even width to the Northern boundary of Thelma Sanders' lot.
"Also, all that tract or parcel of land lying and being in the District and County aforesaid just outside the City Limits of Com merce on the E. side of Ridgeway Road beginning at a corner in the center of the bridge across the creek and extending S. 61 degrees E. 150 feet to an iron pin corner, same being Lovel Patman's corner and extending with her line N. 52 degrees E. 200 feet to a tree on the bank of the creek; thence down the creek 680 feet to a corner on Faulkner's line on North side of the creek; thence North 90 degrees W. 515 feet to a gum corner of W. D. Bolton and Charles Waters; thence with Waters line S. 27 W. 720 feet to point of beginning, said tract of land containing five (5) acres, more or less.
"(c) All that tract or parcel of land lying and being in the State of Georgia, County of Jackson, Beginning on the corner of Commerce Veterans Home, Inc. on the West side of Road on Sam Hood line, thence with his line N. 65 W. 200 feet to corner on a gum tree, thence N. 2--% W. 800 feet to an iron pin corner stake on W. side of road, thence N. 17% E. 290 ft. to iron pin corner on N. W. corner of bridge, thence with road S. 55 E. 270 feet, to corner in center of road, thence S. 52 E. with road 980 ft. to Georgia Power Co. corner in road, thence S. 21% W. 375 ft. to a corner of Commerce Veterans Home, thence with their line N.
FRIDAY, FEBRUARY 20, 1959
583
54% W. 198 ft. to iron stake, thence with their line S. 27 W. 300 ft. to corner near lake dam, thence N. 65% W. 398 feet to the Veterans Corner, thence S. 29 W. 102 ft. to the beginning corner. Containing 17.98 acres more or less. As per plat made by C. C. Hawken, Sur veyor, June 15, 1954, a small parcel of land is to be cut from the above tract containing 0.121 of an acre as per said plat.
"(d) All that tract or parcel of land lying and being in the 255th Dist. G. M. Jackson County, Georgia, located on the public road about one mile Northeast of Commerce, Georgia, and known as the Sam Dale place and formerly owned by W. L. Wells, con taining Sixty-one and 69/100 acres more or less, (61.69) as per plat made by R. C. Nix, Surveyor, June 21st, 1933, bounded on the north by lands of Short, on the East by lands formerly be longing to Aderholt, on the South by lands of Benton and on the West by lands of Hardman, and more particularly described as follows: Beginning at a rock on the Southwest side of a branch at the intersection of said branch with the lands now or formerly owned by Hardman, running thence South 57 degrees West 30 chains to a rock corner, thence South 80 degrees East 36.39 chains to a rock corner, thence North 7 degrees East 25.11 chains to a rock corner, thence North 53 degrees West 9.10 chains to a rock corner, thence South 52% degrees West 8.88 chains to a rock on branch the point of beginning.
"(e) All that tract or parcel of land lying and being in the State of Georgia, County of Jackson, beginning at a pin on Scott Street and Clayton Street (Line) in the City of Commerce, Thence along Scott Street S 43 degrees W. 51 degrees 792 feet to pin; thence N. 42 degrees--55 W. 322.35 feet to pin; thence N. 52--19 E. --792 feet to a pin; thence S-42--55E.--204.80 feet to a pin on Clayton Street and Scott Street.
"(f) All that tract or parcel of land starting- at a stake in middle of road known as "Peach Orchard Road" and running through property of what was Grace Hood Fuller property, now City of Commerce, property, running N. 74 20E 609 feet to stake, thence and along property of C. W. Hood N. 14 45 W. to iron pin, thence along property of Minish and Rogers N. 64 23 E. 650 feet to iron pin, thence along old peach orchard road N. 12 45 W. 514 feet to a stake, thence N. 19 30 W. 462 to stake, the beginning corner, Also the following described property to-wit:
"Starting at a stake on Mary Hood Bowlan land and running N. 74 20 E. 555 feet to stake in middle of Old Peach Orchard road; thence along old peach orchard road N. 19 30 W. 462 feet to a stake, thence along old peach orchard road n. 12 45 W. 618 feet to a stake on property of Ruth Hood Dismukes property, thence along Ruth Hood Dismukes line N. 74 20 E. 571 feet to a stake, thence along property of Ruth Hood Dismukes and Mary Hood Bowlan N. 16 30 W. 649 feet and 386 feet, or a total of 1035 feet to the beginning corner. All of said property being bounded on the South by property of Grace Hood Fuller and Mary Hood Bowlan, on the East by C. W. Hood, Jr., on the North by Rogers and Minish and Ruth Hood Dismukes and on the West by Ruth Hood Dismukes and Mary Hood Bowlan. Containing 28 acres more or less.
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JOURNAL OF THE SENATE,
"(g) All that tract or parcel of land lying and being in Geor gia, Jackson County, 255 District G. M. and being described by metes and bounds as follows:
"Beginning- at a stake on the Disposal plant road and Mose Gordon property and running thence S. 39.50 E. 381 feet to a stake, thence S. 33 28 W. 99 feet to a corner on Colored housing project road, thence S. 54 20 E. 96 feet to a stake, thence S. 71 E. 50 250 feet to a stake, thence S. 71 50 E. 202. 9 feet to a stake, thence North 55 0. E. 358 feet to a stake on Mose Gordon property, thence N. 35 0. W. 553.5 feet to a stake just off Disposal road, thence N. 59 SOW 240 feet to stake in Disposal plant road, thence up Disposal road S. 65 05 W. 350 feet to nail in pine tree, thence S. 67 05 W. 160 feet to the beginning corner. Containing 10 acres more or less.
"Bounded on South by property of Mose Gordon Negro housing project road, and colored housing project property and Mose Gor don, on the East by property of Mose Gordon, on the North by property and on West by Disposal plant road."
"(h) All that tract or parcel of land beginning at an iron pin at the present city limits on the East side of present City limits on property of John Hood and running N. 42 45 E. 103.1 feet to iron pin, thence S. 86 44 E. along property of Hazel Hood 1500 feet to an iron pin corner of E. C. Stark property, thence along property of E. C. Stark S. 10 09 E 1200 feet to iron pin corner on property of Frank Gailey, thence along property of Frank Gailey S. 11 56 W. 393.75 feet to iron pin corner on Commerce-Maysville Highway, thence along Commerce-Maysville Highway N. 81 OOW. 243.75 feet to iron pin corner, thence along Commerce-Maysville Highway N. 78 36 W. 262.5 feet to iron pin Corner on property of Roy Brown, thence S. 11 56 W. 156 150 feet to iron pin corner, thence N. 78 36 W 150 feet to iron pin corner on property of Jim Nunn on present City limits.
"Bounded on East and North by Commerce-Maysville Highway,
on South and West by present City limits and John Hood and on
East by property of John Hood and on West by property of Hazel
Hood, on West and North by property of E. C. Stark.
"(i) All that tract or parcel of land beginning at an iron pin on what is commonly known as Orchard road running through property of Mrs. Grace Hood Fuller and running thence down said Orchard road N. 12 00 W 1175 feet to an iron pin corner on property of Mrs. Mary Hood Boland, thence along said road N. 19 W 36 200 feet to iron pin, thence N. 47 46 E. 30 feet to iron pin on Clayton Street in City of Commerce, thence down Clayton Street S. 75 56 E. 878.8 feet to iron pin, thence S. 66 06E 228.1 feet to iron pin corner at City limits of Commerce, Ga., thence S. 71 56 W 222.7 feet to iron pin, thence S. 33 51E 592.1 feet to iron pin, thence N. 72 13 E. 115.2 feet to iron pin, thence S. 23 SOW 85.14 feet to iron pin, thence S. 64 23 W 1088.5 feet to iron pin the beginning corner. Bounded on west and south by property of Mrs. Grace Hood Fuller and Mrs. Mary Boland, on the North and East by Clayton Street, on the East and South by Willoughby Park and property of C. W. Hood, Jr.
FRIDAY, FEBRUARY 20, 1959
585
"(j) All that tract or parcel or land beginning at an iron pin at present city limits where same joins property of Clyde Langford and running N. 22 OOW 25 feet to iron pin, thence S. 76 50 W 287.5 feet to iron pin corner on property of W. N. and W. P. Harden, thence N. 18 08 W. 462.5 feet to iron pin, thence along property of W. N. and W. P. Harden N. 20 35 E. 1143 feet to iron pin corner on J. B. Hardman Estate, thence S. 65 53 E. to iron pin the present City limits.
"Bounded on the North by property of J. B. Hardman Estate, Clyde Langford on South, on the West by property of W. N. and W. P. Harden and on East by present City limits."
Section 2. All laws and parts of laws in conflict with this act are hereby repealed.
On the adoption of the substitute, the ayes were 35, nays 0, and the sub stitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 181. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to create and establish for the County of DeKalb; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
Amend HB 181, as amended, by striking the last three sentences of Section 5 thereof beginning with the words "Before making any election", so that said Section when so amended shall read as follows:
"Section 5--Judge; Election; Term, Vacancies. The Judge of said Recorder's Court shall be elected by the Board of Com missioners of Roads and Revenues of DeKalb County and the first Judge so elected shall serve for a term ending December 31, 1961, and until his successor is elected and qualified. All judges elected for terms following the first as hereinabove prescribed shall be elected by said Board for terms of two years and until their suc cessors are elected and qualified. All vacancies occurring in such office shall be filled in like manner, for the remainder of the unexpired term.
On the adoption of the amendment, the ayes were 35, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
586
JOURNAL OP THE SENATE,
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 507. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to establish a commission in DeKalb County to study the govern ments of DeKalb County and the cities therein to improve local govern ments and provide efficiency and economy; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
Amend HB 507 by striking the word "nine" in the last line of Section 1 and substituting therefore the word "sixteen" and by inserting after the colon at the end of Section 1 the following names: Jim Anderson, Mrs. C. O. Duncan, H. McKinley Conway, William C. Thibadeau, Mrs. W. M. Grubbs, Thomas O. Davis, Fay E. Mewborn, Kelsey Howington, Dr. J. R. Evans, Judson B. Ward, Dr. W. A. Mendenhall, Robert H. Parrar, Raymond W. Hargrove, Sr., Roy Blount, Reid H. Gofer and Wallace M. Alston.
On the adoption of the amendment, the ayes were 35, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 322. By Messrs. McClelland, Brooks and M. Smith of Pulton, Rutland and Mackay of DeKalb:
A bill to amend an act creating the Joint City-County Board of Tax Assessors in all counties having a population of 300,000 or more; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 431. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend an act creating a system of retirement benefits for judges and others, to fix time in which to qualify to participate in said fund; and for other purposes.
FRIDAY, FEBRUARY 20, 1959
587
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 475. By Messrs. Hollis, Dicus and Pickard of Muscogee and others:
A bill to amend the Juvenile Court Act in counties having a population of 150,000 or more but less than 300,000; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 476. By Mr. Strickland of Evans:
A bill to amend an act establishing the City Court of Claxton, to change distribution of fines and forfeitures; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 481. By Messrs. McKenna, Phillips and Wilson of Bibb:
A bill to amend an act to re-enact the charter of the City of Macon, relating to the corporate limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisilte constitutional majority, was passed.
HB 516. By Messrs. Brennan, Cheatham and McGee of Chatham:
A bill to amend an act providing for the compensation of the Ordinary of Chatham County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
588
JOURNAL OP THE SENATE,
The bill, having received the requisite constitutional majority, was passed.
HB 517. By Mr. Watson of Houston:
A bill to amend an act creating and incorporating a new municipality and incorporating a new municipality in Houston County; to redefine the corporate limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 518. By Mr. Blalock of Coweta:
A bill to amend an act incorporating the City of Senoia, so as to alter the procedure for returning and assessing property within the corporate limits of the city; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 519. By Messrs. Brennan, Cheatham and McGee of Chatham:
A bill to amend an act creating the City Court of Savannah, relating to establishing minimum salary of Judge of the City Court of Savannah; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 520. By Mr. Mann of Rockdale:
A bill to amend an act creating the office of Tax Commissioner of Rockdale County, so as to change the amount authorized for clerical help; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0. The bill, having received the requisite constitutional majority, was passed.
FRIDAY, FEBRUARY 20, 1959
589
HB 522. By Mr. Stuckey of Dodge: A bill to amend an act creating a new charter for the City of Eastman; so as to define the corporate limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 523. By Mr. Massee of Pulaski: A bill to amend an act creating a new charter for the City of Hawkinsville; so as to change the corporate limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 524. By Mr. Sheffield of Brooks:
A bill to amend an act creating the office of Tax Commissioner of Brooks County, so as to provide that it shall not be necessary for Tax Commissioner to make rounds for collecting taxes; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 525. By Messrs. Cheatham, McGee and Brennan of Chatham:
A bill to amend the charter of the Town of Garden City, by permitting the use of voting machines in municipal elections; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
590
JOURNAL OF THE SENATE,
HB 526. By Messrs. Story and Morgan of Gwinnett:
A bill to amend an act creating a new charter for the City of Lawrenceville; by extending the corporate limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 528. By Messrs. Cheatham, McGee and Brennan of Chatham:
A bill to amend an act creating and establishing the Municipal Court of Savannah; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 531. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend an act creating the Civil Court of DeKalb County; to provide for jurisdiction of said court and costs in said court; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 538. By Mr. Strickland of Evans:
A bill to amend an act establishing the City Court of Claxton; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 539. By Messrs. Mackay, McWhorter and Rutland of DeKalb: A bill to amend an act relating to the compensation of members of
FRIDAY, FEBRUARY 20, 1959
591
County Boards of Education in counties having a population of not more than 140,000 and not less than 130,000; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 540. By Mr. Love of Catoosa:
A bill to provide for a clerical assistant to the Sheriff of Catoosa County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 542. By Messrs. Newton and Matthews of Colquitt:
A bill to amend an act to create and establish a new charter for the City of Moultrie; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 543. By Messrs. Newton and Matthews of Colquitt:
A bill to amend an act establishing a public school system for the City of Moultrie; so as to redefine the four wards into which the City is divided; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 544. By Messrs. Brooks, McClelland and Smith of Fulton:
A bill to amend an act abolishing the fee system in Superior Court Atlanta Judicial Circuit; fixing compensation of solicitor-general, etc.; and for other purposes.
592
JOURNAL OF THE SENATE,
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 546. By Messrs. Campbell and Coker of Walker:
A bill to amend the charter of the City of Rossville, Georgia, so as to change the corporate limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 547. By Messrs. Campbell and Coker of Walker:
A bill to amend an act creating the office of Commissioner of Roads and Revenue for the County of Walker, so as to provide for due advertisement; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 549. By Messrs. Smith, McClelland and Brooks of Fulton:
A bill to amend an act to provide in Fulton County a system for pension pay to teachers and employees of Board of Education, so as to provide additional pension benefits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 550. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to amend the charter of the Mayor and Aldermen of the City of Savannah, relating to the Savannah Civil Service System; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
FRIDAY, FEBRUARY 20, 1959
593
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 551. By Messrs. Hodges and Parker of Ware:
A bill to amend an act providing a new charter for the City of Waycross to extend the city limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 553. By Messrs. Willingham, Holcombe and Reed of Cobb and Fowler of Cobb:
A bill to amend an act revising, etc., the several acts incorporating the Town of Austell, reincorporating said town as the City of Austell; to change the corporate limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 554. By Messrs. Brooks and McClelland of Fulton:
A bill to authorize the governing authority of the several municipalities to enact zoning ordinances in certain counties; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 555. By Messrs. McClelland and Brooks of Fulton:
A bill to limit the amount of ad valorem taxes and to provide for registration fees, licenses and business taxes in certain counties; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
594
JOURNAL OF THE SENATE,
The bill, having received the requisite constitutional majority, was passed.
HB 556. By Mr. Jones of Wayne:
A bill to prohibit the collection of fees for traffic arrests by the Sheriff of Wayne County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 557. By Messrs. McCown and Coalson of Polk:
A bill to amend an act creating a new charter for the City of Cedartown; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 558. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act to incorporate the Town of Forest Park; to provide for annexation of certain territory and extend city limits; and for other purposes.
The report of the committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 559. By Mr. Barrett of Cherokee:
A bill to amend an act creating the office of Commissioner of Roads and Revenues for the County of Cherokee; and for other purposes.
The report of the committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
FRIDAY, FEBRUARY 20, 1959
595
HB 562. By Mr. Blalock of Clayton:
A bill to provide a salary for the official court reporter of the Clayton Judicial Circuit in lieu of fees for criminal cases; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 563. By Messrs. Story and Morgan of Gwinnett:
A bill to incorporate the City of Dacula, in Gwinnett County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 564. By Messrs. Story and Morgan of Gwinnett:
A bill to amend an act to create a Board of County Commissioners for Gwinnett County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 567. By Mr. Barber of Jackson:
A bill to amend an act incorporating the City of Commerce; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 569. By Mr. Ballard of Newton:
A bill to amend an act creating a new charter for the City of Covington; and for other purposes.
596
JOURNAL OF THE SENATE,
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 570. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend the act of 1943 which act created a civil service board in Fulton County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 135. By Mr. Johnson of Butts:
A resolution authorizing the State Librarian to furnish certain law books to the Clerk of the Superior Court of Butts County; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 35, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 178. By Messrs. Keever and Bradley of Bartow:
A resolution authorizing and directing the State Librarian to furnish certain law books to the Clerk of the Superior Court of Bartow County; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 36, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 198. By Messrs. Andrews and Williams of Hall:
A resolution authorizing and directing the State Librarian to furnish certain law books to the Superior Court of Hall County; and for other purposes.
FRIDAY, FEBRUARY 20, 1959
597
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 40, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following general bills, favorably reported by the committees, were read the third time and put upon their passage:
HB 25. By Mr. Phillips of Bibb:
A bill to amend an act providing for denial of rights of inheritance and right to receive benefits from insurance contracts, under certain circumstances; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 116. By Mr. Wilson of Bibb:
A bill to adopt the Uniform Foreign Depositions Act; to prescribe the procedure for taking depositions in this State with respect to pro ceedings pending in other states; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 329. By Messrs. Cheek of Taylor and Rutland of DeKalb:
A bill to amend code section 68-709 relating to registration of motor vehicles for hire so as to exclude certain vehicles; repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed. HB 118. By Mr. Trotter of Troup:
A bill to amend an act relating to wills and administration of estates,
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so as to replace the word "revoked" in section 113-409; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 193. By Messrs. Parker and Hodges of Ware, and many others:
A bill to amend an act relating to depositions and interrogatories; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 209. By Messrs. Lanier of Candler, McKenna of Bibb, Strickland of Evans, Sheffield of Brooks and Fordham of Bulloch:
A bill to provide that it shall be unlawful for any person to use any persuader in the loading or handling of livestock other than an electric prod or canvas flap; to provide a punishment for violation; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President:
The House insists upon its position on the following resolution of the House, to-wit:
HR 161. By Messrs. Hollis of Muscogee, Wilkes of Cook and McCracken of Jefferson:
A resolution creating a committee to study HB 115; and for other purposes.
And the Speaker has appointed as a Committee of Conference on the part of the House, the following:
Messrs. Hollis of Muscogee, McCracken of Jefferson and Wilkes of Cook.
FRIDAY, FEBRUARY 20, 1959
599
The House has adopted the following resolutions of the House, to-wit:
HR 257. By Mr. Twitty of Mitchell: A resolution providing for adjournment at 3 P.M. this date.
HR 218. By Messrs. White of Mclntosh, Jones of Wayne and others: A resolution to create a committee to study water pollution; and for other purposes.
The House has passed, as amended, the following bills of the Senate, to-wit:
SB 83. By Senators Sanders of 18th and Jordan of 25th: A bill to amend the act establishing the employees' retirement system; and for other purposes.
SB 127. By Senator Ramsey of the 1st: A bill to amend section 76-202, relating to Breach of Peace Bond; and for other purposes.
SB 74. By Senators Redwine of 26th, Perry of 24th, and others: A bill to provide for public hearings in connection with rate filings by insurance companies or rating organizations, to provide for appeals from decision of the Insurance Commissioner; and for other purposes.
The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President:
The following bill of the House was recalled from office of the Governor and passed again to correct an error:
HB 240. By Mr. Hall of Floyd: A bill to amend the act relating to compensation of members of county boards of education; and for other purposes.
The following bill of the House, having been recalled from the office of the Governor, to correct a technical error, was again taken up for consideration:
HB 240. By Mr. Hall of Floyd: A bill to amend an act relating to compensation of members of county boards of education, so as to authorize General Assembly to provide by local act for such compensation; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agrfced to.
On the passage of the bill, the ayes were 40, nays 0.
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The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed, as amended, the following Bill of the Senate:
SB 42. By Senator Brown of the 52nd:
A bill to be entitled an act to provide for the regulation of signs dis played by retailers of motor fuel so as to prevent advertising practices deceptive to the public, to provide penalties for violation; and for other purposes.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House to wit:
HR 168. By Messrs. Jones of Worth, Branch and Bostick of Tift, and Hudson of Irvin:
A resolution to clarify certain designations of routes on the Jefferson Davis Highway; and for other purposes.
HB 192. By Mr. Smith of Fulton:
A bill declaring it to be an offense for any person to be in possession of and have upon his person any Motor Vehicle Driver's License other than his own or to apply for and obtain any Motor Vehicle License in any name other than the applicant's true and lawful name; and for other purposes.
Senator Pannell of the 43rd offered the following amendment:
Amend HB 192 by striking the caption of said bill in its entirety and substituting in lieu thereof the following:
"To be entitled an act declaring it to be an offense for any person to use any motor vehicle driver's license other than his own or to apply for and obtain any motor vehicle license in any name other than the applicant's true and lawful name."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
FRIDAY, FEBRUARY 20, 1959
601
HB 282. By Messrs. Ingle of Gordon, Killian of Glynn and Pickard of Muscogee:
A bill to provide for the compensation of certain State Officials and employees; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 46, nays 0.
The bill, having- received the requisite constitutional majority, was passed.
HB 351. By Mr. Trotter of Troup:
A bill to amend an act providing for the giving of security by owners and operators of motor vehicles; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill was taken up for the purpose of considering House action thereto:
SR 38. By Senators Jernigan of the 5th, Marshburn of the 33rd and others:
A resolution to create a committee to study the effectiveness of high school training in preparing students for college work and the avail ability of college training on the four year basis to graduates of all high schools in this State; and for other purposes.
The House offered the following amendment:
The Committee on Education moves to amend SR 38 by adding the following sentence at the end thereof:
"Said members of the committee herein established shall be composed of members of the Senate Committee on Education and the House Committee on Education."
Senator Carlisle of the 51st moved that the Senate agree to the House amendment to SR 38.
On the motion to agree, the ayes were 43, nays 0, and the amendment was agreed to.
HB 372. By Mr. Bolton of Spalding:
A bill to amend an act effecting revision of laws relating to qualification of voters, so as to clarify provisions relating to electors who have not voted within a certain period of time; and for other purposes.
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The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill was taken up for the purpose of considering House action thereto:
SB 42. By Senator Brown of the 52nd:
A bill to provide for the regulation of signs displayed by retailers of motor fuel so as to prevent advertising practices deceptive to the public; to provide penalties for violation; and for other purposes.
The House offered the following amendment:
Mr. Blalock of Clayton moves to amend section 1 of SB 42 as follows: By changing the period following the words "including all taxes of any and every kind" to a comma and adding thereafter the words "except Georgia Sales Tax," and by changing the period at the end of said section following the word "fuel" to a semicolon and adding thereafter the following words: "Provided, however, that this shall not preclude posting on any pumps dispensing motor fuel a separate state ment of taxes included in the total purchase price for the purpose of complying with the Georgia Sales Tax Act.
Senator Brown of the 52nd moved that the Senate agree to the House amend ment to SB 42.
On the motion to agree, the ayes were 39, nays 0, and the amendment was agreed to.
HB 485. By Messrs. Kidd and Chandler of Baldwin:
A bill to amend an act making provision for coverage of certain officers and employees of political subdivisions of the State under the Old-Age and Survivors Insurance Act; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill of the House was taken up for the purpose of considering a Conference Committee report thereto:
HB 21. By Messrs. Lanier of Candler, Parker of Appling and others:
A bill to amend an act providing for the regulation of sale of livestock at auction, to change bonding requirements; and for other purposes.
FRIDAY, FEBRUARY 20, 1959
603
The Conference Committee report was as follows:
Mr. President: Mr. Secretary:
Your Committee on Conference appointed on HB 21 has met and drawn the following substitute for HB 21.
We recommend that the attached substitute for HB 21 be adopted.
Lanier of Candler Parker of Appling Rogers of Heard
On the part of the House
Clary of the 29th Doster of the 48th McGill of the 50th
On the part of the Senate
A BILL
To be entitled an act to amend an act providing for the regulation of the sale of livestock at auction, approved March 7, 1956 (Ga. Laws 1956, p. 501), as amended by an act approved March 25, 1958 (Ga. Laws 1958, p. 309), so as to change the bonding requirements at such establishments; to delete the minimum bond requirement; to provide that bonds required and obtained under federal law shall be accepted in lieu of such bond; to provide for injunction; to provide for reports of purchases and sales and the submission of information; to authorize the Commissioner of Agriculture to accept certain insurance as satis faction of the bonding requirements provided herein; to provide for a permit and a bond for persons conducting a special sale; to provide the bond thereof and the procedure connected therewith; to provide a penalty for violation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. An Act providing for the regulation of the sale of livestock at auction approved March 7, 1956 (Ga. Laws 1956, p. 501), as amended by an Act approved March 25, 1958 (Ga. Laws 1958, p. 309) is hereby amended by striking Section 2 in its entirety and in lieu thereof inserting the following:
"Section 2. No person shall operate a sales establishment for the sale of livestock at auction unless he has then in force a bond in an amount of not less than l/52nd of the total sales of that establishment for the last calendar year before any such sale is held or in an amount of fifty thousand ($50,000.00) dollars, which ever is less. Any person who is operating such a sales establish ment under the supervision of the federal government, and who has complied with the requirements for posting under the Packers and Stockyards Act, shall not be required to furnish an additional bond, it being the intent and purpose hereof to provide that com pliance with the Packers and Stockyards Act to be a full satis faction of the bond requirement provided herein."
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Section 2. Said Act as amended is further amended by striking Section 3 in its entirety and in lieu thereof inserting the following:
"Section 3. Ns> dealer shall purchase livestock at any sales establishment unless he has then in force a bond in an amount of not less than l/52nd of the total purchases made by him during the calendar year next preceding the year in which the purchase is made or in an amount of not less than fifty thousand ($50,000.00) dollars, whichever is lesser. The provisions of this section shall not be applicable to nor shall a bond be required of a dealer who purchases livestock at sales establishments for cash only. Com pliance with the bonding requirements of any dealer purchasing from sales establishments operating under supervision of the federal government shall be a satisfaction of the bonding require ment specified herein."
Section 3. Said act as amended is further amended by adding a new section to be known as "Section 7 A", to read:
"Section 7 A. In addition to the remedies provided in this Act and notwithstanding the existence of any remedy at law, the Commissioner is hereby authorized to apply to the Superior Court and such Court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction or restrain ing order, or both, restraining any person from violating, or con tinuing to violate, any of the provisions of this Act, or for failing or refusing to comply with the requirements of this act or any rule or regulation adopted by the Commissioner. Such injunction shall be issued without bond. Such injunction may be issued not withstanding the pending of any criminal or civil action."
Section 4. Said act as amended is further amended by adding a new section to be known as "Section 7B", to read:
"Section 7 B. It shall be the duty of each sales establish ment to report to the Commissioner not later than March first of each year the total sales of such establishment for the preceding calendar year. It shall be the duty of each dealer to report to the Commissioner not later than March first of each year the total purchases of such dealer for the preceding calendar year. The Commissioner may prescribe the form of such reports and the failure to submit the information hereinabove required shall be sufficient grounds to revoke the license of any such sales establish ment or dealer. At the time the above report is made, each sales establishment and each dealer shall submit proof to the Commis sioner of compliance with the bonding requirements of this Act."
Section 5. Said Act as amended is further amended by adding a new section to be known as "Section 7 C", to read:
"Section 7 C. The Commissioner of Agriculture is authorized to accept as satisfaction of the bonding requirements provided herein evidence that a sales establishment or dealer has insurance coverage with a corporate surety authorized to do business in this State, insuring the payment of all checks issued by the sales estab lishment or dealer in payment for the purchase of livestock."
Section 6. Said act as amended is further amended by adding a new section to be known as "Section 7 D", to read:
FRIDAY, FEBRUARY 20, 1959
605
"Section 7 D. The Commissioner of Agriculture is authorized to prescribe rules and regulations for the operation of special sales. 'Special sale', as used herein, shall mean a sale held by a dealer or a licensed sales establishment at a time other than the regular sale of the dealer or the sales establishment. It shall also include all sales except regular sales at sales establishments and sales by farmers of livestock owned by the farmer on the property of the farmer. No person shall hold a special sale without obtaining a permit therefor from the Commissioner, which shall be granted by the Commissioner without charge upon submission to the Com missioner of proof satisfactory to the Commissioner that the person applying for the permit is bonded, as herein provided, in an amount equal to the anticipated proceeds of the sale. Any person who shall violate the provisions of this section shall be guilty of a misde meanor and, upon conviction thereof, shall be punished as provided by law."
Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator McGill of the 50th moved that the Senate agree to the Conference Committee report.
On the motion to agree, the ayes were 35, nays 0, and the Conference Committee report was adopted.
The president appointed as a committee of escort for His Excellency, The Governor, the following:
Senators Crowe of the 10th, Skelton of the 30th, Gearreld of the 37th, Adams of the 22nd and Land of the 21st.
Governor Ernest Vandiver, accompanied by the committee of escort, entered the Senate chamber.
President Byrd introduced Governor Vandiver with the following remarks: Governor Vandiver, President Pro Tern Sanders, and members of this State Senate:
It is with both a feeling of pride that I can turn to you, Governor Vandiver, and say:
The members of the Georgia State Senate of 1959 wish to express their gratitude that they have been able to have a part in enacting the laws you have requested--the program to keep Georgia strong, solvent, and sovereign.
I know that every member of this Senate is proud that he has been able to take part in the program you proposed--for we know that it has been care fully and wisely prepared.
It also affords me a great deal of personal pleasure to be able to present to this State Senate the gentleman who, for the four years just past, served as its president.
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I am honored, and I am humble, that I now have the privilege of serving in this post--which he so capably filled these past four years.
This session of our General Assembly will be recorded as one of the most significant, one of the most far reaching, one of the most constructive of all times.
We have passed laws which assure that there will be honesty and integrity in our state government.
We have begun the program of reorganization, to bring about the greatest degree of efficiency and economy--to assure the continuing of services to the people of Georgia--at the lowest cost.
We have placed laws on our statute books to protect the sovereignty of our state against those who would usurp it, by destroying our time-honored customs and traditions.
We, in this Senate, by our actions have shown to you, Governor,--to the people of Georgia--and to the nation--that we are 100 per cent firmly with you --we believe in your program--and we shall do everything we can to help carry it out.
The leadership you have already demonstrated, in just these few first weeks of your administration, has shown without question that you are the kind of chief executive the people of Georgia want.
Your wisdom, your forethought, your patience, your determination, your dedication--these qualities of character speak well for the future of our beloved state.
Governor Vandiver--I don't need to tell you that you can count on the con tinued willing cooperation and support of this state senate in the future--the record of what we have done proves that ....
It is with the greatest of pleasure that I now present his excellency, Gov ernor Ernest Vandiver ....
Governor Vandiver addressed the Senate with the following remarks:
LIEUTENANT-GOVERNOR BYRD AND MY FRIENDS OF THE GEORGIA STATE SENATE:
It is a pleasure for me to be afforded this privilege, to come before you briefly, to express my deep personal satisfaction and heartfelt appreciation, for the far-reaching and constructive legislative session, which you are now concluding.
It is a source of gratification for me, to have worked with each of you on the closest terms, and I look forward to a continuance of this productive rela tionship, in the ensuing months and years ahead.
FRIDAY, FEBRUARY 20, 1959
607
You have gone about your work quietly, and in a business-like manner, which attest the fact that the General Assembly of the State of Georgia, has regained its rightful place, as an equal and coordinate branch of the State government.
The NAACP has rejected these proposals for partial surrender, and has de manded total integration, in all phases of Southern life and activity.
It has demanded that the Delaware Board of Education, totally desegregate all public schools in September, a demand which Georgians are happy to hear, has been firmly rejected by that border state.
North Carolinians who thought they could get by with "a little mixing", now find themselves the target of law suits seeking total integration.
We want no integration in Georgia--neither token nor total!!
And I say to you members of the Legislature here, if it becomes necessary, I will keep the Assembly in session as long as need be, to afford the means of protecting Georgia people in this fight.
Permit me to express to Lieutenant-Governor Byrd my warm commendation, for the able, fair and effective way he has presided over this Body, during the session.
Allow me also to express to the other officers and members of the Senate, my heartfelt appreciation, for the wonderful spirit of cooperation and under standing, show nme and my administration in the initial stages, and in the implementation of our program.
Your patience, your kindness, your friendship, long will be cherished and remembered by me.
May God be with you until we meet again.
I will not at this time, detail the constructive legislation that you have passed at this session, other than to say, that its beneficial effects will be felt in Georgia for decades to come.
You also deserve the praise of every citizen of Georgia, for having done all that you can up to this time, to preserve separation of the races in the edu cational institutions in this State.
You have told the whole nation, that the present State administration and the Georgia General Assembly, are dedicated in their resolve, not to surrender Georgia schools and colleges to the Federal government, for any purpose, any where, at any time.
It is a matter of encouragement, and a source of inspiration to the entire Southland, that the people of Warren County, Virginia, said on yesterday, to Federal Judge John Paul, that they are not willing to offer up their children, to carry out his order for integration of the Front Royal High School.
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During the last few days we have heard little about "token integration".
It seems as though, the so-called "token integrationists" have been busy with other things.
The rug has been pulled out from under those, counseling "token integra tion".
The test in each instance lies in a single criteria: Does it serve the public interest, and do the masses of the people of Georgia, benefit by such an expendi ture?
I want to assure you gentlemen, and the people of Georgia, that is a question which Ernest Vandiver and the Economy and Reorganization Committee, will be asking often between now and the time you reconvene.
I regret to inform the members of the General Assembly, that in reviewing the records of various Departments, that instance after instance of graft, cor ruption and misappropriation of public funds are coming to light almost daily.
Conditions are far worse than were expected.
A general indifference permeated the entire State establishment, resulting in breach after breach of the public trust, ranging from petty defalcation to grand larceny.
I want to assure you elected officials, who are closest to the people of this State, and the people of Georgia themselves, that the perpetrators of wrong doing will be prosecuted to the fullest extent of the law, and all of the resources of the State government will be thrown into such prosecution.
That applies to public officials and employees--past, present and future.
We have set about, you and I, to place Georgia's government on a sound business footing, the concrete results of which, already are being felt throughout the entire State establishment, from the Governor's Office down through every Department and Agency of the State.
Right here, I want to express my appreciation to the capable, hard-working, conscientious, career personnel in the State government, who have buckled down, and are turning in a days work for a days pay.
Morale and efficiency in the State government, are being restored as rapidly as possible.
I want it distinctly understood, that I am looking to the Department and Agency heads, to see to it that the functions over which they preside, are so conducted that they will warrant the full confidence, of the people of this State.
You have authorized the creation of an Economy and Reorganization Com mittee, which I will activate within a few days.
FRIDAY, FEBRUARY 20, 1959
609
I want to assure you, that this study is going to be thorough and penetrating, and that we are going to look in the dark corners, as well as in those where the light shines.
I am giving ample notice now, to all of those concerned with the administra tion of the State government, that they proceed immediately where necessary, to be able to justify each and every expenditure that they are making.
I take pride in the fact, that it has been possible for the Executive to work on equal terms, with members of your Legislative branch, and that we have done so in an atsmosphere of mutual respect, and give and take, all of us respecting the views and opinions of each other.
You may well look with pride upon what you have done at this session.
There has been no bickering nor inconsequential time-wasting quarrels.
No one has tried to exert undue pressure on the other.
You have undertaken a stronger and more effective program of committee work, which I am confident is going to pay immense dividends, in better legisla tion, and in better State government in the future.
Some of the legislation which you have passed at this session, will stand as a hallmark in the future, as the beginning of a new day in Georgia.
This 1959 General Assembly of Georgia, has set in motion powerful forces, the result of which, will mean better, more economical and efficient government, and public service for every man, woman and child in the State.
This 1959 General Assembly, has recognized that the organizational struc ture of the State government, attuned to the needs and demands of the thirties, will not suffice today.
The following bill was taken up for the purpose of considering House action thereto:
SB 83. By Senator Sanders of the 18th and Senator Jordan of the 25th:
A bill to amend an act establishing an employees' retirement system, so as to stipulate conditions of membership; and for other purposes.
The House offered the following amendment:
The State of Republic Committee moves to amend SB 83 by striking the period after the word "excluded" in Section 2 thereof and adding thereto the following:
Provided, however, that any present member of the system who rejected membership may pay into the system the amount of deductible contributions that would have been paid by such member together with interest on said amount equal to the amount of inter est earned by the retirement system at 3%% per annum had the amounts been paid in during the period, and thereby be entitled
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to all prior and creditable service credits from the year 1949.
Senator Sanders of the 18th moved that the Senate agree to the House amendment to SB 83.
On the motion, the ayes were 37, nays 0, and the amendment was agreed to.
HB 487. By Mr. Twitty of Mitchell:
A bill to provide that where two or more persons hold land as life tenants, one of such tenants may compel a partition which may find all parties interested; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 489. By Messrs. Lanier of Candler and Ray of Warren:
A bill relating to powers and duties of County Boards of Health; to provide for right of administative hearing by County Board of Health; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 491. By Messrs. Lanier of Candler and Ray of Warren:
A bill relating to powers and duties of State Board of Health; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following resolution was taken up for the purpose of considering a Conference Committee report therto:
HR 161. By Messrs. Hollis of Muscogee, Wilkes of Cook and McCracken of Jefferson:
A resolution creating a committee to study HB 115; and for other purposes.
FRIDAY, FEBRUARY 20, 1959
611
The Conference Committee report was as follows:
Mr. President and Mr. Speaker:
Your conference committee on HR 161 respectfully submits the following report:
Your committee believes that it is essential that enough members of the House and Senate be on the committee to thoroughly familiarize themselves with the provisions of the proposed insurance code, HB 115. Your committee further believes that it is essential that, if it should become necessary, the committee be authorized to extend its work for whatever period may prove necessary.
Your committee therefor, moves to amend HR 161 as follows:
1. By striking the word "10 members" in line 3 of paragraph 4 and inserting in lieu thereof the word "8 members."
2. By striking the word "5 members" in line 4 of paragraph 4 and inserting in lieu thereof the words "4 members."
3. By striking the period between the words "committees" and "the committee" in line 17 of paragraph 4 and inserting in lieu thereof the following:
", not exceeding 30 days; provided, however, said time may be extended with the joint approval of the Speaker of the House and the President of the Senate."
Respectfully submitted:
Wright of the 42nd Cannon of the 40th Barrett of the 32nd
On the part of the Senate.
McCracken of Jefferson Hollis of Muscogee Wilkes of Cook
On the part of the House.
Senator Wright of the 42nd moved that the Senate adopt the Conference Committee report to HR 161.
On the motion to agree, the ayes were 37, nays 0, and the Conference Com mittee was adopted.
HB 493. By Messrs. McClelland and Brooks of Fulton:
A bill to amend an act relative to admissions and communications ex cluded from consideration of public policy to provide that communica tions between Psychiatrist and Patient shall be privileged; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
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JOURNAL OF THE SENATE,
The bill, having received the requisite constitutional majority, was passed.
HR 26. By Mr. Green of Laurens: A resolution to compensate Mrs. Earl Hilburn; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution, involving an appropriation, a roll call was ordered and the vote was as follows:
Those voting in the affirmative were Senators:
Adams Barrett of 32nd Breedlove Brooks Brown Carlisle Clary Crowe Darby Doster Drew Dykes Edenfield
Gearreld Greer Hays Holt Holton Home Jerningan Lanier Lindsey of 63rd Livingston Marshall Marshburn Mercer
Mobley McGill Pannell Perry Ramsey Roach Roper Sanders Shaw Skelton Vaughn Watson Wright
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 39, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 56. By Messrs. McKenna and Wilson of Bibb:
A resolution authorizing compensation to A. W. Tidwell; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution, involving an appropriation, a roll call was ordered and the vote was as follows:
Those voting in the affirmative were Senators:
Adams
Barrett of 32nd Breedlove Brooks Brown Carlisle
Clary
Crowe Darby Doster Drew Dykes
Edenfield
Gearreld Greer Hays Holt Holton
FRIDAY, FEBRUARY 20, 1959
613
Home Jernigan Lanier Lindsey of 53rd Livingston Marshall Marshburn
Mercer Mobley McGill Pannell Perry Ramsey Roach
Roper Sanders Shaw Skelton Vaughn Watson Wright
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 39, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 63. By Mr. Trotter of Troup: A resolution compensating Mrs. E. R. Aldredge; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution, involving an appropriation, a roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Senators:
Adams Barrett of 32nd Breedlove Brooks Brown Carlisle Clary Crowe Darby Doster Drew Dykes Edenfield
Gearreld Greer Hays Holt Holton Home Jernigan Lanier Lindsey Livingston Marshall Marshburn Mercer
Mobley McGill Pannell Perry Ramsey Roach Roper Sanders Shaw Skelton Vaughn Watson Wright
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 39, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 84. By Mr. Rowland of Johnson:
A resolution to compensate Mr. Howard R. Johnson; and for other purposes.
614
JOURNAL OF THE SENATE,
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution, involving an appropriation, a roll call was ordered and the vote was as follows:
Those voting in the affirmative were Senators:
Adams Barrett of 32nd Breedlove Brooks Brown Carlisle Clary Crowe Darby Doster Drew Dykes Edenfield
Gearreld Greer Hays Holt Holton Home Jernigan Lanier Lindsey of 53rd Livingston Marshall Marshburn Mercer
Mobley McGill Pannell Perry Ramsey Roach Roper Sanders Shaw Skelton Vaughn Watson Wright
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 39, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 173. By Messrs. Paris of Barrow, Odom of Dougherty, Pelham of Schley, Irwin of Habersham and Magoon of Hart:
A resolution to compensate the Savannah Real Estate Board, Inc.; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution, involving an appropriation, a roll call was ordered and the vote was as follows:
Those voting in the affirmative were Senators:
Adams Barrett of 32nd Breedlove Brooks Brown Carlisle Clary Crowe Darby Doster Drew
Dykes Edenfield Gearreld Greer Hays Holt Holton Home Jernigan Lanier Lindsey of 53rd
Livingston Marshall Marshburn Mercer Mobley McGill Pannell Perry Ramsey Roach Roper
FRIDAY, FEBRUARY 20, 1959
615
Sanders Shaw
Skelton Vaughn
Watson Wright
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 39, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following bill was taken up for the purpose of considering House action thereto:
SB 127. By Senator Ramsey of the 1st:
A bill to amend section 76-202 of the 1933 Code of Georgia, relating to breach of peace bond by stipulating population of counties in which it is applicable; and for other purposes.
The House amendment was as follows:
Mr. Cheatham of Chatham moved to amend SB 127 as follows: Change caption to 150,000 in place of 100,000.
Senator Ramsey of the 1st moved that the Senate agree to the House amendment to SB 127.
The motion prevailed and the House amendment was agreed to.
The following resolution was read and adopted:
HR 257. By Mr. Twitty of Mitchell:
A resolution' by the House of Representatives, the Senate concurring, that the House and the Senate stand adjourned at three o'clock P.M. on Friday, February 20, 1959, until 10:00 A.M., Monday, January 11, 1960.
HR 79. By Mr. Steis of Harris:
A resolution to relieve T. G. Harmon the security on an Appearance Bond; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 35, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 85. By Messrs. Twitty of Mitchell and Smith of Emanuel: A resolution confirming and approving reciprocal agreements entered
616
JOURNAL OF THE SENATE,
into by the Georgia Public Service Commission as provided in sections 68-1003 and 68-1004 of the Code of Georgia of 1933, as amended; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 36, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 148. By Messrs. Undercofler and Jones of Sumter:
A resolution authorizing the Governor of Georgia to act on behalf of the State to convey to Sumter County, Georgia, the described property in fee simple, in consideration of Sumter County, Georgia, conveying to the State of Georgia fee simple title to the following described property; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 34, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following bill was taken up for the purpose of considering House action thereto:
SB 125. By Senators Redwine of the 26th, Perry of the 24th and Wright of the 42nd:
A bill to amend the act relating to the regulation of rates for casualty insurance (Ga. Laws 1947, p. 1506), so as to change the procedure relating to the approval and disapproval of rate filings; and for other purposes.
The House offered the following amendment:
Mr. Orr of Wilkes moves to amend SB 125 by amending section 3 of said act which amends Section 5 (a) of the original act by striking from said act the words "the Commissioner may also, in his discretion, give advance public notice of such hearing by publication of notice in one (1) or more daily newspapers of general circulation in this State", and substituting in lieu thereof the following: "the Commissioner shall give advance notice in one (1) or more daily newspapers of general circulation in this State."
Senator Redwine of the 26th moved that the Senate agree to the House amendment to SB 125.
FRIDAY, FEBRUARY 20, 1959
617
On the motion to agree, the ayes were 35, nays 0, and the amendment was agreed to.
The following bill was taken up for the purpose of considering House action thereto:
SB 74. By Senators Redwine of the 26th, Perry of the 24th, Drew of the 12th and others:
A bill to provide for public hearings in connection with rate filings by insurance companies or rating organizations, pursuant to the act ap proved March 28, 1947; to provide for appeals from the decision of the Insurance Commissioner under said act; and for other purposes.
The House amendments were as follows:
Mr. Hollis of Muscogee moves to amend SB 74 by striking the word "of" in line 6 of page 8 and substituting therefor the word "or".
Mr. Orr of Wilkes moves to amend SB 74 by striking from Section 3 of said bill, which amends Section 5 (a) of the original act, the words "the Commissioner may also, in his discretion, give advance public notice of such hearing by publication of notice in one (1) or more daily newspapers of general circulation in the State" and substituting in lieu thereof the following: "the Commissioner shall give advance public notice of such hearing by publication of notice in one (1) or more daily newspapers of general circulation in this State."
Senator Redwine of the 26th moved that the Senate agree to the House amendments to SB 74.
On the motion to agree, the ayes were 35, nays 0, and the amendments were agreed to.
HR 181. By Messrs. Gowen and Killian of Glynn:
A resolution authorizing the Governor to execute and deliver to the United States of America a deed conveying right and privilege of de positing on a certain tract of marsh land any and all spoil and other matter excavated in the improvement and maintenance of Brunswick Harbor, Georgia; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 37, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 147. By Mr. NeSmith of Meriwether:
A resolution authorizing the conveyance of certain property presently being used by the Department of Public Safety and located in Meri wether County; and for other purposes.
618
JOURNAL OF THE SENATE,
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 36, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following communication was read by the secretary:
Lt. Gov. Garland T. Byrd President of the Senate State Capitol Atlanta, Georgia Dear Lieutenant Governor Byrd:
I herewith tender my resignation as president pro-tern of the Senate effec tive this date.
In so doing, please allow me to express to you and the members of the Senate my deep appreciation for the honor which you bestowed upon me. It was a privilege to serve in this Senate and the friendships and associations formed here will always be cherished by me.
Let me commend you and the members of the Senate for the work you have accomplished during this session. As I go to another post in the state govern ment, please be assured of my interest in the members of this Senate. I look forward to continued friendship and association with you.
With warmest personal regards to you and each member of this Senate, I am
Sincerely yours, Robert H. Jordan Senator, 25th District
RHJ:akg
The president, with words of great appreciation for the services rendered by Senator Jordan, accepted the resignation.
Senator Jordan, being president pro-tern of the Senate, the president an nounced that nominations were in order to fill that vacancy.
Senator Greer of the 6th placed in nomination for president pro-tern Sena tor Carl Sanders of the 18th.
Senator Crowe of the 10th seconded the motion.
Senator Brown of the 52nd also seconded the motion.
By unanimous consent, the nominations were declared closed and the presi dent instructed the secretary to cast the vote of the entire Senate for the nomi nee, and the consent was granted.
FRIDAY, FEBRUARY 20, 1959
619
The president declared Senator Sanders duly elected president pro-tem of the Senate.
Senator Sanders responded with a short address of appreciation.
HR 159. By Messrs. Parker and Hodges of Ware, Matthews of Clarke and Busbee of Dougherty:
A resolution creating the Juvenile Detention Homes Committee; and for other purposes.
The Committee on Rules offered the following amendment:
Amend HR 159 by striking out the words "15 days except upon consent of the speaker of the House and the president of the Senate in which event no member shall receive pay for more than 30 days", being the last sentence in the next to last paragraph; and by adding in place of said sentence the words: "no member shall receive pay for more than ten (10) days service on said committtee."
On the adoption of the amendment, the ayes were 36, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.
On the adoption of the resolution, the ayes were 37, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
The following resolutions were read and adopted:
SR 59. By Senator Sanders of the 18th and Jordan of the 25th:
A resolution authorizing the Senate Administrative Affairs Committee to remain at the Capitol ten (10) days after adjournment at the pre scribed per diem for the purpose of finishing the business; and for other purposes.
SR 60. By Senator Marshburn of the 33rd:
A resolution expressing appreciation to the officers and staff of the Senate; and for other purposes
SR 61. By Senator Sanders of the 18th:
A resolution to provide for reimbursement to the Lieutenant Governor and/or President of the Senate and Secretary of the Senate for certain expenses; and for other purposes.
SR 62. By Senator Sanders of the 18th:
A resolution commending the Southern Bell Telephone and Telegraph Company employees for the service they have rendered to the members
620
JOURNAL OP THE SENATE,
of the Senate in placing and receiving their telephone calls during this session; and for other purposes.
SR 63. By Senators Perry of the 24th and Brown of the 52nd:
A resolution to commend Major General George G. Pinch for long and honorable service rendered to the State of Georgia and to the United States of America; and for other purposes.
SR 64. By Senator Kennedy of the 47th:
A resolution that the Penal and Correctional Affairs Committee of the Senate be authorized to visit the said institutions of the State, during the interim between sessions; and for other purposes.
SR 65. By Senator Vaughn of the 34th:
A resolution relative to the Junior Chamber of Commerce condemnation of the recent temple bombing of Atlanta.
SR 66. By Senator Vaughn of the 34th:
A resolution concerning an investigation of the Juvenile Court System of Georgia; and for other purposes.
SR 67. By Senator Cannon of the 40th:
A resolution that the Health and Welfare Committee of the Senate be authorized to visit the said institutions of the State during the interim between sessions; and for other purposes.
SR 68. By Senators Cannon of 40th and Greer of 6th:
A resolution commending Senator Eldridge Perry for his outstanding service to the members of the Senate; and for other purposes.
HR 218. By Mr. White of Mclntosh:
A resolution creating a committee to study water pollution in Georgia; and for other purposes.
Senator Pannell of the 43rd moved that HR 218 be referred to the Committee on Rules.
On the motion, the ayes were 29, nays 9.
The motion prevailed, and HR 218 was referred to the Committee on Rules.
HR 167. By Mr. McKemie of Clay:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the establishment, acquiring, constructing, improving and operating municipal port and terminal facilities in the City of Fort Gaines and Clay County; to prescribe the procedure connected therewith; to author-
FRIDAY, FEBRUARY 20, 1959
621
ize Clay County to contract with the City of Fort Gaines with respect to municipal port and terminal facilities; to provide for the financing of such facilities; to authorize the condemnation of property or the acquisition of rights-of-way by contract or purchase or by other means as now provided by law, in connection with said municipal port and terminal facilities; to repeal conflicting laws and constitutional pro visions; to provide for submission of the amendment for ratification or rejection and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article VII, Section VII, Paragraph I of the Constitution, is hereby amended by adding at the end thereof the following:
The governing body of Clay County is hereby authorized to establish, acquire, construct, maintain, operate, improve, and ad minister municipal port and terminal facilities in said county. In order to accomplish the foregoing, the governing authority is here by authorized to acquire lands, rights-of-way, waterways, wharves, warehouses and all other equipment and appurtenances useful or convenient in connection therewith by contract or purchase or by the power of eminent domain, and to create indebtedness, and to issue revenue anticipation certificates and/or general obligation bonds but the amount of such bonds outstanding at any one time shall not exceed $_________, in addition to the seven per cent (7%) limitation now imposed by the Constitution. The governing body of said county is hereby given full authority to determine the aggregate amount of bonds to be issued from time to time, the maturity dates not to exceed 30 years from date of issue, the date of issuance and other details incident to the issuance and sale of said bonds. Such bonds may be issued after submitting the question of such issuance to the voters of the county and the approval of such issuance by a majority of the qualified voters of said county voting on such questions. In the event such bonds are issued, the governing body shall provide for the assessment and collection of an annual tax on all the property in said county subject to taxation for bond purposes sufficient to pay the principal of and interest on said bonds as the same mature. The aforesaid governing body is further authorized to levy a tax, fee or charge as necessary to assure the acquisition, construction, equipping, and, thereafter, operating, maintaining and extending municipal port and terminal facilities; to contract with the governing authority of the City of Fort Gaines relative to the establishment, construction, mainte nance, financing, administration, operation and use of such munici pal port and terminal facilities, and such contract may include provisions relative to the joint operation of the aforesaid municipal port and terminal facilities with any municipal port and terminal facilities now or hereafter created in or by the City of Fort Gaines.
SECTION 2.
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon,
622
JOURNAL OF THE SENATE,
the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended. Such pro posed amendment shall be submitted as provided in said paragraph.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide for the establishment and financing of municipal port and terminal facilities in Clay County and to prescribe the procedure connected therewith."
"Against ratification of amendment to the Constitution so as to provide for the establishment and financing of municipal port and terminal facilities in Clay County and to prescribe the pro cedure connected therewith."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall issue his proclamation thereon.
Senator Lindsey of the llth offered the following amendment:
Amend HR 167 by striking from the first line of page 2 the words "revenue anticipation certificates and/or" and by placing in the blank on line 3 of page 2 the figures "$50,000", and by adding at the end of section 1 a new sentence to be as follows: "The governing body of said county may also issue revenue anticipation bonds without limit and pledge to the payment thereof all revenues received from such port and terminal facilities."
On the adoption of the amendment, the ayes were 36, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.
The resolution, proposing an amendment to the Constitution, a roll call was ordered and the vote was as follows:
Those voting in the affirmative were Senators:
Adams Barrett of 45th Breedlove Brooks
Brown Buff Cannon Carlisle
Clary Crowe Culpepper Darby
FRIDAY, FEBRUARY 20, 1959
623
Doster Gearreld Greer Holt Holton Home Jernigan Jordan Kennedy Land
Lindsey of 53rd Livingston Marshall Marshburn Mercer McGill Nixon Pannell Perry Purcell
Ramsey Redwine Roach Roper Sanders Shaw Skelton Slade Vaughn Watson
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 42, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted as amended.
HR 168. By Messrs. Jones of Worth, Branch of Tift, Bostick of Tift and Hudson or Irwin:
A resolution to clarify certain designations of routes on the Jefferson Davis Highway; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 35, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 195. By Messrs. Odom of Camden and Bagby of Paulding:
A resolution to create a committee to study the compensation of the members of the General Assembly; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 35, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following resolution was read and adopted:
HR 130. By Mr. Gowen of Glynn:
A resolution creating a committee to study the Uniform Commercial Code; and for other purposes.
624
JOURNAL OF THE SENATE,
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has agreed to the Senate amendments/substitutes to the follow ing bills of the House, to-wit:
HB 181. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to be entitled an act to create and establish the Recorder's Court of DeKalb County; and for other purposes.
HB 192. By Mr. Smith of Fulton:
A bill to be entitled an act declaring it to be an offense for any person to be in possession of and have upon his person any motor vehicle driver's license other than his own; and for other purposes.
HB 307. By Messrs. McCracken of Jefferson, Fuqua, Fleming and Edwards of Richmond:
A bill to be entitled an act to amend an act to authorize the governing authorities of the several municipalities and counties to establish a separate or joint planning commission; and for other purposes.
HB 395. By Messrs. Bagby of Paulding, Keever of Bartow, and others:
A bill to be entitled an act to amend an act providing for retirement benefits for the Ordinaries; and for other purposes.
HB 474. By Messrs. Lowrey and Scoggin of Floyd, Kelly of Jasper, and others:
A bill to be entitled an act to amend an act known as the "Agricultural Commodities Authority Act, so as to include eggs in the provisions of said Act; and for other purposes.
HB 507. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to be entitled an act to establish a commission in DeKalb County to study the governments of DeKalb County and the municipalities located therein for the purpose of improving local governments and to further provide greater efficiency and economy; and for other purposes.
HB 565. By Mr. Barber of Jackson:
A bill to be entitled an act to amend an act creating a Board of Com missioners of Roads and Revenues for Jackson County; and for other purposes.
HB 566. By Mr. Barber of Jackson:
A bill to be entitled an act to amend an act incorporating the City of Commerce, so as to change the corporate limits; and for other purposes.
The House has adopted the Conference Committee Report on the following resolution and bill of the House, to-wit:
FRIDAY, FEBRUARY 20, 1959
625
HR 161. By Messrs. Hollis of Muscogee, Wilkes of Cook and McCracken of Jefferson:
A resolution creating a committee to study HB 115; and for other purposes.
HB 21. By Messrs. Lanier of Candler, Parker of Appling, and others:
A bill to be entitled an act providing for regulating the sale of livestock at auction, to change bonding requirements of such establishments; and for other purposes.
The House has passed, or adopted, the following bills/resolutions of the Senate, to-wit:
SB 36. By Senator Doster of the 48th:
A bill to be entitled an act to amend an act authorizing the Commis sioner of Agriculture to establish Farmers Markets in this State, as amended, to clarify the status of such markets; and for other purposes.
SB 37. By Senator Doster of the 48th:
A bill to be entitled an act to amend an act known as the "Georgia State Warehouse Act" to authorize the Commissioner of Agriculture to appoint a State Warehouse Director; and for other purposes.
SB 46. By Senators McGill of 50th, Mobley of 17th, and others:
A bill to be entitled an act to amend Code section 5-9914, as amended, relating to the failure to pay for agricultural products, to extend the provisions to all sales of such products; and for other purposes.
SB 75. By Senators Carlisle of 51st and Greer of 6th:
A bill to be entitled an act to authorize the General Assembly or any committee thereof to hold hearings relative to proposed legislation; and for other purposes.
SB 85. By Senators Sanders of 18th, Watson of 36th and Holt of 54th:
A bill to be entitled an act providing for retirement benefits for the Ordinaries of Georgia, so as to provide that no rights shall be divested by said act, to waive any claim of said funds; and for other purposes.
SB 107. By Senators Jordan of 25th and Sanders of 18th:
A bill to be entitled an act to amend the act known as the Mineral Leasing Commission Act, to strike the limitation on quantity of lands leased; and for other purposes.
SR 17. By Senator Doster of the 48th:
A resolution relative to the inspection of livestock slaughtered in this State; and for other purposes.
626
JOURNAL OP THE SENATE,
SR 18. By Senator Doster of the 48th:
A resolution relative to the improvement of the State Farmer's Mar kets; and for other purposes.
SR 21. By Senator Land of the 21st:
A resolution to designate the H. A. Fountain Bridge; and for other purposes.
SR 37. By Senators Jordan of 25th and Sanders of 18th:
A resolution authorizing the Secretary of State as a Surveyor General of Georgia to contract for the survey and topographing of the Georgia Atlantic Coast Line; and for other purposes.
SR 45. By Senator Clary of 29th:
A resolution creating a joint committee of inquiry into the maintenance of hospital facilities for veterans and other veterans and related facili ties; and for other purposes.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has agreed to the Senate amendments to the following resolutions of the House, to wit:
HR 159. By Messrs. Parker, and Hodges of Ware, Matthews of Clarke and Busbee of Dougherty:
A resolution creating a committee of the House and Senate to study Juvenile detention homes; and for other purposes.
HR 167. By Mr. McKemie of Clay:
A resolution proposing an amendment to the Constitution so as to provide for the establishment, acquiring, constructing, improving and operating municipal port and terminal facilities in the City of Fort Gaines and Clay County; and for other purposes.
HB 395. By Messrs. Bagby of Paulding, Keever of Bartow, Smith and Winkle of Whitfield and many others:
A bill to amend an act providing for retirement benefits for the Ordi naries; and for other purposes.
Senator Sanders of the 18th offered the following amendment:
Amend HB 395 by inserting in line 7 of the caption thereof after the semi-colon and before the word "and" the following:
"To provide that this Act shall in no way affect the rights of any former Ordinary who has retired under the provisions of an Act of the Legislature approved December 22, 1953, (Ga. Laws
FRIDAY, FEBRUARY 20, 1959
627
1953, November-December Session, p. 362) as subsequently amend ed;"
Amend HB 395 by striking the period at the end of Section 7 there of, inserting a comma in lieu thereof, and by adding the following:
"Provided, however, that the provisions of this Act shall in no way affect the rights of any former Ordinary who has retired under the provisions of an Act of the Legislature approved De cember 22, 1953 (Ga. Laws 1953, November-December Session, p. 362) as subsequently amended."
On the adoption of the amendment, the ayes were 36, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Ramsey of the 1st District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President: Your Committee on Senate Administrative Affairs has read and examined
the following bills and/or resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for trans mission to the Governor:
SB 26. SB 32. SB 34. SB 36. SB 37. SB 39. SB 40. SB 42. SB 43. SB 46. SB 47. SB 50. SB 51. SB 57.
628
SB 62. SB 63. SB 66. SB 67. SB 68. SB 69. SB 70. SB 71. SB 72. SB 73. SB 74. SB 75. SB 76. SB 78. SB 79. SB 81. SB 82. SB 83. SB 85. SB 87. SB 92. SB 93. SB 96. SB 97. SB 98. SB^ 105. SB 106. SB 107. SB 108. SB 112. SB 115. SB 116. SB 117. SB 118.
JOURNAL OF THE SENATE,
FRIDAY, FEBRUARY 20, 1959
629
SB 119. SB 120. SB 121. SB 122. SB 123. SB 125. SB 127. SR 17. SR 18. SR 20. SR 21. SR 33. SR 37. SR 38. SR 39. SR 45. SR 47. SR 49.
Respectfully submitted, Ramsey of the 1st District, Chairman.
The hour of adjournment having arrived, under the provisions of HR 257, the president announced the Senate adjourned until 10:00 o'clock, January 11, 1960.
OFFICERS
OF THE
STATE SENATE
1959-1960
PRESIDENT GARLAND T. BYRD......... .................. ..Lieutenant Governor
TAYLOR COUNTY
ROBERT JORDAN.. ........................ ................President Pro Tern
TALBOT COUNTY
GEORGE D. STEWART .._._..._............. Secretary
FULTON COUNTY
LAMONT SMITH................................ ....... Assistant Secretary
TATTNALL COUNTY
ERIC HOLMES.. .. .............. ..... ..................... Reading Clerk
DEKALB COUNTY
REBECCA CAUSEY... ....................................... .Journal Clerk
DOUGLAS COUNTY
ANN DUNCAN---..................................... Calendar Clerk
FULTON COUNTY
HENRY CASTLEMAN.......................................... ........Doorkeeper
FULTON COUNTY
KELLEY QUILLIAN ....................................... .........Messenger
BARROW COUNTY
FRANK BLANKENSHIP.............._..._.--...-Messenger to Secretary
FULTON COUNTY
Senate Journal 1959-1960
Regular Session
Part I--Alphabetical Index Part II--Senate Bills and Resolutions Part III--House Bills and Resolutions
INDEX
633
PART I ALPHABETICAL INDEX
(For numerical index, see Page 657)
Absentee ballots; change number days notice, HB 189------------------------------163, 170, 189, 271, 295, 408, 413
Acworth, Town of; amend charter, HB 285___----------263, 267, 313, 349, 354 Adairsville, City of; extend corporate limits, HB 413------333, 339, 380, 492, 509 Adairsville, City of; public utility service, HB 408--_.332, 338, 379, 492, 505, 535 Address by Honorable Garland T. Byrd.-----------__--------------.------24-27 Address by Honorable E. L. Forrester--------------________.__,,_------134 Address by Honorable Richard B. RusselL_.._.__----_----------__.._..____----324 Address by Honorable Herman Talmadge--__._.__._.__.__..___._._----------------324 Address by Governor Ernest Vandiver--._..__._.___..--...___----------16-24 Address by Governor Ernest Vandiver.------__--.__.__----------------34-45 Address by Governor Ernest Vandiver..__._.___._-..__..____._.-_...._.._.__.__._._._--605 Adjournment of House and Senate, HR 257-__----------_------_----------599, 615
Admissions; amend act providing for requests for admissions, HB 138--------._.._----------___-___-163, 168, 188, 316, 364
Aeronautics Advisory Board Act; amend, SB 15--------53, 60, 62, 77, 94, 143, 365 Agricultural and Natural Resources Committee;
make interim inspection, SR 40------__----.--------------305, 343, 494, 573 Agricultural College of Athens; provide for coliseum, HR 109---__------184, 193 Agricultural Commodities Authority Act;
include eggs, HB 474--------------....------------436, 439, 488, 547, 561, 624 Agricultural products; failure to pay,
penalty, SB 46----__-.....--------------------128, 151, 192, 198, 219, 625, 627 Albany, City of; candidates required to receive
majority of votes, HB 471-----------------410, 416, 441, 492, 510 Albany, City of; define corporate limits, HB 480----411, 417, 442, 492, 506, 536 Albany, City of; employees, pensions, HB 44....--------------97, 101, 116, 154, 177 Albany, City of; increase ad valorem taxes, HB 449--------370, 374, 421, 447, 454 Albany, City of; police and fire dept. under city mgr.,
HB 448--__------------------------------.-..-.370, 374, 421, 447, 453, 535 Albany, City of; water, gas, light commission, HB 479----411, 417, 442, 492, 511 Albany-Dougherty County; merger of school
system, HB 156-----.__.________..___._-----146, 149, 173, 208, 242 Aldredge, Mrs. E. R.; compensate, HR 63-_-------------477, 486, 543, 547, 613 "All-South Centennial Committee"; repeal
resolution creating, HB 301---__...___.._----------299, 306, 344, 383, 427 American Bible Society; appreciation, HR 155--------------------------------_303, 356 Americus, City of; amend charter, HB 276__--------.----229, 233, 255, 272, 287 Americus, City of; amend retirement system, HB 277----229, 233, 255, 272, 287 Appointments:
Bowdoin, Honorable Wm. R----._------------------------------_----_569 Bryan, Honorable Morris, Jr.--__._.._.__-_,,___,,_,,_,,_,,_------...._--------570 Camp, Honorable Charlie F.__--....----__.__...__._....__._------..__..569 Champion, Honorable Joe S------_----_____--------_--------....__----570 Collier, Honorable Chas. Alien----------__.....----------------------.___.570 Elliott, Honorable S. Herbert--.--_.---------__.----...--......------.--....570
Flynn, Honorable Homer R._.......____.._------------------------_------569
634
INDEX
Forrester, Honorable Jack__--._--_--.--_...__--..__--...___.-----__.___--_569 Geer, Honorable Peter Zack__._._...___.__.......__...._----------------.569 Gillis, Honorable Jas. L., Sr._--------_____._._._..___..__------.--------570 Harris, Honorable A. M., Sr.__,,..._.....____..........__........._...............570 Harrison, Honorable Samuel Talmadge--__.........._._...._.......__....._._.......570 Hearn, Honorable George J._.__.--._--.__.__......._----_---------------569 Johnson, Honorable Thomas M.__...___.._._______.........__--------570 Kemper, Honorable Alan.................____....__----------------__....___-570 Kimbrough, Honorable Wm. H.________--------------------._.._.._.............569 Loflin, Honorable Wm. P...........___........___._.____.,,.._..............__.......570 Massey, Honorable Abit--...------..._,,._._.,,----_._____.__--_.__.----.._._.__.569 Neal, Honorable Henry G--_--...._..--.--......._------------_----..._..._.......569 Norman, Honorable Robt. C._~_.____.....__-...__.___.__..__..__...____.570 Oxford, Honorable Dixon ___._._._._.._______,,._----____.--__..___569 Peyton, Honorable Garland.....--_........__.___--...__________......_._570 Smith, Honorable Jack Bryan--...----..._......................_.__.____..........570 Trippe, Honorable W. D........._...__.__------------.____.......................570 Wright, Honorable Ernest L._~----~_..._..___......_.._--.___._,,_._..__570 Armed Services; retirement (memorialize Congress), HR 53_~----..._.478, 536 Athens, City of; amend charter, fire fighting equipment, HB 200--------------------------------164, 170, 190, 209, 246 Athens, City of; Civil Service Commission, create HB 199..-------_----.--.--------------------_.164, 170, 199, 209, 246 Athens, City of; close certain street, HB 94.---__-- 99, 104, 118, 154, 179, 327 Atkinson County; compensation of ordinary, HB 244.__..... 227, 231, 254, 272, 286 Atlanta and West Point Railroad, Georgia Railroad; commend, HR 194.._--------___--------_._...._...___.__.._.......__.......__.478, 536 Atlanta, City of; amend charter, SB 40------.......100, 115, 132, 156, 181, 230, 627 Atlanta, City of; Board of Education, salaries, HB 492 .....411, 418, 442, 491, 512 Atlanta, City of; business licenses, HB 362------__.__.----301, 309, 345, 383, 389 Atlanta, City of; change corporate limits, HB 144----------163, 169, 188, 272, 282 Atlanta, City of; extend corporate limits to include Sandy Springs, HB 467...._____...___..__.__......___.-..410, 416, 441 Atlanta, City of; Judge Emeritus, HB 149........................... 227, 231, 253, 349, 351 Atlanta, City of; Land Lot 101, HB 153----....-.---...._.-261, 266, 312, 349, 351 Atlanta, City of; pension system for city officers and employees, SB 118...._..----.._..--.....__-335, 377, 424, 425, 433, 575, 628 Atlanta, City of; streets and road construction, HB 148 .....163, 169, 189, 383, 386 Atlanta, City of; teachers' pensions, HB 498....--.......412, 418, 443, 491, 495, 536 Atlanta, City of; water mains, SB 49__.._.._----------------____----__......129, 152 Atlanta-Fulton County Local Education Commission; amend, HB 141....._.------__________________.-------_...--125, 130, 153, 176, 179
Atlanta Judicial Circuit; Solicitor's compensation, HB 544 ________--__--_---________-__-473, 484, 541, 546, 591
Atlantic Coast Line, survey; Sec. of State as Surveyor General, SR 37-..--__._..____.,,265, 312, 317, 359, 407, 626, 629
Augusta, City of; payment of fees by candidates, HB 367--_301, 309, 346, 493 Augusta Port Authority; create, HB 354--...__._...._.__.300, 308, 345, 349, 388 Austell, Town of; change corporate limits, HB 553-.----.....471, 484, 541, 577, 593 Automobile License Tags, disabled veterans, issuance of
two free, HB 365_----_..___...........__._.___.....334, 338, 379, 446, 457
B
Bainbridge, City of; City Court, compensation of judge, HB 84.__.._________________________99, 103, 117, 132, 157
INDEX
635
Baker County; Board of Education, SR 20-----114, 132, 193, 391, 407, 574, 629 Baldwin County; election of county commissioners,
HB 29 ___.......________.._..___..-...............-...___._97, 100, 115, 154, 176 Baldwin, Town of; council meetings, HB 77__..___..__.98, 103, 117, 132, 157 Bank taxation; market value of stocks, HB 249...-----________262, 267, 313, 348, 362 Banks; investments in holding companies, HB 250--_.___.___.262, 267, 313, 362 Banks; loans on real estate, SB 47__.128, 152, 175, 180, 196, 414, 564, 566, 627 Banks; purchase of stocks and securities, SB 34....87, 104, 119, 120, 141, 576, 627 Banks; qualifications of directors, HB 229----------_302, 306, 343, 448, 457, 576 Banks County; compensation of clerk of Commissioners,
SB 66----------.--------__..............______166, 187, 208, 211, 247, 368, 628 Barber Examiners, State Board of; create, SB 94....__....__...........251, 269, 318 Bartow County; law books to superior court, HR 178------436, 440, 488, 578, 596 Bell, Earnest A. Bridge; designate, SR 49----------------------434, 470, 575, 629 Bellville, City of; create charter, HB 477-----------__----411, 416, 442, 492, 511 Berkeley Lake, City of; amend charter, HB 338..__....__299, 307, 344, 382, 387 Berry, Miss Melinda Biggs; Maid of Cotton, invitation, SR 31--------__........210 Bill Drafting Unit; commend, HR 231._...___...__.........................__....479, 537 Bills of Sale, conditional, priority, SB 84.........__....__...........___..........204, 235 Birth Certificates; adopted children, HB 51--__.___..298, 305, 343, 382, 404 Board of Barber Examiners, State; create, SB 94_____................251, 269, 318 Board of Commissioners, clerk, purchasing agent,
appointment, certain counties, HB 220----__......__202, 205, 236, 272, 285 Board of Health, State; powers and duties, HB 491___..514, 518, 544, 547, 610 Board of Pardons and Paroles, State; abolish advisory
staff, HB 8.____.._...........................__........____----------.72, 75, 84, 106, 108 Board of Registrations for Foresters, State;
amend, HB 92..__.......__._____......__.......__........302, 306, 343, 444, 527 Bogart, Town of; amend charter, HB 254--..__....__......228, 232, 254, 349, 352 Bonds; actions on official bonds of public officers,
HB 236----._..__.......................__.___.....__.__..369, 372, 420, 494, 558 Bridge Building Authority Act, State; amend, SB 6......50, 59, 61, 68, 76, 112, 140 Brooks County; tax commissioner, rounds,
HB 524------------____.__--_._--------------------------472, 482, 540, 578, 589 Brunswick, City of; close certain streets, HB 318----------250, 253, 270, 349, 355 Brunswick, City of; express appreciation to, HR 92...._..........._....._......127, 128 Brunswick Harbor; convey property, HR 181------____..477, 487, 543, 545, 617 Bryan County; certain officials' salary, HB 72 __...__..--98, 102, 116, 272, 275, 414 Bryan County; treasurer's salary, HB 73----------------------98, 102, 117, 208, 239 Buena Vista, Town of; amend charter, SB 119--336, 377, 424, 425, 433, 533, 629 Burdine, Winston S.; invitation to address Senate, SR 41--------____________._________330 Burton, Hon. Joe; commend, HR 232..,.__......_._..._._______._--------__..475, 537 Butts County; law books to superior court, HR 135_._..478, 486, 543, 546, 596
c
Cadwell, Town of; amend charter, HB 453--------------------371, 374, 422, 447, 455 Calhoun, City of; payment of school funds, HB 415--_.__.330, 339, 380, 447, 451 Camden County; compensation of county officials, HB 66._..97, 102, 116, 154, 178 Candidates; certain counties, distribution of printed
matter, SB 104.----____.._____.___.____..265, 311, 316, 350, 407 Candler County; compensation of ordinary, HB 435.___..369, 373, 421, 447, 452 Cannon, City of; power of eminent domain, HB 470.------_._.......436, 439, 487 Carnesville, City of; terms and compensation of mayor,
HB 468 ------------------__----------------_--------------410, 416, 441, 492, 510 Carnivals; bonds, service of process, HB 227............._....._183, 186, 207, 348, 405
636
INDEX
Carnivals; form of bonds or insurance policies, HB 50--._-_.__..146, 149, 173, 348 Carrollton, City Court of; judge emeritus, HB 454-....----371, 375, 422, 447, 455 Carson, Sam M.; compensate, HR 44........-.......--........_.......435, 439, 488, 547, 561 Cartersville, City of; corporate limits, HB 407-.----...--332, 338, 379, 491, 508 Cartersville, City of; corporate limits, HB 410__--------332, 339, 379, 492, 508 Cartersville, City of; corporate limits, HB 412.......--_____....333, 339, 380, 492, 509 Cartersville, City of; public utilities, HB 409-..___334, 339, 379, 492, 506, 535 Catoosa County; clerical assistant for sheriff, HB 540...._473, 483, 540, 546, 591 Catoosa County; tax commissioner's clerk, compensation,
HB 114..______--...___.__----------____.__......__...--125, 130, 153, 208, 240 Catoosa County, board of commissioners,
SB 123 ___--____--___.--__------_______-____336, 377, 424, 426, 433, 535, 551, 627 Catoosa County; clerk of superior court and ordinary,
salary, HB 310-_.__..__..._._..._--...--.--250, 252, 270, 316, 322, 414 Cedartown, City of; corporate limits, HB 557---_..---472, 485, 542, 546, 594 Cedartown, City of; levy tax to encourage industry,
SR 35.............___.._----------------__.--------_-265, 312, 347, 393, 407 Centennial Committee, All South, abolish, HB 301.._........_. 299, 306, 344, 383, 427 Chamblee, City of; amend charter, HB 182--------__410, 415, 441, 492, 502, 535 Charlton County; board of commissioners, HB 230--------202, 205, 237, 316, 321 Chatham County; compensation of ordinary, HB 516------.474, 481, 539, 546, 587 Chatham County; furnish law books to, HR 32------------------165, 171, 190, 323 Chattanooga; inspection of State property, HR 97..----..----------.127, 146, 147 Chattooga County; board of education, HR 146.----..._.....369, 377, 423, 490, 554 Cherokee County; commissioners of roads and revenue,
clerk, HB 559..--------_____--------------_--------_.__--.472, 485, 542, 577, 594
Cherokee County; compensation of county officers, HB 340.___._._..___--------_.....----.__----.----.-.299, 307, 344, 382, 387
Cherokee Judicial Circuit; terms, HB 401....------------301, 310, 346, 492, 504, 535 Children's Code Commission; abolish, SB 18------------54, 60, 62, 78, 94, 143, 365 Circuses; bonds, service of process, HB 227--------.--__--.183, 186, 207, 348, 405 Circuses; form of bonds or insurance policies, HB 50--._------146, 149, 173, 348 Civil Defense Advisory Council; abolish, SB 10------.51, 59, 62, 69, 76, 112, 140 Clarke County; land conveyance, HR 166--------------..._._413, 419, 444, 447, 567 Claxton, City Court of; distribution of fines, HB 476----410, 416, 441, 577, 587 Claxton, City Court of; judge's salary, HB 538----------473, 483, 540, 577, 590 Clayton County; fire prevention districts, HR 46--..............___.......--..._367, 376, 423 Clayton County; compensation of ordinary, HB 90----------99, 104, 118, 154, 178 Clayton Judicial Circuit, compensation of court reporter,
HB 562 ....__...------------------.--.--------------.--------.472, 485, 542, 546, 595 Cobb County; compensation of chief deputy clerk of
superior court, HB 283------------------------------.262, 267, 313, 349, 354 Coffee County; commissioners of roads and revenues,
SB 99-...----.....--....------------------------------------- 252, 270, 316, 320, 366 Coffee County; commissioners of roads and revenues, HB 376._----332, 338, 379 Coffee County; convey property, HR 171------------.------.413, 419, 444, 447, 530 Coffee County; recall election, commissioners of roads
and revenue, SB 77.....--_------------____..------.185, 206, 272, 274, 329 Coliseum; Agricultural College of Athens, provide for, HR 109--------_.184, 193 College Park, City of; amend charter, HB 341__.._._._.299, 307, 344, 383, 387 College Park, City of; amend charter, HB 346----.----------__..300, 308, 345, 388 College Park, City of; city manager, HB 187--------164, 169, 189, 272, 284, 408 College Park, City of; corporate limits, HB 188--164, 170, 189, 208, 238, 408, 414 College Park, City of; corporate limits, HB 360----___.-300, 309, 345, 383, 389 College Park, City of; corporate limits, HB 359----------300, 309, 345, 383, 388 College Park, City of; retirement funds, HB 361----------300, 309, 345, 383, 389
INDEX
637
Collins, City of; amend charter, HB 445-.-----.--..........370, 374, 421, 447, 453 Commerce, City of; corporate limits, HB 566--.......479, 486, 542, 578, 581, 624 Commerce, City of; hours of holding elections, HB 567--.-479, 486, 542, 578, 595
Commerce, Department of; amend act creating, SB 82--............._________......._-203, 235, 238, 257, 258, 296, 370, 628
Commercial Feed Stuff; standards set, HB 469--------.....-436, 439, 487, 547, 560
Commission, Crime Investigating; create, SB 87--------------------------------231, 253, 326, 365, 534, 560, 628
Commission, Constitutional Government, create, HB 4--------72, 74, 84, 85, 93
Commission, Constitutional Government, funds to operate, HB 325--------------------------------------263, 268, 314, 347, 405
Commission on Economy and Reorganization, create, HB 2----72, 74, 84, 85, 89 Commissioner of Agriculture; to inspect meat, poultry,
dairy products, HB 110....----------------------.--.--368, 372, 419, 494, 527 Commissioner of Revenue; elective office, not apply to
members of General Assembly, HB 42_.------.--.----......82, 83, 89, 105, 110 Common Trust Fund Act; amend, SB 48------------------128, 152, 175, 180, 196 Common Trust Fund Act; amend, HB 130..--------.------..163, 168, 188, 315, 363 Communication; received by Senate from former Governor Marvin Griff in....__.94 Conditional Bills of Sale; priority, SB 84-------------------------------204, 235 Confederate Cemeteries; caretakers, SR 33------------------------250, 296, 576, 629 Congressional Delegation; commend on stand on education, HR 61----_...478, 536 Constitutional Government Commission, create, HB 4--.--------72, 74, 84, 85, 93 Cook County; compensation of board of commissioners,
SB 117------___.__.__.__------------305, 342, 383, 385, 433, 533, 628 Cook County; land conveyance, HR 100__.__----_.._....263, 268, 314, 347, 403 Cook, Hon. Eugene; commend, HR 231--------------_.--------------------.479, 537 Cordele, City of; corporate limits, HB 302----------__----249, 252, 270, 350, 355 Cornelia, Town of; planning commission, HB 76....----------98, 102, 117, 132, 156 Corporations, Foreign; legal process against, HB 225----183, 186, 207, 315, 363 Corporations, Non-Resident; service of process, HB 224-183, 185, 207, 315, 363 Counsel; to represent public officials, State to furnish
in certain cases, SB 4----_--------------------.-49, 58, 61, 67, 70, 112, 140 Counsel; unlimited latitude in arguing certaing things to
jury, HB 315----_------------------....----__------------------478, 480, 538, 579 Counterfeiting; bank notes, amend code 26-3908,
SB 51..._----------------------------__------147, 171, 192, 200, 219, 577, 627 County Boards of Education; compensation, certain
counties, HB 539--__.__----_._.,,_____----.----473, 483, 540, 546, 590 County Boards of Education; election by grand jury,
HB 217--_.----........__--------__----------------------262, 266, 313, 381, 427 County Boards of Education; General Assembly provide for
compensation, HB 240.._....----_----------__--262, 266, 313, 348, 406, 599 County Boards of Health; right of administrative
hearing, HB 489----__----_.------------------------------.514, 517, 544, 547, 610 County Newspapers; selection of, SB 80----_----------------------203, 235, 444 County Police; civil service plan, certain counties,
HB 167 ------------------------------_----..----------144, 150, 174, 208, 243 County Property; procedure for sale of, HB 246----333, 337, 378, 448, 457, 527 County Treasurers; compensation, HB 313._--------------...299, 307, 344, 382, 386 Court of Appeals; Judges Emeritus, SB 102----------------264, 311, 350, 360, 407 Court of Appeals; Judges Emeritus, HB 441----------370, 374, 421, 444, 459, 576 Court Records; provide for destruction of old records,
HB 91--_._..._.__----------------______.--....----__.163, 168, 188, 316, 320 Court Reporters; compensation, SB 29------------82, 88, 106, 107, 120, 230, 529 Covington, City of; comptroller, HB 569----------------------------479, 486, 542, 546
638
INDEX
Crabbing; regulate in certain counties, HB 64----------201, 204, 236, 272, 282 Crawford County; compensation of clerk of superior court,
HB 440......__._.__.._.__..________________________..._370, 373, 421, 447, 452 Crawford County; compensation of clerk of commission,
HB 179 -----.-._..-- -----__.___________..-_------_----------.145, 151, 175, 316, 320 Crawford County; tax commissioner, create office,
HB 177 ----.__.________----__------_____________-___________262, 266, 312, 349, 352 Crime Investigating Commission; create,
SB 87---_-___----_---------_--_---231, 253, 326, 365, 534, 560, 628
D
Dacula, City of; incorporate, HB 563_.____---______---472, 485, 542, 578, 595 Dade County; abolish office of treasurer, HB 212.______--.165, 171, 190, 209, 247 Dade County; commissioner of roads and revenue, create,
HB 211......___.__________.__,,_____._._..._..165, 171, 190, 209, 247 Dade County; ordinary's compensation, HB 213___.________165, 171, 190, 209, 247 Dade County; provide for appointment of county
depository, HB 214__........________________________165, 171, 190, 209, 248 Dalton, City of; Civil Service Commission, change
provisions, HB 172____.________________....................145, 150, 174, 208, 244 Dalton, City of; close certain street, HB 171_________.._.._145, 150, 174, 208, 243 Dalton, City of; tax to pay principal and interest
on bonds, HB 170---...__________________________145, 150, 174, 208, 243 Dangerous Drug Act; vehicles transporting drugs,
SB 41 __.--------______-...-_--_-._-_------------------100, 115, 191, 195, 259, 296 Davis, Jefferson Highway; routes, HR 168.....____________________--...600, 623 Davis, Jefferson Memorial Park; place portraits, SR 24......167, 188, 191, 216, 248 Decatur, City of; contracts by city manager, HB 183..----331, 337, 378, 424, 426 Decatur County; convey property, HR 139-.--------____437, 440, 488, 490, 563 Declaratory Judgments, Superior Courts; amend, HB 28--163, 168, 188, 315, 330 Deficiency judgments; limit and abate,
SB 27._____,,.________----------------73, 83, 106, 122, 315, 327, 331, 394, 407 DeKalb County; amend acts pertaining to governing
authority, HB 320._________________________.................250, 253, 270, 350, 355 DeKalb County; Civil Court, jurisdiction, costs, HB 531--.473, 483, 540, 546, 590 DeKalb County; commissioners' of roads and revenue,
HB 180 ___________________------------------....................368, 372, 420, 446, 449 DeKalb County; establish commission to study government,
HB 507 ___________________________________---------412, 418, 443, 578, 586, 624 DeKalb County; establish recorder's court,
HB 181 _----------------------.-------......... 474, 480, 538, 546, 585, 624 DeKalb County; fix taxes, licenses, HB 232----_____________----410, 415, 441, 491 Delinquent children; confine in a State training school,
SB 25 ----____---------------------------------.73, 83, 119, 122, 155, 158, 181 DeMolay, Order of; commend, HR 236----._--------__----------------........----534, 537 Depositions and Interrogatories; amend act relating to,
HB 193 --------------_____---------__----------------.476, 480, 538, 579, 598 Depositions Act, Uniform Foreign; adopt, HB 116----.----514, 516, 543, 579, 597 Disabled Veterans; homestead exemption, HB 112----------146, 149, 173, 191, 216 Documents; party refuses admissions, HB 138----..............163, 168, 188, 316, 364 Dodge County; commissioner's salary, HB 293--.................230, 235, 256, 272, 289 Dodge County; primary election date, HB 289__-________.229, 234, 256, 272, 288 Dodge County; salaries, certain officials, HB 288--------..229, 234, 256/272, 287 Dodge County; Superior Court terms, HB 292--------------230, 234, 256, 271, 288 Dorsey, Wilma Hulsey; compensate, HR 115--------------369, 376, 423, 491, 526
INDEX
639
Dougherty County; building codes, violations, HB 157----146, 149, 173, 208, 242 Dougherty County; commissioners of roads and revenues,
HB 158 ------------------------------------------__----_144, 150, 174, 208, 242
Dougherty County; commissioners, change number of members, HB 160------------------------------------.------144, 150, 174, 208, 243
Dougherty County; streets, urban areas, HB 159------------144, 150, 174, 208, 242 Douglas, City of; corporate limits, HB 252----------..----------227, 232, 254, 286
Douglas-Coffee County Industrial Authority; create, HB 421 --------------__.-__-------------------------------333, 340, 380, 447, 451
Douglas County; provide fire districts, HB 450------------370, 374, 421, 446, 454
Driver's License; operator accompanying learner must be 21, HB 210--------------------------------------299, 306, 343, 382, 403
Driver's License; possession of another person's, HB 192--------------------..------------.-----------478, 480, 538, 579, 600, 624
E
East Point, City of; amend charter, HB 155--------------126, 131, 154, 272, 283
East Point, City of; Land Lot 101, HB 154------------------.262, 266, 312, 349, 351
East Point, City of; Land lots 190, 191, 194, HB 152_------126, 131, 154, 272, 283
East Point, City of; Land lot 219, HB 145....-------------201, 204, 236, 383, 385
Eastman, City of; abolish City Court, HB 291..------------229, 234, 256, 272, 288
Eastman, City of; define corporate limits, HB 522...___........475, 482, 539, 546, 589
Economy, and Reorganization, Commission on, create, HB 2----72, 74, 84, 85, 89
Education; committee to study change in methods, SR 55-----------438, 490, 494
Eggs, Agricultural Commodities Authority Act;
include, HB 474-----__.._.._.__------------------.436, 439, 488, 547, 561, 624
Elbert County; compensation of tax commissioner,
HB 85--------__.____.__--_--_____----99, 103, 117, 271, 276, 437
Elbert County; ordinary's salary, HB 86--------------99, 103, 117, 271, 278, 437
Elbert County; provide advisory board of county
commissioners, HB 87------------____.--------.....99, 103, 117, 272, 279, 437
Elberton, City of; Armory grounds, acquisition and
disposition of property, HR 57----__.----------.----368, 376, 423, 424, 459
Elberton, City of; city manager, HB 568__--------------------------------------574
Elberton, City of; sale of city property, HB 311__...------.250, 252, 270, 349, 355
Election returns, canvass, SR 4------------------------_--_.--_------------9, 12, 13
Elections Board; transfer duties, SB 20--------------55, 60, 62, 79, 94, 143, 365
Elections Commission; canvass votes U. S. Senators,
SB 21 .,,__------._--__----_____----------------......56, 60, 62, 79, 94, 144, 365
Elections Commission; create, SB 23----_.----------.56, 61, 62, 79, 94, 144, 365
Elections Commission; duty of, SB 19--------------__55, 60, 62, 78, 94, 143, 365
Electric Membership Corporation; define term
"rural area," SB 30..---------------------------------------- 82, 88, 209, 217, 247
Emerson, City of; amend charter, HB 411-------------------- 333, 339, 380, 492, 509
Emerson, City of; public utilities, HB 466 ------------371, 376, 422, 492, 501, 536
Employment, Private Agencies; regulate, HB 19----------201, 204, 236, 316, 361
Employees' Retirement System Act; State, amend,
SB 83 ____.__--------.__.._----------204, 235, 257, 325, 365, 599, 609, 628
Employees' Retirement System; prior service accumulations, SB 124----336, 378
Employees' Suggestion Award Board; transfer to Merit
System, HB 7----------------------__--------......----.----........72, 74, 84, 86, 93
Entomology, State Dept. of; transfer to Dept. of
Agriculture, HB 6---------- ___
. . ...72, 74, 84, 133, 160
Entomology, State Dept. of; transfer to Dept. of
Agriculture, HB 422----...........------..--------._--------______ 369, 373, 420, 547, 558
640
INDEX
Estates; administrators may borrow money, certain purposes, HB 68 ---___-------- ---------.------------.146, 149, 173, 271, 294
Estates; recording of proceedings, HB 120.______-___------____.--182, 185, 206, 271, 295 Estate, of ward; sales by guardian where citation
published, SB 91 ----------_____--------___---_------------------251, 269, 315 Estates; wills and administration, amend code so as to
replace "revoked", HB 118----------------------------515, 516, 543, 579, 597
F
Farmers Markets; operation, SB 36--------------88, 105, 133, 159, 181, 625, 627 Farmers Markets; funds for expansion, SR 18_____.88, 105, 133, 160, 181, 626, 629 Fayette County; commissioners of roads and revenues,
HB 243 --__------------------------------------------ 227, 231, 254, 447, 449 Federal Housing Administration; relating to lumber, SR 32--------237, 260, 476 Feeds; standard for commercial feeding stuff,
HB 469 --_---_--------.-----_----__-------------------436, 439, 487, 547, 560 Fertilizer Study Committee; create, HR 191------------_--~_----534, 538, 578 Fiduciaries; register securities, SB 35.--------------------88, 104, 175, 180, 196 Financing additional services, committee to study, HR 52._.............__.534, 537, 578 Finch, Major General George G.; commend, SR 63..............__________.......__.....------620 Fireworks; agricultural purposes, limit sale, HB 63--__.__--_______________--515, 516, 543 Fireworks; remove exemptions, SB 65------_...------------------------166, 187 Fishing licenses; non-resident, HB 385-----------------------369, 420, 494, 529 Fitzgerald, City of; amend charter, HB 380-.--------301, 310, 346, 446, 450 Floyd County; board of education, compensation,
HB 279 ___-_--------_--------------------------------229, 234, 255, 492, 508 Floyd County; meetings of board of commissioners,
HB 505 --------------_--------__--------------------.412, 418, 443, 492, 497 Floyd County; uniforms for sheriff and deputies,
HB 506 __.._.......__..__------------__----------------------412, 418, 443, 492, 513 Floyd County; waterworks, sewerage, sanitation,
HB 509 --------------------.__--_._------------------412, 418, 443, 492, 513 Foreign corporations; legal process against, HB 225------.-183, 186, 207, 315, 363 Foreign Depositions Act, Uniform; adopt, HB 116----..--514, 516, 543, 579, 597 Forest Park, Town of; amend charter, HB 342...----.....-.-299, 308, 344, 383, 388 Forest Park, Town of; corporate limits, HB 558--.............472, 485, 542, 546, 594 Forestry Commission, State; abolish Forest Fire
Emergency Committee, HB 13---------------------------73, 75, 85, 133, 161 Forsyth, City of; close certain street, HB 348-------------- 300, 308, 345, 382, 388 Forsyth County; compensation of sheriff, HB 339----------------299, 307, 344, 446 Fort Gaines, City of; municipal port and
terminal, HR 167----------------------------------515, 517, 545, 578, 620, 626 Fort Oglethorpe, Town of; corporate limits,
SB 122 _----__------------------------------336, 377, 424, 426, 433, 534, 629 Fort Valley, City of; amend charter, HB 337--------------299, 307, 344, 383, 387 Fountain, H. A., Bridge; designate, SR 21--------129, 152, 193, 199, 219, 626, 629 Franklin County; commissioner of roads and revenues, HB 473--...410, 416, 441 Fulton County; board of education, teachers' pension,
HB 549 --------__--------------------------------------474, 484, 541, 546, 592 Fulton County Civil and Criminal Court, retirement
benefits, SB 106____--_____265, 312, 350, 351, 407, 475, 489, 535, 628 Fulton County; Civil Service Board, HB 570------------479, 486, 543, 546, 596 Fulton County; fire preventative system,
SB 112--------__----------------------------304, 342, 383, 384, 433, 575, 628 Fulton County; fire stations, SB 114----------------------.304, 342, 383, 383, 443
INDEX
641
Fulton County; indemnify persons against loss in tax computation, SR 22._..___.________--__________________________________________________.____129, 152
Fulton County; limit ad valorem taxes, HB 555-----------471, 485, 542, 579, 593 Fulton County; pension act, amend, HB 143~_--~~--_-----126, 131, 154, 272, 282 Fulton County; State to sell certain lands,
HR 169-..---------------------------436, 440, 488, 490, 567 Fulton County; teachers' retirement, HB 499.________--__412, 418, 443, 491, 497, 536 Funeral establishments; inspections, HB 419----------------436, 438, 487, 548, 558
G
Game and Fish Commission; spearing of rough fish, HB 363--------------------------------332, 338, 379, 494, 529
Game and Fish, State Laws, plea of guilty in court of ordinary, SB 24_________--------___----------------73, 83, 133, 156, 181
Garden City, Town of; voting machines, HB 525--.--------472, 482, 540, 546, 589 General Assembly; committee to hold hearings on
proposed legislation, SB 75--------.----------184, 206, 316, 356, 407, 625, 628 General Assembly; committee to study compensation, HR 195....534, 538, 578, 623 General Assembly; operations of, create joint
committee, HB 3 --------------72, 74, 84, 85, 89-92, 126, 141, 166, 220, 230 General Assembly; parking spaces, SR 27_--._------------------------.210, 248, 476 George, Walter F.; presentation of portrait, joint session, HR 24----------82, 86 George, Walter P.; acceptance of portrait, HR 16--------_......--..._.__.__--46
Georgia Atlantic Coast Line; survey, Sec. of State as Surveyor General, SR 37--------------------265, 312, 317, 359, 407, 626, 629
Georgia, Board of Landscape Architects Act, amend, SB 111 .......___------------------___----------------__--304, 342, 349, 401, 407
Georgia Children's Code Commission Act; repeal, SB 18 ............__------_----------------------------54, 60, 62, 78, 94, 143, 365
Georgia Commission on Co-ordination of Highway Problems, create, SR 43------------------------------._----305, 343, 384, 401, 433
Georgia Commission of Education Act; repeal, SB 8 ----------------------------------------------51, 59, 62, 69, 76, 112, 140
Georgia Industrial Development Administration; create, HB 364-.-..._----------------------------.----------263, 268, 314, 348, 427, 476, 521
Georgia Industrial Loan Act; amend, SB 17--------..54, 60, 62, 78, 94, 143, 365 Georgia Military Forces Act; conform, revise, HB 18------162, 168, 188, 257, 294 Georgia Milk Commission; transfer to Dept. of
Agriculture, HB 88.------.............---- ................------....... 146, 149, 173, 192, 193 Georgia Official and Statistical Register; prepare and
distribute, SR 30_------------_......._._.......................................................----. 210 Georgia-Oklahoma Reciprocal Agreement........-.......-.--____________.....___.----..460-469 Georgia Ports Authority Act; amend, Governor to convey
property, SB 73-...-...-..-.-..-....----------167, 187, 273, 296, 329, 564, 628 Georgia Power Company; appreciation, HR 93--------.____...______.___._____----....127, 128 Georgia Public Service Commission; confirm reciprocal
agreement, SR 52 ....................--------------.-...---- ---........470, 530 Georgia Recreation Commission; repeal act creating,
HB 12.___.----.............-----..------------------112, 114, 132, 133, 155, 160 Georgia Retailers and Consumers Sales Tax Act; amend,
HR 184 --------------------_-----------------------...........437, 440, 488, 490, 568 Georgia Rural Roads Authority Act; amend, SB 7.----.50, 59, 62, 68, 76, 112, 140 Georgia Safety Fire Commissioner; abolish Appeal and
Advisory Board, SB 14----........._............----------53, 59, 62, 77, 94, 143, 365
642
INDEX
GuO'Ha Securities Act; amend, redefine "salesman",
HB 16 ._____------------------__--------------------333, 337, 378, 444, 456
Georgia Seed Development Commission; create,
HB 184 ----------------_----------------___.......302, 306, 343, 347, 402, 438
Georgia State Guard Assoc.; commend, HR 229..........................--------------479, 537
Georgia State Warehouse Act; amend, SB 37----88, 105, 192, 194, 219, 625, 627
Gillis, James L.; elect to State Highway Board, HR 18------------........__------ 46
Glynn County; appreciation, HR 92.__.-._--------__--------------------------127, 128
Glynn County; Sidney Lanier Bridge, toll charges, HR 206-------------476, 536
Golf Day; in memory of Mr. Bert Prather, HR 233------_----_--------------476, 537
Gordon County; manner funds deposited and disbursed,
HB 417 --.---------.--------------------------_-----333, 339, 380, 491, 509
Government Operations committee; create, SR 9---_--------_------------..10, 32, 45
Governor; succession, if dies before qualifies, SR 14----.........57, 61, 193, 213, 248
Governor's Commission on Constitutional Government;
create, HB 4----..____________------_--.------_-____--------72, 74, 84, 85, 93
Governor's Commission on Constitutional Government;
funds to operate, HB 325-.---__----------------.....263, 268, 314, 347, 405
Grand Jury; authorize stenographer, certain counties,
HB 89 -------------------------------...... 99, 103, 118, 154, 178
Grand Jury; Stenographer present in every county, SB 54.....------------147, 172
Grand Juries; continue beyond term of court,
SB 67 ,,_------------__------.--------------------166, 187, 208, 211, 248, 532, 628
Grand Juries; nominations, SB 81 ...._.....__.------ 203, 235, 271, 291, 329, 571, 628
Grantville, Town of; change name, HB 62...----...........--,----.97, 101, 116, 154, 177
Griffin, City of; Board of Commissioners, powers,
HB 269 __----_------------------------------------
228, 233, 255, 349, 353
Griffin, City of; cemetery trust fund, trustee,
HB 268 ------.__---_-------------------------228, 233, 255, 349, 353
Griffin, City of; chairman of board of commissioners,
Honorary mayor, HB 443---------,,------------------370, 374, 421, 447, 453
Griffin, City of; change corporate limits, HB 266----------228, 233, 255, 349, 353
Griffin, City of; provide board of trustees for
emergency fund, HB 267------------------------------.228, 233, 255, 350, 353
Griffin, Mr. Howard; sympathy to family, SR 44------------------------ - 330
Grovetown, City of; incorporate, HB 95........------............124, 129, 152, 208, 239
Guardians; borrowing and contracts, clarify, HB 121----183, 185, 206, 271, 295
Gwinnett County; county commissioners, HB 564----------472, 485, 542, 578, 595
H
Habersham County; clerk of tax commissioner, HB 78 ----.._.....___----------------------------98, 103, 117, 132, 157, 567
Hairdressers and Cosmetologists, State Board of; create, SB 95.__....--....__..__._.--_..._..__.............____----.-251, 269, 318, 329
Hall County; State furnish law books to, HR 198 ..---------.-__._._....__----__._--------------.515, 517, 545, 579, 596
Hall of Fame; additional busts, SR 48----------------------------------490, 494, 530 Hall of Flags; committee to gather information on Hall of
Flags, SR 47-------___.............__-----------337, 378, 424, 432, 469, 534, 629 Hapeville, City of; amend charter, HB 390----------------301, 310, 346, 382, 390 Hapeville, City of; corporate limits, HB 387----------------301, 310, 346, 382, 390 Harmon, T. G.; relieve as surety on bond, HR 79----------------------516, 579, 615 Harris County; board of commissioners, compensation,
HB 265 --._--_._..---_.._..-------------------------- .228, 232, 254, 349, 352
INDEX
643
Harrison, Hon. Walter; congratulate, HR 154 .--------_________.___----------____303, 356
Hart County; assistant to tax commissioner,
SB 97 ------------------------------252, 270, 315, 319, 365, 475, 628
Hart County; county government, SB 98------ 252, 270, 315, 319, 366, 475, 628
Hart-veil. City of; elections, SB 69
.......... 167, 187, 208, 212, 248. 368, 628
Hawkinsville, City of; convey land, SB 96 __._---- 251, 269, 315, 319, 365, 475, 628
Hawkinsville, City of; compensation of commissioners,
HB 194 --------------------______________.____----------...........164, 170, 189, 209, 245
Hawkinsville, City of; corporate limits, HB 523----------- 475, 482, 539, 546, 589
Health and Welfare Committtee; to inspect State institutions, SR 67--------620
Heard County; board of commissioners, HB 278 _______________ 229, 234, 255, 267, 271
Hercules Powder Company; express appreciation to, HR 94--------------127, 128
High School Training; preparation for college,
SR 38 -.----------------------------305, 342, 348, 401, 407, 575, 601, 629
Highway Board, State; political sub-divisions, bids,
SB 64 ---_._---___-------------.---------------_----166, 186, 273, 290, 296
Highway Problems, Georgia Commission on Co-ordination
of; create, SR 43---_____-------------------------------- 305, 343, 384, 401, 433
Hilburn, Mrs. Earl; compensate, HR 26.....____________________ 515, 518, 544, 547, 612
Hinesville, City of; provide for elections,
SB 108-------_--------___--------____________ 303, 341, 383, 447, 448, 469, 574, 628
Hinesville, City Court; salary of judge and
solicitor, SB 26--------_________....______..-.._...--...... 73, 83, 106, 107, 120, 413, 627
Homer, Town of; increase corporate limits, SB 105 _ 265, 311, 350, 407, 533, 628
Homestead Exemptions; disabled veterans, HB 112 __________ 146, 149, 173, 191, 216
Housing Authorities Law; dormitory housing facilities,
HB 323 ----------------------------------.......... 263, 268, 314, 318, 360
Housing Authorities; prior actions ratified,
SB 39 ---------.-----____----__----------__100, 115, 192, 194, 219, 577, 627
Houston County; grand juries, terms, SB 63---- 148, 173, 191, 193, 219, 302, 628
I
Inaugural Program ._.--------_------.___ ____--------------......_____--------.....16 Inauguration, Governor and Lt. Governor, SR 5___._____--_------_------___----__9, 12, 14 Inauguration, Governor, joint committee, HR 6------.------.,,.--___----_--.----.11, 12 Inauguration; joint session to arrange, SR 7--------__________--_...._________...9, 12, 14 Inauguration; joint session to arrange, HR 8______----_____________________________.11, 12 Inauguration; joint committee for escort, SR 6.--------....----__________ 9, 12, 14 Inauguration; joint committee for escort, HR 7------------------------------11, 12 Income Tax; deduction for contributions to educational
purposes, HB 15.--...-----------___..------------..------_.___. 82, 83, 89, 106, 110 Income Tax; net income, computation and collection, HB 260 __ 435, 438, 487, 493 Income Tax Law; Joint, Study committee, compensation, SR 42 ----315, 566, 575 Incompetents; property purchaser, protect from,
SB 89 -_--__--------_-.------______------_________------_______ 250, 269, 315, 316, 328, 365 Independent Presbyterian Church, amend charter,
HB 300 -_------------------------------------_.__.__ 230, 235, 256, 271, 289 Independent School System, support,
HB 5 ---______-------___-__--------. 72, 74, 84, 105, 120, 166, 179, 184, 223, 230 Industrial Development Administration, create,
HB 364 --------_____._--__________________________ 263, 268, 314, 348, 427, 476, 521 Industrial Loan Act; amend, SB 17----____----------..___.. 54, 60, 62, 78, 94, 143, 365 Inheritance, Rights of; benefit from insurance denied
heir, HB 25 .----------._____________------..__.________.----__...__-___.__ 409, 415, 440, 579, 597
644
INDEX
Institute for Legislators; appreciation for dinner, HR 11---_.._------------.31, 32 Institute for Legislators; express appreciation, HR 10----.__----._._.._..._.31, 32 Insurance, casualty; regulation of rates,
SB 125 ._.__.._.____--------__....-336, 378, 384, 432, 433, 575, 616, 629 Insurance Commissioner; appeals from decision,
SB 74 __________.__.________________184, 206, 384, 395, 407, 599, 617, 628 Insurance Laws Revision Committee; expenses, HR 112--.410, 419, 443, 447, 530 Insurer; shall not distinguish hetween licensed healing
profession members, SB 103--_--_--__--__----_------_--___------_--265, 311 Integration; General Assembly on record opposed, HR 188--_________--.--335 Interstate Commerce; executive order suspending
tax ratified, HR 184_____--___--_--__--______--_______437, 440, 488, 490, 568 Interstate Motor Vehicles; Georgia-Oklahoma Reciprocal Agreement----,460-469 Itinerant Shows; resident agent, damages caused by show,
HB 227 ______.______.__--------.___--------_--------183, 186, 207, 348, 405
Itinerant Shows; resident agent, standard forms for bonds, HB 50 ___._____.___--_--------_____.__.........___.-.146, 149, 173, 348
J
Jackson, City of; amend charter, HB 461--_--.--____------371, 375, 422, 492, 510 Jackson County; board of commissioners of roads
and revenue, HB 565 --__._._--__----_--.__----_,,_.479, 485, 542, 578, 580, 624 Jekyll Island Authority; appreciation, HR 71----------_----,--._----_------_----_113 Jekyll Island State Park Authority; commend
members and attorney, HR 89 --..._._____--------------._------_------_.126, 127 Johnson, Mr. Howard R.; compensate, HR 84..--------_____-478, 486, 543, 547, 613 Joint Income Tax Law Study Committee; compensation, SR 42 ....--315, 366, 575 Joint Session; accept portrait of Hon. Walter George--------------------------134 Joint Session; address by Gov. Ernest Vandiver, HR 14_--------------------31, 32 Joint Session; to elect James L. Gillis to State Hwy. Board, HR 18..----------46 Joint Session; election of Highway member.----------------_._--------------_____._-- 62 Joint Session; election returns, HR 5------------------------------------10, 11 Joint Session; inauguration of Governor and Lieutenant Governor........._.------.14 Jordan, Senator Robert; elected president pro tempore of Senate,......._.__._.,,..7 Jordan, Senator Robert H.; resignation as President pro-tern......--_._...__--618 Judges; retirement, fix time, person eligible, HB 431----.479, 480, 538, 548, 586 Judge, Superior Court Emeritus; eligibility,
HB 34 .-._.. .............. ............ 97, 101, 115, 119, 139, 142, 159, 413 Junior Chamber of Commerce; condemn Temple bombing, SR 65__________..........620 Jury Commissioner; replacement, amend code, SB 38----100, 114, 119, 138, 155 Juvenile Court; counties having certain population,
HB 475 ___._------_..._------------___._.............477, 481, 539, 546, 587 Juvenile Court System of Georgia; investigate, SR 66--.--------------..__._ 620 Juvenile Detention Homes Committee; create, HR 159----534, 537, 578, 619, 626
K
Kennesaw, City of; amend charter, HB 286----------------.263, 267, 313, 349, 354 Kingston, Town of; change name to City of Kingston,
HB 465 __----------------_--_------------------_----371, 375, 422, 492, 500, 535
INDEX
645
Laborer's Liens; right of partnerships, corporations to laborer's liens, HB 457-------------------------------371, 375, 422, 548, 560
LaFayette, City of; amend charter, HB 135------------.----125, 130, 153, 208, 241 LaGrange, City of; corporate limits, HB 124----------------125, 130, 153, 208, 241 Landscape Architects, Georgia Board of; amend,
SB 111 ----------------------__.--------..------.--------------304, 342, 349, 401, 407 Lanier County; eminent domain, SB 76.--------.... 184, 206, 272, 274, 329, 475, 628 Lanier, Sidney Bridge; rates for daily users, HR 206----_____._..__.........----...476, 536 Law Libraries; establish in counties of 27,200 to
27,600, HB 515.....__....--------------------------------..-.412, 419, 443, 492, 513 Lawrenceville, City of; corporate limits, HB 526--------_..472, 482, 540, 546, 590 Legislative Counsel, create joint committee on operations
of General Assembly, HB 3__72, 74, 84, 85, 89-92, 126, 141, 166, 220, 230 Lenox, Town of; elections and terms of mayor and
councilmen, SB 62....--._.--------------------148, 173, 207, 211, 247, 368, 628 Liberty County; compensation of superior court clerk,
SB 72 _._----------_----------__.......--__.167, 187, 208, 212, 248, 551, 628 Liberty County; compensation of tax commissioner,
SB 71 --------.........------_------------------167, 187, 208, 212, 248, 413, 628 Library Committee, State; abolish, SB 13.______------......53, 59, 62, 77, 94, 143, 365 License Tags; automobile, disabled veterans, HB 365..___.___ 334, 338, 379, 446, 457 License Tags; commanders of patriotic organizations, HR 137 ,, _. 436, 440, 488 Liens; laborer's and materialmen's, HB 457------------..371, 375, 422, 548, 560 Lieutenant Governor and Secretary of Senate;
reimburse for expenses, SR 61_--_.......--..._,,.._.__------___________ .._.___________619 Life Estates; tenants in possession, HB 487----_.------..411, 417, 442, 579, 610 Lincoln County; commissioners, compensation of
chairman, HB 103 _..._----------..--------..----------______.__. 124, 129, 152, 208, 240 Lithia Springs; charter, HB 455--------_.__------------------...371, 375, 422, 446, 455 Livestock; persuaders for loading, HB 209----------_....--.515, 516, 544, 580, 598 Livestock and Poultry; sales by administrators, HB 248 .. 299, 306, 344, 382, 406 Livestock; sale of, bonding requirements,
HB 21 ----------------------261, 266, 312, 494, 520, 563, 566, 571, 602, 625 Livestock; slaughtered, inspection, SR 17----------88, 105, 133, 160, 181, 625, 629 Lottery; second convictions, penalty, SB 56--_------..------147, 172, 193, 198, 219 Lottery Tickets; illegal to sell or possess, SB 58-----------.148, 172, 257, 290, 329 Lumpkin County; commend citizens, SR 56--_------..._--------------_----_-------- 573 Lumpkin County; commend citizens, HR 230--------------.----..------.479, 537
M
Macon, City of; close certain streets, HB 482--...----------411, 417, 442, 492, 511 Macon, City of; corporate limits, HB 481--------------------411, 417, 442, 546, 587 Macon, City of; lease portion of City Park, HB 483 --_--411, 417, 442, 492, 511 Maid of Cotton; invite for visit, SR 31....__----------------_------------------..210 Manchester, City of; amend charter, HB 373--------332, 338, 379, 492, 503, 535 Maps, plats; filing records of, SB 110--------------------------_..------304, 341, 382 Marietta, City of; change corporate limits, HB 462.------_ 371, 375, 422, 446, 455 Marriage license; post notice of application, SB 60--148, 172, 191, 199, 258, 296 Marriage license; recorded and returned by ordinary, HB 255--369, 372, 420, 444 Marriage license; return by ordinary, repeal, SB 59--------_------148, 172, 191 Massage; practice of, registration, SB 113----------------------_--------.304, 342 Mayors, municipal officials and employees; tribute, SR 15_------__----......._70
646
INDEX
McDuffie County; compensation sheriff, ordinary, superior court clerk, SB 70.....-..----.....----. 167, 187, 208, 212, 248, 533, 628
McRae, City of; extend corporate limits, HB 345----------300, 308, 345, 446, 450 Memorialize Congress; Armed Services, retirement, HR 53----.____________478, 536 Memorialize Congress; Public school systems, administer
by states, HR 99-----_____--_---__--__--_____--_------__------____------..203, 210 Memorialize Congress; repeal excise taxes telephone
services, SR 51------_,,.--------_.----------__----__------.--__--------_--------434 Merit System; exempt certain employees, HB 264--------228, 232, 254, 317, 359 Meriwether County; convey property, HR 147--------------515, 517, 545, 578, 617 Metter, City of; amend charter, SB 115--_...._--..304, 342, 383, 385, 433, 533, 628 Middleton, Dr. Daniel Spencer; regret passing, HR 187....--------._________.335 Military Forces Act; conform, revise, HB 18--_______----162, 168, 188, 257, 294 Military leave; reserves, U. S. or State, HB 20------------162, 168, 188, 237, 259 Milk Commission; transfer to Dept. of Agriculture,
HB 88 _--___----__----_--,,__----_--_------_------_.146, 149, 173, 192, 193 Milledgeville, City of; returning property for taxation,
HB 484 --____________.-------------------_..__.._.--___411, 417, 442, 492, 511 Milledgeville, State Hospital; patients support,
HB 31 _____________________________________________.-_409, 415, 441, 445, 528, 575 Milledgeville State Hospital; police officers, vest powers,
HB 30 _----_------------_____________----..._________97, 101, 115, 193, 216 Miller, Rep. Jerre Chappell, Jr.; sympathy to family on death, SR 19 .___..___.. 106 Mineral Leasing Commission Act; limit lands leased,
SB 107 --___._____________....__----..265, 312, 317, 359, 407, 625, 628 Minors; suits and settlements by married minors,
HB 397 __________----_.------_________.______._-_____332, 338, 379, 444, 458 Mitchell, Town of; increase tax rate limits, HB 424------333, 340, 380, 447, 451 Monroe County; State Librarian furnish books,
HR 124 .___.________-_____----..___---______302, 311, 347, 383, 390, 478 Montezuma, City of; conveyance of land, HR 136----------335, 341, 381, 447, 563 Monticello, City of; prescribe corporate limits,
HB 280 ___._-___-____----_...__--_______._.------229, 234, 255, 256, 272, 287 Motor Carriers; inspectors be police officers, HB 328----____________332, 337, 378 Motor Common Carriers Act; exempt certain vehicles, SB 101--------._..264, 311 Motor Contract Carriers; clarify exempt vehicles, SB 100--------_----.264, 311 Motor Fuel Retailers; signs, SB 42.____----113, 131, 192, 195, 219, 600, 602, 627 Motor Vehicles; bond, financial responsibility, HB 352_--_------477, 480, 538 Motor Vehicles; change maximum length, HB 67------_-98, 102, 116, 118, 139 Motor Vehicles; dealer license plates, HB 503------------437, 439, 488, 493, 561 Motor Vehicles; for hire, registration, licensing, HB 329--436, 438, 487, 493, 597 Motor Vehicles; Georgia--Oklahoma Reciprocal agreement--_..__________________460-469 Motor Vehicles; operated by non-residents,
SB 32 ____--------_------_--------_--------87, 104, 119, 120, 140, 230, 627 Motor Vehicles; reciprocal agreements between states, HB 9--72, 75, 84, 105, 108 Motor Vehicles; registration, penalties certain
cities, HB 388------------------------------__----..369, 373, 420, 424, 458, 576
Motor Vehicles; security given by owners and operators, HB 351 ...._----------------------_----_--__------__--477, 480, 538, 579, 601
Motor Vehicles; unlawful to race on public roads, HB 47 ------------------------,,-------- ------.--.261, 266, 312, 317, 361
Motorists, Non Resident; service of process, HB 228 ________ 183, 186, 207, 446, 457
Moultrie, City of; amend charter, HB 542----__.___________.473, 483, 541, 546, 591 Moultrie, City of; redefine wards, HB 543..____----______________473, 483, 541, 546, 591
Muscogee County; convey property, HR 138...----------......----------.478, 486, 543
INDEX
647
N
National Defense Week; commend, SR 34--------.------------------264, 330, 476 National Editorial Association; relative to, HR 189------------------_----..._335 Natural Resources Committee; inspect coastal facilities, SR 11-_._--_____..46 Natural Resources, State Department of; clarify
authority, HB 324__...____..........___--------.______--263, 268, 314, 347, 403 New Trials; review of first grant of new trials,
HB 389 .__._____________________............___....._.._._.302, 310, 347, 493, 530 Newnan, City of; employees' retirement, HB 308--------249, 252, 270, 382, 386 Newsome, J. L.; compensate, HR 36..----__.___.----.334, 341, 381, 491, 522 Newspapers, County; selection of, SB 80----_.._....___.__._._....203, 235, 444 Newton County; board of directors, HB 368........._.--__._......_._._...301, 309, 346 Newton County; certain officials, salaries, HB 369--_._._.._._----301, 309, 346 Nixon, Senator C. 0.; greetings on birthday, SR 16.._.._._______--___._----_81 Non-Profit Medical Service Act; include podiatrists, SB 88....----------231, 253, 347 Norman Park, City of; tax rate, HB 218------------.--------202, 205, 236, 271, 284 North Fulton Special Choir; designate as official State Choir, HR 156--303, 356 Notify Governor General Assembly organized, SR 3..._____..._.._......8, 12, 13 Notify Governor General Assembly organized, HR 2....._.___.._..._________10, 11 Notify House that Senate has organized, SR 2--------___..._....__._--.._.._...8 Notify Senate that House has organized, HR 1__.__.____________...10, 11
o
Occupational Diseases; include phosphorus poisoning, SB 126------__.415, 440 Oconee Judicial Circuit; salary of solicitor general,
HB 290 ----.........----------------__--------..------__--_--..229, 234, 256, 271, 288 Oil Centennial Year; designate, HR 143----_...._----------__________._.._______.250 Oil and Gas Commission, State; abolish, HB 43___.--------113, 114, 132, 191, 200 Old-Age and Survivor's Insurance Act; amend, include
employees of Georgia Military College, HB 485------.477, 481, 539, 549, 602 Ordinaries; qualifications, in counties of 300,000
or more, HB 404___._______________________.____------------302, 310, 346, 382, 391 Ordinaries; retirement benefits, SB 85______-204, 236, 271, 291, 296, 625, 628 Ordinaries; retirement benefits, HB 395 ..........___--514, 517, 544, 579, 624, 626 Ordinaries; salaries, certain counties, HB 219------__-202, 205, 236, 272, 285 Ordinaries; transaction of business, HB 119 ...------------182, 185, 206, 271, 294 Oxford, Town of; salaries of mayor and councilmen,
HB 371 ----.______________________--------_--------------_.__...301, 309, 346, 382, 389
P
Pannel, Mr. W. Gray, compensate, HR 47--___________.334, 341, 381, 491, 523 Pannel, Mr. W. Gray, compensate, HR 48--__________...335, 341, 381, 491, 524 Park Authority Act; facilities, SB 11----_______....___52, 59, 62, 76, 94, 142, 365 Parker, Mr. Albert, compensate, HR 67----..________368, 376, 423, 491, 525 Parking spaces; for General Assembly, SR 27--____._______----..210, 248, 476 Pataula Judicial Circuit, Solicitor's compensation,
HB 251 __________._,,__..............________________........227, 232, 254, 271, 286 Paulding County; clerical help, HB 510.----------..................412, 419, 443, 492, 513 Paulding County; ordinary, clerical help, HB 511----------412, 419, 443, 492, 513 Peace Bond; breach of, applicable to certain counties,
SB 127 ----_.--------.___.___.____._.__._--.--------415, 440, 445, 507, 530, 599, 615, 629 Peace Officers' Annuity; investments and suits, HB 261--332, 337, 378, 448, 528
648
INDEX
Peachtree City; create and incorporate, HB 242_--________227, 231, 253, 447, 449 Pembroke, City of; City Court, HB 74_-------------98, 102, 117, 272, 276, 414 Penal and Correctional Affairs Committee; make interim inspection, SR 64--620 Pensions; all officers and widows, certain cities, HB 147....163, 169, 189, 272, 283 Pensions; certain cities, HB 146_._........__.........___----163, 169, 188, 272, 282 Pensions; certain cities, HB 383_._.__...___.._..301, 310, 346, 373, 382, 390 Pensions; credit service in armed forces, certain cities,
HB 150 -,,___._----__--_..-_----.--_-----------------164, 169, 189, 272, 274, 414 Pensions; police department, certain cities, HB 151--------164, 169, 189, 272, 283 Perry, Sen. Eldridge; commend, SR 68 .______--_---__.__.--................................... 620 Persuaders for loading livestock, HB 209.............._...........515, 516, 544, 580, 598 Pest Control Act, repeal, SB 109.................._...__.__..__----------------303, 341 Petroleum products; enforce law pertaining to,
SB 43 ........__._____________....._________._113, 131, 192, 197, 219, 577, 627 Phosphorus poisoning; occupational disease include, SB 126.....--................415, 440 Pickens County; conveyance of property, HR 78__.___263, 268, 314, 347, 406, 544 Picture; members of General Assembly, SR 28__.___..__._.._____------210 Pistols; carried illegally declared contraband, SB 53........_147, 172, 191, 199, 219 Planning Commissions; certain counties, establish
separate or joint, HB 307.....--.-.----....--__..302, 307, 344, 383, 428, 624 Planning Commission Act; State, repeal,
SB 12 ________________________._________._.__52, 59, 62, 76, 94, 143, 365 Plats, Maps; filing records of, SB 110---------___.--_--....._304, 341, 382 Plumbers, steam fitters; examination, certain counties,
HB 165 ------------------------------._.__________----.302, 306, 343, 424, 426 Podiatrists; Non-Profit Medical Service Act, amend
to include, SB 88 ___.______..____----.....________________....231, 253, 347 Polk County; abolish mode of compensation to certain
officials, HB 309-------------------------_.249, 252, 270, 316, 321, 402, 489 Ports Authority Act, amend, Governor to convey
property, SB 73----______________________167, 187, 273, 296, 329, 564, 628 Powder Springs, City of; increase corporate limits,
HB 284 .------------.--------____._------.----.----....263, 267, 313, 349, 354 Powers, Wilbur F.; compensate, HR 38-----_.----------367, 376, 423, 491, 523 Prather, Mr. Bert; Golf Day in memory of, HR 233-----------------__.476, 537 President pro-tern; elected, SR 2--------______________________,,_--_______8, 12 Presidential electors; functions transferred to Elections
Commission, SB 19--------------------------------55, 60, 62, 78, 94, 143, 365 Press; commend for coverage of Senate, SR 57--_.______._._______--.________..__________573 Private Employment Agencies; regulate, HB 19----------201, 204, 236, 316, 361 Property Assessment; in force till new return, HB 394--___________.___301, 310, 346 Property purchaser; protect from incompetents,
SB 89 .---------------------------------------250, 269, 315, 316, 328, 365 Proposed Legislation; General Assembly, Comm. to hold
hearings on, SB 75-----____-_ _______.---184, 206, 316, 356, 407, 625, 628 Psychiatrists; communications with patient be privileged,
HB 493 --,,..-----__.--__..___._--------------------477, 481, 539, 579, 611 Public Office; holding of, eligibility, HB 548---------------.___.514, 518, 544, 579
Public Officers; actions on bonds, HB 326----------.,,----....369, 372, 420, 494, 558
Public Property; procedure for sale of, HB 246--333, 337, 378, 448, 457, 527, 579
Public Records; inspection, SB 78---------------203, 235, 315, 324, 365, 564, 628
Public Schools; Governor implement power, respect to, SB 1 _______-.___.._.__....__.__..__----..48, 58, 61, 65, 70, 111, 140
Public Schools; outlines of grades and courses, HR 59 ___________________________--....____..____--------.303, 311, 347, 348, 406
INDEX
649
Public Service Commission; reciprocal agreements, HR 85 __._.___._._.___._...___--------------------515, 517, 544, 578, 615
Public Service Commission; confirm reciprocal agreement, SR 52--__----470, 530 Public Service Commission; Georgia-Oklahoma Reciprocal Agreement----460-469
Pulaski County; commissioner of roads and revenue, HB 437 ....._____.--------------.__.._._.._....__..____......369, 373, 421, 446, 452
R
Randolph County; compensation of county commissioners, HB 48 .................__._...____.....___--------------------97, 101, 116, 154, 177
Rape; punishment for, SB 90_--------_--_--_--_____----251, 269, 315, 328, 365 Realty; not part of year's support of child of testator, SB 55.....--.--....147, 172 Reckless Driving; define, SB 52................__------__--....147, 171, 273, 289, 329 Recreation Commission, Georgia; repeal act creating,
HB 12 _...__.._..._.....__._____.........______.........112, 114, 132, 133, 155, 160 Reidsville, City Court of; funds paid to Tatnall County,
HB 438 _______-._.___._.___________................370, 373, 421, 447, 452 Remanufactured Motors; label as such, HB 472.....--------437, 439, 488, 548, 573 Reserve Officers Association; commend, SR 34....___.........._..._....._...264, 330, 476 Richmond County; board of education, HB 459...__...........371, 375, 422, 447, 455 Rights of Inheritance; benefits of life policies denied
certain persons, HB 25----._........_......_................_.._.------409, 415, 440, 579, 597 Ringgold, Town of; election hours, SB 121__--336, 377, 424, 425, 433, 533, 629 Ringgold, Town of; corporate limits, SB 120..._336, 377, 424, 425, 433, 533, 629 Rockdale County; tax commissioner, clerical help,
HB 520 .......________________________________________...........474, 482, 539, 546, 588 Rogers, Tommie T.; compensate, HR 66-.____.....__..325, 341, 381, 491, 525 Rome, City of; amend charter, HB 174......................__......145, 151, 175, 208, 244 Rome, City of; corporate limits, HB 173........__....__.....145, 151, 174, 205, 244 Rossville, City of; corporate limits, HB 546.______----.473, 484, 541, 546, 592 Rough Pish; regulate spear fishing, HB 363........--..------332, 338, 379, 494, 529 Rural Roads Authority Act; transfer authority to State
Highway Board, SB 7 ...__________--___-50, 59, 62, 68, 76, 112, 140 Russell, Senator Richard B.; invitation to address
General Assembly, HR 86....__......_.......__________________..126, 127, 260
s
Safety Fire Commissioner; abolish advisory board and board of appeals, SB 14...._....__.____.......__.....53, 59, 62, 77, 94, 143, 365
Saint Marys, City of; close certain streets, HB 65......-..----97, 101, 116, 154, 177 Saint Marys, City of; stabilize tax program, HR 39..----367, 376, 423, 490, 552 Sanders, Senator Carl; elected president pro-tern of Senate-----.--------.......619 Savannah, City of; civil service system, HB 550--....._.....477, 484, 541, 546, 592 Savannah, City of; corporate limits, HB 208..._________..165, 171, 190, 209, 246 Savannah, City of; easement ratified, HR 80--____________... 203, 205, 237, 259 Savannah, City of; General Assembly express appreciation to, HR 96........127, 128 Savannah, City of; municipal court, HB 528.__._.__----472, 482, 540, 546, 590 Savannah, City of; police court, HB 27_______.___--96, 100, 115, 154, 176 Savannah, City Court of; Judge's salary, HB 519..__----474, 481, 539, 546, 588 Savannah Independent Presbyterian Church, incorporate,
HB 300 ----..-------------____..___..___________230, 235, 256, 271, 289 Savannah Real Estate Board, Inc., compensation,
HR 173 ....__..______________________________----.514, 517, 545, 580, 614
650
INDEX
Schley County; publication of expenditures, HB 262...__...228, 232, 254, 316, 321 School age; child of six years may enter,
HB 98 --------------.146, 149, 173, 209, 217, 226, 259, 402, 404, 438, 518, 576 School Building Authority; Chancellor of University
Systems a member, HB 427-..._.._..______..__.._._._______.--.__.._______ School Building Authority; composition intent, HB 11--73, 75, 85, 106, 109, 165 School Principals; bonds, HB 32-----_._..------__----__298, 305, 316, 343, 381, 405 School System, Independent; support,
HB 5 .................----------72, 74, 84, 105, 120, 166, 179, 184, 223, 230 School Systems, Public; memorialize Congress to amend
Constitution, HR 99--------------..--___------------____......_...._._._.._..203, 210 Schools; consolidation in certain counties on approval
of voters, SB 61-----_______.--------_-----------------...148, 172, 256, 257, 296 Schools, Public; authorize closing of, SB 1--------------48, 58, 61, 65, 70, 111, 140 Schools, Public; preparation of outline of grades and
courses, HR 59------------------------------_.----------.303, 311, 347, 348, 406 Screven, City of; new charter, HB 93------------------__.99, 104, 118, 132, 157 Secretary of Senate; elected SR 2 ..--__----------------_------_----------..-_-8, 12 Secretary of Senate; reimburse for expenses, SR 61------------------------_--619 Secretary of State; dispose of surplus property,
renovation of Capitol, SR 29--______._------------------------------_--.210 Securities Act, Georgia; amend, redefine salesman,
HB 16 --------_----_---------_------------------.333, 337, 378, 444, 456 Seed Development Commission, Georgia; create,
HB 184 ----__._----------.--------------------_-.--..302, 306, 343, 347, 402, 438 Seminole County; compensate, HR 31......---_----------.334, 340, 381, 491, 521 Senate Administrative Affairs Committee; hold-over, SR 59--._._.......___619 Senate Attaches; compensation, SR 13--__----__--_._._...._____.__47 Senate Officers and Staff; commend, SR 60_________.....______.___619 Senate Rule 15; amend, SR 10....------..__._______.____...__--10, 32, 33 Senate Rule 134; amend, SR 8.----.----..___________.._._.____10, 32, 33 Senate Rules; adopt from 1957-58 Session, SR 1--..___________________8 Senatorial Districts; increase number, SR 46--------_____.__.--..____337, 378 Senators; compensation, SR 25.__-_.._.__..__._.__.__.._._.__..__._.__.____..__.__.181 Senoia, City of; taxation, HB 518...._--------___.-.-...---474, 481, 539, 545, 588 Shellman, Town of; change name to City of Shellman,
HB 49 ..____.........----.----.---------------_----------97, 101, 116, 154, 177 Sheriffs; gas allowance, certain cities, HB 202.------------202, 205, 236, 272, 284 Sheriffs; payment of fees, certain counties, HB 166------436, 438, 487, 491, 550 Sheriffs; salary, certain counties, HB 219-----------__202, 205, 236, 272, 285 Small Claims Court; change costs, certain counties,
HB 161 ..---__......_____________---- _----------__.--.__202, 204, 236, 271, 284
Smyrna, City of; amend Charter, HB 497-----------------412, 418, 442, 492, 512
Social Security; coverage for employees of Georgia Military College, HB 485--------__.-.._..___.___.....477, 481, 539, 549, 602
Soil Conditioners; regulate registration and inspection, HB 70 ........--..............__..-----___._---------__-298, 306, 343, 446, 456
Solicitation of Votes; certain counties, HB 22--------------96, 100, 115, 257, 294
Solicitors General; certain Judicial Circuits, appoint investigators, SB 28_--__...----..._._._.....__----74, 83, 207, 210, 247
Southeastern Poultry and Egg Association; commend, SR 23----___...------..127
Southern Bell Telephone Company; express appreciation to, SR 62-----------...619
Southern Land, Timber and Pulp Corporation; extend good wishes to, SR 53___--------------------------------------470, 530
INDEX
651
Southern Land, Timber and Pulp Corporation; extend good wishes to, HR 228....--__~_...............____....___.____.....___479, 536
Sparta, City of; corporate limits, HB 175----...--.__.....145, 151, 175, 208, 244 Spear fishing; regulate, HB 363..----------._________.332, 338, 379, 494, 529 Springfield, City of; election hours, HB 104-.----._..._.__.125, 130, 153, 208, 240 State Board of Hairdressers and Cosmetologist Examiners;
create, SB 95..------._---------------------------------.-251, 269, 318, 329 State Board of Health; hearings, HB 491--_........_._------.614, 518, 544, 547, 610 State Board of Pardons and Paroles; abolish advisory
staff, HB 8----------_--_-.__----------------___.--_72, 75, 84, 106, 108 State Board of Registrations for Foresters; amend act
creating, HB 92......_.....------_...------__......__......__.302, 306, 343, 444, 527 State Board of Vocational Education; amended act creating,
HB 357 __--__.--.--------------.__--------------------------410, 416, 441, 445, 529 State Bridge Building Authority; transfer to State Highway
Board, SB 6__..--____------------------------------50, 59, 61, 68, 76, 112, 140 State Department of Commerce; amend act creating,
SB 82 .------------------------......__--..203, 235, 238, 257, 258, 296, 370, 628 State Department of Entomology; transfer to Department
of Agriculture, HB 6...__----_____.--.......--_------------..--72, 74, 84, 133, 160 State Department of Entomology; transfer to Department
of Agriculture, HB 422..------------.........--------.------369, 373, 420, 547, 558 State Department of Natural Resources; clarify authority,
HB 324 ____--------------____----..,,_._----------.------263, 268, 314, 347, 403 State Employees; actions constituting crimes,
HB 1 ------..__------_--------82, 83, 89, 105, 107, 166, 179, 184, 195, 196 State Employees; commend, HR 226.....-.----_._...--_----------...------__...__.479, 536 State Employees; committee to study working conditions, SR 58----------573, 578 State Employees; State to furnish counsel in certain cases,
SB 4 -.-..._--------.----------------------_------..49, 58, 61, 67, 70, 112, 140 State Employees Retirement System Act; amend,
SB 83 .._--------------.--------.--------204, 235, 257, 325, 365, 599, 609, 628 State Employees Retirement System Act; prior service
accumulations, SB 124------------------------...----------------_------336, 378 State Farmer's Markets; funds for expansion,
SR 18 ....----------.----------------.------------88, 105, 133, 160, 181, 626, 629 State Farmer's Markets; operation, SB 36.----...88, 105, 133, 159, 181, 625, 627 State Forestry Commission, amend act creating, HB 13--.----73, 75, 85, 133, 161 State Game and Fish Commission; crabbing regulated,
certain counties, HB 64..-........--.------------------------201, 204, 236, 272, 282 State Game and Fish Commission; non-resident licenses,
HB 385 ----_--....------_----------__------------------------369, 420, 494, 529 State Game and Fish Commission; regulate spear fishing,
HB 363 ------------------------------------_--------------332, 338, 379, 494, 529 State Game and Fish Laws, violation, court of ordinary,
SB 24 ------.----------.----_-----------------------.----73, 83, 133, 156, 181 State Guard Association; commend, HR 229--------------................._-....479, 537 State Highway Board Act; amend, contracts, bids, SB 64--166, 186, 273, 290, 296 State Library Committee; abolish SB 13--------------53, 59, 62, 77, 94, 143, 365 State Merit Board; exempt certain employees, HB 264----.228, 232, 254, 317, 359
State Officials; compensation, HB 282----------------------478, 480, 538, 545, 601
State Oil Chemist; enforce law pertaining to pertoleum products, SB 43--__.--------------------------113, 131, 192, 197, 219, 577, 627
State Oil and Gas Commission; abolish, HB 43-------------113, 114, 132, 191, 200
State Park Authority Act; repeal, SB 11----........----52, 59, 62, 76, 94, 142, 365
652
INDEX
State Parks; expenditure of city and county funds; HB 324 ._._._..__.._....._------------_____--------__....263, 268, 314, 347, 403
State Planning Commission Act; repeal, SB 12------52, 59, 62, 76, 94, 143, 365 State Ports; relative to progress of, HR 91----------------------__..__._._._._..127 State Prison; employees, retirement and benefits, HR 133------------_..437, 470 State purchases; regulate, HB 71----------------------_------------------98, 102, 116 State records, obsolete, authorize destruction, HB 10__.._...._..73, 75, 85, 86, 93 State Registration and Election Information Board; transfer
duties to Elections Board, SB 20----____----------55, 60, 62, 79, 94, 143, 365 State School Building Authority; Chancellor of University
System a member, HB 427------------------------_334, 340, 380, 382, 432 State School Building Authority; composition intent,
HB 11 .....___.....__.........__........__.........................73, 75, 85, 106, 109, 165 State Toll Bridge Authority; amend, SB 5----------50, 59, 61, 68, 76, 112, 140 State Toll Bridge Authority; Sidney Lanier Bridge, rates, HR 206------476, 536 State Training School; confine delinquent children,
SB 25------------___-----_--------------__--73, 83, 119, 122, 155, 158, 181 State War Ballot Commission; transfer functions to
Elections Commission, SB 22_--_----..........__----_56, 60, 62, 79, 94, 144, 365 State Warehouse Act; amend, SB 37------------88, 105, 192, 194, 219, 625, 627 Steam Fitters; board of examiners, certain counties,
HB 165 _--...__-----_---...... ----_----.----__.....302, 306, 343, 424, 426 Stewart, Hon. George D., elected Secretary of Senate.------____--.___...__7 Stone Mountain Judicial Circuit; Solicitor's assistants, HB 530------473, 482, 540 Stone Mountain Judicial Circuit; Solicitor's compensation, HB 533_473, 483, 540 Stone Mountain Memorial Association Act; amend, HB 298.----263, 313, 317, 360 Stone Mountain Memorial Association, commend, HR 214__..__.__.___..437, 470 Storey, Luther Bridge, designate, HR 29------...------.202, 206, 237, 318, 362, 414 Structural Pest Control Act; repeal, SB 109-----------_----._--------303, 341 Suits by minors; married minors settle claims in own name,
HB 397 .__.--____-_---__._...____.____-332, 338, 379, 444, 458 Summary Judgments; procedure, HB 26--------------------163, 168, 188, 315, 329 Summerville, City of; new charter, HB 425---__.--_-334, 340, 380, 492, 510 Sumter County; land conveyance, HR 148------------------478, 486, 543, 545, 616 Superior Court; duties of clerk, certain counties,
HB 163 __-------------.-------- ----------------------------144, 150, 174, 208, 243 Superior Court; judges emeritus, HB 34----97, 101, 115, 119, 139, 142, 159, 413 Superior Court; lend records to University of Georgia for
microfilming, HR 54__----__.----------------_....._----.113, 114, 132, 444 Swainsboro, City of; corporate limits, HB 191----------145, 151, 175, 208, 239, 413
T
Talbot County; compensation of tax commissioner, HB 270 --------__..____.__----------------------_..228, 233, 255, 349, 353
Tatnall Prison; employees, retirement and benefits, HR 133----------------437, 470 Tax, Income; deductions for contributions to educational
organizations, HB 15--.__.--------------------__----------.82, 83, 89, 106, 110 Tax, Income; net income, computation and collection, HB 260_435, 438, 487, 493 Tax, Joint Income Study Committee, compensation, SR 42--------_315, 366, 375 Tax Receiver; amount of commission, certain counties,
HB 178 __..__--__-__--------------------_...262, 266, 312, 349, 352 Tax Receiver; fees, certain counties, HB 245...--------__..227, 232, 254, 272, 286 Tax Receivers and Collectors; commissions, HB 332-__--------369, 373, 420, 444 Tax Receivers and Collectors; joint city-county boards,
certain counties, HB 322------------.------------__----250, 253, 271, 578, 586
INDEX
653
Taxes; amount municipal corporation may levy for current
expenses, HB 97_____------------__.----------------99, 104, 118, 208, 239
Taxes; ratify executive order suspending tax,
Interstate Commerce, HR 184.----------------------------.437, 440, 488, 490, 568
Taxes; installment paying, certain counties, SB 33--------....87, 104, 106, 119, 141
Taxes; personal property, assessment in force until new
return, HB 394...._._..--...-........-.--.._._----_..--___._...----------.301, 310, 346
Teachers'; contract, provide pay in event of school closing,
HB 374 __._-__----_---------------
.------------332, 338, 379, 445, 458
Teachers' Retirement System; creditable service, HB 215--------372, 420, 445, 527
Teachers' Retirement System; include employees of Radio
Station WGST, HB 206--------------------------------.368, 372, 420, 445, 456
Telephone service; memorialize Congress, repeal excise tax, SR 51__..___,,_....434
Telfair County; compensation of commissioner of roads
and revenues, HB 344----------------------___------._----.300, 308, 345, 447, 449
Telfair County; compensation of clerk of tax commissioner,
HB 343 -.__..-______.__--------------------.-------------- 300, 308, 345, 446, 449
Telfair County; compensation of tax commissioner,
HB 347 ---------------- -------.----------------------------300, 308, 345, 446, 450
Telfair County; land conveyance, HR 123----.........----------.335, 341, 381, 424, 433
Temple bombing; Jr. Chamber of Commerce condemnation, SR 65--..___..__,,_.620
Tenants; partition on petition of life tenants, HB 487--.--.411, 417, 442, 579, 610
Thomaston, City of; corporate limits, HB 197..__----------.64, 170, 190, 209, 246
Thomson, City of; corporate limits, SB 68..--..--167, 187, 208, 211, 248, 533, 628
Thrasher, Hon. B. E., joint session to honor, SR 36----_.__------...264, 291, 296, 303
Thunderbolt, Town of; number of aldermen, HB 99------_..124, 129, 152, 208, 240
Tidwell, A. W., compensate, HR 56------__----------------_.515, 518, 544, 580, 612
Tift County; school board, compensation, HR 77__._....._..____------368, 376, 423
Tifton Judicial Circuit; compensation of solicitor-general,
HB 176 -.___._----..... ---___-_-____---------------- ..145, 151, 175, 208, 245
Toombs County; board of commissioners, create, HB 195--164, 170, 189, 209, 245
Toombs County; quarterly statements, annual audits,
SB 45 -------------.------------114, 132, 154, 176, 196, 302, 407
Traffic Court; officials' compensation, cities of 300,000
or more, HB 432.....----------------------------334, 340, 381, 447, 451, 476, 508
Trailers; dealer license plates, HB 503--------------------_.437, 439, 488, 493, 561
Transit systems; confirm executive order, tax penalties,
HR 116 ....__-..---------_--------_----_.--------264, 268, 314, 348, 360
Trespass; wilful, fix punishment, HB 216----.........--------.183, 185, 207, 316, 363
Trials, new; require judge to state grounds, HB 389-------302, 310, 347, 493, 530
Troup County; compensation of coroner, HB 414--------...333, 339, 380, 446, 450
Truck brokers; agricultural products, enforcement of
contracts, HB 420------_______--------._._..._._...__----------------_------.514, 517, 544
Trust Fund, Common; amend act creating, SB 48---------.128, 152, 175, 180, 196
Trustees; appointment of, HB 234.......................--------__..__._183, 186, 207, 315, 364
Trustees; non-resident, service of process, HB 226...--------.183, 186, 207, 315, 364
Turner County; commissioners of roads and revenues,
SB 93 ----..-------------.......................251, 269, 316, 319, 365, 475, 628
Twin City, City of; amend charter, SB 116.------304, 342, 383, 385, 433, 533, 628
u
Unicoi State Park; easement to United States ratified, HR 117 _.___.----------__--------------.------.------264, 268, 314, 347, 403
Uniform Act Regulating Traffic on Highways; define street or highway, SB 86------------------------------------ 230, 253, 273, 292, 330
654
INDEX
Uniform Act Regulating Traffic on Highways; mark no passing zones, SB 57.----------------------148, 172, 273, 290, 329, 577, 627
Uniform Act Regulating Traffic on Highways; racing, HB 47 .....__._..._.___........_._____________________________._.261, 266, 312, 317, 361
Uniform Act Regulating Traffic on Highways; define reckless driving, SB 52----___--------------------_...147, 171, 273, 289, 329
Uniform Act Regulating Traffic on Highways; speed limit, SB 79--...----__.--------..----...----.203, 235, 317, 328, 365, 577, 628
Uniform Commercial Code; committee to study, HR 130----------------575, 623 Uniform Foreign Depositions Act; adopt, HB 116..----__..514, 516, 543, 579, 597 Unincorporated organizations; to sue and be sued,
HB 272 -- ...__._--------------------------228, 233, 255, 317, 361, 414 Union Bag-Camp Paper Corporation; express appreciation
to, HR 95 -----------____..__------.....____------_----___-.------__127, 128 Union County; commissioners of roads and revenues,
HB 132 ____----_--....----.___----------__-227, 231, 253, 546, 549, 576 United States Constitution; memorialize Congress to amend
Constitution, education, HR 99------------------.----.__..._.__------.203, 210
United States Senators; Elections Commission to canvass votes, SB 21--_--------------------------56, 60, 62, 79, 94, 144, 365
University System; authorize closing of schools under control of Board of Regents, SB 2-----------------49, 58, 61, 65, 70, 111, 140
University System; four year program Georgia Southwestern College, SR 54--_.______...____----...----.._______------........--_..470
University System; dormitory housing facilities, HB 323 .._____----------.-._----------_.----.----._263, 268, 314, 318, 360
University System; govern admission as to age, SB 3 ...........__..._--.._----_----___..49, 58, 61, 66, 70, 126, 139, 156
University System Building Authority; Chancellor of University System, member, HB 426--------------------.334, 340, 380, 382, 432
University System Building Authority; staff, HB 14 ------------------------------_...._----------73, 75, 85, 106, 109, 165
V
Valdosta, City of; corporate limits, HB 451-.----.----.----370, 374, 421, 447, 454 Valdosta, City of; recorder's court, fines, HB 452--------.371, 374, 422, 447, 454 Veterans Administration and FHA; adopt requirements
as to lumber, SR 32----------------------------------_----------------237, 260, 476 Veterans, disabled; homestead exemption, HB 112----------146, 149, 173, 191, 216 Veterans hospitals; create committee to investigate facilities,
SR 45 ------------------------------------------337, 378, 447, 460, 530, 626, 629 Veterans hospitals; relative to, HR 157----_------------------------------303, 356 Veterans, number of free license tags for disabled,
HB 365 ....------------------.__------------------------334, 338, 379, 446, 457 Veterans Resettlement Act; repeal, SB 16------------50, 60, 62, 78, 94, 143, 365 Vidalia, City of; convey State Farmers Market property,
SR 26 -----___,,------------------------------__-----.185, 206, 273, 293, 330 Vienna, City of; qualification of voters, HB 142.------_--126, 131, 153, 208, 241 Voters Registration Act; cancellation of registration,
HB 372 ----_----.---- ...----_______.....__--------------515, 516, 544, 601 Voters Registration Act; provide for places of
registration, SB 92----------------------------251, 269, 315, 318, 365, 475, 628 Voting machines; to remain locked 15 days,
SB 50 ....__..___.--......________._.--129, 152, 193, 210, 247, 532, 627
INDEX
655
Voting machines; party voted for in one operation, certain counties, HB 113._.._______------------------------________125, 130, 153
Voting machines; preparations and operations, SB 31---_______82, 89, 105, 107, 120 Voting machines; provide for use in all elections,
HB 239 ------------------------------_.------410, 415, 441, 491, 545, 557, 576 Voting places; solicitation of votes, HB 22___________.______________96, 100, 115, 257, 294
w
W. and A. Railroad; expansion of facilities, HR 200____________413, 419, 444, 490, 568 W. and A. Railroad Commission; recommendations to
General Assembly, HB 430..-----------__-334, 340, 381, 490, 558, 579 WGST; employees of radio station, include under
Teachers' Retirement Act, HB 206----------------.368, 372, 420, 445, 456 Wadley, City of; elections, HB 223--------------------------202, 205, 237, 272, 285 Walker County; commissioner of road and revenues,
HB 547 --.------------------------------------..------------474, 484, 541, 546, 592 Walker County; sale of mobile equipment, HB 133...--------125, 130, 153, 208, 241 Walker County, City Court of; judge's salary,
HB 134 --------------------____.--------------125, 130, 153, 256, 258, 408 War Ballot Commission; transfer functions, SB 22_____ 56, 60, 62, 79, 94, 144, 365 War Memorial Building Commission; abolish, SB 9--51, 59, 62, 69, 76, 112, 140 Wards; sales of estate by guardian where citation
published, SB 91--....__._._..____------------------------------251, 269, 315 Ware County; sanitary districts, HB 314------------.------299, 307, 344, 383, 386 Warehouse Act, Georgia State; amend, SB 37----88, 105, 192, 194, 219, 625, 627 Warner Robins, City of; corporate limits, HB 517......------474, 481, 539, 546, 588 Warren County; annual audits, HB 69----------------------98, 102, 116, 154, 178 Water pollution; committee to study, HR 218_........._____________________________599, 620 Watkinsville, Town of; amend charter, HB 253----.....227, 232, 254, 272, 273, 286 Wattenbarger, Mrs. Anna; compensate, HR 118----.--------435, 439, 488, 547, 562 Waycross, City of; compensation of city manager,
HB 196 ------......------------------.__........___----------.....164, 170, 189, 209, 245 Waycross, City of; corporate limits, HB 551--------------.477, 484, 541, 577, 593 Waycross, City of; include Wayne Hinson Subdivision,
HB 488 ------------_----_.------.----__-___..--------411, 417, 442, 491, 512 Wayne County; sheriff and clerk of superior court,
salaries, HB 556------------------------------------.------472, 485, 542, 577, 594
Waynesboro, City of; State Farmers Market, convey property, SR 39 _..__.......----------------------305, 342, 349, 401, 407, 577, 629
Webb, Mrs. Paul, Sr.; express sympathy to family, SR 12----__--.--------------46
Western and Atlantic Railroad; expansion of facilities, HR 200 --------------------------------------------413, 419, 444, 490, 568
Western and Atlantic Railroad Commission; recommendations to General Assembly, HB 430..--------------......----334, 340, 381, 490, 558, 579
White, Town of; amend charter, HB 464--_----___----371, 375, 422, 492, 507, 535
White County; Unicoi State Park, easement, HR 117----264, 268, 314, 347, 403
Whitehall Plantation; extension of option, HR 134------.,,_------_,,_-------- ___________335
Wilful trespass; fix punishment for, HB 216--..._--......--183, 185, 207, 316, 363
Wilkes County; State Librarian furnish law books, HR 68 ----_.._-....-.------------------..------.........------..183, 186, 207, 257, 289
Williamson, Jimmy, express appreciation to, HR 90--...----______--------...126, 127
Wills and Administration of Estates; amend, HB 118----515, 516, 543, 579, 597
656
INDEX
Winterville, City of; public utilities, HB 222----_,,__------202, 205, 237, 272, 285 Witnesses; requirements of residence, HB 356--,----------300, 308, 345, 382, 404 Woodruff, Hon. James W., commemorate, SR 50--------_._..._........_434, 470, 534
Y
Year's support; realty not part of support of child testator, SB 55----_.._147, 172
INDEX
657
PART II SENATE BILLS AND RESOLUTIONS
SENATE BILLS
SB 1--Authorize closing of public schools ----____ 48, 58, 61, 65, 70, 111, 140 SB 2--Governor implement power, respect to
University System ____---------- ------------49, 58, 61, 65, 70, 111, 140 SB 3--University System; govern admission
as to age ------ .------------------_...49, 58, 61, 66, 70, 126, 139, 156 SB 4--Public officers; court action against,
designate counsel ____----_--------__--49, 58, 61, 67, 70, 112, 140 SB 5--State Toll Bridge Authority Act, amend,
transfer to Highway Board-.----__._.___50, 59, 61, 68, 76, 112, 140 SB 6--State Bridge Building Authority Act; amend,
transfer to Highway Board__----__..._...50, 59, 61, 68, 76, 112, 140 SB 7--Georgia Rural Roads Authority Act; amend,
transfer to Highway Board----------------50, 59, 62, 68, 76, 112, 140 SB 8--Georgia Commission on Education Act;
repeal _______.--.------------------------------51, 59, 62, 69, 76, 112, 140 SB 9--War Memorials; repeal acts erecting
and supervising --------------------------------51, 59, 62, 69, 76, 112, 140 SB 10--Civil Defense Advisory Council; repeal
section 5 of act__---------------------- 51, 59, 62, 69, 76, 112, 140 SB 11--State Park Authority Act; operation------52, 59, 62, 76, 94, 142, 365 SB 12--State Planning Commission Act; repeal----52, 59, 62, 76, 94, 143, 365 SB 13--State Library Commission; abolish-.----..53, 59, 62, 77, 94, 143, 365 SB 14--Georgia Safety Fire Commission; abolish
advisory and appeal boards..................____53, 59, 62, 77, 94, 143, 365 SB 15--Aeronautics Advisory Board Act; repeal--53, 60, 62, 77, 94, 143, 365 SB 16--Veterans Resettlement Act; repeal..------..54, 60, 62, 78, 94, 143, 365 SB 17--Georgia Industrial Loan Act; amend------54, 60, 62, 78, 94, 143, 365 SB 18--Georgia Children's Code Commission Act;
repeal .__.._..._.._....._...........__.._....._.__..__......54, 60, 62, 78, 94, 143, 365 SB 19--Presidential electors; Board of Election
Commissioners .................._......__....._----55, 60, 62, 78, 94, 143, 365 SB 20--State Registration and Election Information
Board; transfer duties....................__....__55, 60, 62, 79, 94, 143, 365 SB 21--Elections Commission; canvass votes
U. S. Senators--------------------------------..56, 60, 62, 79, 94, 144, 365 SB 22--State War Ballot Commission Act; transfer
duties ....__...........................__.........._......56, 60, 62, 79, 94, 144, 365 SB 23--Elections Commission; create.------...........56, 61, 62, 79, 94, 144, 365 SB 24--Game and Fish Law; plea of guilty in
court of ordinary-.-.---.---.-------------__----73, 83, 133, 156, 181 SB 25--Delinquent children; confine in State
Training School ____________-----------..-.....73, 83, 119, 122, 155, 158, 181 SB 26--Hinesville, City Court; salary of Judge
and Solicitor .__._.._._._____--....73, 83, 106, 107, 120, 413, 627 SB 27--Deficiency judgments; debts secured by
bills of sale----__--.----73, 83, 106, 122, 315, 327, 331, 394, 407 SB 28--Solicitors General; certain judicial circuits,
appoint investigators .............--______________________----.74, 83, 207, 210, 247
658
INDEX
SB 29--Court reporters; compensation----------82, 88, 106, 107, 120, 230, 529
SB 30--Electric Membership Corporation; define
"rural area" ------------------------ ._------82, 88, 209, 217, 247
SB 31--Voting machines, preparation, public test--........-82, 89, 105, 107, 120
SB 32--Motor vehicles; action against
non-residents --------------------------87, 104, 119, 120, 140, 230, 627
SB 33--Taxes; installment payment, certain counties.--.87, 104, 106, 119, 141
SB 34--State Banks; invest in small investment
*
companies ---- .
..._----------87, 104, 119, 120, 141, 576, 627
SB 35--Register securities; in name of fiduciary--------..88, 104, 175, 180, 196
SB 36--Farmers' Markets; operation.___----___...88, 105, 133, 159, 181, 625, 627
SB 37--Georgia State Warehouse Act; amend,
appointment of director.--------------88, 105, 192, 194, 219, 625, 627
SB 38--Jury Commissioner; replacement-__------------.100, 114, 119, 138, 155
SB 39--Housing Authorities Law; valid creation
of authorities _------------._.............100, 115, 192, 194, 219, 577, 627
SB 40--Atlanta, City of; amend charter, contributions
to Georgia Tech___..........___..---100, 115, 132, 156, 181, 230, 627
SB 41--Dangerous Drug Act; vehicles
transporting contraband ._...----.____100, 115, 191, 195, 259, 296
SB 42--Motor Fuel Retailers; signs........113, 131, 192, 195, 219, 600, 602, 627
SB 43--State Oil Chemist; enforce law
pertaining to petroleum products----113, 131, 192, 197, 219, 577, 627
SB 44--Liens; enforcement ______------______..------______________114, 131, 191, 198, 219
SB 45--Toombs County; commissioner of
roads and revenues
._ ....... 114, 132, 154, 176, 196, 302, 407
SB 46--Agricultural products; failure
to pay for--...---------------128, 151, 192, 198, 219, 625, 627
SB 47--Banks; limit investment in
real estate --------------128, 152, 175, 180, 196, 414, 564, 566, 627
SB 48--Common Trust Funds; amend act creating...... 128, 152, 175, 180, 196
SB 49--Atlanta, City of; water mains--------------------------__.--..129, 152
SB 50--Voting machines; to remain
locked for 15 days-------------------129, 152, 193, 210, 247, 532, 627
SB 51--Counterfeiting; extend provisions to
include bank notes----------------- 147, 171, 192, 200, 219, 577, 627
SB 52--Uniform Act Regulating Traffic on Highways;
amend to define reckless driving....--.....---.....-.-147, 171, 273, 289, 329
SB 53--Pistols; illegally carried, contraband------.----..147, 172, 191, 199, 219
SB 54--Grand Jury; presence of stenographer, all counties----...__.._._147, 172
SB 55--Realty; not part of year's support of child------------._--------147, 172
SB 56--Lottery; second convictions, maximum
imprisonment ------------------------------------147, 172, 193, 198, 219
SB 57--Uniform Act Regulating Traffic on Highways;
amend, mark no-passing zones------.148, 172, 273, 290, 329, 577, 627
SB 58--Lottery tickets, illegal to sell or possess-------148, 172, 257, 290, 329
SB 59--Marriage licenses; ordinary to return.----._--.......--------148, 172, 191
SB 60--Marriage licenses; post notice
of application --------------------...------.148, 172, 191, 199, 258, 296
SB 61--Schools; consolidate on approval
majority of voters, certain counties------------.148, 172, 256, 257, 296
SB 62--Lenox, Town of; term of
councilmen --------------------------148, 173, 207, 211, 247, 368, 628
SB 63--Houston County; continue term
of grand jury ......_.....________._----148, 173, 191, 193, 219, 302, 628
INDEX
659
SB 64--State Highway Board; political subdivisions, bids ___--____------------_----------166, 186, 273, 290, 296
SB 65--Fireworks; remove exemptions __------_------________----___._166, 187 SB 66--Banks County; clerk of board of
commissioners, salary ________.__________166, 187, 208, 211, 247, 368, 628 SB 67--Grand Juries; continue beyond term of
court, cities of 300,000 -___-._--_____-___.__.166, 187, 208, 211, 248, 532, 628 SB 68--Thomson, Town of; corporate limits____167, 187, 208, 211, 248, 533, 628 SB 69--Hartwell, City of; candidates
for mayor ___--_--------_----__------167, 187, 208, 212, 248, 368, 628 SB 70--McDuffie County; salaries,
certain officials __--------_------------167, 187, 208, 212, 248, 533, 628 SB 71--Liberty County; tax commissioner,
compensation ..------------------------167, 187, 208, 212, 248, 413, 628 SB 72--Liberty County; superior court clerk,
compensation _______________________167, 187, 208, 212, 248, 551, 628 SB 73--Georgia Ports Authority; Governor to
convey property ----------------._..167, 187, 273, 296, 329, 564, 628 SB 74--Insurance Commissioner; appeals
from decision --------------------184, 206, 384, 395, 407, 599, 617, 628
SB 75--General Assembly; committee hold hearings, proposed legislation ___...184, 206, 316, 356, 407, 625, 628
SB 76--Lanier County; commissioners of roads and revenue, eminent domain----------184, 206, 272, 274, 329, 475, 628
SB 77--Coffee County; recall elections,
members board of commissioners.....------_______ 185, 206, 272, 274, 329 SB 78--Public records; inspection.------__-203, 235, 315, 324, 365, 564, 628 SB 79--Uniform Act Regulating Traffic on
Highways; speed limit.--__----------.203, 235, 317, 328, 365, 577, 628 SB 80--Official organ; selection of------------------------------_203, 235, 444 SB 81--Grand Juries; nominating----...------203, 235, 271, 291, 329, 571, 628 SB 82--Department of Commerce; abolish
board of commissioners--------_203, 235, 238, 257, 258, 296, 370, 628 SB 83--Employees' Retirement System Act;
amend, stipulate conditions _._._204, 235, 257, 325, 365, 599, 609, 628 SB 84--Conditional Bills of Sale; priority for____________________--------204, 235 SB 85--Ordinaries; retirement benefits..------204, 236, 271, 291, 296, 625, 628 SB 86--Uniform Act Regulating Traffic on
Highways; define street, highway------_------_230, 253, 273, 292, 330 SB 87--Crime Investigating Commission;
create --------___----------__________231, 253, 326, 365, 534, 560, 628 SB 88--Non-Profit Medical Service Act; amend
to include podiatrist __________________________.____231, 253, 347
SB 89--Property purchaser; protect from incompetents ----_____------__----______..250, 269, 315, 316, 328, 365
SB 90--Rape; provide for life imprisonment--________-251, 269, 315, 328, 365 SB 91--Estate of Wards; valid sales by guardian.------------------251, 269, 315 SB 92--Voters Registration Act; amend, places
of registration, certain counties------251, 269, 315, 318, 365, 475, 628
SB 93--Turner County; commissioners of roads and revenues --------------------_______251, 269, 316, 319, 365, 475, 628
SB 94--State Board of Barber Examiners; create..--_.----------251, 269, 318 SB 95--State Board of Hairdressers and
Cosmetologist Examiners; create._.----____.__..--251, 269, 318, 329 SB 96--Hawkinsville, City of; sale of
property _...___________----_----251, 269, 315, 319, 365, 475, 628
660
INDEX
SB 97--Hart County; tax commissioner to
appoint assistant _._._......._....___...252, 270, 315, 319, 365, 475, 628
SB 98--Hart County; board of finance,
create ............. ---- .--------
252, 270, 315, 319, 366, 475, 628
SB 99--Coffee County; board of commissioners,
provide number ....................... _............._.........._ 252, 270, 316, 320, 366
SB 100--Motor Contract Carriers; clarify exempt vehicles...---................264, 311
SB 101--Motor Common Carriers; exempt certain vehicles-...----___________ 264, 311
SB 102--Court of Appeals; Judge Emeritus,
judges defeated in elections........--_----..__.___._..___.264, 311, 350, 360, 407
SB 103--Insurer; not distinguish between licensed
healing profession members_----------------..........--...............265-311
SB 104--Candidates; distribution printed matter,
certain counties _--------_----_----------__----265, 311, 316, 350, 407
SB 105--Homer, Town of; corporate limits--............265, 311, 350, 407, 533, 628
SB 106--Fulton County; Civil and Criminal Court, retirement
of judges and solicitor---- 265, 312, 350, 351, 407, 475, 489, 535, 628
SB 107--Mineral Leasing Commission Act;
limit lands leased ----------------.......265, 312, 317, 359, 407, 625, 628
SB 108--Hinesville, City of; provide
for elections _.................. --303, 341, 383, 447, 448, 469, 574, 628
SB 109--Structural Pest Control Act; repeal-.-.....-....-...-----........__-303, 341
SB 110--Clerk of Superior Court; filing of maps and plats----_----304, 341, 382
SB 111--Georgia Board of Landscape Architects
Act; amend .__.--................__.....----...................304, 342, 349, 401, 407
SB 112--Fulton County; fire preventive
system ....--.------__----__----..--------..304, 342, 383, 384, 433, 575, 628
SB 113--Massage practice of; registration.._..___----------------------304, 342
SB 114--Fulton County; fire stations----------......_.----304, 342, 383, 384, 433
SB 115--Metter, City of; amend charter.------304, 342, 383, 385, 433, 533, 628
SB 116--Twin City; City of, change number
of wards ....--------..________-------------- 304, 342, 383, 385, 433, 533, 628
SB 117--Cook County; board of
commissioners ....--------..------------.305, 342, 383, 385, 433, 533, 628
SB 118--Atlanta, City of; pension system .----335, 377, 424, 425, 433, 575, 628
SB 119--Buena Vista, Town of; amend
charter ....__....__------______------.........336, 377, 424, 425, 433, 533, 629
SB 120--Ringgold, Town of; corporate limits -336, 377, 424, 425, 433, 533, 629
SB 121--Ringgold, Town of; election
hours _-------------------------336, 377, 424, 425, 433, 533, 629
SB 122--Fort Oglethorpe, Town of;
corporate limits ----______--------__..336, 377, 424, 426, 433, 534, 629
SB 123--Catoosa County; create board of
commissioners ...----.......________336, 377, 424, 426, 433, 535, 551, 629
SB 124--Employees Retirement System; prior service accumulations....336, 378
SB 125--Insurance, casualty; regulate
rates ___--.---------------__.....336, 378, 384, 432, 433, 575, 616, 629
SB 126--Occupational disease; include phosphorus poisoning..------------415, 440
SB 127--Breach of Peace Bond; applicable
to certain counties..----.......------415, 440, 445, 507, 530, 599, 615, 629
SENATE RESOLUTIONS
SR 1--Senate Rules; adopted from '57-'58 session___...______..._--._____--.8 SR 2--President Pro Tem, Secretary; elected ----__----_------_..............-- 8, 12 SR 3--General Assembly organized; notify Governor.----------------8, 12, 13
INDEX
661
SR 4--Election returns; canvass at joint session__._...._.._....____9, 12, 13 SR 5--Inauguration of Governor and Lieutenant Governor....___________9, 12, 14 SR 6--Inauguration; joint committee for escort--.__._--_____9, 12, 14 SR 7--Inauguration; joint session to arrange..,--------------__------9, 12, 14 SR 8--Senate Rule 134; amend .___----_------------------------...-----10, 32, 33 SR 9--Government Operations Committee; create.........._______.----10, 32, 45 SR 10--Senate Rule 15; amend----------------------------........--10, 32, 33 SR 11--Natural Resources Committee; inspect coastal facilities-.--_............46 SR 12--Webb, Mrs. Paul Sr.; condolences to family....-..--------__....__....--.46 SR 13--Senate Attaches; rules and compensation--_------------------------47 SR 14--Governor; succession if dies before qualifies.------57, 61, 193, 213, 248 SR 15--Mayors, municipal officials and employees; tribute..--.------._..._-70 SR 16--Nixon, Senator C. 0.; greetings on birthday--------.----------------81 SR 17--Livestock, slaughtered; inspection.----88, 105, 133, 160, 181, 625, 629 SR 18--Farmer's Market; expansion----------88, 105, 133, 160, 181, 626, 629
SR 19--Miller, Representative Jerre Chappell, Jr.; condolences to family ._....__._..____------------------__________.__.106
SR 20--Baker County; member of board of education be freeholder ------______--------------114, 132, 193, 391, 407, 574, 629
SR 21--Fountain, H. A. Bridge; designate....129, 152, 193, 199, 219, 626, 629 SR 22--Fulton County; indemnify persons against loss in
tax computation ____...__.__--_____.__----___--129, 152 SR 23--Southeastern Poultry and Egg Association; commend..._.__......_127
SR 24--Davis, Jefferson, Memorial Park; place portraits .....___________............_.------167, 188, 191, 216, 248
SR 25--Senators; compensation _.____.___.._.....--..._.....__..--_................._.._._181
SB 26--Vidalia, City of; convey State Farmers Market property _._.----------....____--------185, 206, 273, 293, 330
SR 27--Parking spaces; for General Assembly.............----...----.....210, 248, 476 SR 28--Pictures; members of General Assembly-------------------------- 210 SR 29--Capitol; Secretary of State dispose of surplus property----_.........210
SR 30--Georgia Official and Statistical Register; prepare and distribute .._--.._.____.._._.._._.--.,,___._____------210
SR 31--Berry, Miss Melinda Biggs, Maid of Cotton; invitation to visit ______..___..__._..__._._.__....._.._.._..__..__.....--_210
SR 32--Federal Housing Administration and Veterans Administration; relative to lumber--.._------__.___237, 260, 476
SR 33--Confederate cemeteries; caretaker___....--........_.._250, 296, 576, 629 SR 34--National Defense Week and Reserve
Officers Association; commend--------_._----------264, 330, 476
SR 35--Cedartown, City of; levy tax to encourage industry __._____....--._____..._265, 312, 347, 393, 407
SR 36--Thrasher, Hon. B. E.; joint session to honor------264, 291, 296, 303
SR 37--Georgia Atlantic Coast Line, survey; Secretary of State as Surveyor General.........--265, 312, 317, 359, 407, 626, 629
SR 38--High School Training; study on effectiveness ----_..___----------_305, 342, 348, 401, 407, 575, 601, 629
SR 39--Waynesboro State Farmers Market; convey property ___.........._.------305, 342, 349, 401, 407, 577, 629
SR 40--Agricultural and Natural Resources Committee; make interim inspection........__._._____.__........305, 343, 494, 573
SR 41--Burdine, Winston S.; invitation to address Senate._...............___..330 SR 42--Joint Income Tax Law Study Committee; compensation--315, 366, 575 SR 43--Georgia Commission on Co-ordination of
Highway Problems; create----..----.___.......305, 343, 384, 401, 433 SR 44--Griffin, Mr. Howard; sympathy to family on death................__.__330
662
INDEX
SR 45--Veterans; maintenance of hospitals and facilities __._.._.------------.----337, 378, 447, 460, 530, 626, 629
SR 46--Senatorial Districts; increase number----------------------__-337, 378 SR 47--Hall of Flags; establish----------------337, 378, 424, 432, 469, 534, 629 SR 48--Hall of Fame; additional busts.----------------------------490, 494, 530 SR 49--Bell Bridge; designate..----...__--._.._------------..434, 470, 575, 629 SR 50--Woodruff, Honorable James W.; commemorate------...----434, 470, 534 SR 51--Telephone services; memorialize Congress to
repeal excise taxes........_._..__.._.._._.--------------_._..__..__.--------.434 SR 52--Georgia Public Service Commission; confirm
reciprocal agreement ------________----__--------..._._--...--...470, 530
SR 53--Southern Land, Timber and Pulp; good wishes to directors and stockholders ----------_----_--__..__-----------.470, 530
SR 54--University System; four year program at Georgia Southwestern College ....___----.__..____.___.--........470
SR 55--Education; committee study change in methods-....----__438, 490, 494 SR 56--Lumpkin County; appreciation to citizens........_______------------------.573 SR 57--Press; appreciation to..._._.____.._..._..___....-_._..__...__._..._..__..__.._...__--573 SR 58--State Employees; committee to study working conditions----573, 578 SR 59--Senate Administrative Affairs Committee; hold-over...........----....._._619 SR 60--Senate, officers, staff; appreciation to.._..._----------------______619 SR 61--Lieutenant Governor and Secretary of Senate;
reimburse for expenses ----____----___--__------_._--------------..-619 SR 62--Southern Bell Telephone Company; appreciation to.------------619 SR 63--Finch, Major General George G.; commend.----------------------------620 SR 64--Penal and Correctional Affairs Committee;
make interim inspection_....._------------------------_.------.----620 SR 65--Temple Bombing; Junior Chamber of Commerce condemnation-.___.620 SR 66--Juvenile Court System of Georgia; investigate--.--------------------.620 SR 67--Health and Welfare Committee; inspect State institutions ..--------620 SR 68--Perry, Senator Eldridge; commend------------------------------------. 620
INDEX
663
PART III HOUSE BILLS AND RESOLUTIONS
HOUSE BILLS
HB 1--State Officers, Agents, Employees, dealing with State ...------.----.----82, 83, 89, 105, 107, 166, 179, 184, 195, 196
HB 2--Commission on Economy and Reorganization; create ___________________----72, 74, 84, 85, 89
HB 3--Joint Committee on Operations of General Assembly ..----72, 74, 84, 85, 89-92, 126, 141, 166, 220, 230
HB 4--Commission on Constitutional Government; create _______________________________--------72, 74, 84, 85, 93
HB 5--Independent School System; support --------------------.72, 74, 84, 105, 120, 166, 179, 184, 223, 230
HB 6--State Department of Entomology; transfer to Department of Agriculture.-...--------_.------.------72, 74, 84, 133, 160
HB 7--Employees Suggestion Award Board; transfer to Merit System ----...-..._......._.............._.._..._._............. 72, 74, 84, 86, 93
HB 8--State Board of Pardons and Paroles; abolish Advisory Staff------------------__.__.----.......72, 75, 84, 106, 108
HB 9--Motor vehicles; reciprocal agreements between states ...._....__..___...--------------------------72, 75, 84, 105, 108
HB 10--Destruction of State records; authorize Governor _____________________________.__73, 75, 85, 86, 93
HB 11--State School Building Authority Act; amend, composition intent -______.__.___--__73, 75, 85, 106, 109, 165
HB 12--Georgia Recreation Commission; repeal act creating ________------------------------112, 114, 132, 133, 155, 160
HB 13--State Forestry Commission; amend act relating to ------___.._.._...____.._....._.._..._.._____----73, 75, 85, 133, 161
HB 14--University System Building Authority Act; amend, staff ------______----------------------73, 75, 85, 106, 109, 165
HB 15--Income Tax; deduction for contributions to educational purposes ._._,,____________--____82, 83, 89, 106, 110
HB 16--Georgia Securities Act; amend, redefine "salesman" ____-_______________333, 337, 378, 444, 456
HB 18--Georgia Military Forces Act; conform, revise _______________._____________--162, 168, 188, 257, 294
HB 19--Private Employment Agencies; regulate--------201, 204, 236, 316, 361 HB 20--Military leave; reserves, U.S. or State--------162, 168, 188, 237, 259 HB 21--Livestock; sale of, change bonding
requirements __------261, 266, 312, 494, 520, 563, 566, 571, 602, 625 HB 22--Voting places; solicitation of votes.----------------96, 100, 115, 257, 294 HB 25--Rights of inheritance; benefit from insurance
denied heir __________________________409, 415, 440, 579, 597 HB 26--Summary Judgments; provide scope, use of
affidavits ____________________.__.----.163, 168, 188, 315, 329 HB 27--Savannah, City of; police court--------------------96, 100, 115, 154, 176 HB 28--Declaratory Judgments; practice and
procedure _____________________--------163, 168, 188, 315, 330 HB 29--Baldwin County; change time of electing
commissioners ------------______________------97, 100, 115, 154, 176 HB 30--Milledgeville State Hospital; police officers,
vest powers ___.__----____________--------97, 101, 115, 193, 216
664
INDEX
HB 31--Milledgeville State Hospital; patients support .--------------_.___..----------------409, 415, 441, 445, 528, 575
HB 32--School Principals' Bond; report to local board ....._------___--____----------_----_----.298, 305, 316, 343, 381, 405
HB 34--Judge of Superior Court Emeritus, eligibility ______.___.._______________________.97, 101, 115, 119, 139, 142, 159, 413
HB 42--Commissioner of Revenue; elective office, not apply to members of General Assembly...-.---.......... 82, 83, 89, 105, 110
HB 43--Oil and Gas Commission; abolish--------------113, 114, 132, 191, 200 HB 44--Albany, City of; employees, pensions._--.____........97, 101, 116, 154, 177 HB 47--Motor Vehicles; unlawful to race on
public roads -.----..-----____------.,,....-...............261, 266, 312, 317, 361 HB 48--Randolph County; Commissioner of Roads
and Revenues, compensate _....----_-_----------97, 101, 116, 154, 177 HB 49--Shellman, Town of; change name._--------------97, 101, 116, 154, 177 HB 50--Carnivals, circuses; resident agent, standard
forms for bonds __.__------..__.___----------------------146, 149, 173, 348 HB 51--Birth Certificates; adopted children------------298, 305, 343, 382, 404 HB 62--Grantville, Town of; change name--.--.--.-97, 101, 116, 154, 177 HB 63--Fireworks; agricultural purposes, limit sale.--------------515, 516, 543
HB 64--Crabbing; regulate, certain counties-_------..-201, 204, 236, 272, 282 HB 65--St. Marys, City of; close certain streets----------.97, 101, 116, 154, 177 HB 66--Camden County; officials on salary basis..--------97, 102, 116, 154, 178 HB 67--Motor vehicles; change maximum length..............98, 102, 116, 118, 139 HB 68--Estates; administrators may borrow money,
certain purposes ------._--_.----_______----_....146, 149, 173, 271, 294
HB 69--Warren County; commissioners of roads and revenues _..................--..----...--.------..-- 98, 102, 116, 154, 178
HB 70--Soil Conditioners; regulate registration and inspection ....___.------..._....______........-...298, 306, 343, 446, 456
HB 71--State Purchases; regulate.------------------__._------................98, 102, 116 HB 72--Bryan County; certain officials' salary----..98, 102, 116, 272, 275, 414 HB 73--Bryan County; treasurer's salary....-...--------98, 102, 117, 208, 239 HB 74--Pembroke, City of; City Court..----------......98, 102, 117, 272, 276, 414
HB 76--Cornelia, Town of; corporate limits........................98, 102, 117, 132, 156
HB 77--Baldwin, Town of; change date of council meeting _------------------------------ 98, 103, 117, 132, 157
HB 78--Habersham County; create office of tax commissioner _._._...--------------------------98, 103, 117, 132, 157, 567
HB 84--Bainbridge, City of; City Court, judge's compensation ----_------.--------------------------99, 103, 117, 132, 157
HB 85--Elbert County; compensation of tax commissioner ___.----------------------------------99, 103, 117, 271, 276, 437
HB 86--Elbert County; ordinary's salary------------99, 103, 117, 271, 278, 437
HB 87--Elbert County; provide advisory board of county commissioners...----_.__..................99, 103, 117, 272, 279, 437
HB 88--Milk Control Commission; transfer to Dept. of Agriculture..--------_------------------146, 149, 173, 192, 193
HB 89--Grand Jury; authorize stenographer, certain counties --------___..------------.------------99, 103, 118, 154, 178
HB 90--Clayton County; ordinary's salary..------............ 99, 104, 118, 154, 178
HB 91--Court records; provide for destruction of old records ....--------.----------....--------------.163, 168, 188, 316, 320
HB 92--State Board of Registrations for Foresters; amend __._----------....----______------..302, 306, 343, 444, 527
HB 93--Screven County; corporate limits.----_____..__..-.-99, 104, 118, 132, 157
INDEX
665
HB 94--Athens, Town of; close certain street.------99, 104, 118, 154, 179, 327 HB 95--Grovetown, City of; incorporate-.-.....------ 124, 129, 152, 208, 239 HB 97--Taxes; amount municipal corporation may
levy for current expenses --------------.-----------99, 104, 118, 208, 239 HB 98--School age; child of 6 may
enter ------...146, 149, 173, 209, 217, 226, 259, 402, 404, 438, 518, 576 HB 99--Thunderbolt, Town of; amend act
incorporating ........__------------------...__-....124, 129, 152, 208, 240 HB 103--Lincoln County; board of commissioners,
compensation of chairman ...... __--........._----.........124, 129, 152, 208, 240 HB 104--Springfield, City of; change voting hours----.--125, 130, 153, 208, 240 HB 110--Meat, poultry, dairy products; inspection............368, 372, 419, 494, 527 HB 112--Disabled veterans; homestead exemption......--146, 149, 173, 191, 216 HB 113--Voting machine; certain counties, party
voted for in one operation----------------------.___......------_--..125, 130, 153 HB 114--Catoosa County; commissioner's clerk,
compensation ___.--..._--------------------------.----125, 130, 153, 208, 240 HB 116--Uniform Foreign Depositions Act; adopt.........-514, 516, 543, 579, 597 HB 118--Estates; wills and administration, amend code so
as to replace "revoked"----__------__................._...515, 516, 543, 579, 597 HB 119--Ordinaries; transactions of business, regular
term of court ----------------------------_.--.....182, 185, 206, 271, 294 HB 120--Estates; recording of proceedings----.----__..182, 185, 206, 271, 295 HB 121--Guardians; borrowing and contracts, clarify..-- 183, 185, 206, 271, 295 HB 124--LaGrange, City of; corporate limits.--------------125, 130, 153, 208, 241 HB 130--Common Trust Funds; amend law
establishing _--------------....____________________----163, 168, 188, 315, 363 HB 132--Union County; commissioner of roads
and revenues _----------------------------.227, 231, 253, 546, 549, 576 HB 133--Walker County; sale of equipment--.--.._...........125, 130, 153, 208, 241 HB 134--Walker County; City Court, judge's
compensation _______--_--------..__._____125, 130, 153, 256, 258, 408 HB 135--LaFayette, City of; overriding of veto.-------.125, 130, 153, 208, 241 HB 138--Documents; party refuses admissions------------163, 168, 188, 316, 364 HB 141--Atlanta-Fulton County Local Education
Commission; amend __--......_.._..__________________ 125, 130, 153, 176, 179 HB 142--Vienna, City of; voting age-.----------_____126, 131, 153, 208, 241 HB 143--Fulton County; Pension Act, amend
pensioner employment _..______________----_.__-.126, 131, 154, 272, 282 HB 144--Atlanta, City of; corporate limits-..----------.-163, 169, 188, 272, 282 HB 145--East Point, City of; Land Lot 219----_.............201, 204, 236, 383, 385 HB 146--Pensions; certain cities, (150,000)------_.---163, 169, 188, 272, 282 HB 147--Pensions; all officers and widows, certain
cities (150,000 up) ----------_____________________--.163, 169, 189, 272, 283 HB 148--Atlanta, City of; streets and road
construction .._.....___________________------------163, 169, 189, 383, 386
HB 149--Atlanta, City of; Judge Emeritus----___...-227, 231, 253, 349, 351
HB 150--Pensions; credit armed forces, certain cities (150,000 up) ___._.....__......_._._._.164, 169, 189, 272, 274, 414
HB 151--Pensions, Police Dept.; certain cities (150,000 up) ..._._._......_..._._.....__..----.164, 169, 189, 272, 283
HB 152--East Point, City of; Land lots 190, 191, 194------..----_______--------------.126, 131, 154, 272, 283
HB 153--Atlanta, City of; Land Lot 101----.____________----..261, 266, 312, 349, 351
HB 154--East Point, City of; Land lot 101------------262, 266, 312, 349, 351
666
INDEX
HB 155--East Point, City of; amend charter--------------126, 131, 154, 272, 283 HB 156--Albany-Dougherty County; merger of
school system ______--------------------------------146, 149, 173, 208, 242 HB 157--Dougherty County; building codes, violations....146, 149, 173, 208, 242 HB 158--Dougherty County; commissioners of roads
and revenues _._-----__--___..----.------__--__._--144, 150, 174, 208, 242 HB 159--Dougherty County; streets, urban areas----------144, 150, 174, 208, 242 HB 160--Dougherty County; commissioners; change
number of members-------_------------------144, 150, 174, 208, 243
HB 161--Small Claims Court; certain counties, change costs --___------..____--------._..........__........202, 204, 236, 271, 284
HB 163--Superior Courts; clerks, duties, certain counties .._.----.--.._______.------.--------------------.144, 150, 174, 208, 243
HB 165--Master and Journeyman Plumbers, Steam Fitters examination; certain counties --------302, 306, 343, 424, 425
HB 166--Sheriff; payment of fees, certain counties------436, 438, 487, 491, 550 HB 167--County Police; on civil service plan,
certain counties ___...._--------------------------144, 150, 174, 208, 243 HB 170--Dalton, City of; tax to pay principal
and interest on bonds----___----------------145, 150, 174, 208, 243
HB 171--Dalton, City of; close certain street--.......----.145, 150, 174, 208, 243 HB 172--Dalton, City of; Civil Service Commission,
change provisions ____.------------_--------------145, 150, 174, 208, 244 HB 173--Rome, City of; corporate limits................____145, 151, 174, 208, 244 HB 174--Rome, City of; secretary for commission_____......145, 151, 175, 208, 244 HB 175--Sparta, City of; corporate limits.------------.----145, 151, 175, 208, 244
HB 176--Tifton Judicial Circuit; solicitor's salary ......... 145, 151, 176, 208, 245 HB 177--Crawford County; tax commissioner,
create office ....__..__...._....._._.___--------262, 266, 312, 349, 352 HB 178--Tax Receiver; amount of commission,
certain counties _._._...._._................._........_...._.....262, 266, 312, 349, 352 HB 179--Crawford County; commissioners of road
and revenues __.._...._.______.........._.._...._.__..__.__145, 151, 175, 316, 320
HB 180--DeKalb County; commissioners of roads and revenues ----------------------------.----.--------368, 372, 420, 446, 449
HB 181--DeKalb County; establish Recorder's Court -- .--------------_----------------------474, 480, 538, 546, 585, 624
HB 182--Chamblee City of; amend charter----------.410, 415, 441, 492, 502, 535 HB 183--Decatur, City of; contracts by city manager----331, 337, 378, 424, 426 HB 184--Georgia Seed Development Commission;
create ----------------------------302, 306, 343, 347, 402, 438 HB 187--College Park, City of; prescribe limits___.....164, 169, 189, 272, 284, 408
HB 188--College Park, City of; extend city limits .----------------------------------164, 170, 189, 208, 238, 408, 414
HB 189--Absentee Ballots; change number days notice to vote by mail--------------------163, 170, 189, 271, 295, 408, 413
HB 191--Swainsboro, City of; corporate limits ...--..145, 151, 175, 208, 239, 413
HB 192--Driver's license; possession of another person's ----------....--------------------------478, 480, 538, 579, 600, 624
HB 193--Depositions and Interrogatories; amend act relating to ----------------______--------------------476, 480, 538, 579, 598
HB 194--Hawkinsville, City of; amend charter...----......164, 170, 189, 209, 245 HB 195--Toombs County; board of commissioners of
roads and revenues, create........_.._.----------------164, 170, 189, 209, 245 HB 196--Waycross, City of; amend charter--------._----164, 170, 189, 209, 245 HB 197--Thomaston, City of; corporate limits..------------164, 170, 190, 209, 246
INDEX
667
HB 199--Athens, City of; Civil Service Commission, create .____._..__________.._.________164, 170, 199, 209, 246
HB 200--Athens, City of; amend charter, firefighting equipment _...___._._------------..._164, 170, 190, 209, 246
HB 202--Sheriff; gas allowance, certain cities.------202, 205, 236, 272, 284 HB 206--Teachers' Retirement System; include
WGST employees __--___.___._..__-....-368, 372, 420, 445, 456 HB 208--Savannah, City of; corporate limits----------....165, 171, 190, 209, 246 HB 209--Persuaders for loading livestock-.............----515, 516, 544, 580, 598 HB 210--Driver's license; operator accompanying
learner must be 21__._._.__----_------_--299, 306, 343, 382, 403 HB 211--Dade County; commissioner of roads and
revenue, create ...........--.-----------------------165, 171, 190, 209, 247 HB 212--Dade County; abolish office of treasurer.----165, 171, 190, 209, 247 HB 213--Dade County; ordinary's compensation.........----165, 171, 190, 209, 247 HB 214--Dade County; provide for appointment of
county depository _____..._..........--------------.--------165, 171, 190, 209, 248 HB 215--Teachers' Retirement System; define
service breaks ----_------_--------__------.------.--------372, 420, 445, 527 HB 216--Wilful trespass; make unlawful, fix
punishment ______--__--------____________..._....--.....183, 185, 207, 316, 363 HB 217--County Boards of Education, election
by grand jury ...________.__--------------.....262, 266, 313, 381, 427 HB 218--Norman Park, City of; increase
tax rate ------------------__--------------------.-----202, 205, 236, 271, 284 HB 219--Sheriff, Ordinary, salary, certain
counties ._._.__.._.....__........_................._..--.------202, 205, 236, 272, 285 HB 220--Board of Commissioners; clerk and purchasing
agent, appointment, certain counties..........----202, 205, 236, 272, 285 HB 222--Winterville, City of; utilities--.------------------202, 205, 237, 272, 285 HB 223--Wadley, City of; amend charter....-...............-- 202, 205, 237, 272, 285 HB 224--Service of Process; non-resident....--------------183, 185, 207, 315, 363 HB 225--Foreign corporations; legal process against----183, 186, 207, 315, 363 HB 226--Service of Process; non-resident ....................----183, 186, 207, 315, 364 HB 227--Carnivals, circuses; resident agent, damages
caused by show----------------------..__.........------183, 186, 207, 348, 405 HB 228--Service of Process; non-resident motorists----183, 186, 207, 446, 457 HB 229--State Banks; director's qualifications..----302, 306, 343, 448, 457, 576 HB 230--Charlton County; commissioner of roads
and revenues _....._.....__.........._._..................._....--.... 202, 205, 237, 316, 321 HB 232--DeKalb County; fix taxes, licenses._-......------_...410, 415, 441, 491
HB 234--Trustees; appointment of new trustees.--------183, 186, 207, 315, 364 HB 239--Voting Machines; provide for use in
all elections ----------.--------_______.._.__410, 415, 441, 491, 545, 557, 576 HB 240--County Boards of Education; General Assembly
provide compensation ----------------.--------262, 266, 313, 348, 406, 599 HB 242--Peachtree City; create and incorporate__......_227, 231, 253, 447, 449
HB 243--Fayette County; board of commissioners of roads and revenues, create ___............._....._227, 231, 254, 447, 449
HB 244--Atkinson County; ordinary's salary..----.--------227, 231, 254, 272, 286
HB 245--Tax Receiver; fees, certain counties--......._------227, 232, 254, 272, 286
HB 246--County property; procedure for sale....333, 337, 378, 448, 457, 527, 579 HB 248--Livestock and Poultry; authorize
administrators to sell....__.-------....................299, 306, 344, 382, 406 HB 249--Bank taxation; market value stock
relating to banks.....................__..__................262, 267, 313, 348, 362
668
INDEX
HB 250--Banks; capital stock invested by bank._..--.....-.-.262, 267, 313, 362 HB 251--Pataula Judicial Circuit; solicitor's
compensation ........__._............__................._..227, 232, 254, 271, 286 HB 252--Douglas, City of; corporate limits.---___________----227, 232, 254, 286 HB 253--Watkinsville, Town of; reincorporate___.__..227, 232, 254, 272, 273, 286 HB 254--Bogart, Town of; amend charter_-._._.----__----228, 232, 254, 349, 352 HB 255--Marriage license recorded and returned
by ordinary _________....____----------..------__...._369, 372, 420, 444 HB 260--Income tax; net income, computation and
collection ____._________...__._______..._._--435, 438, 487, 493 HB 261--Peace Officer's Annuity; investments
and suits _--------___------____----------__------__----332, 337, 378, 448, 528 HB 262--Schley County; commissioners of roads and
revenues, publication of expenditures ----------228, 232, 254, 316, 321 HB 264--Merit System; exempt certain employees.----.....228, 232, 254, 317, 359 HB 265--Harris County; commissioners of roads
and revenues, compensation ......_........................228, 232, 254, 349, 352 HB 266--Griffin, City of; corporate limits----___----------.228, 233, 255, 349, 353 HB 267--Griffin, City of; provide board of trustees
for emergency fund--_------------_____----__228, 233, 255, 350, 353
HB 268--Griffin, City of; Cemetery Trust Fund.-..----228, 233, 255, 349, 353 HB 269--Griffin, City of; board of commissioners,
powers __--___----___._____---------------------228, 233, 255, 349, 353 HB 270--Talbot County; tax commissioner, amend act
creating office _____----------------_------_--.228, 233, 255, 349, 353 HB 272--Unincorporated organization; to sue and to
be sued ..----_____.-_______.------_..--------228, 233, 255, 317, 361, 414 HB 276--Americus, City of; amend charter.--_................229, 233, 255, 272, 287 HB 277--Americus, City of; retirement system,
amend __..___.______----_______----..................229, 233, 255, 272, 287 HB 278--Heard County; board of commissioners___--.229, 234, 255, 267, 271 HB 279--Floyd County; board of education,
compensation _...__._...........-.--.........-..........229, 234, 255, 492, 508 HB 280--Monticello, City of; corporate limits----.229, 234, 255, 256, 272, 287 HB 282--State Officials; compensation--....__.........._-478, 480, 538, 545, 601 HB 283--Cobb County; salaries, certain officials.....----262, 267, 313, 349, 354 HB 284--Powder Springs, City of; corporate limits.----263, 267, 313, 349, 354 HB 285--Acworth, Town of; amend charter.......................263, 267, 313, 349, 354
HB 286--Kennesaw, City of; amend charter.............--.....263, 267, 313, 349, 354
HB 288--Dodge County; salaries, certain officials.------229, 234, 256, 272, 287
HB 289--Dodge County; primary election date--------. 229, 234, 256, 272, 288
HB 290--Oconee Judicial Circuit; solicitor's compensation ___________-------------------------- 229, 234, 256, 271, 288
HB 291--Eastman, City of; abolish City Court......------229, 234, 256, 272, 288 HB 292--Dodge County; superior court terms-.__--....-230, 230, 256, 271, 288 HB 293--Dodge County; commissioner's salary..----_..230, 235, 256, 272, 289 HB 298--Stone Mountain Memorial Association Act; amend,
amount bonds may be issued....._--------------------263, 313, 317, 360 HB 300--Savannah, City of; Presbyterian Church,
incorporate -------------------------.--.--------.....230, 235, 256, 271, 289 HB 301--"All South Centennial Committee";
repeal resolution creating--...........____.__..299, 306, 344, 383, 427 HB 302--Cordele, City of; corporate limits.--,,------........249, 252, 270, 350, 355 HB 307--Planning Commissions; certain counties,
establish separate or joint----------------302, 307, 344, 383, 428, 624 HB 308--Newnan, City of; amend charter----___________.249, 252, 270, 382, 386
INDEX
669
HB 309--Polk County; abolish mode of compensation to certain officials ------------------------.249, 252, 270, 316, 321, 402, 489
HB 310--Catoosa County; superior court clerk and ordinary, compensation ----------------------..250, 252, 270, 316, 322, 414
HB 311--Elberton, City of; sale of city property--~~~-~250, 252, 270, 349, 355 HB 313--County treasurers; compensation ----------------299, 307, 344, 382, 386 HB 314--Ware County; commissioner of roads and
revenues _.----,,_----.--_____--__----------------.299, 307, 344, 383, 386 HB 315--Unlimited latitude; counsel arguing certain
things to jury----.--___----..----__.--------.-.--------478, 480, 538, 579 HB 318--Brunswick, City of; close certain streets.------.250, 253, 270, 349, 355 HB 320--DeKalb County; amend act pertaining to
governing authority _--___----____.--------------250, 253, 270, 350, 355 HB 322--Tax receivers and collectors; city-county
boards, commissions ------.------..------...--------.250, 253, 271, 578, 586
HB 323--Housing Authorities Law; amend, construct dormitory University of Georgia........__--------.263, 268, 314, 318, 360
HB 324--Department of Natural Resources; clarify authority ......__----------.__----------............_...263, 268, 314, 347, 403
HB 325--Governor's Commission on Constitutional Government; funds to operate--------------------263, 268, 314, 347, 405
HB 326--Public officers; actions on bonds....................__369, 372, 420, 494, 558 HB 328--Motor Carriers; inspectors be police officers___________.__..________332, 337, 378
HB 329--Motor Vehicles; for hire, registration, licensing --------------------------__....................436, 438, 487, 493, 597
HB 832--Tax Receivers and Collectors; commissions..----------369, 373, 420, 444 HB 337--Fort Valley, City of; establish parks and
cemetery commission ........._------------------299, 307, 344, 383, 387 HB 338--Berkeley Lake, City of; incorporate------------..299, 307, 344, 382, 387 HB 339--Forsyth County; sheriff's salary----------------------299, 307, 344, 446 HB 340--Cherkee County; certain officials,
compensation ----------.__------------.------------...299, 307, 344, 382, 387 HB 341--College Park, City of; amend charter..----------.299, 307, 344, 383, 387 HB 342--Forest Park, Town of; corporate limits__------299, 308, 344, 383, 388 HB 343--Telfair County; tax commissioner, amend act
creating offices __.._._.__----.--------------300, 308, 345, 446, 449 HB 344--Telfair County; commissioner of roads and revenue,
employment, certain persons------------__------300, 308, 345, 447, 449 HB 345--McRae, City of; corporate limits----------------300, 308, 345, 446, 450 HB 346--College Park, City of; amend charter__----------300, 308, 345, 388 HB 347--Telfair County; tax commissioner's salary..----300, 308, 345, 446, 450
HB 348--Forsyth, City of; close certain street------------300, 308, 345, 382, 388 HB 351--Motor vehicles; security given by owners
and operators ........................_.--------------------477, 480, 538, 579, 601 HB 352--Motor Vehicles; bond, financial responsibility.-------------477, 480, 538 HB 354--Augusta Port Authority; create----------__-..-300, 308, 345, 349, 388 HB 356--Witnesses; requirements of resident.........--...---300, 308, 345, 382, 404 HB 357--Vocational Rehabilitation Act; amend--.--_-410, 416, 441, 445, 529 HB 359--College Park, City of; prescribe city limits..----300, 309, 345, 383, 388 HB 360--College Park, City of; prescribe city limits----300, 309, 345, 383, 389
HB 361--College Park, City of; pensions--------------------300, 309, 345, 383, 389 HB 362--Atlanta, City of; business licenses...............----301, 309, 345, 383, 389 HB 363--State Game and Fish Commission; amend,
spearing of rough fish..----.__----__.........----..332, 338, 379, 494, 529 HB 364--Georgia Industrial Development Administration;
create _..._____--_.--__--__----------------263, 268, 314, 348, 427, 476, 521
670
INDEX
HB 365--Automobile License Tags, disabled veterans, issuance of two free--......________________.___334, 338, 379, 446, 457
HB 367--Augusta, City of; payment of fees by candidates..--301, 309, 346, 493 HB 368--Newton County; board of directors.........___........_.----301, 309, 346 HB 369--Newton County; salaries, certain officials.------_____._____-_.301, 309, 346 HB 371--Oxford, Town of; amend charter........._____..301, 309, 346, 382, 389 HB 372--Registration of voters; cancellation
of registration ......_.__________._________--------515, 516, 544, 601 HB 373--Manchester, City of; amend charter____.332, 338, 379, 492, 503, 535 HB 374--Teachers' Contract; provide pay in event of
school closing __.___.___.______________332, 338, 379, 445, 458 HB 376--Coffee County; commissioner of roads and revenues.-----332, 338, 379 HB 380--Fitzgerald, City of; amend charter.__________301, 310, 346, 446, 450 HB 383--Pensions; cities of 150,000 or more.....----301, 310, 346, 373, 382, 390 HB 385--State Game and Pish Commission; amend,
non-resident fishing license......--_____.._..----_.--369, 420, 494, 529 HB 387--Hapeville, City of; extend city limits--..--_----301, 310, 346, 382, 390 HB 388--Motor vehicles; registration, penalties, cities of
150,000 or more----_______________369, 373, 420, 424, 458, 476
HB 389--New Trials; judge required to state grounds __--______--.----____--___.--302, 310, 347, 493, 530
HB 390--Hapeville, City of; jurisdiction unincorporated area_____----___________....301, 310, 346, 382, 390
HB 394--Property assessment; in force till new return----_----__..301, 310, 346 HB 395--Ordinaries; retirement benefits------.----514, 517, 544, 579, 624, 626 HB 397--Suits; persons married and 18, settle claim
in own name..______________._____--332, 338, 379, 444, 458 HB 401--Cherokee Judicial Circuit; terms,
Superior Courts ____----__--_--____--___301, 310, 346, 492, 504, 535 HB 404--Ordinaries; qualifications in counties of
300,000 or more __.----._----______------_--_ 302, 310, 346, 382, 391
HB 407--Cartersville, City of; corporate limits______332, 338, 379, 491, 508 HB 408--Adairsville, Town of; public utility
service ___--_----__----___------___--___332, 338, 379, 492, 505, 535 HB 409--Cartersville, City of; contract for public
utilities ___--_._.----.----__-___------334, 339, 379, 492, 506, 535 HB 410--Cartersville, City of; corporate limits.------.--332, 339, 379, 492, 508 HB 411--Emerson, City of; amend charter.--_______333, 339, 380, 492, 509 HB 412--Cartersville, City of; corporate limits----,,_----333, 339, 380, 492, 509 HB 413--Adairsville, City of; corporate limits--_________ 333, 339, 380, 492, 509 HB 414--Troup County; coroner's salary----_----___333, 339, 380, 446, 450
HB 415--Calhoun, City of; payment of school funds..----333, 339, 380, 447, 451 HB 417--Gordon County; manner funds deposited
and disbursed ____________________________333, 339, 380, 491, 509 HB 419--County boards of health; inspect funeral
establishments ____----___----_________-436, 438, 487, 548, 558 HB 420--Truck brokers; agricultural products,
enforcement of contracts .___________________--_----__514, 517, 544 HB 421--Douglas-Coffee County Industrial
Authority; create ___ ....... ...........__...333, 340, 380, 447, 451
HB 422--Department of Entomology; transfer to Dept. of Agriculture ________________________369, 373, 420, 547, 558
HB 424--Mitchell, Town of; increase tax rate limit......... 333, 340, 380, 447, 451 HB 425--Summerville, City of; new charter___----_.....334, 340, 380, 492, 510 HB 426--University System Building Authority Act;
amend, include chancellor--..-.----__________-334, 340, 380, 382, 432
INDEX
671
HB 427--State School Building Authority Act;
amend, include chancellor................--------------...334, 340, 380, 382, 432
HB 430--Western and Atlantic Railroad Commission;
enter into agreements__._..____----------..334, 340, 381, 490, 558, 579
HB 431--Judges; retirement, fix time person eligible----479, 480, 538, 548, 586
HB 432--Traffic Court; officials compensation,
cities having 300,000 ._.............._.__..----334, 340, 381, 447, 451, 476, 508
HB 435--Candler County; ordinary's salary................----369, 373, 421, 447, 452
HB 437--Pulaski County; commissioner of roads
and revenues ,,...._.....--.....----------..............------369, 373, 421, 446, 452
HB 438--Reidsville, City of; City Court.......----------.........370, 373, 421, 447, 452
HB 440--Crawford County; clerk, superior court,
salary .--________----...----___.._.______----.___._.___.....370, 373, 421, 447, 452
HB 441--Court of Appeals; Judge Emeritus----------370, 374, 421, 444, 459, 576
HB 443--Griffin, City of; chairman of board of commissioners,
Honorary Mayor ----..-___.______.________..-_____,,___.,,.__----370, 374, 421, 447, 453
HB 445--Collins, City of; amend charter.....------------.....370, 374, 421, 447, 452
HB 448--Albany, City of; police and fire department
under city manager ._..._.__._.._.__..__....-------- 370, 374, 421, 447, 453, 535
HB 449--Albany, City of; increase ad valorem taxes ----370, 374, 421, 447, 454
HB 450--Douglas County; Provide fire districts--....----370, 374, 421, 446, 454
HB 451--Valdosta, City of; corporate limits.--------------.370, 374, 421, 447, 454
HB 452--Valdosta, City of; Recorder's Court,
fines _._______.____.__----__._________________..._.__.
...371, 374, 422, 447, 454
HB 453--Cadwell, Town of; amend charter----........--------371, 374, 422, 447, 455
HB 454--Carrollton, City Court; Judge Emeritus....------.371, 375, 422, 447, 455
HB 455--Lithia Springs; incorporate ___,,____.______._.._,...----371, 375, 422, 446, 455
HB 457--Laborer's and Materialmen's Liens; architect,
surveyor engineer, benefit Code 67-2001-2------371, 375, 422, 548, 560
HB 459--Richmond County; board of education,
members ....._..._......-- ..................................... 371, 375, 422, 447, 455
HB 461--Jackson, City of; amend charter...----._..__.------371, 375, 422, 492, 510
HB 462--Marietta, City of; corporate limits..............------.371, 375, 422, 446, 455
HB 464--White, Town of; amend charter------------371, 375, 422, 492, 507, 535
HB 465--Kingston, Town of; change name to City
of Kingston ______.___.._.__.___..__.__ 371, 375, 422, 492, 500, 535
HB 466--Emerson, Town of; public utilities.----......371, 376, 422, 492, 501, 536
HB 467--Atlanta, City of; corporate limits to
include Sandy Springs..______.___.__________----____..____--------410, 416, 441
HB 468--Carnesville, City of; compensation of
mayor and councilmen.------_.____._____._.----_........ 410, 416, 441, 492, 510
HB 469--Commercial Feed Stuff; standards set by
Commissioner of Agriculture ------ .___,,.___.----436, 439, 487, 547, 560
HB 470--Cannon, City of; power of eminent domain--_.____.___----......436, 439, 487
HB 471--Albany, City of; candidates required to receive
majority of votes----_._..........,,.......__......_..._.----.410, 416, 441, 492, 510
HB 472--Remanufactured motor, engine, well, pump
be labeled as such,..-__.._.............._..............----.437, 439, 488, 548, 573
HB 473--Frankin County; commissioner of roads and revenues----410, 416, 441
HB 474--Agricultural Commodities Authority Act;
include eggs ...______.._______________------------...436, 439, 488, 547, 561, 624
HB 475--Juvenile Court; counties having population
150,000 to 300,000 .......477, 481, 539, 546, 587
HB 476--Claxton, City of; City Court distributions
of fines ...._....._...._..........------------------._.-------410, 416, 441, 577, 587
HB 477--Bellville, City of; amend charter.........--------......------411, 416, 442, 492
672
INDEX
HB 479--Albany, City of; water, gas, light, commission ---,,____----------------------------411, 417, 442, 492, 511
HB 480--Albany, City of; corporate limits---------411, 417, 442, 492, 506, 536 HB 481--Macon, City of; corporate limits_------------...411, 417, 442, 546, 587 HB 482--Macon, City of; close certain street----------...411, 417, 442, 492, 511 HB 483--Macon, City of; lease portion of City Park----..411, 417, 442, 492, 511 HB 484--Milledgeville, City of; amend charter..--------...411, 417, 442, 492, 511 HB 485--Old-age and Survivor's Insurance Act; amend, include
certain officers political sub-divisions..................477, 481, 539, 549, 602 HB 487--Life tenants in possession.....--------~--._._-...411, 417, 442, 579, 610 HB 488--Waycross, City of; include Wayne Hinson
Subdivision ......_.....______----------------..411, 417, 442, 491, 512 HB 489--County Boards of Health; right of
of administrative hearing ____...________.--_._.___._. 514, 517, 544, 547, 610 HB 491--State Board of Health; powers and duties----..614, 518, 544, 547, 610 HB 492--Atlanta, City of; board of education,
salaries _.._._.__----------------------------411, 418, 442, 491, 512 HB 493--Psychiatrists; communications with patient be
privileged --....._..--.----------.._...--...._._._.......477, 481, 539, 579, 611 HB 497--Smyrna, City of; Civil Service for police
and fire dept. _____------.------__--_____.--.__--...--...412, 418, 442, 492, 512 HB 498--Atlanta, City of; teachers' pensions..----...412, 418, 443, 491, 495, 536 HB 499--FuJton County; teachers' pensions
and board of education..---------------.----412, 418, 443, 491, 497, 536 HB 503--Motor Vehicles; trailers, registration
and license, dealer license plates----------.----.---437, 439, 488, 493, 561 HB 505--Floyd County; commissioners of roads
and revenues, meetings ------------...----.......412, 418, 443, 492, 497 HB 506--Floyd County; salaries, certain officers....------412, 418, 443, 492, 513 HB 507--DeKalb County; establish commission
to study government----.----------.._----..412, 418, 443, 578, 586, 624 HB 509--Floyd County; waterworks, sewerage,
sanitation --------~__--------------------.....----.412, 418, 443, 492, 513 HB 510--Paulding County; clerical help.-----------------.412, 419, 443, 492, 513 HB 511--Paulding County; ordinary, clerical help--...... 412, 419, 443, 492, 513 HB 515--Law Library; establish, counties of
27,200-27,600 -------------------------------------412, 419, 443, 492, 513 HB 516--Chatham County; ordinary's compensation----474, 481, 539, 546, 587 HB 517--Houston County; corporate limits ------------474, 481, 539, 546, 588 HB 518--Senoia, City of; amend charter----------------__474, 481, 539, 545, 588 HB 519--Savannah, City of; City Court, judge's salary.-474, 481, 539, 546, 588 HB 520--Rockdale County; tax commissioner,
clerical help --------------------------------------474, 482, 539, 546, 588 HB 522--Eastman, City of; corporate limits------------475, 482, 539, 546, 589 HB 523--Hawkinsville, City of; corporate limits----------.475, 482, 539, 546, 589 HB 524--Brooks County; tax commissioner,
rounds ...__----------.__--------------------------472, 482, 540, 578, 589 HB 525--Garden City, Town of; voting machines.------472, 482, 540, 546, 589 HB 526--Lawrenceville, City of; corporate limits.--------.472, 482, 540, 546, 590
HB 528--Savannah, City of; Municipal Court------------.472, 482, 540, 546, 590
HB 530--Stone Mountain Circuit; Solicitor's assistants....--....---- 473, 482, 540 HB 531--DeKalb County; Civil Court,
jurisdiction, costs ------..------........._......----.....473, 483, 540, 546, 590 HB 533--Stone Mountain Judicial Circuit;
Solicitor's compensation --------------------------------473, 483, 540 HB 538--Claxton, City of; City Court--------------------473, 483, 540, 577, 590
INDEX
673
HB 539--County Board of Education; compensation of members, counties having 130,000 to 140,000----473, 483, 540, 546, 590
HB 540--Catoosa County; assistant to sheriff------------473, 483, 540, 546, 591 HB 542--Moultrie, City of; amend charter..........................473, 483, 541, 546, 591 HB 543--Moultrie, City of; redefine wards... _------473, 483, 541, 546, 591 HB 544--Atlanta Judicial Circuit; Solicitor's
compensation --------___----.----------------473, 484, 541, 546, 591 HB 546--Rossville, City of; corporate limits..--...-----473, 484, 541, 546, 592 HB 547--Walker County; commissioner of roads
and revenues ......----,,------_....----------_--------474, 484, 541, 546, 592 HB 548--Public Office; holding of, eligibility------TM---------514, 518, 544, 579 HB 549--Fulton County; board of education,
teachers' pension ._.._...-..........._........--------------474, 484, 541, 546, 592 HB 550--Savannah, City of; Civil Service System..-.----477, 484, 541, 546, 592 HB 551--Waycross, City of; extend city limits..._-.---477, 484, 541, 577, 593 HB 553--Austell, Town of; corporate limits--------------471, 484, 541, 577, 593 HB 554--Zoning and Planning Ordinances, cities
of 300,000 ----------------___----..----------..._..--471, 484, 541, 577, 593 HB 555--Fulton County; limit ad valorem taxes.-------471, 485, 542, 579, 593 HB 556--Wayne County; sheriff and clerk of
superior court, salaries.....--------_--------------472, 485, 542, 577, 594 HB 557--Cedartown, City of; amend charter--------------.472, 485, 542, 546, 594 HB 558--Forest Park, Town of; extend city limits .------472, 485, 542, 546, 594 HB 559--Cherokee County; commissioner of roads
and revenues _.._...__----------------------------472, 485, 542, 577, 594 HB 562--Clayton Judicial Circuit; court
reporter's salary ------_------------------------472, 485, 542, 546, 595 HB 563--Dacula, City of; incorporate----------------------472, 485, 542, 578, 595 HB 564--Gwinnett County; county commissioners------472, 485, 542, 578, 595 HB 565--Jackson County, board of commissioners
of roads and revenues.------------------------479, 485, 542, 578, 580, 624 HB 566--Commerce, City of; corporate limits----------479, 486, 542, 578, 581, 624 HB 567--Commerce, City of; amend charter.--------------479, 486, 542, 578, 595 HB 568--Elberton, City of; city manager........----------------------..------------.574 HB 569--Covington, City of; amend charter.--.......------------479, 486, 542, 546 HB 570--Fulton County; Civil Service Board.------------ 479, 486, 543, 546, 596
HOUSE RESOLUTIONS
HR 1--Speaker, Clerk elected; notify Senate, House organized ---------- 10, 11 HR 2--General Assembly convened; notify Governor..--.--------------..10, 11 HR 5--Election returns; joint session......--------__------.------...___----.10, 11 HR 6--Inauguaration of Governor; joint committee.------------..--.---- 11, 12 HR 7--Inauguration; joint committee for escort-------------------------11, 12 HR 8--Inauguration; joint session----..---------------- ..-- ------_.---- . 11, 12 HR 10--Institution for legislators; express appreciation to.-- ----------. 31, 32 HR 11--Institute for Legislators; express appreciation for dinner--------31, 32 HR 14--Address; Governor Ernest Vandiver, joint session --------------31, 32 HR 16--George, Hon. Walter F.; acceptance of portrait --------------------46 HR 18--State Highway Board; successor to Roy F. Chalker; joint session 46 HR 24--George, Walter F.; presentation of portrait; joint session ------82, 86 HR 26--Hilborn, Mr. Earl; compensate------------------515, 518, 544, 547, 612 HR 29--Americus-Vienna Bridge; change name
to Luther Storey Bridge----------------. 202, 206, 237, 318, 362, 414 HR 31--Seminole County; compensate--------------------334, 340, 381, 491, 521 HR 32--Chatham County; State Librarian furnish books ----.165, 171, 190, 323
674
INDEX
HR 36--Newsome, J. L.; compensate
......---- 334, 341, 381, 491, 522
HR 38--Powers, Wilbur F.; compensate---------------- 367, 376, 423, 491, 523
HR 39--St. Marys, City of; authority to contract----.... 367, 376, 423, 490, 552
HR 44--Carson, Sam M.; compensate------..----------.........435, 439, 488, 547, 561
HR 46--Clayton County; fire prevention districts.------------------. 367, 376, 423
HR 47--Pannel, Mr. W. Gray; compensate.------------.334, 341, 381, 491, 523
HR 48--Pannel, Mr. W. Gray; compensate..__... 325, 341, 381, 491, 524
HR 52--Financing additional services; joint committee to study... 534, 537, 578
HR 53--Armed Services; retirement (memorialize Congress)------------478, 536
HR 54--Superior Courts; lend newspapers to
University of Ga. for microfilming--.------.----------113, 114, 132, 444
HR 56--Tidwell, A. W.; compensate.-------------------- 515, 518, 544, 580, 612
HR 57--Elberton Armory Grounds; acquisition
and disposition of property----------------------368, 376, 423, 424, 459
HR 59--Public Schools; outlines of grades
and courses ........-.----------..----------------- 303, 311, 347, 348, 406
HR 61--Congressional Delegation; commend on
stand on education----------------------..----------_--------------. 478, 536
HR 63--Aldredge, Mrs. E. R.; compensate ------------------ 477, 486, 543, 547, 613
HR 66--Rogers, Tommie T.; compensate.----------........325, 341, 381, 491, 525
HR 67--Parker, Mr. Albert; compensate.......-----------..368, 376, 423, 491, 525
HR 68--Wilkes County; State Librarian furnish
law books to clerk....--------------------------....183, 186, 207, 257, 289
HR 71--Jekyll Island Authority; express appreciation.--------------------113
HR 77--Tift County School Board; compensation..------..----------368, 376, 423
HR 78--Pickens County; conveyance of property... 263, 268, 314, 347, 406, 544
HR 79--Harmon, T. G.; relieve as security on
appearance bond -------------------.....----------.--------..----516, 579, 615
HR 80--Savannah, City of; easement ratified----------------.203, 205, 237, 259
HR 84--Johnson, Mr. Howard R.; compensate------------478, 486, 543, 547, 613
HR 85--Georgia Public "Service Commission;
reciprocal agreement ..------------_------_----.515, 517, 544, 578, 615
HR 86--Senators Richard B. Russell and Herman
E. Talmadge; to address General Assembly----. .... 126, 127, 260
HR 89--Jekyll Island State Park Authority;
commend members and attorney--------------------------------126, 127
HR 90--Williamson, Jimmy; express appreciation...----------------------126, 127
HR 91--State Ports; progress.--------....--_--.----._--.--------.----------------.127
HR 92--Brunswick, City of, Glynn County; express appreciation ........ 127, 128
HR 93--Georgia Power Company; express appreciation.-----.........----127, 128
HR 94--Hercules Powder Company, Brunswick Pulp
and Paper Company; express appreciation.----------------------127, 128
HR 95--Union Bag-Camp Paper Corporation; express appreciation--.127, 128
HR 96--Savannah, City of, Mayor and Board of Aldermen;
County Commission Chatham County; express appreciation.--127, 128
HR 97--Chattanooga; inspect state property--,--------------------127, 146, 147
HR 99--Public school systems; administer by states.------------------___ 203, 210
HR 100--Cook County; conveyance of property ------.... 263, 268, 314, 347, 403
HR 109--Coliseum; College of Agriculture in Athens----.------------------184, 193
HR 112--Insurance Laws Revision Committee;
expenses --------....----------...........--------------410, 419, 443, 447, 530
HR 115--Dorsey, Wilma Hulsey; compensate .....------_.. 369, 376, 423, 491, 526
HR 116--Transit systems; executive order,
suspending tax penalties.------.------------------264, 268, 314, 348, 360
HR 117--White County; right of way of Unicoi
State Park _---........------------..--..-------------- 264, 268, 314, 347, 403
INDEX
675
HR 118--Wattenbarger, Mrs. Anna; compensate..-------435, 439, 488, 547, 562
HR 123--Telfair County; convey property.....----------.--335, 341, 381, 424, 433
HR 124--Monroe County; State Librarian furnish
books .----------_--_----_--------._--------302, 311, 347, 383, 390, 478
HR 130--Uniform Commercial Code; committee to study_..__...------------575, 623
HR 131--House Bill 111; committee to study..._-------._----------534, 537, 578
HR 133--State Prison; employees, retirement...--_._----_......__....._..___._437, 470
HR 134--Whitehall Plantation; acquisition--,,-------------------------------------335
HR 135--Butts County; State Librarian
furnish books __.....___...----____._..._...____.,,-_..............478, 486, 543, 546, 596
HR 136--Montezuma, City of; conveyance of land ... _____ 335, 341, 381, 447, 563
HR 137--License tags to commanders of patriotic organizations....436, 440, 488
HR 138--Muscogee County; convey property...........------__..____.----...478, 486, 543
HR 139--Decatur County; convey property------------------437, 440, 488, 490, 563
HR 143--Oil Centennial Year; designate.........--......................................................250
HR 146--Chattooga County; election, board
of education --------.
--------_..__..__.._ 369, 377, 423, 490, 554
HR 147--Meriwether County; convey property.--------515, 517, 545, 578, 617 HR 148--Sumter County; convey property------. ... 478/486, 543, 545, 616 HR 154--Harrison, Hon. Walter; congratulate.....----......._.___...._------..... 303, 356 HR 155--American Bible Society; express appreciation.--....__.______..........303, 356 HR 156--North Fulton Special Choir; official State Choir .................. 303, 356 HR 157--Veterans hospitals; relating to....____---.------.__._..--___________..--303, 356 HR 159--Juvenile Detention Homes Committee; create... 534, 537, 578, 619, 626 HR 161--House Bill 115--committee to
study _-.------.-..-.-......835, 377, 423, 448, 560, 568, 571, 598, 610, 625 HR 166--Clarke County; laad conveyance...__....---- 413, 419, 444, 447, 567 HR 167--Fort Gaines, City of; municipal port
and terminal __ ._................ 515, 517, 545, 578, 620, 626
HR 168--Jefferson Davis Highway; routes.. ------ .--------------...........600, 623 HR 169--Fulton County; Governor to sell lands.....----...436, 440, 488, 490, 567 HR 171--Coffee County; convey property ------..........413, 419, 444, 447, 530
HR 173--Savannah Real Estate Board, Inc.; compensate .--------------....-- ------ --.------514, 517, 545, 580, 614
HR 178--Bartow County; State Librarian furnish books to ........._........----------..._.....----------436, 440, 488, 578, 596
HR 181--Brunswick Harbor; easement........------....----477, 487, 543, 545, 617 HR 184--Ga. Retailers and Consumer Sales Tax Act;
suspend collection on use tax. ..........----------437, 440, 488, 490, 568 HR 187--Dr. Daniel Spencer Middleton; regret at passing.....--------....--335 HR 188--Integration; General Assembly on record as opposed--...........--------335 HR 189--National Editorial Association,....--.._........--------.....,..------------.-- 335 HR 191--Fertilizer Study Committee; create.------........----------...534, 538, 578 HR 194--Atlanta and West Point and Georgia Railroads;
commend ----------------------------------------------___--------478, 536
HR 195--General Assembly; committee to study compensation _.....----......... ------------___.______.--------534, 538, 578, 623
HR 198--Hall County; State Librarian to furnish books .--..--....__.._._..------..........--------......--....515, 517, 545, 579, 596
HR 200--W. and A. Railroad Freight Yards; enlargement ------........----------.----......------..413, 419, 444, 490, 568
HR 206--Glynn County; Sidney Lanier Bridge, toll charges---..--------.476, 536
HR 214--Stone Mountain Memorial Association; commend------------...437, 470
HR 218--Water pollution; committee to study.------.------------....--....... 599, 620
HR 226--State employees; commend------------------------------------.----479, 536
676
INDEX
HR 228--Southern Land Timber and Pulp Corporation; good wishes--------------------------------------------479, 536
HR 229--Georgia State Guard Association; commend--------------------479, 537 HR 230--Lumpkin County; commend for gold for Capitol Dome--------479, 537 HR 231--Hon. Eugene Cook and Bill Drafting Unit; commend ----------__479, 537 HR 232--Hon. Joe Burton, commend--------------------------------------475, 537 HR 233--Georgia Golf Day; in memory of Mr. Bert Prather--------------__476, 537 HR 236--DeMolay, Order of; commend-------------------------------------534, 537 HR 257--Adjournment of House and Senate--.----------.---- .--..----------599, 615